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Home My WebLink About20043655.tiff X 1 l 2 1 3 4 I 5 r 6 I 7 I 8 QS 6 :o} IN1Ipp1IgI � I1IIN N IIIIHNi!NalAIIIII IIMIIW!I�1°M1111I USE BY SPECIAL REVIEW — USR # 1425 r` asoeTma lot 11111.00 00.00 SSW Was dark a MmNar sa., ARCH 0 PILGRIM COMMUNICATIONS, INC. JPA •.. o r OF l fim .IDN LOT A OF CORRECTED RE-2838 A PORTION OF THE SW IV4 SECTION 30, TOWNSHIP 4 NORTH, RANGE 67 WEST, OF THE 6TH P.M., WELD COUNTY, COLORADO U A - --- in A v _ _ �,--- - NORTH PROPERTY DESCRIPTION: SITE SPECIFIC DEVELOPMENT PLAN a d. • O0 t.__. 0 A tract of land located in the southwest one—Ouorter(SW 1/4)or SPECIAL REVIEW PERMIT ,� Ci yns EAST Section thirty(30), Township Four p) North, Range Sixty—seven m67) DEVELOPMENT STANDARDS to 4O.r In M • West 0 the fits Principal Meridian, Weld county, Colorado being ore PILGRIM COMMUNICTIONS, INC. AND 2 ' 0 '1 • particularly described as: GLOBAL AMERICAN ENTERPRISES, INC. (� O SOUTH Considering the South line of the Southwest One—quarter (SW 1/4) of USR-1425 O CH CH ,� said Section Thirty (30) to bear North 88'28'25"West, and all bearings •/ ,I,ri '� I. A Site Specific Development Plan and Use by Special Review V] V:, I r contained herein being re:ative thereto: � 18 / cadPermit for a Major Facility of a Public Utility(199 foot Monopole N • 4 ttl / SCALE • t"=t000' Beginning Antenna Tower) in the a(Agricultural) Zone District. N O kw ginning at the Southwest (SW)o tamer of said Thirty (]o); W .--w — / n thence along the Westerly line or the Southwest One—quarter et 1/4) the 2. Approval of lnis plan may create a vested property right — O U0 Go / of said section Thirty (30), North o0'oa30•West. 1006.34 feet to the sITE / pursuant to Section 23-8-10 of the Weld County Code. True Point of Beginning: thence, South BT4759" East, 683.95 feet; m I thence along o tune to the right whim has a central while of I� 01 o }8'Zt'08 a radius of 1660.00feet t feel, and n thechardWest of which bean North 3. All liquid and solid wastes (as defined in th.5. Solid Wastes w +a tfl / ¢ — °�/ Disposal Sites and Facilities Act, 30-20-100.5. GR.S.) shall be 0 ]8'26'33"West, 1101.02 to a point an line of South / M scored one removed for final disposal 'n a manner thatprotects IS� � / e� southwest one-Quarter feet to Section Thirty(30): thence, scum against surface and groundwater contamination. )e�W( try a / ,p2 rEt 00'04'30" East, 835.96 to the True Point of Beginning. /1I O COUNTY ROAD 40 C' / ore more or 4. No permanent disposal of wastes shall be permitted at this site. Ife1^,1 rl Ok The above—described tract contains 497 a less, including ^. Ot I // RThis is not meant to Include those wastes specifically excluded A� rights—of—s5 along the Westerly side y of sale tract for Weld County Road Cei MILL ale'N/ 13, and is subject to rights—of—war as mar now exist or as recorded m from the definition or a satin waste in the Solid Wastes Disposal 7 M ai LAKE �p//H/ �I m¢ records of wale County. Site am Facilities Ad, 30-20-1 00.5 C.R.S. F�y a W �i // 5. Waste materials shall be handled, sorted, and disposed a GENERAL NOTES amended in a manner that coevals fugitive dust fugitive O Fqg / �//�; 1 1. Rights—of—Way, Easements and Property Descriptions hos been orrfurnished particulate emissions, blowhg debris, and other potential nuisance MFRS M - // �I toRecorded ill Land Surveying. Inc. by the client as recorded by Corrected conditions. xrENTICN 01 , ' Associates. Exemption No. 1059-3°93—RE-2838 as prepared by Nles and 6. Fugitive dust and fugitive particulate shall be controlled on this B ? — — / rT" Associates. Inc dated 07/13/01 eption a Job Na: Shultz-0101 and recorded site, B with Weld county at Reception Number 2920487 on 01/292002. „ee3bo.., 7, The facility shall adhere to the maximum permissible noise levels i NAD 83 POSITION DATA: allowed the Residential Zone District as delineated in Section 25-12-103, C.R.S. Center of tower: uW' Latitude — N 48 16' 50.76367' 8. Bottled water shall be utilized for drinking and hand washing is za ,m' Longitude = W 104' 56' 26" during construction on the monopole. Elevation = 4949.18 at center base of proposed tower a US STATE PLANE 1983, ZONE: COLORADO NORTH. COORDINATE DATA: 9. Adequate construction (port—o—potty) shall be provided during f' the ate ton the monopole. �'°'w"="s"^^"w"'^'� w win Center of Tower: 10. Effective January 1 2003 Building Permits issued on the S. NORTH East ng c 3.156.039.486 proposed lots will b9 ZfiZoititiVe the County Rood Impact Pro to adhere to the fee structure of �i I BASIS OF BEARINGS gam K--- � a *SS EAST Bass of Bearings: The West line of S 6th sl Ouorter of Section it. The property owner shall allow any mineral owner the rent of p \ ingress or egress for the purposes of rni eal'on anti '� St a of 4 is Range 67 West of the 00 P.M. County of Weld. Stole 01 Coloradomad to bear North 980430' East as completion, pl 1 re—entry,or future on and maintenancelocted B monemented by this opera<ms associated with existing or future overatione located an seae Mrw senor I SOUTHr- these Iona I'v ,I f 7 CI, ao SYMBOL LEGEND. 12 The property or operolor shall be responsible for w'r SCALE_,L, 1"=100' • Did not find et, per clients request. ounty C N the Design standards of Section 23-2-240, Weld county code. chontw Set 1/2 Reber (16 long) w/ red plastic cop (LS 30462) 13. Theproperty owner or operator shall be responsible for .., !p @ corn num as C g section e.(ma enm8on shown). 3. n with the or Standards of Section for23-2-250, Weld e County, Code. w' 'P:Om '-;we,r" mace, CLIENT: PREPARED BY- 14. Personnel from the Weld County Government shall be granted o rip access onto the property at any reasonable time in order to n C. PILGRIM Corlder CAPGNS.INC. 4311 HIOfessicnals,Suit ensure the activities corned out on the property comply with the -'49 P IS Development Standards stated herein and all applicable Weld County C. (� w d coo Ran Crider LAN4311 y 66. Still 4 regulations. Z S 0 n..E_ 2450 Airport Road, G363 Longmont. Colorado 80504 — 3 8 Z Longmont, Colorado 80503 Office: 970-535-9318 15. The Use by Special Review area shall be limited to the plans � U C n•+ee0.w' Fax: 970-535-9854 shown hereon and governed by the foregoing standards and all 44 2 se":ur zt applicable Weld County regulations. Substantial changes from the Z I- ti o iI 1 Welearl peens Cr Development Standards as shown or stated shall require F Z - I wee uve approval of an amendment of the Permit by the Weld County d 4 F Board of County Commissioners before such changes from the j f7'r plans or Development Standards are permitted. Any other changes I- w Q t o t so,,.6„n shall be fled 'n the office of the Department of Planning Services. Q W L o +-.. • Ili. The property owner or operator shall be responsible for U O 02 w �((\( re, ore with all of me lore Development smnearaa w.urbu� ��/�\\\\ Smith fl l7' f and ewe may Noncompliance with f tnB filth Development Standards - w J• - \\\\\\ a q 1 r Sine m trim. p any 0 foregoing pmen Z w FS E n o-ew may be reason for revocation of the Perrot by line Beard of -p to 64.3404 Iects or J w County Commissioners. _ O 2 s LOT A - Fiction M I nP ee hereon ere m iOPOF TOWER.. A me em.«..e en tv f m.es.. \ Z 9. 0 3 z p aT2 App �(f Aawmonlwn°y N M t3. GROSS) o � tI. PLANNING COMMISSION CERTIFICATION O QT// W F U This is to certify that the Weld County Planning Commission, Weld County Colorado does hereby U LI- 2 confirm and adopt OS Site Specific Development Plan and Use 6y Sie.A I Review and Development t. _.... ., (o Standards os shown one described hereon this coy or '^/£PTo 20�L•�. Z LL 'aam a �� q �,'Q� z o i P�&q� �:'A0 r,T�¢la Co tyPlannng comm saipn o I� w'° BURIED tie COPPER d x 20'x20' COPPER IWRE O: SCREEN PROPEftiY OWNER'S CERTIFICATION Q O D / ....... e+•n the undersigned major propaRy owners) do hereby agree to the Site Specific velopmenf Plan and us r„ special Review Development standards as described hereon this for or p METING°R� / DRAWING NR St OR 47.6 E. S rm162 ay,ea I ATCENTIMOF TOWER o MM.uREVEL � =Lit W ie; o Briton nrerp.,a¢s mea t Gene Hood, Pilgrim 'moon INC. LOT R.CORRECTED (Not To Scale) �� W6 V I OF DWGS \ 7 / RE-252830 PILGRIM PUU Planner - - Item Comments Check Check Proper size and material 24"x 36" or 18"x 24"/Minimum 3 millimeter polyester sheet Lettering No stick-on lettering / Minimum 8 pt. lettering Boundaries of Lots Scale Suitable Scale?(1"=200'or 1"=100') ✓ Accesses indicated Shared Access?If so, is easement Certificate included?• Roads labeled,including R.O.W Building Envelope(s) �Y Vicinity Map Suitable Scale? (Minimum 1" =600') North Arrow legal Description Notes from Planner/ Development Standards Conditions of Approval Owner's Certificate Notarial Certificate included?All.owners must sign the plat, check the deed. Surveyor's Certificate and All surveyed plats Surveyor's Stamp Note:USR plats do not need to be surveyed Director of Planning Notarial Certificate included?(R E,SE, SPR,Final PUD if Certificate Staff Approved) Planning Commission. (USR, COZ,Minor Sub.Final) Certificate Board Certificate (USR, COZ„Minor Sub Final) w(p, (!inal PUD,RE, SE&ZPMH•I if Board approved) Typical Road Cross Section "OZ,Final Minor Sub. and Final PU[)) 4 �c /".) r ^^ Easements / ,t, O (_i4.>t-Mc`^' C f`i+ V Please return the plat to the CAD Technician within 24 hours of receiving the plat. 6(Planner on Call: —If (Initials) Planner Signature: Dale: .c ..-P u+.r-..'C 5. ,n.,.'a"•a+aa 'Y-. ..an.«- s-14' +a ,. ...a_ ...... (4Pk WELD COUNTY,COLORADO ' 4PARTMENT OF PLANNING SERVICES 4209 CR 24.5 LONGMONT,CO 80504 PHONE(720)6524210,Err.8730-FAx(720)652-4211 DATE: vl3i / 20�i RECEIPT 434 RECEIVED FROM: ('" ' 0 6 '. A AA c ' /1,,f NO. TYPE FEES 4221 -RE/SE 4221 -ZPMH 4221 USR 4221 -SITE PLAN REVIEW 4221 -COZ 4221 -PUD 4221 -SUBDIVISION 4221 -BOA 4221 -FHDP/GHDP 4430-MAPS/PUBLICATIONS 4430-POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE W) 6/ 974)-Y,‘: • misc. ❑ li CASH CHECK NO: -Sr 5 + S J TOTAL BY: aCL WHITE-CUSTOMER CANARY-FINANCE PINK-FILE • Page 1 of 1 Jacqueline Hatch From: Lauren Light [flight@agpros.com] Sent: Tuesday, April 13, 2004 1:18 PM To: Jacqueline Hatch Subject: RE: USR-1425 Pilgrim Communications. we have notified the applicant that they still need to record a mylar. So they know they need to do it but we haven't heard from them recently. Original Message From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us] Sent: Tuesday, April 13, 2004 11:14 AM To: Ilight@agpros.com Subject: USR-1425 Pilgrim Communications. Hello Lauren, I was going through the pending drawer at work and noticed that I haven't received the Mylar and the easement agreement for USR-1425. Any ideas on this one? Thanks, Jacqueline 04/13/2004 11111111111 IIIII 111111111111 II 11111111 III 11111 IIII IIII 3218367 09/13/2004 03:20P Weld County, CO 1 of 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorder GRANT OF EASEMENT AND AGREEMENT THIS AGREEMENT, made and entered into this ) F day of May, 2003, by and between SHULTZ FARM, INC. , a Colorado Corporation, the mailing address of which, for purposes of this Agreement, is 21475 Weld County Road 19, Milliken, Colorado 80543 ("Grantor") , Icici ( Nino Cc; i c-nfei ''( I ; i ion CI and -PILGRIM-COMMUNICATIONS; INC. , an -Indiana Corporation, the mailing address of which, for purposes of this Agreement, is 54 Monument Circle, Suite 250, Indianapolis, Indiana 46204 ("Grantee") . WITNESSETH: WHEREAS, Grantor owns the real property which is legally described on Exhibit "A" attached hereto and incorporated herein by reference (the "Easement Property") ; and WHEREAS, the Easement Property, which consists of approximately one and 21/100 (1 .21) acres, more or less , is located in Weld County, Colorado, and is depicted on Exhibit "B" attached hereto and incorporated herein by reference; and WHEREAS, Grantor desires to grant to Grantee, and Grantee desires to acquire from Grantor, a non-exclusive easement for the use of the Easement Property for the purposes hereinafter set forth. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows : PURPORTED COPy (HF&M 5/12/03) 1. Grantor hereby grants and conveys to Grantee, its successors and assigns, a non-exclusive antenna groundplane easement (the "Easement") over, across, and under the surface of the Easement Property. The Easement shall be subject to the following terms, conditions, and restrictions : A. The purpose of the Easement is to allow Grantee to install, use, and maintain underground copper pper antenna wiring (the d "Underground Wiring") within the Easement Property. o BUY B. All Underground Wiring shall be buried at a =0 g sufficient depth (in no event less than thirty [30] inches below o X32 the surface) to allow use of the surface by Grantor for agricultural purposes, including the operation of farm tractors and ground tilling equipment. However, Grantor shall not plant o 0 �o trees or install permanent improvements on the surface of the • Easement Property. —�°C ^n m C. The Easement shall be for a term of fifty (50) years, commencing on the date of this Agreement. D. All trenches and excavations made in the installation or maintenance of the Underground Wiring shall be properly backfilled and compacted. E. Whenever Grantee or its agents enter upon the Easement Property for any of the purposes authorized by this Agreement, Grantee shall restore the Easement Property to substantially the same condition as it was prior to the exercise of any such rights . (HF&M 5/12/03) - 2 - F. All costs and expenses attributable to the installation and maintenance of the Underground Wiring shall be Grantee' s sole responsibility. 2 . Grantee hereby agrees to indemnify and hold Grantor harmless from and against any and all liabilities, losses, damages, costs, and expenses, including reasonable attorneys' E fees, which Grantor may suffer as a result of claims, demands, costs, expenses, and damages, including crop damages, arising out a of Grantee' s use of the Easement Property. �� a a 3 . In full and complete settlement of crop damages for the Ee initial installation of the Underground Wiring, Grantee shall pay MOM d: mim.Na to Grantor, prior to commencement of actual installation of the ac - Underground Wiring, the sum of Six Thousand Dollars ($6, 000 . 00) . c� a N c 4 . In the event either of the respective P parties hereto o,i shall default in any of its covenants or obligations herein ,00 n —cam provided, and the party not in default commences legal or CO, �N equitable action against the defaulting party, the defaulting party expressly agrees to pay all reasonable expenses of said litigation, including a reasonable sum for attorneys' fees . 5 . All provisions of this Agreement, including the benefits and burdens hereof, shall be deemed to run with the Easement Property, and shall be binding upon and inure to the benefit of the heirs, personal representatives, successors, and assigns of the parties hereto. (HF&M 5/12/03) - 3 - IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. SHULTZ FARM, INC. , a C lorado Corporation By ltp( (--v V itill---- ) 7 ma Steven E. Shu tz, 'resident a c o "Grantor" -a. o n — = GLcb n I DbriFh)Lu U -Gn4, xw 6J V a a INC. . �3. an Iadi-ana Corporation FLa,,;rJ la o' N BY ii(. IiZ —mac a c fey /c :,.t. (Title) laQoc a o N "Grantee" _r`c am a o ¢ a —con co aCO� la N ---OJQ (HF&M 5/12/03) - 4 - STATE OF COLORADO 111111111111111111111111111111111111111III11111ICIII ss 3218367 09/13/2004 03:20P Weld County, CO COUNTY OF ) 5 of 7 R 36.00 D 0.00 Steve Moreno Clerk& Recorder 1 ( r.,LThe foregoing instrument was acknowledged before me this day of May, 2003 , by Steven E. Shultz, as President of SHULTZ FARM, INC. , a Colorado Corporation. WITNESS my hand and official seal . My commission expires : 7 ib,olc— A Notar Public STATE OF COLORADO` ) COUNTY OF P�1ot )) ss . \he foregoing instrument was acknowledged before me this �O day of May, 2003, by as of , INC. , an Indiana Corporation. Cyobo! A171.g,,,C;,� r—Intlf ,=_, -a,c F Le “tc— WITNESS my hand and official seal . My commission expires: T\p .D� No yAPubl c (HF&M 5/12/03) - 5 - EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE GRANT OF EASEMENT AND AGREEMENT BETWEEN SHULTZ FARM, INC. ("GRANTOR") AND PILGRIM COMMUNICATIONS, INC. ("GRANTEE") LEGAL DESCRIPTION OF THE EASEMENT PROPERTY ilia 41 That portion of Lot C of Corrected Recorded Exemption === o No . 1059-30-3-RE-2838, Weld County, Colorado, located _� in the Southwest Quarter of Section 30, Township 4ce mum—OY North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado, being more particularly described as CCU follows : ��d Considering the West line of the Southwest Quarter of said Section 30 as bearing South 00°04' 30" East and Mal o d with all bearings contained herein relative thereto: C.1 "IMEN2.o Beginning at the Northwest corner of the SouthwestUna sae Quarter of said Section 30 ; thence along the West line o of the Southwest Quarter of said Section 30 South 00°04' 30" East 822 . 89 feet, more or less, to the mar Northwest corner of Lot A of said Corrected Recorded Ian o� Exemption No . 1059-30-3-RE-2838, said point being on a n. non-tangent curve concave to the Northeast having a ammrg central angle of 15°18' 45" and a radius of `" 1660 . 00 feet, the long chord of which bears South 26°43 ' 52" East a distance of 442 . 33 feet; thence departing said West line and along the Northeasterly line of said Lot A and Southeasterly along the arc of said curve 443 . 64 feet, more or less, to a point on a non-tangent curve concave to the Southwest having a central angle of 139 °05' 18" and a radius of 234 . 00 feet, the long chord of which bears South 41°58' 37" East a distance of 438 .49 feet, said point being the TRUE POINT OF BEGINNING, thence departing said Northeasterly line and Southeasterly along the arc of said curve 568 . 05 feet, more or less, to a point on the Northeasterly line of said Lot A, said point being on a curve concave to the Northeast having a central angle of 15°10' 45" and a radius of 1660 . 00 feet, the long chord of which bears North 41°58' 37" West a distance of 438 . 49 feet; thence Northwesterly along the arc of said curve 439 .77 feet, more or less, to the TRUE POINT OF BEGINNING. (Vacant land, no street address assigned) (WP 5/12/03) - 6 - MINI) Aukcn? ENE' BETWEEN SHULTZ FARM, INC . ("GRANTOR" ) AND PILGRIM COMMUNICATIONS, INC. ( "GRANTEE" ) DEPICTION OF EASEMENT FOR GROi1NDPLANE ANTENNA Qi Itl S.c b-4—fi) a. -O g'1 I Lot C of Corrected Recorded Exemption No. 1059-30-3-RE-2838 o°C :12I a ea ate _ gam I I Sao 32 a c �O3 D=15'16'45" �j I R=1660.00 a O L=443.54' a C C=526'43.57E 442.33' X00 —mopp aOf" tc O a co O ��n ANTENNA GR0U N0PLANE EASEMENT 92,]EE e0r6F D=13905.16' R=2]4.00' 1RINx0.0 / L=566.05' — 0'uw> \ C=541'56'32'E P...mlln lI .!` �'.�L � 436.49' 60 00•C..Iy Raoa ...4_ / [/ RING—a—w.Y 1 I % 1 I l i l l ` 1 .I, All. / '� \ .1 1 I j 1 1 / i L Ol\ i • IY / 4 97 P AGreS ' 1I�, qq (A (GROSS) -\�L Lcti W y Ra. ..T.IN- ^Y a C - III II e I a, /1011'11 .. 7 flm m1.p nun.a \ �'�i / .l'1 Ili , n wea.4,ownd mvu I i Ilil 11 / '' i I I I I 1 BUIIONy ``1 � I i ' lN�t//✓ �/ 20 02 i I ' ` I 597.47.19"E 693.95' L I • • RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION Moved by Stephen Mokray, along with the addition of 2 B 3, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1425 APPLICANT: Pilgrim Communications Inc. & Global American Enterprises Inc. PLANNER: Jacqueline Hatch LEGAL DESCRIPTION: Lot A. RE-2838; part SW4 Section 30, T4N, R67W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and Use by Special Review for a Major Facility of a Public Utility (199 foot Monopole Antenna Tower) in the (A) Agricultural Zone District. LOCATION: East of and adjacent to CR 13; South of CR 42. The Planning Commission approves this request for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 and Section 23-2-360 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-400 and Section 23-2-220 of the Weld County Code as follows: a. Section 23-2-400.A. -- Reasonable efforts have been made to avoid irrigated crop land or to minimize the impacts on such lands in those cases where avoidance is impractical. The proposed facility is located in an area designated as"Other" land according to the 1979 Important Farmlands of Weld County Map. b. Section 23-2-400.B. --The facility will not have an undue adverse effect on existing and future development of the surrounding area as set forth in applicable Master Plans. The Town of Milliken indicated no conflicts with their interests in the referral response dated March 28, 2003. The Town of Mead indicated no conflicts with their interests in the referral response dated April 24, 2003. The Town of Johnstown indicated no conflicts with their interests in a phone conversation on May 9, 2003. No referral was received from the Town of Berthoud indicating no conflicts with their interests. c. Section 23-2-400.C. --The design of the proposed facility mitigates negative impacts on the surrounding area to the greatest extent feasible. d. Section 23-2-400.D. --The site shall be maintained in such a manner so as to control soil erosion, dust, and the growth of noxious weeds. The Conditions of Approval and Development Standards will assure that there is no fugitive dust or erosion and will ensure the control of noxious weeds. e. Section 23-2-400.E. --The applicant has agreed to implement any reasonable measures deemed necessary by the Planning Commission to ensure that the health, safety, and welfare of the inhabitants of Weld County will be protected and to mitigate or minimize any potential adverse impacts from the proposed facility. f. Section 23-2-400.F. --All reasonable steps have been taken by the applicant to minimize negative impacts on agricultural uses and lands. The proposal will not require additional water demands on the site. The proposed facility will be unmanned and will not require water or sewage disposal. The Conditions of Approval and Development Standards minimize negative impacts on the existing agricultural uses and lands of the area. EXHIBIT 1 7 • • Resolution USR-1425 Pilgrim Communications Page 2 g. Section 23-2-400.G. --All reasonable alternatives to the proposal have been adequately assessed and the proposed action is consistent with the best interests of the people of Weld County and represents a balanced use of resources in the affected area. The applicants existing broadcast tower is to be removed to make way for a new road. Ronald Crider for Global American Enterprise indicated in a letter to Weld County that several existing AM radiator towers were looked at for co-location purposes. These sites were: KHNC's tower, 1360 kHz, licensed to Johnstown and located 7.53 miles north east, KSXT's tower, 1570 kHz, licensed to Loveland and is located 11.28 miles north west, and a proposed tower, 1250 kHz, located 4.81 miles north east. According to Global American Enterprise, the other AM towers would not be electrically compatible with their frequency of 1060 kHz. There are numerous towers located within 10 miles of the proposed tower site however they are not designed as AM radiators. As a result of this, the applicant is proposing to construct a new tower. The applicant has indicated that this facility can be used as a co-location site. h. Section 23-2-400.H. --This application will create limited, if any, demand for additional government services. Section 23-2-400.1. --The Conditions of Approval and Development Standards will ensure that the nature and location of the facility will meet Colorado Department of Health and Weld County air quality standards. j. Section 23-2-400.J. -- The applicant has stated that the equipment building will require electricity. The approximate location of the equipment building has been illustrated on the site plan. k. Section 23-2-400.K. --The nature and location or expansion of the facility will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, historic landmark or archaeological sites within the affected area. There will be no significant impact on wildlife habitat. The Division of Wildlife indicated that they had no concerns with the project in a phone conversation on May 5, 2003. I. Section 23-2-400.L. --The proposed use will not significantly impact drainage of residential property, crop land or other land. m. Section 23-2-220.A.7 --The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. A recorded easement agreement between Lot C property owner and the applicant regarding the antenna groundplane easement, 1.21 +/-acres, 52786.60 square feet, shall be submitted. (Department of Planning Services) • S Resolution USR-1425 Pilgrim Communications Page 3 2. Prior to recording the plat: A. The plat shall be labeled USR-1425 (Department of Planning Services) B. The plat shall be amended to delineate the following: 1. The attached Development Standards. (Department of Planning Services) 2. Section 23-2-380.A.2 -- Maps shall be delineated in drawing ink on Mylar or other drafting media approved by the Department of Planning Services. The dimensions of the map shall be twenty-four (24) inches by thirty-six (36) inches. 3. Section 23-3-50—County Road 13 is designated as a major arterial road, which requires a 140-foot right-of-way at full build out. There is presently a 60-foot right-of-way. The applicant needs to reserve an additional 40-foot right-of-way for future build out for a total of 70 feet from the center line/section line. (Department of Public Works) C. The applicant shall provide a copy of the Federal Aviation Administration permit. D. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 3. Upon completion of 1. And 2. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maoseco.weld.co.us. (Department of Planning Services) 5. Prior to release of building permit: A. A plan review is required for each structure. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two plot plans are required when applying for the permit. (Department of Building Inspection) 6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) • • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Pilgrim Communications, Inc. &Global American Enterprises, Inc. USR-1425 1. A Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility (199 foot Monopole Antenna Tower) in the (A) Agricultural Zone District. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All I iquid a nd solid wastes (as d efined i n the Solid Wastes D isposal S ites a nd F acilities A ct, 30-20-100.5,C.R.S.)shall be stored and removed forfinal disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Site and Facilities Act,30-20-100.5 C.R.S.as amended(Department of Public Health and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions,blowing debris,and other potential nuisance conditions.(Department of Public Health and Environment) 6. Fugitive dust and fugitive particulate shall be controlled on this site. (Department of Public Health and Environment) 7. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment) 8. Bottled water shall be utilized for drinking and hand washing during construction on the monopole. (Department of Public Health and Environment) 9. Adequate toilet facilities (port-a-potty)shall be provided during the construction on the monopole. (Department of Public Health and Environment) 10. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 11. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of exploration development, completion, recompletion, re-entry, production and maintenance operations associated with existing or future operations located on these lands. (Department of Planning Services) 12. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 13. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 14. Personnel from the Weld County Government shall be granted access onto the property at any reasonable time i n order t o ensure the a ctivities carried out o n the property comply with the Development Standards stated herein and all applicable Weld County regulations. Resolution USR-1425 Pilgrim Communications Page 2 15. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 16. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit. Motion seconded by John Folsom. VOTE: For Passage Against Passage Absent Michael Miller Bryant Gimlin James Rohn Fred Walker Stephan Mokray John Folsom Bernie Ruesgen John Hutson The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case to serve e as a permanent record of these proceedings. C\--11ok(fet Michael Miller, Chair Weld County Planning Commission • INVENTORY OF ITEMS FOR CONSIDERATION Applicant Pilgrim Communications, Inc. & Case Number USR-1425 Global American Enterprises, Inc. Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form X Letter to Applicant X Affadavit of sign posting X Legal Notifications X 2 Application X Maps X Deed/Easement Certificate X Surrounding Property/Mineral Owners X Utilities X 3 Referral List X Referrals without comment X Colorado Geological Survey, referral received 4/28/2003 X Town of Mead, referral received 4/2/2003 X Colorado Department of Transportation, referral received 4/10/2003 X Weld County School District(RE-5J), referral received 4/17/2003 X Town of Milliken, referral received 4/2/2003 X Weld County Zoning Compliance, referral received 4/1/2003 X 4 Referrals with comments X Weld County Department of Public Health and Environment, referral received X 4/28/2003 Weld County Department of Building Inspection, referral received 4/21/2003 X Federal Aviation Administration, referral received 3/31/2003 X Department of Public Works, referral received 5/05/2003 X 5 Surrounding Property Owners- Letters 6 PC Exhibits 7 Planning Commission Resolution I hereby certify that the twelve items identified herein were submitted to the Department of Planning Services at or prior to the sch Board of ounty Commissioners hearing. 8L hC Jacqueline Hatch O Planner hiDe LANDAPPLICATION SUMMARY SHEET COLORADO Case Number: USR-1425 Hearing Date: May 20, 2003 Applicant: Pilgrim Communications, Inc. & Global American Enterprises, Inc. Address: LANDPROfessionals, LLC do Lauren Light, 4311 Highway 66, Suite 4 Longmont, CO 80504 Request: A Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility (199 foot Monopole Antenna Tower) in the A (Agricultural) Zone District. Legal Description: Lot A, RE-2838; Pt. SW4 Section 30, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado Location: East of and adjacent to Weld County Road 13 and 1/2 a mile South of Weld County Road 42 Size of Parcel: +/- 4.9 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 and Section 23-2- 340 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: • Weld County Zoning Compliance, referral received 4/01/2003 • Weld County Department of Public Health and Environment, referral received 4/28/2003 • Weld County Department of Building Inspection, referral received 4/21/2003 • Weld County School District RE-5J, referral received 4/17/2003 • Federal Aviation Administration, referral received 3/31/2003 • Geological Survey, referral received 2/28/2003 • Colorado Department of Transportation, referral received 4/10/2003 • Colorado Division of Wildlife, phone referral received 5/05/2003 • Department of Public Works, referral received 5/05/2003 • Town of Mead, referral received 4/24/2003 • Town of Milliken, referral received 3/28/2003 • Town of Johnstown, phone referral received 05/09/2003 USR-1425 Pilgrim Communications 1 EXHIBIT The Department of Planning Services staff has not received responses from the following agencies: • Federal Communication Commission • Johnstown Fire Protection District • Town of Berthoud • Big Thompson Soil Conservation District USR-1425 Pilgrim Communications 2 46 SPECIAL REVIEW PERMIT t 1 ADMINISTRATIVE REVIEW WIDc. COLORADO Planner: Jacqueline Hatch Case Number: USR-1425 Hearing Date: May 20, 2003 Applicant: Pilgrim Communications, Inc. & Global American Enterprises, Inc. Address: LANDPROfessionals, LLC do Lauren Light 4311 Highway 66, Suite 4 Longmont, CO 80504 Request: A Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility (199 foot Monopole Antenna Tower) in the (A) Agricultural Zone District Legal Description: Lot A, RE-2838; Pt, SW4 Section 30, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado Location: East of and adjacent to Weld County Road 13 and '/ a mile south of Weld County Road 42 Parcel Size: 4.9 +/- acres Parcel Number: 1059 30 000040 THE DEPARTMENT OF PLANNING SERVICES'STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23- 2-260 and Section 23-2-360 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-400 and Section 23-2-220 of the Weld County Code as follows: a. Section 23-2-400.A. -- Reasonable efforts have been made to avoid irrigated crop land or to minimize the impacts on such lands in those cases where avoidance is USR-1425 Pilgrim Communications 3 impractical. The proposed facility is located in an area designated as "Other" land according to the 1979 Important Farmlands of Weld County Map. b. Section 23-2-400.B. --The facility will not have an undue adverse effect on existing and future development of the surrounding area as set forth in applicable Master Plans. The Town of Milliken indicated no conflicts with their interests in the referral response dated March 28,2003. The Town of Mead indicated no conflicts with their interests in the referral response dated April 24, 2003. The Town of Johnstown indicated no conflicts with their interests in a phone conversation on May 9, 2003. No referral was received from the Town of Berthoud indicating no conflicts with their interests. c. Section 23-2-400.C. -- The design of the proposed facility mitigates negative impacts on the surrounding area to the greatest extent feasible. d. Section 23-2-400.D. -- The site shall be maintained in such a manner so as to control soil erosion, dust, and the growth of noxious weeds. The Conditions of Approval and Development Standards will assure that there is no fugitive dust or erosion and will ensure the control of noxious weeds. e. Section 23-2-400.E. -- The applicant has agreed to implement any reasonable measures deemed necessary by the Planning Commission to ensure that the health, safety, and welfare of the inhabitants of Weld County will be protected and to mitigate or minimize any potential adverse impacts from the proposed facility. f. Section 23-2-400.F. -- All reasonable steps have been taken by the applicant to minimize negative impacts on agricultural uses and lands. The proposal will not require additional water demands on the site. The proposed facility will be unmanned and will not require water or sewage disposal. The Conditions of Approval and Development Standards minimize negative impacts on the existing agricultural uses and lands of the area. g. Section 23-2-400.G. -- All reasonable alternatives to the proposal have been adequately assessed and the proposed action is consistent with the best interests of the people of Weld County and represents a balanced use of resources in the affected area. The applicants existing broadcast tower is to be removed to make way for a new road. Ronald Crider for Global American Enterprise indicated in a letter to Weld County that several existing AM radiator towers were looked at for co-location purposes. These sites were: KHNC's tower, 1360 kHz, licensed to Johnstown and located 7.53 miles north east, KSXT's tower, 1570 kHz, licensed to Loveland and is located 11.28 miles north west, and a proposed tower, 1250 kHz, located 4.81 miles north east. According to Global American Enterprise, the other AM towers would not be electrically compatible with their frequency of 1060 kHz. There are numerous towers located within 10 miles of the proposed tower site however they are not designed as AM radiators. As a result of this, the applicant is proposing to construct a new tower. The applicant has indicated that this facility can be used as a co-location site. USR-1425 Pilgrim Communications 4 h. Section 23-2-400.H. -- This application will create limited, if any, demand for additional government services. Section 23-2-400.1. --The Conditions of Approval and Development Standards will ensure that the nature and location of the facility will meet Colorado Department of Health and Weld County air quality standards. j. Section 23-2-400.J. -- The applicant has stated that the equipment building will require electricity. The approximate location of the equipment building has been illustrated on the site plan. k. Section 23-2-400.K. -- The nature and location or expansion of the facility will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, historic landmark or archaeological sites within the affected area. There will be no significant impact on wildlife habitat. The Division of Wildlife indicated that they had no concerns with the project in a phone conversation on May 5, 2003. Section 23-2-400.L. -- The proposed use will not significantly impact drainage of residential property, crop land or other land. m. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. A recorded easement agreement between Lot C property owner and the applicant regarding the antenna groundplane easement, 1.21 +/-acres, 52786.60 square feet, shall be submitted. (Department of Planning Services) 2. Prior to recording the plat: A. The plat shall be labeled USR-1425 (Department of Planning Services) B. The plat shall be amended to delineate the following: 1. The attached Development Standards. (Department of Planning Services) 2. Section 23-2-380.A.2-- Maps shall be delineated in drawing ink on Mylar or other drafting media approved by the Department of Planning Services. The dimensions of the map shall be twenty-four (24) inches by thirty-six (36) inches. USR-1425 Pilgrim Communications 5 • • 3. Section 23-3-50 — County Road 13 is designated as a major arterial road, which requires a 140-foot right-of-way at full build out. There is presently a 60-foot right-of-way. The applicant needs to reserve an additional 40-foot right-of-way for future build out. (Department of Public Works) C. The applicant shall provide a copy of the Federal Aviation Administration permit. D. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 3. Upon completion of 1. And 2. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2- 260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to mapso(�.co.weld.co.us. (Department of Planning Services) 5. Prior to release of building permit: A. A plan review is required for each structure. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two plot plans are required when applying for the permit. (Department of Building Inspection) 6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) USR-1425 Pilgrim Communications 6 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Pilgrim Communications, Inc. & Global American Enterprises, Inc. USR-1425 1. A Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility (199 foot Monopole Antenna Tower) in the (A) Agricultural Zone District. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. No permanent disposal of wastes shall be permitted at this site.This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Site and Facilities Act, 30-20-100.5 C.R.S. as amended (Department of Public Health and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions. (Department of Public Health and Environment) 6. Fugitive dust and fugitive particulate shall be controlled on this site. (Department of Public Health and Environment) 7. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone District as delineated in 25-12-103, C.R.S. (Department of Public Health and Environment) 8. Bottled water shall be utilized for drinking and hand washing during construction on the monopole. (Department of Public Health and Environment) 9. Adequate toilet facilities (port-a-potty) shall be provided during the construction on the monopole. (Department of Public Health and Environment) 10. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 11. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of exploration development, completion, recompletion, re-entry, production and maintenance operations associated with existing or future operations located on these lands. (Department of Planning Services) USR-1425 Pilgrim Communications 7 12. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 13. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 14. Personnel from the Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 15. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 16. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit. USR-1425 Pilgrim Communications 8 Jacqueline Hatch - RE: AM Monopole To. Page 1 From: "Lauren Light" <Ilight@agpros.com> To: "'Jacqueline Hatch' <JHatch@co.weld.co.us> Date: 5/2/03 1:21 PM Subject: RE: AM Monopole Tower Hi Jacqueline, Heres answers to your question regarding the tower. 1. Pilgrim Communications has Lot A under contract to purchase. I have a copy of the contract I can let you have. Shultz Farms owns Lot C and their attorney is working on the easement agreement. That could be a condition prior to recording to provide a copy of the easement. 2. Only utility needed is eletricity. 3. Exact location of the electric line will not be known until the building plans are completed. Since it is located on their property I don't think it needs to be on the USR plat as its no different then running a line to any structure like a house or barn. Anyway just let me know what you want to see on the plat and we will try and accomodate you. I can either fax the contract info. to you or drop off to you on Tuesday when I am up there for Planning Commission. That way we could meet in person also. Let me know what would work for you. Thanks Lauren --- Original Message--- To: From: "Jacqueline Hatch" Sent: 5/02/2003 11:09AM Subject: AM Monopole Tower >> Lauren, >> Good afternoon » I have a couple quick questions for you. » 1. Does Pilgram Communications and Global American Enterprises own Lot A or are >> they leasing the property. If they own the 4.9 acres then we would need a recorded » easement agreement with Lot C. If they are leasing the land then we would need a >> copy of the lease agreement including the easement agreement. » 2. Is electricity or any other utility needed for the proposal? >> 3. Will there be a connection between the equipment building and the tower » (underground)? >> Number 2 &3 above need to be shown on the plat and can be done as a condition of >> approval. I would appreciate a written description regarding the utilities and a copy of >> the lease/easement agreement by Friday, May 9th. >>Thank you for your time on this matter, >> Jacqueline Hatch CC: <Ilight@agpros.com> Jacqueline Hatch - radio tower Page 1 From: "Lauren Light" <Ilight@agpros.com> To: <cgathman@co.weld.co.us> Date: 4/30/03 1:31 PM Subject: radio tower Hi Christopher, again, sorry I dont have Jacqulines email and I cant spell her name right anyway i guess she was wondering why we couldnt locate on one of the structures in the area i talked to ron and he said that AM radio towers use the whole tower as an antenna not just for a supporting structure like a cellular tower does so they cant locate on any structures as they need the tower structure for an antenna hope this clears any questions up CC: <Ilight@agpros.com> ": ;:+::56ffs�TY�1#0Y xsy'ga' ".:x/n vry:»Y3:"•`n"':'?r!tyy�?rY;;a{I„x.. i;r: �:.:al.aypv;,s:k� .ly:b:. /. ;.,mJ,..:9.::, :#a;r..�v,�ti�t�e� ..;. . +�+,� <,.a:x�..;?.n,.,:Ass, s�W fro. fm.n. �'?ha:.;„;>f c<•Y:;v: .,,g'u3v.�f?st<i>sim.., gag ,lF,4jidln: �.:.r. >:.Uh^.#; El:+ey. 7: KJa. >.1�!3'f:Yk�J. r �nn�#n.lka.x ;..$,.?ey ...ys,'l.».: .n*i;+;a+::u.r..:.,i ::. a .. .f :. .. .. ff :Y:s, +�i�:6 /.., r ��"4 b"' r:a.Pr#n;.'�;.,:::!.,.#} ,�{ .d. i:V:p:rtu F:3•e,13#i S�.n�{•»,.y@,i. »'r..3:,�/,'�,;a„,r^<`.r,'n.:,f!:.>j�n 'Gti�. #.ai:»GR;,rS;ar.:o:'. 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PHONE (970)353-6100, EXT.3540 FAX (97(970) 3004-6498 1555 N. 17TH AVENUE COLORADO GREELEY, COLORADO 80631 March 28, 2003 Pilgrim Communications Inc. &Global American Enterprises Inc. do LANDPROfessionals LLC ATTN: Lauren Light 4311 Hwy 66, Suite 4 Longmont, CO 80504 Subject: USR-1425- Request for a Site Specific Development Plan and Use by Special Review for a Major Facility of a Public Utility(199 foot Monopole Antenna Tower)in the(A)Agricultural Zone District on a parcel of land described as Lot A. RE-2838; part SW4 Section 30,T4N, R67W of the 6th P.M.,Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for May 20,2003,at 1:30 p.m. This meeting will take place at the Southwest Weld County Complex, 4209 CR 24 ''/3, Longmont, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. It is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute,C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Berthoud, Johnstown, Mead and Milliken Planning Commission for their review and comments. Please call Berthoud at(970)532-3754,Johnstown at(970)587-4664, Mead at(970)535- 4477, and Milliken at (970) 587-4331, for further details regarding the date, time, and place of this meeting. It is recommended that you and/ora representative be in attendance at the Berthoud,Johnstown,Mead and Milliken Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum often days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive)intersects a publicly maintained road right-of-way. The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, � U✓Yy l� Lance Unverzagt Planner 1 1 • • PLANNING COMMISSION SIGN POSTING CERTIFICATE - - THE LAST DAY TO POST THE SIGN IS: ///.A j /0 , 1 003 . THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. • I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR USR- j15.5 THE SIGN WAS POSTED BY: ---c (/I JActwa ,N� 1 'M-tl} NAME OF PERSON POSTING SIGN f GNATURE FOR PERSON POSTING SIGN STATE OF COLORADO) )ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS / 3 DAY OF Jf9 n..� BILLIE J. MOORE r NOTARY PUBLIC ,� STATE OF COLORADO }��NOOTARY PUBLIC MY COMMISSION EXPIRES: /0-,9, /(/)IJIJ`9 THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE. A' . 7. y'r ili Di:f I it lg I. ii ell \\___ _ vitiV a is i 4la.i•- ��.► .2695 01 - - ,0. dka Jear i: a, ► 1 ,l • It -4 , t • • 4. . Y li PI • III • 0 ₹ 4- 4 iii .. .. ,.., „,i- . , , ..., 1 ° 4 fin*: .yy: • ,, .f...„,... . . I, ..N. - ., 4 4,,, X11 . .... IFA-.14-let P P � '..,, III "II Y9 ` t iilliV i t.:• // ` f 1 . • • 10, 11,ill . • ,.. ,.1 li V ., . ..•... 1` £, ` i • , A$aaY Yffi, ai• x71. x , • 1. -I 49I —. .• o isiT a .m�.a. 5•;;.3,P.££ f I • __ ¢jW �• _-_..�_. _ _ Y. _ _ - `;mo=w. •` •7tL - +•w�- -- - t•i••••• •I • • - • • ,x ; I P. wv xav • • al .spa"" • • .. • :• ' • min I,I.,wRosti'srt ar--r•-•- • ' . or. ..4 441 raj!."Scat'?tilts*,amparassaP01.01,Milial•See e**4 - k' i FIELD CHECK Inspection date: April 7, 2003 CASE NUMBER: USR-1425 APPLICANT: Pilgrim Communications LEGAL DESCRIPTION: Lot A, RE-2838; Pt. SW4 30-4-67 LOCATION: East of and adjacent to CR 13; south of CR 42 Zoning Land Use N A (Agricultural) N Agricultural/2000 hd Dairy E A (Agricultural) E Agricultural S A (Agricultural) S Agricultural/proposed subdivision W A (Agricultural) W Agricultural/rural residence COMMENTS: The site is a 5 acre pivot corner that is undeveloped tilled land that has no improvements. The new subdivision Hill Lake Estates was approved on the parcel to the south and east of the site. The Great Western Railroad runs NE/SW approximately a quarter mile east of the site. USR-1258 approved for a 2000 head dairy is located approximately a mile north of the site. There are two rural residences with various outbuildings located adjacent to the site on the south and west sides. l�t Lance Unverzagt, Pla n r f „ .::e,.,,l"C^NM4WGAf +tN ,frsxny.,:.,yftn!iM! ffffifpplM ,u r..vryu X:4YN!1ff,M'IfnRX APPLICATION LONG FLOW SHEET O .. ,.,.. .;. .,,.,�. „_.....f.».•,.ennnneeux muf,.,., .,. .. .f,,.y. ,__,,xx!f«.•.,»w..,. nnJtxnlnmm�wn nnlnf+uf.r, COLORADO APPLICANT: Pilgrim Communications, Inc. & CASE#: USR-1425 Global American Enterprises, Inc. REQUEST: A Site Specific Development Plan and Use by Special Review for a Major Facility of a Public Utility(199 foot Monopole Antenna Tower) in the Agricultural Zone District. LEGAL: Lot A, RE-2838; Pt. SW4 Section 30, T4N, R67W of the 6th P.M., Weld County, CO LOCATION: East of and adjacent to Weld County Road 13 and south of Weld County Road 42 PARCEL ID #: 1059 30 000040 ACRES: 4.9+/- To be completed by Planner: Date By Application Received 3-27-03 LU PC Hearing Actio 5-20-03`) �Q ' Y"r{• LU sue' C.1 Curnf-�i h Utility Board Date Design Review Date Application Complete and Sent to Office Tech 3-28-03 LU PC Sign to be Posted By: 5-9-03 Field Check and Sign Posted CC Hearing Action: - --� CC Sign to be Posted By: CC Sign Posted � - To be completed by Office Tech: Date (Sent) Date (Due) By Referrals 4-. 1. .03 !� Certified Mail to: Letter to Applicant Lt . I. b?) it) Chaindexed t ,(I') Surrounding Property/Mineral Owners Notified 4 t ,Uj T Date Legal Notice Sent to County Newspaper Date Legal Notice to be Published in County Newspaper File Completed and given to Planner To be completed by CAD Tech: Date Plat Recorded and Filed 9�3 Gy c Overlay Districts Zoning Agricultural Geologic Yes No_X_ Airport Yes No_X Flood Hazard Yes No_X_ Panel #080266 0750C Case# - (45ii` 114)1:7 Name - v.tr,„. Cann.v.,,<«.f;ci,s Legal Description - LI A M -- 3i Pr SWy ,c -'1 -‘1/ Case recieved 3 ---z-7 -63 UGB/ IGA- JUG Check: MUD - h'u Airport- VC) Geo Hazard - aid. Impact Fees - Case number LS&- i 147-� _ Add to case list I Zoning: p,!r:}l.A-c�; Original signature / 4 re_S ,,l,9\sctew` Referral list Short flow sheet . Start comments 'roperty Research & Deed Check Water N4,,c `l -_ - Septic N,,,t —�_ GIS Aerial / TO-Ccorr,,, 11:/) L A., • GIS Vicinity t/ la�Cr �� Field check ;/ — yA-1) Field check sheet L- ,.5}�rr5 f'Ltl? Finnish comments _ Staff USDA Soil Designation: Flood i rcNe 1 1° cr.-1 ;y _.— Plain: Oil & Gas j' : 1rrar�{-" �`,0 Ditches ,tip Businesses ⁢ Mobile Homes ,ti. a~ SLIC: �lZ'~ - 2$4 l ,' #' 1 X42., )S7Y,Zb Vie:ft tiLTi- ,i i�sr-i- Violations N. S-5`f, Uses on Site }\6, S-S40 Uses on Surrounding 2-S-1G • Ik _() 3 5 'VC, F :h.asp,- $h`f A-141 le(t te„rr, Zn.,(es 'N' COMMENTS: atiatiM 1104 .ECG hi.,. AN1 F-4., a kih-deo -i e;-tw£l9 resvr- 1(.ye -' H),rirQh' j y At, "i-rr-. AN57 `~ c,,..ns.,,.ia,Lo;s Improvements- Pim Accesses- j 4,,..41:16t. Aacs (,F4= Cif, t3 Permits- WELD COUNTY,COLORADO J; PARTMENT OF PLANNING SERVIC 4209 CR 24.5 LONGMONT,CO 80504 PHONE(720)652-4210,Exr.8730-FAX(720)652-4211 DATE: 3 - 2 RA I 20 03 RECEIPT 00219 RECEIVED FROM: lb hI 11k ,,r, r rt+,l,r,SP> jk,( NO. TYPE FEES 4221 -REISE 4221 -ZPMH 4221US 1 rt 1,, th, I ioj. Dd 4221 - ITE PLAN REVIEW 4221 -COZ 4221 -PUD 4221 -SUBDIVISION 4221 -BOA 4221 -FHDP/GHDP 4430-MAPS/PUBLICATIONS 4430-POSTAGE 4430-COPIES `730-INVESTIGATION FEE 6560-RECORDING FEE MISC. Wikwi O CASH O CHECK NO: 2 "7 TOTAL BY: WHITE-CUSTOMER CANARY-FINANCE PINK-FILE 3; 1 NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, May 20, 2003, at 1:30 p.m. for the purpose of considering a Site Specific Development Plan and Use by Special Review for a Major Facility of a Public Utility (199 foot Monopole Antenna Tower) in the (A) Agricultural Zone District for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. CASE NUMBER: USR-1425 APPLICANT: Pilgrim Communications Inc. & Global American Enterprises Inc. PLANNER: Lance Unverzagt LEGAL DESCRIPTION: Lot A. RE-2838; part SW4 Section 30, T4N, R67W of the 6th P.M., Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: Site Specific Development Plan and Use by Special Review for a Major Facility of a Public Utility (199 foot Monopole Antenna Tower) in the (A) Agricultural Zone District. LOCATION: East of and adjacent to CR 13; South of CR 42. SIZE: 4.9 acres, more or less. The public hearing will be held at the Southwest Weld County Complex, 4209 CR 24 ''/2, Longmont, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1555 N. 17th Avenue, Greeley, Colorado 80631, before the above date or presented at the public hearing on May 20, 2003. Copies of the application are available for public inspection in the Department of Planning Services, 1555 N. 17th Avenue, Greeley, Colorado 80631. Please call Donita May at(970)353-6100, Ext.3540, or Fax#(970) 304-6498, prior to the day E-1 ," ) r v '(II= ^ y of the hearing so that reasonable tf '₹--1 %j i rata—.. accommodations can be made if, in accordance with the Americans with ( 3 Disabilities Act, you require special J �c ) accommodations in order to participate in !J this hearing as a result of a disability. Michael Miller, Chair Weld County Planning Commission To be published in the South Weld Sun. To be published one (1) time by May 8, 2003. NOTICE OF PUBLIC NEARING STATE OF COLORADO ) The Weld County )S.S. Planning Commission will hold a public hearing on. COUNTY OF WELD ) Tuesday,May 20,2003.at 1:30 p.m.for the purpose of considering a Site Specific Ruth Pelton-Roby, as manager of Pelton DevelopmentPlan and Use by Special for a Publishing Company LLC, being duly Major Facility of av Public sworn, states that it is publisher of the Utility(199 foot Monopole Antenna Tower)in the(A) South Weld Sun, a weekly newspaper Agricultural Zone District published in Keenesburg in said County below.the property ribed the and State; that said newspaper has a request may cite a general circulation in said County and has vested property right veawntro Colorado Law. been continuously and uninterruptedly CASE NUMBER: LSR- published therein, during a period of at 1426 least fifty-two consecutive weeks prior to APPLICANT: Pilgrim the first publication of the annexed notice; communications Inc. & Global American that said newspaper is a newspaper Enterprises Inc. within the meaning of the act of the PLANNER: Lance General Assembly of the State of uovaroagt Colorado, entitled "An Act to regulate the LEGAL DESCRIPTION:Lot printing of legal notices and A. RE-2838: pan SW4 Section 30,T4N,R87W of advertisements" and amendments the 6tnP.M.,Weld County, • thereto; that the notice of which the Colorado. annexed is a printed copy taken from said TYPE AND INTENSITY OF newspaper, waspublished in said PROPOSED USE: Site n pedilcl3evelopmemPlen newspaper, and in the regular and entire and Use by Special Revfew for a Major Facility of a issue of every number thereof, once a Public Utility (199 foot week for 1 successive weeks; that Monopole Antenna Town in a) Antenn,al Zone said notice was so published in said District newspaper proper and not in any LOCATION: East of and supplement thereof, and that the first adjacentto CR 13:Southof publication of said notice as aforesaid, CR 42. was on, the _g_day of SIZE: 4.a acres,more or A 2003, and the last The public hearing will be 4209 CR on the day of County Complex,2003. 2449,Longmont Colorado. Comments or objections related to the above PELTON PUBLISHING COMPANY LLC submitted uest should inwrtingtothe � �qL1 �/'� Weld County Departmental N. By YIN"`-' _T( 17th ln'Planning Services, Colorado 80631, before Ruth Pelton-Roby the above date or presented at the public hearing on May 20.2003. Its: Manager Copies 01 the application are available for public inspection in the g Subscribed and sworn to before me this Services, 1555 P. 17th Avenue, N. 17M Avenue,Greeley.Colorado day 60631. Please call wmm of in ' , 2003. (970)May at (970) 3536100, Ext 3540•or Fax t(970) 304.6496,prior to the day of the hearing so tat reasonable accommodations can be No try Public made if,in accordancew6n ( r , the Americans with My Commissi rata ,,J II 1167 Disabilities Act,you require +c..0% ( PAR/ 1" special accommodations in , order to participate in tics (J , •'"'•..y�T% heating as a rebut of a 75`�'x pTARY • C. disability. ▪ N Mlonael Miller.Chair .r @ Of Weld County Planting ▪ v PUB r • ? Commission • r V B`�'• •-<_ Published in the south t4Z- Weld Sun May 8.2003• Or CS-) _U`. t', ,'/'rrrrr ll,ll,ifl'''' SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number: 1059 30 000040 12 digit number-found on Tax I.D.intonation,obtainable at the Weld County Assessor's Office,or www.co.weld.co.ust Legal Description: Lot A of Corrected RE-2838, Pt. of the SW4 of Section 30, Township 4 North, Range 67 West Flood Plain: No, Zone District: A, Total Acreage: +/-4.9, Overlay District: None, Geological Hazard: No FEE OWNER(S) OF THE PROPERTY: Name: Shultz Farm, Inc. Work Phone#(970)679-8841 Address: 21475 WCR 19 City/State/Zip Code: Milliken, CO 80543 APPLICANT(See Below:Authorization must accompany applications signed by Authorized Agent) Name: Pilgrim Communications, Inc. and Global American Enterprises, Inc. Work Phone#: (303)485-0370 Email Address: Criderron@aol.com Address: 2450 Airport Road, G363, Longmont, CO 80503 AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent) Name: LANDPROfessionals, LLC c/o Lauren Light Work Phone#: (970) 535-9318 Email Address: Llight@agpros.com Address: 4311 Highway 66, Suite 4, Longmont, CO 80504 PROPOSED USE: 199 foot monopole antenna tower I(We)hereby depose and state under penalties of perjury that all statements,proposals,and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs,a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner,notarized evidence must be included indicating that the signatory has to legal authority to sign for the corporation. Signature: Owner or Authorized ent Da LAROPROIeuionale. LLC AGPROIeealonale, LLC L Light Land and Environmental Planning Mobile(303)070.00(3 EXHIBIT Office(rot 535.93re 431,Nlanw.r ae F.(070)530-Oe5. sw,e. /� Metro(303) e t o,o00m.co 80504 beer®evaros corn.00m Fb„p�nrr ,.p Irf l•�Irit trl -- i'l uvuloq Rlul A'.rlulr — tutu( n, ' tin/tow tit z ',"a n,� a z �'5 • fn pt.,' ai^ y , ' , 1 4 fin " ✓ f 1 3 -,,7'?" g h Y March 27, 2003 Weld County Planning Department 1551 N. 17th Avenue Greeley, CO 80631 To Whom it May Concern, We have contracted with LANDPROfessionals, LLC to process all work related to a Use by Special Review application to be filed at Weld County. LANDPROfessionals, LLC is authorized to represent Shultz Farm, Inc., Pilgrim Communications, Inc. and Global Enterprises, Inc. throughout this process. Steve Shultz is authorized to sign for Schultz Farm, Inc. Ron Crider is authorized to sign for Pilgrim Communications, Inc. and Global American Enterprises, Inc. Sincerely, Liteve Shu tz i Ron Crider SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) QUESTIONNAIRE The following questions are to be answered and submitted as part of the USR application. If a question does not pertain to your use,please respond with"not applicable",with an explanation as to why the question is not applicable. 1. Explain, in detail, the proposed use of the property. A 199-foot monopole antenna tower will be utilized for an AM radio station and will be co-locatable. 2. Explain how this proposal is consistent with the intent of the Weld County Code,Chapter 22(Comprehensive Plan). A.Goal.4 states, "Conversion of agricultural land to nonurban residential,commercial and industrial uses will be accommodated when the subject site is in an area that can support such development." The addition of an antenna tower will not cause a negative impact on services in the area. A.Goal.7 states, "Protect agricultural uses from those uses which hinder the operations of the agricultural enterprises." An antenna tower will not have an adverse impact on agricultural uses. 3. Explain how this proposal is consistent with the intent of the Weld County Code,Chapter 23(Zoning)and the zone district in which it is located. A commercial tower is allowed as a Use by Special Review in the agricultural zone district subject to the provisions of Section 23-4-800. 4. What type of uses surround the site? Explain how the proposed use is consistent and compatible with surrounding land uses. The surrounding uses currently consist of farm ground in all directions. There is a house located on the west side of Weld County Road 13 that is the closest residence to the tower. The tower will not obstruct the view of this residence as the tower will be located to the southeast of the house. A new subdivision has been approved adjacent to Hill Lake however the residences will be located to the south of the tower site and the tower will not obstruct the subdivisions view to the west. The antenna tower will be located on an unmanned site. There will not be a negative impact to surrounding properties due to increased noise or traffic. The tower will be designed to have the least amount of visual impact on the environment and surrounding properties as it will be a monopole structure without guy wires and will be a neutral color. 5. Describe, in detail, the following: a. How many people will use this site? There will not be any full time personnel located on site. No more than once a month an employee will check the site to ensure the equipment is operating correctly. b. How many employees are proposed to be employed at this site? None. c. What are the hours of operation? The antenna tower will be operational 24 hours, seven days a week. 0 d. What type and how many structures will be erected (built)on this site? One 199-foot monopole antenna tower will be constructed. In addition a 20'x 30'equipment building will be built. e. What type and how many animals, if any,will be on this site? None. f. What kind (type, size,weight)of vehicles will access this site and how often? One passenger type vehicle once a month. g. Who will provide fire protection to the site? Johnstown Fire Protection District h. What is the water source on the property? (Both domestic and irrigation). No water is associated with the proposed antenna tower. What is the sewage disposal system on the property? (Existing and proposed). No sewage disposal system will be required. If storage or warehousing is proposed,what type of items will be stored? There will be no outside storage. Electrical equipment will be housed in a 20' x 30' equipment building. 6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a landscape plan map as part of the application submittal. As this is an unmanned site,without water,no landscaping is proposed. However,the applicant will construct a visually appealing fence around the base of the tower. In addition, native grasses will be utilized to reseed the site. Shultz Farm Inc. has a contract with Pilgrim Communications to establish and maintain the ground cover. 7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. If the tower should be removed the site would be available for any use allowed in the agricultural zone district. Minimal reclamation would be required other then grading and reseeding. 8. Explain how the storm water drainage will be handled on the site. The proposed antenna tower will not significantly change the historical flows to an extent that detention would be required. 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. Construction will begin immediately upon approval. The tower could be constructed within 30 days of building permit approval. 10. Explain where storage and/or stockpile of wastes will occur on this site. No wastes will be stockpiled or stored onsite. Additional Requirements per Section 23-4-820.E 1. The applicant has searched for other sites that could accommodate their needs and there is not another site available. 2. A 7460-1 permit has been applied for through the FAA. 3. The tower will be located on the center of the property to insure containment of any falling debris. 4. A letter of intent to allow co-location is provided with the application. 5. The tower is located in an area that will not detract from the views of any surrounding property owners. 6. Documentation is provided with the application that addresses environmental considerations which were taken into account with this site. 7. The tower is the minimum height needed to accommodate the antenna. 8. Documentation has been provided indicating permits that have been applied for as required by State and Federal regulations. 9. The tower will be engineered designed to ensure structural integrity. 10. A fence will be constructed around the base of the tower and warning signs will be posted to discourage unauthorized access. 11. The applicant has researched other areas for a possible antenna tower and this site is the most feasible. 12. As there are no guy wires associated with the tower, wildlife will not be adversely impacted. Section 23-4-830.B - Equipment Design 1. N/A 2. The antenna tower will be painted a neutral color to blend in with the environment. 3. No lighting is required on the antenna tower as it is less than 200 feet in height. 4. The equipment building will be residential in appearance and will be maintenance free. The applicant has been working with the developer of the subdivision bordering Hill Lake to ensure compatibility with adjacent structures. The location of the equipment building is noted on the plat and has been agreed upon with the current owners of the property. 5. Noise levels will not be exceeded. Federal A-nation Administration •RONAUTICAL STUDY NO. /' "' `i Northwest Mountain Regional Office 2003-ANM-708-OE VI'; 1601 Lind Avenue SW-ANM-520 PRIOR STUDY NO. Renton, WA 98055-4056 Issued Date: 3/31/2003 Ron Crider 2450 Airport Road, Suite G363 Longmont, CO 80503 ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has completed an aeronautical study under the provisions of 49 U.S.C. , Section 44718 and, if applicable, Title 14 of the Code of Federal Regulations, part 77, concerning: Structure Type: Antenna Tower Location: Johnstown, CO Latitude: 40-16-51 NAD83 Longitude: 104-56-25 Heights: 199 feet above ground level (AGL) 5202 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s) , if any, is (are) met: As a condition to this Determination, the structure should be marked and/or lighted in accordance with FAA Advisory Circular 70/7460-1 AC70/7460-1K, Obstruction Marking and Lighting, a med-dual system - Chapters 4, 8 (M-Dual) ,&12 . This determination expires on 9/30/2004 unless: (a) extended, revised or terminated by the issuing office. (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed , as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. • • This determination does include temporary construction equipment such as cranes, derricks, etc. , which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. A copy of this determination will be forwarded to the Federal Communications Commission if the structure is subject to their licensing authority. If we can be of further assistance, please contact our office at (425) 227-2537 . On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2003-ANN-708-OE. (DNE) tJames Riley Specialist FROM R9PR0 ENV SVCS A FAX NO. : 9705359854 Apr. 30 2003 12:47PM P2 Apr �U 03 11 : J5e Criaer 30 774 5565 p. 1 Global American Enterprises , Inc Serving WorldComnmunications since 1953 Vero Beach, Florida& Longmont, Colorado 2450 Airport Road 0363 Longmont, CO 80503 303485.0370 Fax 303-774-9505 Cell 772-913-2209 www.criderron@aol_corn April 30, 2003 To whom it may concern, Regarding the possible use of the proposed Johnstown 1250 kHz Radio Station proposed tower site. This applicant applied to the FCC in February 2000 and amended the application April 26 2002, This proposed new station has not been approved by the FCC as of this date. This proposed station does not currently have any towers, nor according to our records ever applied to Weld County to construct any towers. This proposed station may be on a frequency of 1250 and has proposed to use a directional antenna system utilizing (3)towers, as proposed this station's towers will not be compatible with our proposed 1060 kHz facility using one short tower. We have tried to have the least amount of impact on the area, by using only one tower and keeping that tiner under 200 feet aF well as designing a"Flag pots typo structure rather than a conventional lattice type tower with guyed wires. The further difference between the proposed 1080 kHz tower by Pilgrim, is that Pilgrim holds a valid FCC license and the Pilgrim station has had a license for the past 40 years. The applicant for 1250 kHz is not a licensee. This is a proposed station and may or may not granted a "Construction Permit" in the future by the FCC. Ronald Gilder President, Global American Enterprises Inc Director of Engineering, Pilgrim Communications Global American Enterprises , Inc Serving WorldCommunications since 1963 Vero Beach, Florida & Longmont, Colorado 2450 Airport Road G363 Longmont, CO 80503 303-485-0370 Fax 303-774-9505 Cell 772-913-2209 www.criderron@aol.com March 27, 2003 To whom it may concern. Subject: Pole Tower demolition and removal; Preface: The primary user of this tower will be AM 1060. This Radio Broadcasting station has been in continuous operation for over 50 years. With the advent of cellular communications and wireless Internet the demand has never been stronger for vertical transmission space. The likelihood of this pole tower becoming abandoned or no longer required for transmission purposes is virtually non existent in the long term foreseeable future. Tower demolition and removal: In the event this pole tower structure is no longer required, Global American Enterprises Inc hereby agrees to expeditiously remove the structure and supporting foundations from the property at the sole expense of Global American Enterprises inc. and Pilgrim Communications Inc. Ronald Crider V Or-eat Global American Enterprises inc. President • • Global American Enterprises , Inc Serving WorldCommunications since 1963 Vero Beach, Florida & Longmont, Colorado 2450 Airport Road G363 Longmont, CO 80503 303-485-0370 Fax 303-774-9505 Cell 772-913-2209 www.criderron@aol.com March 24, 2003 To whom it may concern. Subject: PoleTower Height, Co-Location, Lighting, and Structure. (1) Tower Height and Lighting: Our Company has designed the proposed AM Radio Tower to be of minimum height to operate efficiently. The electrical height for %wave, at a frequency of 1060 AM is 232 feet. 232 feet would require lighting with either red lights or strobe lights. We have used technology to reduce the tower to 199 feet, therefore not requiring lights. We chose this site as it is sufficiently far enough away from any airport to not require lights at 199 feet. (2) Co-Location: Global has designed the proposed pole tower to permit co- location of limited additional communication and cellular antenna facilities. Global will accommodate these additional facilities at prevalent rental rates at the time of application. (3) Pole tower: The proposed tower will be a mono tube type construction using no guyed wires to support the structure. Information provided by Ronald Crider President of Global American Enterprises, Inc. March 24, 2003. Global American Enterprises , Inc Serving WorldCommunications since 1963 Vero Beach, Florida & Longmont, Colorado 2450 Airport Road G363 Longmont, CO 80503 303-485-0370 Fax 303-774-9505 Cell 772-913-2209 www.criderron@aol.com March 24, 2003 To whom it may concern. Attached is a list of AM Broadcast radio towers located within 20 km of the proposed location of the Pilgrim/Global Tower 20 16 50.76 North, 104 56 26.57 West, South of Johnstown, Colorado. The KLMO Listing is our present site in Longmont. The existing broadcast tower is to be removed in July 2003 to make way for a new road. There is a new cellular tower located on the present KLMO site however that tower may not be used for any power above 500 watts. We will use that tower for nighttime service and an auxiliary transmitter site. This is an exclusive Cellular and communications tower site. There is a proposed new station licensed to Johnstown on 1250 kHz located 4.81 miles northeast, however that site has not been constructed. KHNC's 1360 khz Licensed to Johnstown is located 7.53 miles north east, however this site and tower is not electrically compatible with KLMO's frequency of 1060 kHz. KSXT 1570 kHz Licensed to Loveland is located 11.28 miles north west however this site and tower is not electrically compatible with KLMO's frequency of 1060 kHz. There are numerous additional towers located within 10 miles of the proposed tower site however they are not designed as AM radiators, therefore not sutiable for AM Radio Broadcasting. Submitted by Ronald Crider President Global American Enterprises 3/24/03 AM Query Results -- Audio Division(FCC) USA Page 1 of 2 FCFederal FCC Home Search I Updates i E-Filing Initiatives i For Consumers i Find People Communisatons Commission Audio Division AM Query &AM List Results (202)418-2700 FCC >MB >Audio Division >AM Query FM Query TV Query FCC site map AM Query and AM List results are derived from the public files at http://www.fcc.gov/mb/databases/cdbs. Requested corrections to data should be referred to Kim Nguyen, kpnguyen@fcc.gov. Comments on the updated AM Query and AM List may be referred to Dale Bickel, dbickel@fcc.gov. • This list is best printed in LANDSCAPE mode. • • Use the TEXT SIZE input on the AM Query page to change the text size in the list below. • Click on the blue Call Sign or blue Facility ID Number to retrieve more detailed information from the AM Query, including access to the CDBS database records pertaining to that station. • Records for stations outside the USA are derived from international notifications. • The FCC does not keep records on the types of programming aired on radio broadcast stations. • Coordinates shown in the AM Query are NAD 27 coordinates. sums PM 1060 kHz ND1 Nighttime B CP LONGMONT CO US -19990616AB 0.111 kW 18.65 km 11.59 ml 237.753 PILGRIM COMMUNICATIONS, 22,22 AM 1060 kHz NOD Daytime B LIC LONGMONT CO US BL -- 10.0 kW 13.35 km 11.59 rrn 237.75° PILGRIM COMMUNICATIONS INC AM 1250 kHz DA2 Daytime B APP JOHNSTOWN CO US BNP 2000D123ACD 7.73 km 4.81 mi 9 24 JEFFREY N. STIS AM 1250 kHz DA2 Nighttime B APP JOHNSTOWN CO US BNP 20000123ACD 7.73 km 4.81 mi 41.24 JEFFREY N. STI3 Nhw PM 1250 kHz DA2 Daytime B APP JOHNSTOWN CO US BNP 20020426AAF 1.25 kW 3 km 4.81 45,24. JEF,REy N. EUSTIS NEW AN 1250 kHz DA2 Nighttime B APP JOHNSTOWN CO US IN? -20020426AAF 0.35 kW 7.73 km 4 4.81 ma 41.24 JEFFREY N. H MING AM 1360 kHz DA2 Daytime B LIC JOHNSTOWN CO US BL -19911213AB 0.5 kN - 12 12 km 7.53 nu 14.33' DONALD A. AND SHARON B IEDEMAN GHNC AM 1360 kHz 9A2 Nighttime B LIC JOHNSTOWN CO US BL -19911213AB 0.45 kW I,I83 12.12 kin 7.53 nv 14.333 DONALD A. AND SHARON E IEDEMAN ➢M 1360 kHz DAN Daytime B APP JOHNSTOWN CO US BP -20020219AAI 10.0 kW 12.12 km 3.53 ril 14.31. DONALD A. PND SHARON E IEDEMAN 9.14 1360 kHz DAN Nighttime B APP JOHNSTOWN CO US BP -20020219PAI 3.45 kW ILI,0 12.12 krt. I 7.53 mi 14.333DONALD A AND SHARON E WIEDEMAN AM 1360 kHz DAN Daytime B APP JOHNSTOWN CO US BP -20021206AAJ L0.0 kW 12.12 km 7.53 mi. 14.33° DONALD A. AND SHARON E. WIEDEMAN i36C kHz DAN Nighttime B APP JOHNSTOiM CO U -20020206AAJ 0.45 OW 12.12 km 7.53 ral 14.33° DONALD . AND SHARON E. W_EDEMAN AM 157G kHz ND1 Nighttime B LIC LOVELAND CO US B -- 0.010 kW - 18.15 km 111.28 mi 312.90° CAROL PRATT �. NI 1570 kHz ND1 Daytime B LIC LOVELAND CO us By — 1.0 kW 18.15 km 11.20 Oi 312 98° 0 S 6 CAROL PRATT ... 14 AM R ecoitls within 20.10 km distance of • 40° 16' 52.76" N, 104° SE' 26.5]" W Related Nonbroadcast Facilities: ULS Search Using a broadcast station's facility ID number, you may search in the WTB's ULS database for nonbroadcast station records that are related to radio and TV broadcast stations, such as microwave facilities. Use the ULS Radio Services List to determine the nonbroadcast station's service. Not every AM, FM, or TV broadcast station will have related nonbroadcast operations. I Facility ID Number Search ULS Clear S -- s Lookin ' Northeast from SW Corner of Lot INV 4. • .rte• 1. . r .. - _ Looking North at Tower from Proposed Subdivision 4 East and South from Tower Location --71.11a -°71Iiirn Northeast from SW Corner of Property House from Tower . . sammaili_ , • - - t rit. �: i - -s �_.. - - t Tower Looking West IMNIIIIIIII minillill Itrillier ilit • Tower Looking East Tower Looking North Tower Looking South elleira. 4 • .. _ __ - .., , _ ar 'kr'''. • • - - i 7 Tower from Subdivision Tower from Subdivision Tower from Subdivision • THE PROPOSED • PILGRIM COMMUNICATIONS , INC . AM IADI O TOWER SITE LOT A OF CORRECTED RECORDED EXEMPTION NO. 1039-30-3—RE-2838, BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 30, TOM'NSI-IIP 4. NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. 111/4 la. Scc 30-4-67 trw.4• aw../Nrr it,MOO I 1/4 25 30 R6 R66N R6TI A g `S 109k /Part Yiet rn' cArann KM 0.0-0 ,.N000 C•127551 211 0-1S16Y3• C R.1660.00' Pe Cry L.443.54' ':V C.9244233' ?B..w A 442.]3' f' A ° 7'. OVERALL CURVE: Y' D.3S14'08' Ij >' ,re R.1640.00' Q L.I122.27' 1,� C5,W26 S3E ANTENNA OROUNDPIANE 8 1101.02' EASEMENT It 1.211 Awes 62,7RA0 SF am \ R.231.00' — � I w L.S66.OS • �^ C.S4176'3r'E • 43649' 000 WOv fsl/W�' I1a • 6 I LOT A .q� tl p ..... o 8 •GR F \1ll�lll�/ Z hF d .::. ---zcot ... ......... ...... i0LI < C / (IA NW) O ROt 1 11 SR 30-4-67 58747'19•E ....... 683.95' ,w a 4O5 ./YI/r IAmon.Y 0.I.'Moos.Ow W mat••Seas Mom IRI MV r d.••Rbb R66N R6T11 1 I f...rl,.Omni .� fo-lz SW IN I 30-t -iY RSLOT C. CORRECTED RE-2838 NOT TO SCALE •• )• LaGrange 2 rerA'Pm9 / FnVne Gana- --. Vewn � !. • e ` --Metke.o A n A I .MaM HaM ,fi.�.��:'a/.' anyC 6(f ,� wdSpMR ..._fin F`Mm;in Cwrr ° .o. ".I'.._ 1, ,C7 \ l �omiCo. Mda61en . fppn.L\ I� / ___. .:". ---44 armee ' Proposed -30 kW- ND JAN 2003 (i B I — Y eye Bann, Site Coordinates po \ F'm.' M�n-^oI M{ 40°16'49"N May n 'p ` � 104°56'26"W — snits" % Hate c!ee!sam N,,,,,Kr ....` Ain; N.N. I nry19m / Lnrarag Co. �+M cos.., f..:. La re ie I V1•' / ° I ,. P: hellos i kv.. '', _Cheyeape Co. imeErcanpneM 0 toms Nth,. BumF p \ g "'m u°°m Harmony qea. ww Ch y .B"T • \\ I 6ev y'. / Dab Creek .May \ Varon Mwnl v I to Gramm, #o / Licensed- 10 kW-ND .,e,i . I \\ I toe o / .lmwrel nee Featly Ltla 1.� e , \ Padu t• lir •_ , µE,,, a Kepis I Lc, v Jacksorfco '...UknWw. ,...Po;drtpilk./ '° •o , ' .: `'B /, - , 4 Larimer Cc. &\Ybey -- I -1 -_, n La 1 ,, __ei�ye newly Sn;wm SI / ,\ PodqunL ml at Cam Fop Co Iris, MI 1 Maid Sall Pont lanberceap Hasemanw4n_I Intlsor -wvelvav aseen 4'ald co - M. mbo@t Springs " , aax M.ee l � ytw...lov d .�i'eel@V D M. 1 , I w tteke -BpmMe°°'ci m.. SO �O_ewv ./ D ° 1 I burg )I , uempn ,Lo�n/ o 1 J ...,�1vrw. P — ,k ar �I &-, • 1 Pek«,dVwev ,/"" vwr}� _, - as a\ _ �Crdmtfeb 8mdder Co o° Fort Lupton - I I Elew C Bo (der'Fae a a✓asn,I o-co. �awe1 p . 1 my e�rse kAtena t, Sy :.� i O el Mc�F • matte t ler I Ham Rood t \ `•\ \ w.w''pf &llpir�Co SA �. ey ,— Ada ns Co 1 v .., Ards r ,�i:!.. '. aek V�_.._..__ _-— -N n \ .. ..i" BSVanono - \EvM 1 \ \s ..Menem:— amok Foray I`.h Parker __ .. ..Arapahoe Co e_. I _.. /I I i _.__—, Fate Aga0. hereon Co'as / ! , % ( . Foeen'_ the Pinery n. / ' xn+MnL �` Cask Rock / creek. e E ab e Aspen o._.wn /8 � ui Le I At r e BuM�0eo a Wks Ebet._. Elbert Co. /l el / / . . e Moon w 1 s "\h \. PO( o. TWA' ae.w .5 mV/m ^i !•CwP+ -well. L Ho.. 11 imnlad\�n \\ _. W .mot 16 ; / _._ '--_ r , n. l '._ .Black Forest pa coin Co. _._ Rockall' ` ? `s. it JAI Force Nam— / / -\\ \ \`; FaL-c Meek I 1 0.5 mV/m OI °n't `i N. , o springs - , --- \ O / m;aaw a ♦ - 9P* �i ari-tT ` • Tr"I ChaffeeCo) j alfe, % tweeercek FortC-Son �� I wrnl 1 on Co. - l �Mkle-yam ..°-- Y I Fo lain *bock Pal Oleo J nrr MIL . IL 'Grit 1 .a. ! (-_... Het an /,sbn Gil p I _._�' t Thrio ' ee ,,r Can, - O 25 Mowe FSmients loraMe PMPBkWa: RIIIes CP0018 8 Boma CO ' 1 _. 11;: OBave.-`... n 1":= _...... .. �b..° \ a swans ",: .., Ei R SOP PREDICTED DAYTIME COVERAGE CONTOURS RADIO STATION KLMO LONGMONT, COLORADO 1060 KHZ 10 KW DA-1 U du Treil,Lundin&Rackley,Inc. Sarasota,Florida du Treil, Lundin & Rackley, Inc Consulting Engine: Matthew Folkert direct:941.329-6009 • �•- e-mail:matt@dlr.com '`f' March 3 , 2003 Via Regular Mail Federal Aviation Administration Northwest Mountain Regional Office Air Traffic Airspace Branch, ANM-520 1601 Lind Avenue, SW Renton, WA 98055-4056 Re: Form 7460-1, Notice of Proposed Construction To Whom It May Concern: Enclosed please find Form 7460-1 with regard to a new tower proposed for Radio Station KLMO, 1060 kHz . Attached Figure 1 shows the proposed tower location on a 7 . 5 minute topographical map. Please call me if you have any questions . Sincerely, atthew Folkert Enclosure Cc: Ron Crider 201 Fletcher Avei Sarasota•Florida 34237-6( 941 329-61 • 130: 109i6.3 Fortn Approved OMB No.2120-001 Please Type or Print on This Form FOR FAA USE ONLY Failure To Provide All Requested Information May Delay Processing of Your Notice Aeronautical Study Number U.S.DepartmeWW Transportation Notice of Proposed Construction or Alteration Federal Aviation AdmirdsVatlon 1. Sponsor(person,company,etc.proposing this action): 9. Latitude: 40 0 16 •_ ,S-0, 4361.>" A of.Ron Crider 104 0 56 • �ce• S3-Clu ' 10. Longitude: Name: Address:2450 Airport Road 11. Datum: ❑ NAD 83 X❑ NAD27 ❑ Other Suite G363 12. Nearest:City:Johnstown State: CO Longmont State: CO zip: 80503 Tile 13. Nearest Public-use(not private-use)or Military Airport or Heliport: Telephone: (5 61) 913-2209 pax: Fort Collins-Loveland Municipal 2. Sponsor's Representative(if other than#1): : 12 . 4 miles Attad:Matthew Folkert 14. Distance from#13.to Structure Name: 162 . 4 deg TN Name: dLR, Inc. 15. Direction from#13.to Structure: Address: 201 Fletcher Avenue 16. Site Elevation(AMSL): 5, 003 m city, Sarasota state: zip:FL 34237 17. Total Structure Height(AGL): 199 ft. 5, 202 Telephone: (941) 329-6000 Fax: (941) 329-6030 18. Overall Height(#16.+#17.)(AMSL): ft. 19. Previous FAA Aeronautical Study Number(if applicable): 3. Notice of: ❑X New Construction ❑ Alteration ❑ Existing N/A -of 4. Duration: ❑X Permanent ❑ Temporary( months, days) 20. Description of Location:(Attach a USGS 7.5 minute 5. Work Schedule:Beginning Pending FCcnd Quadrangle Map with the precise site marked and anycertified survey.) One mile north of intersection of 6.Type: ❑X Antenna Tower O Crane 9 Building ❑ Power Line State Road 13 and State Road 38 ❑ Landfill ❑ Water Tank 9 Other 7. Marking/Painting and/or Lighting Preferred: ❑ Red Lights and Paint 9 Dual-Red and Medium Intensity White ❑ White-Medium Intensity ❑ Dual-Red and High Intensity White ❑ White High Intensity ❑X Other None 8. FCC Antenna Structure Registration Number al applicable): N/A 21. Complete Description of Proposal: Frequency/Power(kN New tower for non-directional AM station 1060 kHz 30 k Notice is required by 14 Code of Federal Regulations,part 77 pursuant to 49 U.S.C.,Section 44718.Persons who knowingly and willingly violate the notice requirements of part 77 are subject to a civil penalty of$1,000 per day until the notice is received,pursuant to 49 U.S.C.,section 46301 (a). I hereby certify that all of the above statements made by me are true,complete,and correct to the best of my knowledge.In addition,I agree to m and/or light the structure in accordance with established marking and lighting standards as necessary. Date I Meat or Printed Name and Title of Person Filing Notice Signature thew Folkert 47P,PF c -' — Figure 1 '109bM I 1 4931 lI s� X0°4 it 'I 'L.. MARCH M03a 50?9� !_. �._.....x..990 .°. ,¢a >ttltd l _ .1 e9e6 ii .nJr '-- 1—..,. :.—vi------5 _.7 -- 7,, 091% '1 .1 I '' r . Bony a . ? - 1150.9 - 434 _ "1 5f 4952 r, o 3 G� Proposed Site: 5$1 O don I 40° 16' 51"N •, I 104` 56'26I'W moors ----- �•-:,::-. FAR 5014 503J 499]1 J W :. r499O .. 5004 Lake j - 5 11 1 03/ 1 C` 60Y r N Ra a / I Erkenbeck Sch A47 e 6,4 �/j o ,=Iq Walker i i4r '' elevator 41•°= • If 4 Walker -. . t 392x _ BM i. �-_� • 965 . 4965 � - , 4928 • JOHNSTOWN, COLO. !i N4015-W10452.5/7:5 1950 _ , l v �. PHOTOREVISED 1969 AMS 5064 IV SW-SERIES VSI] 1.0 0.5 0 1.0 miles I--I I-I I ---I I---I I--I I I 0.5 0 0.5 1.0 1.5 2.0 2.5 kilometers I I—I I— I--------I I--{ I I PROPOSED TRANSMITTER LOCATION RADIO STATION KLMO LONGMONT, COLORADO . - -- . .. ..-. r.r. ,..w• fl A., du Treil, Lundin & Rackley, Inc. Consulting Engineers TECHNICAL EXHIBIT APPLICATION FOR CONSTRUCTION PERMIT PILGRIM COMMUNICATIONS, INC. RADIO STATION KLMO LONGMONT, COLORADO March 7, 2003 1060 KHZ 30 KW-D, 111 W-N U ND-2 du Treil, Lundin & Rackley, Inc. Consulting Engineers TECHNICAL EXHIBIT APPLICATION FOR CONSTRUCTION PERMIT PILGRIM COMMUNICATIONS, INC . RADIO STATION KLMO • LONGMONT, COLORADO 1060 KHZ 30 KW-D, 111 W-N U ND-2 Table of Contents Technical Narrative Figure 1 Transmitter Daytime Site Location Figure 2 Sketch of Antenna Element Figure 3 Proposed Daytime Field Strength Contours Figure 4 Existing Daytime Field Strength Contours Figure 5 Daytime Allocation Study Figure 6 Tabulation of Data Employed in Calculation of Groundwave Contours • • du Treil, Lundin & Rackley, Inc. Consulting Engineers TECHNICAL EXHIBIT APPLICATION FOR CONSTRUCTION PERMIT PILGRIM COMMUNICATIONS, INC . RADIO STATION KLMO LONGMONT, COLORADO 1060 KHZ 30 KW-D, 111 W-N U ND-2 Technical Narrative The technical exhibit of which this narrative is part has been prepared on behalf of Pilgrim Communications, Inc. , licensee of AM broadcast station KLMO at Longmont, Colorado. KLMO is licensed for full time operation on 1060 kilohertz with daytime power of 10 kilowatts and nighttime power of 111 watts, operating with the same non-directional antenna during daytime and nighttime hours . By means of this present application, the licensee proposes to increase daytime power to 30 kilowatts with a different non-directional antenna re- located at a new site and maintain nighttime operation at the current location. The proposal is classified as a minor change according to 47 CFR 73 . 3571 (a) (2) . As a Class D station operating on one of the channels listed in 73 .25 (b) , the proposal satisfies 47 CFR 73 .21 (a) (2) which permits operation with a nominal power of not less than 0 . 25 kilowatt nor more than 50 kilowatts at any time . The proposal is acceptable for filing under the criteria set forth in 47 CFR 73 . 37 . du Treil, Lundin & Rackley, Inc. Consulting Engineers The proposed facility will not have a significant environmental impact as defined by 47 CFR 1 . 1307 . The Federal Aviation Administration has been notified of the proposal as new tower construction is proposed. Proposed Transmitter Location The location of the proposed KLMO daytime facility will change . The new site is located approximately 20 kilometers northeast of the current location. The NAD 27 coordinates of the proposed site are : 40-16-51 North 104-56-25 West The transmitter site location is shown on a 7 . 5 minute topographical map included as Figure 1 . Non-Directional Antenna System A new uniform cross-section, guyed, steel tower will be employed for the daytime non-directional antenna . As indicated on Figure 2, the radiating element is 59 .4 meters (195 feet) in height and has an overall height of 60 . 6 meters (199 feet) above ground level . Blanketing Requirements The provisions of 47 CFR 73 . 24 (g) require that the population within the 1, 000 mV/m contour not exceed 300 persons or 1 percent of the population within the 25 2 • • du Treil, Lundin & Rackley, Inc. Consulting Engineers mV/m groundwave contour. At the proposed location, a total of 38 persons lie within the 1, 000 mV/m contour. Daytime Coverage The proposed KLMO daytime field strength contours are depicted on Figure 3 and the existing daytime field strength contours are shown on Figure 4 . As indicated on Figure 3 , the proposed daytime 5 mV/m contour will completely encompass the city limits of Longmont . The Longmont city limits depicted were obtained from a map contained in the TIGER 2000 U.S . census files . Daytime Allocation Study A daytime allocation study was made utilizing FCC Figure M-3 as shown on Figure 5 . Daytime field strength contours were calculated in accordance with 47 CFR 73 . 183 . Figure 6 is a tabulation of the data employed in the calculation of daytime contours . As the KLMO proposed site lies within relative close proximity to the Table Mountain Radio Receiving Zone near Boulder, Colorado, a study is included as Figure 5, Sheet 2 of 2 showing a reduction in signal over the Table Mountain region thus reducing potential interference to this area. Based on this analysis, the proposed KLMO facility will comply with all relevant allocation criteria. Environmental Considerations The proposed KLMO operation was evaluated in terms of both the electric and magnetic field components 3 du Treil, Lundin & Rackley, Inc. Consulting Engineers which will be present at the base of each tower. Using Figures 1 through 4 of Supplement A to OET Bulletin 65, the worst case interpolated distance at which the electric and magnetic fields would fall below ANSI guidelines is 4 meters . Accordingly, the areas surrounding the base of each tower will be appropriately restricted with a fence having a minimum radius of 4 meters (13 feet) unless data obtained after construction has been completed indicates otherwise . The fence will assure that persons on the property outside the fenced area will not be exposed to radiofrequency field levels in excess of those recommended by the ANSI . In addition, warning signs will be posted. The proposed operation is categorically excluded from environmental processing, as it meets all the criteria for such an exclusion as specified in 47 CFR 1 . 1306 . The proposal does not involve construction at a site location as specified under 47 CFR 1 . 1307 (a) (1) - (7) and the human exposure to radiofrequency radiation is predicted to be within the standards specified in 47 CFR 1 . 1307 (b) . Matthew Folkert du Treil, Lundin & Rackley, Inc. 201 Fletcher Avenue Sarasota, Florida 34237 (941) 329-6000 March 7, 2003 4 Figure 1 1 �G. Eta/ �I„a'r 1 SINCE 19'` I i MARCH 2003 S• f. f :b : aO..7 •IvmI' ` • I' lf.:a•rr. deb : Hung I ,,,,,‘ 4i a /..' .rla`I. I Proposed Site: C / I 40° 16' 51"N t.et " 104" 56'25"W ',o / / h n / I <V97�1 1 I, I DOI* atS i 4;rkonherk ``eh '' / lj 0 e tf ' it We kr, II • I: EI /•< I , I /�t II Vealkerr I! fit4 . rr . . 4O 2.Ji }; Ahfg /Y , 40;.8 I J/ I: JOHNSTOWN, COLO. / N4015-W10452.5/7.5 / 1950 PHOTOREVISED 1969 AMS 5064 IV SW-SERIES V877 1.0 0.5 0 1.0 miles I—i I—I l---I I—I I—I I 0.5 0 0.5 1.0 1.5 2.0 2.5 kilometers HI HI I I I TRANSMITTER SITE LOCATION RADIO STATION KLMO LONGMONT, COLORADO 1060 KHZ 30 KW-D, 111 W-N U ND-2 • • Figure 2 00 E'y% S L. i% Site Coordinates(NAD 27) 40° 16' 51" N d)a 104°56' 25" W MAR 2003 A A • 60.6 meters • (199 feet) 59.4 meters (195 feet) • Not To Scale SKETCH OF ANTENNA ELEMENT RADIO STATION KLMO LONGMONT, COLORADO 1060 KHZ 30 KW-D, 111 W-N U ND-2 du Treil, Lundin& Rackley, Inc. Sarasota, Florida • • Figure 3 Sheet 1 of 2 2 p .\46 Flit, a '^ ;J \\��2T — u \ o SWCE a\ N hmaoi0r U MAR 2003 B We Bush CI cl Mesquite CI Saguaro I Cleo 00 ti 0 Yucca C o age CI 1000 mV/m c 0 County Road 42 a • O ° ' Weld 0 Gnk County Road 40 Wc,40 Un'4nownl ut Weld Count-Rd 38 0 0.5 1 kilometers r PROPOSED DAYTIME FIELD STRENGTH CONTOURS RADIO STATION KLMO LONGMONT, COLORADO 1060 KHZ 30 KW-D, 111 W-N U ND-2 tin Treil T nntlin R. Ann4lon Inn Vornrnm rine:rin • • Figure 3 Sheet 2 of 2 .m5.ry.•nv. AIMkLi Clutter Bayed yJ� 44• trio/4, (�! FammBllwnMw.en vol �/ Mort mcm [Lett' Ciy� rn lake me _... 0 :+, 9 .; Bosse !; I Resrgm Not F �� aI SrNCE tAh� i Horse Creel,tagLeewayPAn _.- DMm MAR 2003 Utley°s Lalamie 1 ' "'`" u - 0.5 mV/m d Ra chebes on pgmdae •• . . Kmball.. .w pdb 'Koester* 'r Hermon, a Red But a,` SAerCmm _. .E�e1 Pna .:.. -..... "'mMn H`u' Ch,yenne__. _" Sidneya°n' ,. �`° to Gee, .. ..._... South Greeley I venal eeFa Mun. I - C �^ to Carpet Lorenzo / l 2 mV/m • Cwe ey Gwen Ott, Re1Fea lakesa / - P:Md 5 mV/m `; Paemry 11r w -as ,, are Echo ner P.. •ae avid Nun kwb • ,/ . al"r. L atm. t.. o I.s,,o Peas a liter Slmlebadole Sledjng Ott timber Raabe BIII F tollFI� Wnert Ate SaaF Wiley iylby HuseanF Heq'Y1,�. 1M1'Ind5W lucerne • ar °""°"®lead / Gee LoVeiii d. Greeley e1essev�./ -_ ' E PS Palk Kant, 1 .�; it et*" ken, taSant' ' Be11hdM O Glatt o •�1e M ke Pek 9 __Fort Morgan milli I r Longmont tete 4 , kkm _ ! ` pe vom r- R' Poky o / Rr99e Flat or, 4 Gr andAo_ 'Giby ) Seri I er 4 Nr*rl° Fort upton- aree Iw I I d ',*Cale Boulder En. , I Wash ,r e� 1 r -M - — - , --- — 'Won Co F p einul\vIfI9 _ Bngh�n Yak w ap Team - ;' �"°B°� Noll glenn� . ✓ „mH,Ca �• Gilpin Co I Ar 0eib i 1 ' ain't I �enver 4 soeyk , . Berne -I eFo -A_ � _ ._ .___" ;'t �°_ dry �cl Ir: ee -Eo. g g Awn -Va� -Gnvavr�[ gMW . Ana,.r ry I\ems Cot ek.v `Deal FVB reed tern y µnl¢ma &wife.e51 South fern e Pedal - �9,a"k..rki HsdsP ear. Parker \ — I Rkw.' Said ,-0 The Pinery M?M - Stk. d Bem \ p , u eena aueao Creek od aBnxn lm., \ >eu Nazi r a a JMeivn , " mYM1e / A NrN.. ..PoPi Set eadvlle netts ders Nd / g et Elbert t-Elbert „In. to MNevia I Measly.Wq Mount Measly. rre; Wad Creek r IBA' arry I W MOOT - RamA Ike IMnldat I — lint-) I I \Black Forest pox. Redda+ CJI Air Fora A demy I _ r I Air I '. ?te a" M Eat am n But Vista Waite Colorado Springs,I 1 :I-o -1 Broad4cr- rawr' rr rr •Co J Gorey ley OvalsG k ' Fort Cersdn CareS Foilplain Ha tt r 0 j 50 100 m ltl° Saida I - .V _ -_- --r-- d ,,,,,,c, 01 Seta Canon Qty Pew„!B�-G ),,LeFs kilometers ° FbrbncePueblo W " Baw aCM { ,n r _ - . . _.. -.;,Pueblo oe,:,. R o r7 PROPOSED DAYTIME FIELD STRENGTH CONTOURS RADIO STATION KLMO LONGMONT, COLORADO 1060 KHZ 30 KW-D, 111 W-N U ND-2 d..T...:1 T•.�.d:- P. n__L1__, r__ n_____._ ra r • • Figure 4 Sheet 1 of 2 I 5JclkG ENDS Y ti 24th Ave _ ooaPiO Peterson PI m a___ . m s. \_ T A o r m R c= ti8 . I " � O o s ?3rd Av •`ryN�'19b\• 30 - \n 2dn J_— Jamison PI O Beech Cir a P. MAR 2003 — - 0- --- - m——" 0- A m d S� \9 _m o 1,a 2 akaPaµO e�4 ki `n v1 �' --�acS \� x m 3 Westlake Cr � w m O m C \ ^mw•Y S n O 21st Ave pefv'�-----` - o 'o c —� a `�� _-Eve etre PI O m _21stS1 - dkinson ve ice'-�_._o - �� w o \C) 1yluAte- 20th ve tsant Dr o __-__. / n ; 4 o Calkins Av _ an ��„„ o o Sh Shor Dr 20th St J 19th v .,---- - E ine Av - E. E'I Unknown1 s' -- ambridge Dr ewe - or c -- Fel am PI J r OJT^a Wed a Ave o _ I _ _ 1h Ave /N Srat4dLn ak Ride n d PI c - 1iJtLa m Dan Dr Denver Ave Amherst Dr Judson Dr F n is ay 0P U ° 16th Ave a C E _ ___ 1Eth PI l', m -\ 1000 mV/m n h 15th Av O Eimt _1 n o Humboldt Cir c a Humb;d PI c m T1e O 14th Ave J T- A D O - pro�PI [ Sanborn PI // 1 Y Ave J —__,-"I-- -" - _y_ Z Denise PI \A 1P ope// Scenic ./ c} Sherri M r PI �'2 �'5 12th Ave aGt c / , w Frontier ki❑ eters VM ^ ,F c gED 9. Sumac 'neelo4. ta„ p d 3 API O 9m O ytie Dr E I'Fi m tun Ave 2_ -- EXISTING DAYTIME FIELD STRENGTH CONTOURS RADIO STATION KLMO LONGMONT, COLORADO 1060 KHZ 30 KW-D, 111 W-N U ND-2 • • Figure 4 Sheet 2 of 2 • I I.W.0P.S. alre wwale. ease c n I l`VNG ENG� U _ ---. __ eeemM 4) t l' +m COMM lake LaGrange l ` m LJ r eM^} aWS m Basler FsrYg lam Manta"Pol --. Meriden a ,l p I I S/ry�'i9re` _ Lbee Creek 5i&q 1 bye. Abin n enm MAR 2003 I _-:�r !z - Gurley s Lai-Amie umgr I Ranchelles rkvadale kefsye NbH Rai oral a net Bones xrA sin, awlw" evns Eptiri i he IAMB Chg I Sidneyca. wan�� Dale G F .••_.•.�.. SOvUI GM1C¢YI Vennm Moan? m Jet" 3Me' -.rrer Lorenzo 1 0.5 mV/m n Pee a , c J Gwm fia ,ry Rat EeaM lakes Pmc- e tle i Padmi lid Widen I clm E.. PaMePa4 ,V �'"e." m nal 2 mV/m K`"a vla ri, p G„u.: I r L eeeee n. ° — eneysnae Sted'Vig . ° , v 'brief sl velum T. Kalman runt?Camp Bo Ott CO A Wilda' Almd Si May turnt Rarzmn R4F,Iy, 5 mV/m locaem, .ti.. -. _ _ I tam ' ,... ad Mm.erea, I Gabe Lovell:cc! Gre \ley - a-'i".� - BS Park Kersey G'• I E Cnda Johns I'S' A GmdM HM T Berthoud Glass! uke - _ b._Fod organ aiaan I. ' 'ddm ar Lbngma nl ma,* C "*Sfa; .. n..: �`Gram/Co G iii.. mil"' Oea VaK mr y f �/ Vol um - Uvindar GbI,ei(mte _ Fat KPlmp - ee allry �, - Boulder I ade i A l ' p I -Vlootlm, Vht“. ,0 r.r.; � R a L`di svpl� B1191116,1I -t E Tars, ^®rv""° NbHF glenn i °� n, / Arlan? r_o. .E AM10 y erg- d.. - 19gmrce Lbdm Minn + Gy5e mM varev rl�esee railevaoe gealYe ( -� I NAv ,,van 5vw""" Lid g EI_Idw)))i Ipai:C. r oa�sRrar Eve earl koakm d�rf MUM se __ - Bt4F m re„ae Sou[hglenn._.— __. _.�, _ _ I_. n rd Red UM .i. Jun . / Hmns Park iii!t ,,,COY \, I ¢ka '5 Gan, pan n Km The Pinery �j1p I seeava e II .amw Jenehm ealry Cash Rock Bluebell w°.e r r,n,. t \`‘, L oaa QMab Creek Me1Ey 1151 1 Mu a 0q'Me : dE - ' Saks �eadnlle a / Eaaniry T) m L aJr EEM L'Ib„r .d la'_i aMsm AbM uvsvn lnka n..l :. T L WtICme4 ow, Trm Laru ,� °"v° - Woddmoar I__ Graf.' \, Black Forest peom, f;„„,:,,(34 amvme -- Cg, „ , Gem' jrA Force Ai&demy , . . ,.NnYm Am3m <\` EFnsaM 'IaN."Fah f I ' a orado Springs,Thm,I Rush - - I BrwM'Av- I V41'17" id Moss I-6 TM°'v r r. Gurley UNA Creek Fort Carp - - Kvvul I year r , I r _-_. - I Foi}lain "�" ea 0 j 50 100 No l'Teads ALL Howad co Canon City pen,Badman! P kilometers Mamll Florence Cot{al Pueblo We'sll i Norm City -,..Pueblo ^"v o I-- b{. EXISTING DAYTIME FIELD STRENGTH CONTOURS RADIO STATION KLMO LONGMONT, COLORADO 1060 KHZ 30 KW—D, 111 W—N U ND-2 , r, • e CDBS Print • Page 1 of 5 Federal Communicaliuns Commission Approved by OMB •FOR FCC USE ONLY \Vashinglon,D.C.20554 3060-0027(March 2001) FCC 301 APPLICATION FOR CONSTRUCTION PERMIT FOR FOR COMMISSION USE ONLY FILE NO. COMMERCIAL BROADCAST STATION - Read INSTRUCTIONS Before Filling Out Form 'Section 1-General Information 1' Legal Name of the Applicant 4 PILGRIM COMMUNICATIONS,INC. Mailing Address BOX 59,5152 PACIFIC AVENUE City State or Country(if foreign address) ZIP Code BEECH GROVE IN 46107- Telephone Number E-Mail Address(if available) (include area code) 3176559999 Call Sign Facility ID Number KLMO 70625 2. Contact Representative(if other than applicant) Firm or Company Name MARNIE K. SARVER WILEY REIN&FIELDING LLP Mailing Address 1776 K STREET,NW City State or Country(if foreign address) ZIP Code WASHINGTON DC 20006- A Telephone Number(include area code) E-Mail Address(if available) 2027194289 MSARVER@WRF.COM If this application has been submitted without a fee,indicate reason for fee exemption(see 47 C.F.R. Section 1.1 1 14): Governmental Entity r Other 4. Application Purpose ' r New station r Major Modification of construction permit r Major Change in licensed facility r Minor Modification of construction permit ' t r' Minor Change in licensed facility r Major Amendment to pending application r Minor Amendment to pending application (a)File number of original construction permit: _ r NA (b)Service Type: f' AM r FM r TV r. DTV (c)Community of License: City:LONGMONT State: CO (d)Facility Type f' Main r Auxiliary If an amendment,submit as an Exhibit a listing by Section and Question Number the portions of [Exhibit I the pending application that are being revised. CDBS Print • • Page 2 of 8 NOTE: In addition to the information called for in this section, an explanatory exhibit providing full particulars must be submitted for each question for which a "No" response is provided. Section 11 -Legal I. Certification. Applicant certifies that it has answered each question in this application based on its r Yes No review of the application instructions and worksheets. Applicant further certifies that where it has made an affirmative certification below,this certification constitutes its representation that the application satisfies each of the pertinent standards and criteria set forth in the application , instructions and worksheets. 2. Parties to the Application. a. List the applicant, and, if other than a natural person, its officers,directors,stockholders with atti ibutable interests, non- insulated partners and/or members. If a corporation or partnership holds an attributable interest in the applicant, list separately its officers,directors,stockholders with attributable interests,non-insulated partners and/or members. Create a separate row for each individual or entity. Attach additional pages if necessary. (1) Name and address of the applicant and each party to the (2) Citizenship. application holding an attributable interest(if other than (3) Positional Interest: Officer,director,general individual also show name,address and citizenship of natural partner, limited partner,LLC member, person authorized to vote the stock or holding the attributable investor/creditor attributable under the interest). List the applicant first, officers next, then directors Commission's equity/debt plus standard,etc. and,thereafter,remaining stockholders and other entities with (4) Percentage of votes. attributable interests,and partners. (5) Percentage of total assets(equity plus deht). [Enter Parties/Owners Information] b. Applicant certifies that equity and financial interests not set forth above are non-attributable. r Yes r No r N/A See Explanation in [Exhibit 2] 3. Other Authorizations. List call signs, locations, and facility identifiers of all other broadcast f" N/A stations in which applicant or any party to the application has an attributable interest. [Exhibit 3] 4. Multiple Ownership. a.Applicant certifies that the proposed facility: r Yes r No See Explanation in 1.complies with the Commission's multiple and cross-ownership rules; [Exhibit 4] 2.does not present an issue under the Commission's policies relating to media interests of immediate family members; 3.complies with the Commission's policies relating to future ownership interests; and 4.complies with the Commission's restrictions relating to the insulation and non-participation of non-party investors and creditors. b.Radio Applicants Only. If the grant of the application would result in certain principal r Yes C No community service contour overlaps,see Local Radio Ownership Worksheet, Question 1, r N/A applicant certifies that all relevant information has been placed in public inspection file(s) and submitted to the Commission. See Explanation in [Exhibit 5] 5. Character Issues.Applicant certifies that neither applicant nor any party to the application has or r Yes r No has had any interest in or connection with: CDBS Print • • Page 3 of 8 a. any broadcast application in any proceeding where character issues were left unresolved or See Explanation in were resolved adversely against the applicant or party to the application; or [Exhibit 6] b. any pending broadcast application in which character issues have been raised. 6. Adverse Findings. Applicant certifies that,with respect to the applicant and any party to the r Yes r No application,no adverse finding has been made, nor has an adverse final action been taken by any court or administrative body in a civil or criminal proceeding brought under the provisions of any law related to any of the following: any felony; mass media-related antitrust or unfair competition; See Explanation in fraudulent statements to another government unit;or discrimination. [Exhibit 7] 7. Alien Ownership and Control.Applicant certifies that it complies with the provisions of Section r Yes r No 310 of the Communications Act of 1934,as amended, relating to interests of aliens and foreign governments. See Explanation in [Exhibit 8] 8. Program Service Certification. Applicant certifies that it is cognizant of and will comply with its U r Yes r No obligations as a commission licensee to present a program service responsive to the issues of public concern facing the station's community of license and service area. 9. Local Public Notice. Applicant certifies that it has or will comply with the public notice r Yes r No requirements of 47 C.F.R. Section 73.3580. 10. Auction Authorization. If the application is being submitted to obtain a construction permit for r Yes r No which the applicant was the winning bidder in an auction, then the applicant certifies,pursuant to r N/A 47 C.F.R. Section 73.5005(a), that it has attached an exhibit containing the information required by 47 C.F.R. Sections I.2107(d), 1.2110(i), 1.2112(a)and 1.2112(b),if applicable. [Exhibit 9] An exhibit is required unless this question is inapplicable. 11. Anti-Drug Abuse Act Certification.Applicant certifies that neither applicant nor any party to the r Yes r No application is subject to denial of federal benefits pursuant to Section 5301 of the Anti-Drug Abuse Act of 1988,21 U.S.C. Section 862. 12. Equal Employment Opportunity(EEO). If the applicant proposes to employ five or more full- r Yes r No time employees,applicant certifies that it is filing simultaneously with this application a Model r N/A EEO Program Report on FCC Form 396-A. I certify that the statements in this application are true,complete,and correct to the best of my knowledge and belief,and are made in good faith. I acknowledge that all certifications and attached Exhibits are considered material representations. I hereby waive any claim to the use of any particular frequency as against the regulatory power of the United States because of the previous use of the same,whether by license or otherwise, and request an authorization in accordance with this application (See Section 304 of the Communications Act of 1934,as amended.) Typed or Printed Name of Person Signing 'Typed or Printed Title of Person Signing Signature Date WILLFUL FALSE STATEMENTS ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT(U.S. CODE, TITLE 18, SECTION 1001),AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT(U.S. CODE,TITLE 47,SECTION 312(a)(1)),AND/OR FORFEITURE(U.S. CODE,TITLE 47, SECTION 503). SECTION III-A -AM Engineering TECHNICAL SPECIFICATIONS Ensure that the specifications below are accurate. Contradicting data found elsewhere in this application will be disregarded. All items must be completed.The response"on file" is not acceptable. TECH BOX I. Frequency: 1060 kHz 2. Class(select one): Ar B Cr Dr 3. Hours of Operation: G Unlimited r Limited r Daytime r Share Time Specified Flours: CDBS Print • • Page 4 of 8 4. Daytime: t' Yes (' No [Daytime Operation] 4. Daytime Operation a. Power: 30 kW b. Antenna Location Coordinates: (NAD 27) • Latitude: Degrees 40 Minutes 16 Seconds 51 North C` South Longitude: Degrees 104 Minutes 56 Seconds 25 t West C' East c. and d. Complete the appropriate following items.If additional space is needed, please provide the [Exhibit 18] information requested below in an Exhibit. Nondirectional r Directional Theoretical RMS: 297 mV/m per kW at 1 km(Nondirectional) "mV/m at 1 km(Directional) Standard RMS: mV/m at 1 km (Directional Only) [Nondirectional Tower Subform] 4c.Nondirectional Tower: Tower Number 1 Overall height above ground 60.6 (include obstruction lighting) (meters) Antenna structure registration Number: r Notification filed with FAA r Not Applicable Height of radiator above 59.4 base insulator,or above base, if grounded(meters) Electrical height of radiator(degrees) 175.6 Top-Loaded/Sectionalized apparent height(degrees) A 0 B 0 C 0 D 0 or CDI3S Print S S Pagc 5 of 8 [Directional Towers Subfonn] Augmented: Yes C No If"yes," complete the following: Augmented RMS: mV/in at 1 km [Augmentations Subform] 5. Nighttime: t' Yes r No [Nighttime Operation] 5. Nighttime Operation a.Power: 0.111 kW b.Antenna Location Coordinates: (NAD 27) Latitude: Degrees 40 Minutes 11 Seconds 28 C North r South Longitude: Degrees 105 Minutes 7 Seconds 35 G West C East c. and d. Complete the appropriate following items. If additional space is needed,please provide the [Exhibit 19] information requested below in an Exhibit. Nondirectional r Directional Theoretical RMS: 302.6 mV/m per kW at I km (Nondirectional) mV/m at 1 km (Directional) Standard RMS: mV/m at ] km (Directional Only) [Nondirectional Tower Subform] 5c. Nondirectional Tower: Tower Number 1 Overall height above ground 69.2 (include obstruction lighting) (meters) Antenna structure registration Number: 1063972 CDBS Print • • Page 6 of 8 r Notification filed with FAA r Not Applicable Height of radiator above 67.1 base insulator,or above base, if grounded (meters) Electrical height of radiator(degrees) 85.3 Top-Loaded/Sectionalized apparent height(degrees) A 0 • B 0 C 0 D 0 or [Directional Towers Subform] Augmented: C` Yes C No If"yes," complete the following: Augmented RMS: mV/m at 1 km [Augmentations Subform] 6. Critical Hours Operation: (` Yes r' No [Critical Hours Operation] NOTE: In addition to the information called for in this section,an explanatory exhibit providing full particulars must be submitted for each question for which a"No" response is provided. CERTIFICATION 7. Broadcast Facility. The proposed facility complies with the engineering standards and assignment R Yes t` No requirements of requirements of 47 C.F.R. Sections 73.24(e),73.24(g),73.33,73.45,73.150, 73.152, 73.160,73.182(a)-(i), 73.186, 73.189,73.1650. Exhibit Required See Explanation in lExhibit 10] 8. Community Coverage. The proposed facility complies with community coverage requirements of t' Yes C No 47 C.P.R. Section 73.240). See Explanation in !Exhibit 111 9. Main Studio Location. The proposed main studio location complies with requirements of 47 t' Yes r No C.F.R. Section 73.1125. See Explanation in CDBS Print • • Pagc 7 of 8 [Exhibit 12] 10.Interference. The proposed facility complies with all of the following applicable rule sections. R Yes r No Check all those that apply. An exhibit is required for each applicable section. See Explanation in [Exhibit 13] Groundwave. P a.) 47 C.F.R. Section 73.37. [Exhibit 14] Skywave. P- b.) 47 C.F.R. Section 73.182. [Exhibit 15] Critical (lours. • r c.) 47 C.F.R. Section 73.187. [Exhibit 16] I I.Environmental Protection Act. The proposed facility is excluded from environmental processing R yes r No under 47. C.F.R. Section 1.1306 (i.e.,The facility will not have a significant environmental impact and complies with the maximum permissible radiofrequency electromagnetic exposure limits for controlled and uncontrolled environments). Unless the applicant can determine compliance through the use of the RF worksheets in Appendix A,an Exhibit is required. See Explanation in [Exhibit 17] By checking"Yes" above, the applicant also certifies that it, in coordination with other users of the site,will reduce power or cease operation as necessary to protect persons having access to the site, tower or antenna from radiofrequency electromagnetic exposure in excess of FCC guidelines. PREPARERS CERTIFICATION ON PAGE 3 MUST BE COMPLETED AND SIGNED. SECTION III - PREPARER'S CERTIFICATION I certify that I have prepared Section III (Engineering Data)on behalf of the applicant,and that after such preparation, I have examined and found it to be accurate and true to the best of my knowledge and belief. Name Relationship to Applicant(e.g., Consulting Engineer) MATTHEW FOLKERT ECIINICAL CONSULTANT Signature Date 3/10/2003 Mailing Address DLR,INC. 201 FLETCHER AVENUE City State or Country (if foreign address) Zip Code SARASOTA FL 34237- Telephone Number(include area code) E-Mail Address (if available) 9413296009 MATT@DLR.COM WILLFUL FALSE STATEMENTS ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT(U.S. CODE, TITLE 18, SECTION 1001),AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT(U.S. CODE,TITLE 47, SECTION 312(a)(1)),AND/OR FORFEITURE(U.S. CODE,TITLE 47,SECTION 503). Exhibits Exhibit 10 Description: COMPREHENSIVE TECHNICAL EXHIBIT-KLMO • REFERRAL LIST • NAME: Pilgrim Communications Inc. & Global American Enterprises Inc. CASE NUMBER: USR-1425 REFERRALS SENT: March 28, 2003 REFERRALS TO BE RECEIVED BY: April 23, 2003 COUNTY Ambulance Services TOWNS and CITIES _Attorney Ault X Berthoud _X Health Department Brighton Extension Service Broomfield Emergency Management Office Dacono Sheriffs Office Eaton X_Public Works Erie Housing Authority Evans Airport Authority Firestone _X Building Inspection Fort Lupton X_Code Enforcement Frederick STATE Garden City Division of Water Resources Gilcrest _X Geological Survey Greeley Department of Health Grover _X_Department of Transportation Hudson Historical Society _X_Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle Loveland Lochbuie _X Greeley Longmont Division of Minerals/Geology X_Mead FIRE DISTRICTS _X_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 X Johnstown F-8 La Salle F-9 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 XFederal Aviation Administration Windsor/Severance F-17 XFederal Communication Commission Wiggins F-18 Union Colony F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins _X School District RE-5J Greeley Ditch Company Longmont West Adams EXHIBIT _X Big Thompson COMMISSION/BOARD MEMBER B X John Folsom z 0 Referral List • Name: C Loki ,AYr`o16,O/,, 17_tHi r-rr,SE5 Case# 45(,- ( 4-EV County Towns&Cities Fire Districts _Attorney _Ault _Ault F-1 Health Department ! erthoud L1 _Berthoud F-2 _Extension Office _Brighton _Briggsdale F-24 _Emergency Management Office-Ed Herring _Dacono _Brighton F-3 _Sheriffs Office _Eaton _Eaton F-4 'ublic Works ✓ _Erie _Fort Lupton F-5 _Housing Authority _Evans _Galeton F-6 Airport Authority _Firestone _Hudson F-7 /Building Inspecliod..' _Fort Lupton 7LJohnstown F-8 /code Compliance U/ Frederick _LaSalle F-9 _Assessor Office/Chris Woodruff(Final Plan) Garden City _Mountain View F-10 _Kim Ogle(Landscape Plans) Gilcrest _Milliken F-11 Lin or Peggy(Addressing Change of Zone) _Greeley _Nunn F-12 Ambulance Services _Grover _Pawnee F-22 State Hudson _Platteville F-13 iv.of Water Resources /ohnstown • _Platte Valley F-14 . .Geological Survey _Keenesburg _Poudre Valley F-15 Department of Health _Kersey _Raymer F-2 1/Department of Transportation _LaSalle _Southeast Weld F-16 _Historical Society _Lochbuie _Union Colony F-26 Water Conservation Board _Longmont _Western Hills F-20 _Oil&Gas Conservation Commission ead l•-/ _Wiggins F-18 Division of Wildlife _Milliken U _Windsor/Severance F-17 South Hwy 66(Loveland) New Raymer forth Hwy 66(Greeley) ✓ _Northglenn Legal A P?E. - )IYK fr-f SWq 36-Li _Division of Minerals/Geology _Nunn Parcel ID# /05r1 30 CO(k 40 Soil Conservation Districts _Pierce Zone A9 Acres? N' I Big Thompson ✓ _Platteville USDA 6i J:-C Irr:3vac{7 _Boulder Valley Severance Airport kit/ _Brighton _Thornton Geo Haz Ni; _Centennial Windsor FP? NO Panel# C` "X6 6 NC. _Fort Collins Counties Road Impact Fee Area: _Greeley _Adams (#1 #2 ,#3 ✓ ,#4 ) _Longmont _Boulder IGA? ALl ORD# _Morgan _Broomfield MUD? Alp _Platte Valley _Larimer _Southeast Weld Other I CA "1- West Adams _Central Colo.Water Conservancy Dist Federal Government Agencies _Left Hand Water _US Army Corps of Engrs ✓School District RE- rJ -- v 9SDA-APHIS Vet Service Art Elmquist(MUD Area) u 44.1 v Federal Aviation Admin(Structures over Ditch Company, o er 200 ft or w/in 20000 ft of Pub Airport Commissioner I— Federal Communications Comm �`r� f cue-r-,r v,.../ j • ( tr..) Weld County Referral - March 28, 2003 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Pilgrim Communications Inc. & Case Number USR-1425 Global American Enterprises Inc. Please Reply By April 23, 2003 Planner Lance Unverzagt Project Site Specific Development Plan and Use by Special Review for a Major Facility of a Public Utility(199 foot Monopole Antenna Tower) in the(A)Agricultural Zone District. Legal Lot A. RE-2838; part SW4 Section 30,T4N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 13; South of CR 42. Parcel Number 1059 30 000040 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. Weld County Planning Commission Hearing (if applicable) May 20, 2003 ❑ 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: retie u\ O MLA C CC U1, E. (rnr+ tt pe r, ntm virnflia tr ul Veit,_ rc aI. Signature ?n6A,5OClel Date Li-(.06 Agency 7.151- 4.1\2\ ( t3c\i ! vri :•Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO. 80631 +x(970)353-6100 ext.3540 4(970)304-6498 fax Weld County Referral WI I P Co Weld County Planning Department GREELEY OFFICE March 28, 2003 APR 172003 COLORADO RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant Pilgrim Communications Inc. & Case Number USR-1425 Global American Enterprises Inc. Please Reply By April 23, 2003 Planner Lance Unverzagt Project Site Specific Development Plan and Use by Special Review for a Major Facility of a Public Utility (199 foot Monopole Antenna Tower)in the (A)Agricultural Zone District. Legal Lot A. RE-2838; part SW4 Section 30,T4N, R67W of the 6th P.M.,Weld County, Colorado. Location East of and adjacent to CR 13; South of CR 42. Parcel Number 1059 30 000040 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. Weld County Planning Commission Hearing (if applicable) May 20, 2003 ❑ 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 Date p Agency 1 S'D - 2, SeS— (+Weld County P nning Dept 41555 N. 17th Ave. Greeley,CO.80631 4(970)353-6100 ext.3540 :•(970)304-6498 fax 04/02/2003 11: 47 9705872678 MILLIKEN PAGE 01/01 d • RECEIVE) • APR 0 2 2003 re; d.; TOWN °OAKEN Weld County Referral Mdreh 28, 2003 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Pilgrim Communications Inc. & Case Number USR-1425 Global American Enterprises Inc. Please Reply By April 23,2003 Planner Lance Unverzagt Project Site Specic Development Plan and Use by Special Review for a Major Facility of a Public Utility(199 foot Monopole Antenna Tower)in the(A)Agricultural Zone District. Legal Lot A. RE-2838; part SW4 Section 30,T4N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 13; South of CR 42. Parcel Number 1059 30 000040 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. Weld County Planning Commission Hearing (if applicable) May 20, 2003 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 Date \�� Agency \� •.Weld County Planning Dept. •1555 N. 17th Ave. Greeley.CO.80631 4'(970)353.6100 ext.3540 4(970)304-6498 fax • Weld County Planning Department • � U/ 50- GREELEY OFFICE (Ci( • 3Qs1— APR 1 0 2003 191�,,�, ti\\C �, rie 6 RECEIVEDcv Weld Coun N 1 'Ferro, hh y ` 0441tral 03 lURe. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Pilgrim Communications Inc. & Case Number USR-1425 Global American Enterprises Inc. Please Reply By April 23, 2003 Planner Lance Unverzagt Project Site Specific Development Plan and Use by Special Review for a Major Facility of a Public Utility(199 foot Monopole Antenna Tower) in the (A)Agricultural Zone District. Legal \,1 Lot A. RE-2838; part SW4 Section 30,T4N, R67W of the 6th P.M., Weld County, Colorado. Location )f East of and adjacent to CR 13; South of CR 42. ----cal 1059 30 000040 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. Weld County Planning Commission Hearing (if applicable) May 20, 2003 ❑ 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: g f CCrITr Nn n v1 Signature du - (c Date 0703 Agency COOT- ACCQ SS ('Weld County Planning Dept. :1555 N. 17th Ave. Greeley,CO. 80631 ('(970)353-6100 ext.3540 ('(970)304-6498 fax • S MEMORANDUM 0 rit TO: LANCE UNVERZAGT,PLANNING SERVICES FROM: CHARLOTTE DAVIS, ENVIRONMENTAL HEALTH eA7 ' SUBJECT: USR-1425 PILGRIM COMMUNICATIONS INC. & , Department Il O GLOBAL AMERICAN ENTERPRISES INC. ICE • DATE: 04/23/2003 8 2003 COLORADO CC: APR 2RECEIVED Environmental Health Services has reviewed this proposal for a 199 foot Monopole Antenna Tower. We have no objections to the proposal, however, we do recommend that the following conditions be part of any approval: We recommend that the following requirements be incorporated into the permit as development standards: 1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. 4. Fugitive dust and fugitive particulate emissions shall be controlled on this site. 5. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C.R.S., as amended. 6. Bottled water shall be utilized for drinking and hand washing during construction of the Monopole 7. Adequate toilet facilities (port-a-potty) shall be provided during the construction of the Monopole. EXHIBIT 1 • FiF.CE\1 ''D APR 2003 WELDWO0'/CCOU iY^_ Weld County Referral IIIlID - March 28, 2003 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Pilgrim Communications Inc. & Case Number USR-1425 Global American Enterprises Inc. Please Reply By April 23, 2003 Planner Lance Unverzagt Project Site Specific Development Plan and Use by Special Review for a Major Facility of a Public Utility (199 foot Monopole Antenna Tower) in the (A)Agricultural Zone District. Legal Lot A. RE-2838; part SW4 Section 30,T4N, R67W of the 6th P.M.,Weld County, Colorado. Location East of and adjacent to CR 13; South of CR 42. 1 Parcel Number 1059 30 000040 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. Weld County Planning Commission Hearing (if applicable) May 20, 2003 ❑ 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 424L(1 ( � Date `��- ✓' Agency Ntdl.6- ••rWeld County Planning Dept. •:1555 N. 17th Ave.Greeley,CO.80631 •'x(970)353-6100 ext.3540 •'(970)304-6498 fax • d County Planning Department GR=FI FY OFF F MEMORANDUM bLL ' D ip TO: Kim Ogle, Planner Ill DATE: May 2, 2003 C FROM: Donald Carroll, Engineering Administrator pyy� • COLORADO SUBJECT: USsR-1425, Pilgrim Communications, Inc. & Global American Enterprises, Inc. The Weld County Public Works Department has reviewed this proposal; this project falls primarily under the purview of the Use by Special Review Standards for a major facility of a public utility (199-foot monopole antennae tower) in an agricultural zoned district. Lot A of Recorded Exemption 2838. Our Our comments and requirements are as follows: COMMENTS: WCR 13 is designated as a major arterial road, which requires a 140-foot right-of-way at full build out. There is presently a 60-foot right-of-way. The applicant needs to reserve an additional 40-foot right-of-way for future build out. REQUIREMENTS: Future Right-of-Way: WCR 13 is designated as a major arterial corridor requiring a 140-foot right-of-way at full build out. There is presently a 60-foot right-of-way. The applicant needs to reserve an additional 40-foot right-of-way for a total of 70 feet from the section line/center line of the road. This road is maintained by Weld County. Pursuant to the definition setback of Weld County Code, Chapter 23, Article 3, Section 23-3-50, the required setback is measured from the future right-of-way line. The relocation of the tower and copper wire field may be necessary to accommodate future right-of-way reservation. No portion of the tower or antennae groundplane should be in the future right-of-way area. Access: The applicant has identified a 60-foot ingress/egress easement from RE-2838 for the access to the facility. pc: USR-1425 M:\PLANNING\USR-2.doc • (7.1.; Z;t%. , Weld County Referral lopMarch 28, 2003 - '� C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Pilgrim Communications Inc. & Case Number USR-1425 Global American Enterprises Inc. Please Reply By April 23, 2003 Planner Lance Unverzagt Project Site Specific Development Plan and Use by Special Review for a Major Facility of a Public Utility(199 foot Monopole Antenna Tower) in the (A)Agricultural Zone District. Legal Lot A. RE-2838; part SW4 Section 30,T4N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 13; South of CR 42. Parcel Number 1059 30 000040 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. Weld County Planning Commission Hearing (if applicable) May 20, 2003 O We have reviewed the request and find that it does/does not comply with our Comprehensive Plan rSee have reviewed the request and find no conflicts with our interests. e attached letter. Comments: Signature �'�� `� Date / Z l 'zoo 3 c GG 1 Agency •Weld County Planning Dept. •:•1555 N. 17th Ave.Greeley,CO.80631 4-(970)353-6100 ext.3540 •(970)304-6498 fax • • tilt;e6- c 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 Fax (970) 304-6498 COLORADO April 21, 2003 Pilgrim Communications, Inc. & Global American Enterprises, Inc. Site Specific Development Plan and Use by Special Review for a Major Facility of a Public Utility (199 foot Monopole Antenna Tower) in the A (Agricultural) Zone District USR-1425 There are no active or historical building permits on record for this parcel. 1. A building permit shall be obtained for the tower and equipment building. 2. A plan review is required for each structure. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two plot plans are required when applying for the permit. 3. Structures shall conform to the requirements of the 1997 Uniform Building Code; 1998 International Mechanical Code; 1997 International Plumbing Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code. 4. 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 Chapter 23 of the Weld County Code. Offset and setback distances are measured from the farthest projection from the building. 5. 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, <7-#Q4 Jeff Reif Building Official Service,Teamwork, Integrity,Quality Old County Planning Department GREELEY OFFICE APR 2 4 2003 ritztt , RECEIVED Weld County Referral March 28, 2003 1111 D COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Pilgrim Communications Inc. & Case Number USR-1425 Global American Enterprises Inc. Please Reply By April 23, 2003 Planner Lance Unverzagt 1 Project Site Specific Development Plan and Use by Special Review for a Major Facility of a Public 1 Utility(199 foot Monopole Antenna Tower) in the (A)Agricultural Zone District. Legal Lot A. RE-2838; part SW4 Section 30, T4N, R67W of the 6th P.M.,Weld County, Colorado. Location East of and adjacent to CR 13; South of CR 42. Parcel Number 1059 30 000040 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. Weld County Planning Commission Hearing (if applicable) May 20, 2003 O We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and fnd no conflicts with our interests. See attachod-SettcrGnt s Vue+�r Comments: T�Ce intifibni ea.i tyi,Jo u.reuppt watt tt Felvud ru ll of tttt Brea a area /.ce q u)n¢- 200 E -f► iK o f r& irortsist Het r'N t�+u u9 oa Tc,.t Co,,tr.�.�tyal. , (.o�u,id At D -l�r V144, w r 4 pa-t- &ir -(twit (2.-tat . nnnT .t.c,.�ddn� Signature ��c,La4 D Few eve%awes Ad Date ( ? 200 3 Agency �YtJtn iw..t.�ct.Q mat-t s`/ AT NAT- :Weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO.80631 e(970)353-6100 ext.3540 :•(970)304-6498 fax Apr-28-03 02 :43P Color Geo _ Survey 303 #4 2174 P _ 01 rit t Q Weld County Referral lg ' March 28, 2003 _ __ C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Pilgrim Communications Inc. 8 Case Number USR-1425 Global American Enterprises Inc. Please Reply By April 23, 2003 Planner Lance Unverzagt Project Site Specific Development Plan and Use by Special Review for a Major Facility of a Public Utility(199 foot Monopole Antenna Tower) in the(A)Agricultural Zone District. Legal Lot A. RE-2838; part SW4 Section 30, T4N, R67W of the 6th P.M.,Weld County, Colorado. Location East of and adjacent to CR 13;South of CR 42. Parcel Number 1059 30 000040 ._.,..._....._—..._a ,. ,-----_____,-_ __,,,,, ,,,,,,,,,,_^ ,_—_,-,,,,,_,,,,,_, 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. Weld County Planning Commission Hearing (if applicable) May 20, 2003 O We have reviewed the request and find that it does/does not comply with our Comprehensive Plan O We have reviewed the request and find no conflicts with our interests. $ See attached letter. Comments: Signature L 6Yl_ Date 4 129 ( n i 1 It /� f Agency G0l0✓Cs A t 6 w,!n. q r erg ` vs ¢-Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax STATE O? COLORADO COLORADO GEOLOGICAL SURVEY _ Department of Natural Resources 1313 Sherman Street, Room 715 M� D Wilit Denver, Colorado 80203 2Q o3 ' Phone 303.866.2611 Weld County Planning Department DEPARTMENT OF Fax 303.866.2461 GREFLFY OFFICE NATURAL MAY 7 2003 RESOURCES Bill Owens April 28, 2003 RE C E g 1\J E d Governor �r Y Greg E.Welcher Lance Unverzagt Legal Description: Executive Director Weld County SW'/<of Section 30, Ron Division Cattany Department of Planning Services on Director 1555 N. 17th Ave. T4N, R67W of the 6 P.M. Ron Acting state Geologist Greeley, CO 80631 and Director Subject: Review of 199-foot Monopole Antenna Tower Site Specific Development Plan Case No. USR-1425; Weld County,CO; CGS Unique No.WE-03-0034 Dear Mr. Unverzagt: Colorado Geological Survey has completed its site visit and review of the above-referenced development plan. I understand the applicant proposes to construct a 199-foot radio tower on this 5-acre parcel. With this referral, I received a Geotechnical Exploration report by Scott, Cox&Associates, dated February 24, 2003. I visited the site on April 17,2003. I did not observe any site conditions that would preclude the proposed development. Scott, Cox&Associates' Geotechnical Exploration report contains appropriate recommendations for foundation design and construction based on an anchored tower design. I understand that the proposed tower is now a monopole design. Provided the necessary pier length, diameter and reinforcement design modifications are made by a qualified structural engineer to accommodate the revised tower plans, Colorado Geological Survey does not have any conflicts with this project. If you have questions or need clarification of issues identified during this review,please call me at(303) 894- 2173, or e-mailjill.carlson@stat .co.us. Sincerely, ly U/Y IfJan Jil Carlson, C.E.G. Engineering Geologist C:\Carlson LURs\Weld Monopole Antenna Tower.doc 4:45 PM,04/28/2003 Rpr 07 03 12: 05p Ron Crider• 303 774 9505 p. 1 • AERONAUTICAL STUDY NO. Federal Aviation Administration 2003 ANM-708'OE t Northwest Mountain Regional Office 2003- STUDY O. If 1601 Lin AVeriue SW-ANN-520 ` i Renton, WA 98055-4056 PRIORIssued Date: 3/31/2003 Ron Crider 2450 Airport Road, Suite G363 Longmont, CO 80503 ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has completed an aeronautical study under the provisions of 49 O.S.C. , Section 44118 and, if applicable, Title 14 of the Code of Federal Regulations, part 77, concerning: Structure Type: Antenna Tower Location: Johnstown, CO Latitude: 40-16-51 N.AD83 Longitude: 104-56-25 Heights: 199 feet above ground level (AGL) 5202 feet above mean sea level (AMSLI This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s) , if any, isiare) met: As a condition to this Determination, the structure should be marked and/or lighted in accordance with FAA Advisory Circular 70/7460-1 AC70/7460-1K, Obstruction Marking and Lighting, a med-dual system - Chapters 4,8 (M-Dual) ,&12. This determination expires on 9/30/2004 unless: (a) extended, revised or terminated by the issuing office. (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequer_cy(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, recuires separate notice to the FAA. Apr 07 03 12: 05p Ron Crider 303 774 9505 p. 2 This determination does include temporary construction equipment such as cranes, derricks, etc. , which may be used during actual construction of the indicated. o E. this mentgwhiich has ipment shall heightegreater the thanoverall studiedheights as indicated above. Equip structure requires separate notice to the FAA. ture on he safe and offs determination ale the effairspace ct of this byaircraftsandcdoes ottrelieve the sponsor o use of navigable responsibilities to any law, ordinance, or sponsor of compliance reaponsibiiities relating regulation of any Federal, State, or local government body. A copy of this determination will be forwarded to the Federal Communications Commission if the structure is subject to their licensing authority. If we can be of further assistance, please contact our office at(425)227-2537. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2003-ANN-708-0E. (DNE) Oc James Riley Specialist Rpr '07 03 12: 05p Ron Crider 303 774 9505 p• � Frequency Data for ASN 2003-ANB[-706-OE LOW HIGE FREQUENCY ERP FREQUENCY FREQUENCY UNIT ERB UNIT 1060 C KHz 30 EK Frequency Attachment (ENE) di USR- 1258 2000 hd Dai . rY • _- il __. ii low- 1 . 1 L / - IS 4 tool • kaismi 1 4 r 1 7 • \ I 30 I i _ . I _ . CO rill . It e'liV") ifgt. i _ - 1 CR 40 ;f- I USR - 58 _ 1 Nat Gas , / , , • THE PROPOSED • PILGRIM COMMUNICATIONS , INC . AN/ RADIO TO WI SITE LOT A OF CORRECTED RECORDED EXEMPTION NO. 'I05B-30-3—RE-293S. BEING A PORTION OF THE SOUTHWEST OUARTER OF SECTION 30. TOWNSHIP 4 NORTH. RANGE 67 WEST OF THE 6TH P.M.. COUNTY OF WELD. STATE OF COLORADO. W 1/4 Ca. Sac J0-4-67 rr I.sate./V.I/2" ran pa 4 Manua Ow soar a loam law MOpR 14 F $ I 25 30 T45 R6eM RUM g .4 o k �s 1094 a.enrm• a.nmm C420•33171 SSW 0.ar.rs 4Num M.a c.`mavN t (Ol D.1515YS C R.I660.00' ,%' C� L.443.54' C.S26'43'52T mod,t_R(^C 442.33' 7, 'O I ^ itOVERAU. CURVE: D.3C44.08 ' R.1660.00• • A 1.1122.2]• R I C.53,26%33 1101.02•E ANTENNA OROUNDPLANE I EASEMENT 1212 An. 52,700.00 SF yn' o.139t15te• 8.234.00' WOO' \ L.556.05• -•- -•—Irc;=. C.54156'37t F'• 436.49' ��mm \� NOT Okay oar. I :�: '1 RPI w_T,r I LOT A 0 97± . . 0 a I �\ ''Y' t � ea c r XI •m+ '7Q 9900 / .4N 0n Nw3..I. O e Cit. Iarmy-Goa aNw0.w ^ ete7D• -rte SW COR. 1 war 58T47.19'E u.27.1"."71 T er 4. Sac 30-4-61y 683.9S' Pk"Ca Ilimaint Ills motel is*O.arm IAN iI I I a6m'r♦an a EA C W R61M Y LNawwl a{.s aNaatp,5�3�4Irserisi r I J0-C=I3 I trOt °9s LOT C, CORRECTEDs 10e55 RE-2858 NOT TO SCALE APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: March 20,2003 1 1 1 1 H Street,P.O.Box 758, Greeley,CO 80632 Phone: (970)356-4000, Ext. 3750 Fax: (970)304-6497 l. Applicant Name: Pilgrim Communications/Global American Enterprises Phone: (303)485-0370 Address: 2450 Airport Road,G363, Longmont,CO 80503 2. Address or location of access: WCR 13 Section: 30 Township:4N Range: 67W Subdivision n/a Block Lot Weld County Road#: 13 Side of Road: East Distance from nearest intersection: ''A mile 3. Is there an existing access to the property? No 4. Proposed Use: Antenna Tower 5. Site Sketch t N L Legend for Access Description: ,PaVr. AGR= Agricultural RES = Residential O&G= Oil&Gas JN D.R. = Ditch Road ProfeS6p .,J c.2 7O1 OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ***************************************tit************tit********************************************* Installation authorized ❑ Information Insufficient Reviewed By: Title: File contains oversized copy of Design Plans Please See Original File mK- diur CopyFor}`our7�eeorlls' • !�� • Cotter r�-a1ty r� -- ® 903 Mountain Avenue hankYOU Berthoud.CO 80613 4 l Bus(9mp632-2696 F•ax.(9n0)532-2696 From.The Cook, ean6 e printed portions of this form have been approved by 1 the Colorado Real Estate Commission. (CBS 3-9-99) I 2 3 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX 4 OR OTHER COUNSEL BEFORE SIGNING. 5 6 CONTRACT TO BUY AND SELL REAL ESTATE 7 (VACANT LAND-FARM-RANCH) 8 Date: JANUARY 10, 2003___ 9 10 1. AGREEMENT. Buyer agrees to buy and the undersigned Seller agrees to sell the Property defined below on the terms and 11 conditions set forth in this contract. 12 2. DEFINED TERMS. 13 a. Buyer. Buyer, PILGRIM__O0MMUNTIONS,JNSL,A COLORADO CORPORATION , will take title to the real 14 property described below as ' Joint Tenants 1IEA7 Tenants In Common 17 Other N/A 15 b. Property. The Property is the following legally described real estate: 16 LOT A-RE-2838 OF RECORDED EXEMPTION NO. 1059-30-3-RE-2838. THE ATTACHED LEGAL DESCRIPTION 17 MARKED AS EXHIBIT"A'SHALL HEREBY BE MADE A PART OF THIS CONTRACT BY REFERENCE. 18 in the County of WELD ,Colorado, 19 commonly known as No T.B.DzWELD COUNTY ROAD 13 J0HNST0WN_G_OLOR_ADO 80534 _ 20 Street Address City State Zip 21 together with the interests,easements,rights, benefits,improvements and attached fixtures appurtenant thereto,all interest of Seller in 22 vacated streets and alleys adjacent thereto,except as herein excluded. 23 c. Dates and Deadlines. 24 Item No. Reference Event Date or Deadline i 1 §5a Loan Application Deadline N/A 2 §5b Loan Commitment Deadline N/A 3 § 5c Buyer's Credit Information Deadline N/A 4 Credit i Disapproval of Buyer's Deadline N/A 5 §5d Existing Loan Documents Deadline h N/A 6 §5d Objection to Existing Loan Deadline N/A 7 1! §5d Approval of Loan Transfer Deadline N/A 8 §6a Appraisal Deadline N/A 9 §7a Title Deadline EJANUARY 29, 2003 10 §7a Survey Deadline I FEBRUARY 13, 2003 11 §7b Document Request Deadline FEBRUARY 7, 2003 12 §8a Title Objection Deadline I FEBRUARY 13, 2003 13 § 8b r Off-Record Matters Deadline JANUARY 29, 2003 14 §8b Off Record Matters Objection Deadline FEBRUARY 7, 2003 15 § 10 Seller's Property Disclosure Deadline _JANUARY 29, 2003 16 § 10a I Inspection Objection Deadline FEBRUARY 28, 2003 17 § 10b Resolution Deadline MARCH 14, 2003 18 § 11 : Closing Date i MARCH 28, 2003 19 § 16 Possession Date MARCH 28, 2003 20 § 16 Possession Time CONCLUSION OF CLOSING 21 §28 I Acceptance Deadline Date JANUARY 16, 2003 22 §28 Acceptance Deadline Time MIDNIGHT 24 F.A.A.APPROVAL MARCH 14, 2003 N/A N/A N/A • N/A ---- , N/A ; N/A _..25 --- 26 d. Attachments. The following exhibits,attachments and addenda are a part of this contract: 27 LEGAL DESCRIPTION MARKED AS_EXHIBIT."A ',,CL0SINQINS-TBUCTI0NS-AND BD24-1-03 28 ... _. . check o -i-- -m a is —. . _--_— 29 e. Applicability of Terms. A check or similar mark in a box means that such provision is applicable. The abbreviation"N/A" 30 means not applicable. 31 3. INCLUSIONS AND EXCLUSIONS. 32 a. The Purchase Price includes the following items(Inclusions): 33 (1) Fixtures. If attached to Property on the date of this contract, lighting, heating, plumbing, ventilating,and air 34 conditioning fixtures, inside telephone wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems, 35 sprinkler systems and controls,and NONE OTHER,__ 36 37 38 (2) Other Inclusions. If on the Property whether attached or not on the date of this contract: storm windows, storm 39 doors,window and porch shades,awnings,blinds,screens,window coverings,curtain rods,drapery rods,storage sheds,and all keys. 40 Check box if included: Smoke/Fire Detectors, [-I Security Systems;and NONE OTHER. 41 42 43 (3) Trade Fixtures. With respect to trade fixtures,Seller and Buyer agree as follows: NONE OTHER. 44 45 -_ 46 (4) Water Rights. The following legally described water rights: 47 NO WATER RIGHTS SHALL BE TRANSFERRED FROM SELLER TO BUYER. 48 49 50 51 52 53 54 (5) Growing Crops. With respect to the growing crops Seller and Buyer agree as follows: 55 NONE OTHER. 56 57 CBS 3-9-99 Contract to Buy and Sell Real Estate(Vacant Land-Farm-Ranch) Page 1 of 6- ', This roan produced by: Forrnu/ator-f0 r ur.mv,• ao0-336.1o2r Buyer Initials Seller Initials •58 b. Instruments of Transfer. The Inclusions are to be conveyed at Closing a and clear of all taxes, liens and 59 encumbrances,except as provided in§ 12.Conveyance shall be by bill of sale or other applicable legal instrument(s). Any water rights 60 shall be conveyed by _ N/A _ deed or other applicable legal instrument(s). 61 c. Exclusions. The following attached fixtures are excluded from this sale: NONE OTHER. 62 • 63 4. PURCHASE PRICE AND TERMS. The Purchase Price set forth below shall be payable in U. S. Dollars by Buyer as 64 follows: 65 Item No. Reference: j Item Amount ' Amount ' 1 i §4 I Purchase Price $ 170,000.00 2 '. §4a —I-Earnest Money _,.. $ 10,000.00 I 3 §4b New Loan __.. N/A I 4 §4c I Assumption Balance _-- N/A WA 1 6 TOTAL §4e ash $at Clos n9 165,000.00 Financing 175,000.00 $ 175,000.00 7 66 67 a. Earnest Money.The Earnest Money set forth in this Section,in the form of CORPORATE CK. , is part payment of the 68 Purchase Price and shall be payable to and held by ,COTTAGE REALTY_ in its trust account, on behalf of both Seller and 69 Buyer.The parties authorize delivery of the Earnest Money deposit to the Closing Company,if any,at or before Closing. 70 b. New Loan. Buyer shall obtain a new loan set forth in this Section and as follows: 71 ' Conventional ' I Other N/A-__ --------- ---- 72 This loan will be secured by a N/A __(1st,2nd,etc.)deed of trust. 73 The total loan amount, not in excess of$ N/A , shall be amortized over a period of N/A -_ [1 years 74 I ' months, payable at approximately$ N/A _per N/A_._.including principal and interest not to exceed N/% 75 per annum, plus,if required by Buyer's lender,a monthly deposit of- N/A of the estimated annual real estate taxes and property 76 insurance premium. If the loan is an adjustable interest rate or graduated payment loan,the payments and interest rate initially shall not 77 exceed the figures set forth above. 78 Loan discount points, if any, shall be paid to lender at Closing and shall not exceed N/A °/0 of the total loan amount. 79 Notwithstanding the loan's interest rate,the first N/A loan discount points shall be paid by N/A___ , and the balance, if any,shall 80 be paid by _-_ N/A 81 Buyer shall timely pay Buyer's loan costs and a loan origination fee not to exceed N/A °/0 of the loan amount. 82 c. Assumption. Buyer agrees to assume and pay and existing loan in the approximate amount of the Assumption 83 Balance set for the in this Section, presently payable at$ - _ N/A per _ N/A -.including principal, interest 84 presently at N/A%per annum,and also including escrow for the following as indicated: 85 ; Real Buyer agrees e • 86 to pay Insurance Premium,and N/A. -- ay a loan transfer fee not to exceed$ N/A , At the time of assumption, the new interest 87 rate shall not exceed N/A% per annum and the new payment shall not exceed $ _N/A _ principal and interest, plus 88 escrow, if any. If the actual principal balance of the existing loan at Closing is less than the Assumption Balance,which causes the 89 amount of cash required from Buyer at Closing to be increased by more than $ N/A __.,then' Buyer May Terminate this 90 contract effective upon receipt by Seller of Buyer's written notice of termination or ' I N/A. . . 91 N/A - • 92 - • 93 Seller Shall Shall Not be released from liability on said loan. If applicable, compliance with the requirements for 94 release form liability shall be evidenced by delivery at Closing of appropriate letter of commitment from lender. 95 Cost payable for release of liability shall be paid by N/A _in an amount not to exceed$ N/A 96 d. Seller or Private Financing. Buyer agrees to execute a promissory note payable to: N/A 97 ,as Joint Tenants I ' Tenants in Common t-i Other N/A _. . .. .-,on the note form as indicated: 98 (UCCC-No Default Rate)NTD 82-3-95 I ! (Default Rate)NTD 81-11-83 99 I Other N/A secured by a N/A._(1st, 2nd,ect.)deed of trust encumbering the Property, 100 using the form as indicated: I ! _ Strict Due-On-Sale (TD 72-7-96) 11: Creditworthy (TD 73-7-96) 101 I ! Assumable-Not Due On Sale(TD 74-7-96) 1' Other N/A 102 Buyer I I Shall I ' Shall Not execute and deliver,at Closing,a Security Agreement and UCC-1 Financing Statement granting 103 the holder of the promissory note a N/A_ (1st, 2nd, ect.)lien on the personal property included in this sale.The promissory 104 note shall be amortized on the basis of N/A L.'years''-'months, payable at $ N/A per N/A including 105 principal and interest at the rate of N/A% per annum. Payments shall commence _ N/A and shall be due on the 106 N/A _ day of each succeeding N/A . If not sooner paid,the balance of principal and accrued interest shall be 107 due and payable N/A _. after Closing. Payments -I Shall ' Shall Not be increased by 108 N/A of estimated annual real estate taxes,and 1.-1 Shall L! Shall Not be increased by - N/A of the estimated annual 109 property insurance premium.The loan shall also contain the following terms: if any payment is not received within N/A calendar 110 days after its due date,a late charge of N/A%of such monthly payment shall be due.Interest on lender disbursements under the deed 111 of trust shall be N/A% per annum. Default interest rate shall be N/A%per annum. Buyer may prepay without a penalty except N/A __- 112 N/A 113 Buyer I 1 Shall Shall Not provide a mortgagee's title insurance policy,at Buyer's expense. 114 e. Cash at Closing. All amounts paid by Buyer at Closing including Cash at Closing, plus Buyer's closing costs, shall 115 be in funds which comply with all applicable Colorado laws,which include cash,electronic transfer funds,certified check,savings and 116 loan teller's check and cashier's check(Good Funds). 117 5. FINANCING CONDITIONS AND OBLIGATIONS. 118 a. Loan Application. If Buyer is to pay all or part of the Purchase Price by obtaining a new loan,or if an existing loan 119 is not to be released at Closing,Buyer,if required by such lender,shall make written application by Loan Application Deadline(§2c). 120 Buyer shall cooperate with Seller and lender to obtain loan approval, diligently and timely pursue same in good faith, execute all 121 documents and furnish all information and documents required by lender,and,subject to§4,timely pay the costs of obtaining such loan 122 or lender consent. Buyer agrees to satisfy the reasonable requirements of lender, and shall not withdraw the loan or assumption 123 application, nor intentionally cause any change in circumstances which would prejudice lender's approval of the loan application or 124 funding of the loan. 125 b. Loan Commitment. If Buyer is to pay all or part of the Purchase Price by obtaining a new loan as specified in §4b, 126 this contract is conditional upon Buyer obtaining a written loan commitment including, if required by lender, (1)lender verification of 127 employment, (2)lender approval of Buyer's credit-worthiness, (3)lender verification that Buyer has sufficient funds to close, and(4) 128 specification of any remaining requirements for funding said loan.This condition shall be deemed waived unless Seller receives from 129 Buyer, no later than Loan Commitment Deadline(§ 2c), written notice of Buyer's inability to obtain such loan commitment. If Buyer 130 so notifies Seller, this contract shall terminate. IF BUYER WAIVES THIS CONDITION BUT DOES NOT CLOSE, BUYER 131 SHALL BE IN DEFAULT. 132 c. Credit Information. If Buyer is to pay all or part of the Purchase Price by executing a promissory note in favor of 133 Seller or if an existing loan is not to be released at Closing,this contract is conditional upon Seller's approval of Buyer's financial ability 134 and creditworthiness,which approval shall be at Seller's sole and absolute discretion. In such case: (1)Buyer shall supply to Seller by 135 Buyer's Credit Information Deadline(§2c),at Buyer's expense,information and documents concerning Buyer's financial,employment 136 and credit condition;(2)Buyer consents that Seller may verify Buyer's financial ability and creditworthiness (including obtaining a CBS 3-9-99 Contract to Buy and Sell Real Estate(Vacant Land-Farm-Ranch) Page 2 of 6 !, Buyer Initials Seller Initials This form produced by. Formulator for Window• 600-336-1027 137 current credit report);(3)any such information and documents received by Seller shall be held by Seller in confidence,and not released 138 to others except to protect Seller's interest in this transaction;(4)if Seller does not provide written notice of Seller's disapproval to Buyer 139 by Disapproval of Buyer's Credit Deadline (§ 2c), then Seller waives this condition. If Seller does provide written notice of 140 disapproval to Buyer on or before said date,this contract shall terminate. 141 d. Existing Loan Review. If an existing loan is not to be released at Closing, Seller shall provide copies of the loan 142 documents(including note,deed of trust,and any modification)to Buyer by Existing Loan Documents Deadline(§2c). This contract 143 is conditional upon Buyer's review and approval of the provisions of such loan documents. If written notice of objection to such loan 144 documents,signed by Buyer,is not received by Seller by the Objection to Existing Loan Deadline(§2c), Buyer accepts the terms and 145 conditions of the document. If the lender's approval of a transfer of the Property is required,this contract is conditional upon Buyer's 146 obtaining such approval without change in the terms of such loan, except as set forth in§4c. If lender's approval is not obtained by 147 Approval of Loan Transfer Deadline(§ 2),this contract shall terminate on such date. If Seller is to be released from liability under 148 such existing loan and Buyer does not obtain such compliance as set forth in§4c,this contract may be terminated at Seller's option. 149 6. APPRAISAL PROVISIONS. 150 a. Appraisal Condition. This subsection a. Shall X Shall Not apply. 151 Buyer shall have the sole option and election to terminate this contract if the Purchase Price exceeds the Property's valuation 152 determined by an appraiser engaged by __. N/A The contract shall terminate by Buyer giving Seller written notice 153 of termination and either a copy of such appraisal or written notice from lender which confirms the Property's valuation is less than the 154 Purchase Price,received on or before the Appraisal Deadline(§2c). If Seller does not receive such written notice of termination on or 155 before the Appraisal Deadline(§2c), Buyer waives any right to terminate under this subsection. 156 b. Cost of Appraisal. Cost of any appraisal to be obtained after the date of this contract shall be timely paid by 157 I Buyer Seller. 158 7. EVIDENCE OF TITLE. 159 a. Evidence of Title; Survey. On or before Title Deadline (§ 2c), Seller shall cause to be furnished to Buyer, at 160 Seller's expense, a current commitment for owner's title insurance policy in an amount equal to the Purchase Price or if this box is 161 checked, ' An Abstract of title certified to a current date. If a title insurance commitment is furnished, it Shall X Shall Not 162 commit to delete or insure over the standard exceptions which relate to: 163 (1) parties in possession, 164 (2) unrecorded easements, 165 (3) survey matters, 166 (4) any unrecorded mechanics'liens, 167 (5) gap period(effective date of commitment to date deed is recorded),and 168 (6) unpaid taxes,assessments and unredeemed tax sales prior to the year of Closing. 169 Any additional premium expense to obtain this additional coverage shall be paid by X Buyer Seller.An amount not to 170 exceed $ T.B.D. _.. for the cost of any improvement location certificate or survey shall be paid by X Buyer I Seller. If 171 the cost exceeds this amount, BUYER _-shall pay the excess on or before Closing.The improvement location certificate 172 or survey shall be received by Buyer on or before Survey Deadline(§2c). Seller shall cause the title insurance policy to be delivered 173 to Buyer as soon as practicable at or after Closing. 174 b. Copies of Exceptions. On or before Title Deadline(§ 2c), Seller, at Seller's expense, shall furnish to Buyer, (1)a 175 copy of any plats, declarations, covenants, conditions and restrictions burdening the Property,and (2)if a title insurance commitment 176 is required to be furnished, and if this box is checked X Copies of any Other Documents (or, if illegible, summaries of such 177 documents)listed in the schedule of exceptions(Exceptions). Even if the box is not checked,Seller shall have the obligation to furnish 178 these documents pursuant to this subsection if requested by Buyer any time on or before the Document Request Deadline (§2c). 179 This requirement shall pertain only to documents as shown of record in the office of the clerk and recorder(s). The abstract or title 180 insurance commitment,together with any copies or summaries of such documents furnished pursuant to this Section, constitute the 181 title documents(Title Documents). 182 8. TITLE. 183 a. Title Review. Buyer shall have the right to inspect the Title Documents. Written notice by Buyer of 184 unmerchantability of title or of any other unsatisfactory title condition shown by the Title Documents shall be signed by or on behalf of 185 Buyer and given to Seller on or before Title Objection Deadline(§2c),or within five(5)calendar days after receipt by Buyer of any 186 Title Document(s)or endorsement(s)adding new Exception(s)to the title commitment together with a copy of the Title Document 187 adding new Exception(s)to title. If Seller does not receive Buyer's notice by the date(s)specified above, Buyer accepts the condition of 188 title as disclosed by the Title Documents as satisfactory. 189 b. Matters not Shown by the Public Records. Seller shall deliver to Buyer, on or before Off-Record Matters 190 Deadline(§ 2c)true copies of all lease(s)and survey(s)in Seller's possession pertaining to the Property and shall disclose to Buyer all 191 easements, liens or other title matters not shown by the public records of which Seller has actual knowledge. Buyer shall have the right 192 to inspect the Property to determine if any third party(ies)has any right in the Property not shown by the public records(such as an 193 unrecorded easement, unrecorded lease,or boundary line discrepancy).Written notice of any unsatisfactory condition(s)disclosed by 194 Seller or revealed by such inspection shall be signed by or on behalf of Buyer and given to Seller on or before Off-Record Matters 195 Objection Deadline(§2c). If Seller does not receive Buyer's notice by said date, Buyer accepts title subject to such rights, if any,of 196 third parties of which Buyer has actual knowledge. 197 c. Special Taxing Districts.SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT 198 IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS.PROPERTY OWNERS IN 190 SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH 200 DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH 201 AN INCREASE IN MILL LEVIES. BUYER SHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION 202 INDEBTEDNESS OF SUCH DISTRICTS,EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH INDEBTEDNESS,AND THE POTENTIAL FOR 203 AN INCREASE IN SUCH MILL LEVIES. 204 In the event the Property is located within a special taxing district and Buyer desires to terminate this contract as a result, if 205 written notice is received by Seller on or before Off-Record Matters Objection Deadline (§2c),this contract shall then terminate. 206 If Seller does not receive Buyer's notice by such date, Buyer accepts the effect of the Property's inclusion in such special taxing 207 district(s)and waives the right to so terminate. 208 d. Right to Cure. If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition(s)or 209 commitment terms as provided in§ 8 a or b above,Seller shall use reasonable effort to correct said items and bear any nominal expense 210 to correct the same prior to Closing. If such unsatisfactory title condition(s)are not corrected on or before Closing, this contract shall 211 then terminate;provided,however,Buyer may, by written notice received by Seller,on or before Closing,waive objection to such items. 212 e. Title Advisory.The Title Documents affect the title, ownership and use of the Property and should be reviewed 213 carefully. Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of the Property, 214 including without limitation boundary lines and encroachments,area,zoning, unrecorded easements and claims of easements, leases 215 and other unrecorded agreements, and various laws and governmental regulations concerning land use, development and 216 environmental matters. THE SURFACE ESTATE MAY BE OWNED SEPARATELY FROM THE UNDERLYING MINERAL 217 ESTATE, AND TRANSFER OF THE SURFACE ESTATE DOES NOT NECESSARILY INCLUDE TRANSFER OF THE MINERAL 218 RIGHTS. THIRD PARTIES MAY HOLD INTERESTS IN OIL, GAS, OTHER MINERALS, GEOTHERMAL ENERGY OR 219 WATER ON OR UNDER THE PROPERTY, WHICH INTERESTS MAY GIVE THEM RIGHTS TO ENTER AND USE THE 220 PROPERTY. Such matters may be excluded from the title insurance policy. Buyer is advised to timely consult legal counsel with 221 respect to all such matters as there are strict time limits provided in this contract (e.g., Title Objection Deadline 222 [§ 2c1 and Off-Record Matters Objection Deadline[§2c]). CBS 3-9-99 Contract to Buy and Sell Real Estate(Vacant Land- Farm-Ranch) Page 3 of 6 Buyer Initials Seller Initials This form produced by: Formulator-fir wmrowo° 8W-336-1027 • • 223 9. LEAD-BASED PAINT. Unless exempt, if the improvements on the Property include one or more residential dwelling(s)for 224 which a building permit was issued prior to January 1,1978,this contract shall be void unless a completed Lead-Based Paint Disclosure 225 (Sales)form is signed by Seller and the required real estate licensee(s),which must occur prior to the parties signing this contract. 226 10. PROPERTY DISCLOSURE AND INSPECTION. On or before Seller's Property Disclosure Deadline (§ 2c), Seller 227 agrees to provide Buyer with a written disclosure of adverse matters regarding the Property completed by Seller to the best of Seller's 228 current actual knowledge. 229 a. Inspection Objection Deadline. Buyer shall have the right to have inspection(s)of the physical condition of the 230 Property and Inclusions, at Buyer's expense. If the physical condition of the Property or Inclusions is unsatisfactory in Buyer's 231 subjective discretion, Buyer shall,on or before Inspection Objection Deadline(§2c): 232 (1) notify Seller in writing that this contract is terminated,or 233 (2) provide Seller with a written description of any unsatisfactory physical condition which Buyer requires 234 Seller to correct(Notice to Correct). 235 If written notice is not received by Seller on or before Inspection Objection Deadline (§2c), the physical condition of the 236 Property and Inclusions shall be deemed to be satisfactory to Buyer. 237 b. Resolution Deadline.If a Notice to Correct is received by Seller and if Buyer and Seller have not agreed in writing 238 to a settlement thereof on or before Resolution Deadline (§ 2c), this contract shall terminate one calendar day following the 239 Resolution Deadline(§ 2c),unless before such termination Seller receives Buyer's written withdrawal of the Notice to Correct. 240 c. Damage; Liens;Indemnity. Buyer is responsible for payment for all inspections, surveys, engineering reports or 241 for any other work performed at Buyer's request and shall pay for any damage which occurs to the Property and Inclusions as a result of 242 such activities. Buyer shall not permit claims or liens of any kind against the Property for inspections,surveys,engineering reports and 243 for any other work performed on the Property at Buyers request. Buyer agrees to indemnify,protect and hold Seller harmless from and 244 against any liability,damage,cost or expense incurred by Seller in connection with any such inspection, claim, or lien.This indemnity 245 includes Seller's right to recover all costs and expenses incurred by Seller to enforce this subsection, including Seller's reasonable 246 attorney fees.The provisions of this subsection shall survive the termination of this contract. 247 11. CLOSING. Delivery of deed(s)from Seller to Buyer shall be at Closing (Closing). Closing shall be on the date specified as 248 the Closing Date (§2c) or by mutual agreement at an earlier date. The hour and place of Closing shall be as designated 249 by THE COTTAGE REALTY,LTG.____._. 250 12. TRANSFER OF TITLE.Subject to tender or payment at Closing as required herein and compliance by Buyer with the other 251 terms and provisions hereof,Seller shall execute and deliver a good and sufficient GENERAL WARRANTY deedto Buyer,at Closing, 252 conveying the Property free and clear of all taxes except the general taxes for the year of Closing. Except as provided herein,title shall 253 be conveyed free and clear of all liens, including any governmental liens for special improvements installed as of the date of Buyer's 254 signature hereon,whether assessed or not.Title shall be conveyed subject to: 255 a. those specific Exceptions described by reference to recorded documents as reflected in the Title Documents 256 accepted by Buyer in accordance with§Ba[Title Review], 257 b. distribution utility easements, 258 c. those specifically described rights of third parties not shown by the public records of which Buyer has actual 259 knowledge and which were accepted by Buyer in accordance with§8b[Matters Not Shown by the Public Records],and 260 d. inclusion of the Property within any special taxing district,and 261 e. the benefits and burdens of any declaration and party wall agreements,if any,and 262 f. other NONE OTHER,_ — 263 13. PAYMENT OF ENCUMBRANCES.Any encumbrance required to be paid shall be paid at or before Closing from the 264 proceeds of this transaction or from any other source. 265 14. CLOSING COSTS; DOCUMENTS AND SERVICES. Buyer and Seller shall pay, in Good Funds, their respective Closing 266 costs and all other items required to be paid at Closing,except as otherwise provided herein. Buyer and Seller shall sign and 267 complete all customary or reasonably required documents at or before Closing. Fees for real estate Closing services shall be 268 paid at Closing by 269 X One-Half by Buyer and One-Half by Seller I ! Buyer ! Seller 270 III Other N/A • 271 The local transfer tax of N/A %of the Purchase Price shall be paid at Closing by I I Buyer i Seller.Any sales and 272 use tax that may accrue because of this transaction shall be paid when due by l Buyer I Seller. 273 15. PRORATIONS. The following shall be prorated to Closing Date(§2c),except as otherwise provided: 274 a. Taxes. Personal property taxes, if any, and general real estate taxes for the year of Closing, based on 275 X The Taxes for the Calendar Year Immediately Preceding Closing LI The Most Recent Mill Levy and Most Recent Assessment 276 Other 277 b. Rents. Rents based on 1 Rents Actually Received I ! Accrued. Security deposits held by Seller shall be 278 credited to Buyer. Seller shall assign all leases to Buyer and Buyer shall assume such leases. 279 N/A 280 c. Other Prorations. Water,sewer charges;and interest on continuing loan(s), if any;and 281 N/A 282 d. Final Settlement. Unless otherwise agreed in writing,these prorations shall be final. 283 16. POSSESSION. Possession of the Property shall be delivered to Buyer on Possession Date and Possession Time(§2c), 284 subject to the following lease(s)or tenancy(s):N/A 285 • 286 If Seller, after Closing,fails to deliver possession as specified,Seller shall be subject to eviction and shall be additionally liable 287 to Buyer for payment of$ 0.00 per day from the Possession Date(§2c)until possession is delivered. 288 17. NOT ASSIGNABLE:This contract shall not be assignable by Buyer without Seller's prior written consent. Except as so 289 restricted,this contract shall inure to the benefit of and be binding upon the heirs,personal representatives,successors and assigns of 290 the parties. 291 18. CONDITION OF,AND DAMAGE TO PROPERTY AND INCLUSIONS. Except as otherwise provided in this contract, 292 the Property, Inclusions or both shall be delivered in the condition existing as of the date of this contract, ordinary wear and tear 293 excepted. 294 a. Casualty; Insurance. In the event the Property or Inclusions shall be damaged by fire or other casualty prior to 295 Closing,in an amount of not more than ten percent of the total Purchase Price, Seller shall be obligated to repair the same before 296 the Closing Date(§2c). In the event such damage is not repaired within said time or if the damages exceed such sum,this contract 297 may be terminated at the option of Buyer by delivering to Seller written notice of termination. Should Buyer elect to carry out this 298 contract despite such damage, Buyer shall be entitled to a credit, at Closing, for all the insurance proceeds resulting from such 299 damage to the Property and Inclusions payable to Seller but not the owners'association, if any, plus the amount of any deductible 300 provided for in such insurance policy,such credit not to exceed the total Purchase Price. 301 b. Damage; Inclusions; Services.Should any Inclusion(s)or service(s)(including systems and components of the 302 Property,e.g. heating,plumbing, etc.)fail or be damaged between the date of this contract and Closing or possession,whichever shall 303 be earlier,then Seller shall be liable for the repair or replacement of such Inclusion(s)or service(s)with a unit of similar size,age and 304 quality,or an equivalent credit, but only to the extent that the maintenance or replacement of such Inclusion(s), service(s)or fixture(s) 305 is not the responsibility of the owners'association, if any, less any insurance proceeds received by Buyer covering such repair or 306 replacement. The risk of loss for any damage to growing crops, by fire or other casualty, shall be borne by the party entitled to the 307 growing crops, if any,as provided in§ 3 and such party shall be entitled to such insurance proceeds or benefits for the growing crops, 308 if any. 309 c. Walk-Through;Verification of Condition. Buyer, upon reasonable notice, shall have the right to walk through 310 the Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this contract. CBS 3-9-99 Contract to Buy and Sell Real Estate(Vacant Land-Farm- Ranch) - Page 4 of 6 I Buyer Initials Seller Initials This form produced by: Fn intilatnelr xa,now• 800-336-1027 • • 311 19. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Buyer and Seller acknowledge that 312 the Selling Company or the Listing Company has advised that this document has important legal consequences and has 313 recommended the examination of title and consultation with legal and tax or other counsel before signing this contract. 314 20. TIME OF ESSENCE AND REMEDIES.Time is of the essence hereof. If any note or check received as Earnest Money 315 hereunder or any other payment due hereunder is not paid, honored or tendered when due,or if any other obligation hereunder is not 316 performed or waived as herein provided,there shall be the following remedies: 317 a. If Buyer is in Default: 318 X (1) Specific Performance. Seller may elect to treat this contract as canceled,in which case all payments and 319 things of value received hereunder shall be forfeited and retained on behalf of Seller, and Seller may recover such damages as may 320 be proper, or Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to specific 321 performance or damages,or both. 322 • (2) Liquidated Damages. All payments and things of value received hereunder shall be forfeited by Buyer 323 and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such 324 payments and things of value are LIQUIDATED DAMAGES and (except as provided in subsection c)are SELLER'S SOLE AND 325 ONLY REMEDY for Buyer's failure to perform the obligations of this contract. Seller expressly waives the remedies of specific 326 performance and additional damages. 327 b. If Seller is in Default: Buyer may elect to treat this contract as canceled,in which case all payments and things of 328 value received hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this 329 contract as being in full force and effect and Buyer shall have the right to specific performance or damages,or both. 330 c. Costs and Expenses. In the event of any arbitration or litigation relating to this contract, the arbitrator or court 331 shall award to the prevailing party all reasonable costs and expenses, including attorney fees. 332 21. MEDIATION. If a dispute arises relating to this contract, prior to or after Closing, and is not resolved, the parties shall first 333 proceed in good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an impartial person who 334 helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. The parties to the dispute must 335 agree before any settlement is binding.The parties will jointly appoint an acceptable mediator and will share equally in the cost of such 336 mediation.The mediation, unless otherwise agreed, shall terminate in the event the entire dispute is not resolved 30 calendar days 337 from the date written notice requesting mediation is sent by one party to the other(s). This Section shall not alter any date in this 338 contract,unless otherwise agreed. 339 22. EARNEST MONEY DISPUTE. Notwithstanding any termination of this contract, Buyer and Seller agree that, in the event 340 of any controversy regarding the Earnest Money and things of value held by broker or Closing Company (unless mutual written 341 instructions are received by the holder of the Earnest Money and things of value), broker or Closing Company shall not be required to 342 take any action but may await any proceeding,or at broker's or Closing Company's option and sole discretion, may interplead all 343 parties and deposit any moneys or things of value into a court of competent jurisdiction and shall recover court costs and reasonable 344 attorney fees. 345 23. TERMINATION. In the event this contract is terminated, all payments and things of value received hereunder shall be 346 returned and the parties shall be relieved of all obligations hereunder,subject to§§ 10c,21 and 22. 347 24. ADDITIONAL PROVISIONS. (The language of these additional provisions has not been approved by the Colorado Real 348 Estate Commission.) 349 A). THE NEXT PAGE OF ADDITIONAL PROVISIONS SHALL HEREBY BE MADE A PART OF THIS CONTRACT 350 BY REFERENCE. 351 352 353 354 355 25. ENTIRE AGREEMENT; SUBSEQUENT MODIFICATION; SURVIVAL. This contract constitutes the entire contract 356 between the parties relating to the subject hereof,and any prior agreements pertaining thereto,whether oral or written, have been 357 merged and integrated into this contract. No subsequent modification of any of the terms of this contract shall be valid, binding upon 358 the parties, or enforceable unless made in writing and signed by the parties. Any obligation in this contract which, by its terms, is 359 intended to be performed after termination or Closing shall survive the same. 360 26. FACSIMILE. Signatures X May I I May Not be evidenced by facsimile. Documents with original signatures shall be 361 provided to the other party at Closing,or earlier upon request of any party. 362 27. NOTICE, Except for the notice requesting mediation described in§21, any notice to Buyer shall be effective when received 363 by Buyer or by Selling Company and any notice to Seller shall be effective when received by Seller or Listing Company. 364 28. NOTICE OF ACCEPTANCE;COUNTERPARTS. This proposal shall expire unless accepted in writing, by Buyer and 365 Seller, as evidenced by their signatures below, and the offering party receives notice of acceptance pursuant to 366 § 27 on or before Acceptance Deadline Date and Acceptance Deadline Time(§2c). If accepted, this document shall become a 367 contract between Seller and Buyer. A copy of this document may be executed by each party, separately, and when each party has 368 executed a copy thereof,such copies taken together shall be deemed to be a full and complete contract between the parties. 369 370 371 Buyer PILGRIM COMMUNICATIONS, INC. Buyer BY: DR. GENE HOOD 372 Date of Buyer's Signature: Date of Buyer's Signature: 373 Buyer's Address: 374 Buyer's Telephone No: - Buyer's Fax No: 375 376 [NOTE: If this offer is being countered or rejected,do not sign this document. Refer to§29] 377 378 379 Seller SHULTZ FARM, INC., Seller BY: STEVEN E. SHULTZ, PRES. 380 381 Date of Seller's Signature: -__ _- Date of Seller's Signature: 382 383 Seller's Address: WELD COUNTY ROAD 13,JOHNSTOWN,-COLORADO 80534_-. 384 Seller's Telephone No: Seller's Fax No: 385 • ----- 386 29. COUNTER; REJECTION. This offer is I ' Countered Rejected. 387 Initials only of party (Buyer or Seller) who countered or rejected offer 388 - 389 END OF CONTRACT 390 Note: Closing Instructions should be signed on or before Title Deadline. 391 392 393 BROKER ACKNOWLEDGMENTS. The undersigned Broker(s)acknowledges receipt of the Earnest Money deposit specified in§4 394 and, while not a party to the contract, agrees to cooperate upon request with any mediation conducted under 395 §21. 396 Selling Company Brokerage Relationship. The Selling Company and its licensees have been engaged in this transaction as 397 Buyer Agent X Seller Agent/Subagent Dual Agent Transaction-Broker. CBS 3-9-99 Contract to Buy and Sell Real Estate(Vacant Land- Farm-Ranch) Page 5 of 6 This t«m produced by. Formu/atnr'"for xW,n,w,° M-336-1027 • • 398 Listing Company Brokerage Relationship. The Listing Company and its licensees have been engaged in this transaction as 399 X Seller Agent Dual Agent '- Transaction-Broker. 400 401 BROKERS'COMPENSATION DISCLOSURE. 402 Selling Company's compensation or commission is to be paid by: Li Buyer X Seller I Listing Company I Other N/A 403 _._-- 404 (To be completed by Listing Company) Listing Company's compensation or commission is to be paid by: I Buyer 405 X Seller I OtherN/A 406 407 408 Selling Company: THE COTTAGE_REALTY,LID....____.- _ - -_.. __. (Name of Company) 409 410 By: 411 Signature CONNIE A. SALAZAR Date 412 Selling Company's Address: 908 MOUNTAIN AVENUE,BERTHOUD, COLORADO80513 413 Selling Company's Telephone No: (970) 532-2695 _ Selling Company's Fax No: (970) 532-2699 414 415 Listing Company: THE COTTAGEREAL_LY,_LTD._ (Name of Company) 416 417 By: 418 Signature KEVIN J. COOK Date 419 Listing Company's Address:908 MO-UNTAIN__AVENUE,_BERTHOUD,_COLORADO 80513 _ __ 420 Listing Company's Telephone No: (970)532-2695 Listing Company's Fax No: (970) 532-2699 421 CBS 3-9-99 Contract to Buy and Sell Real Estate SVacanl Land-Farm-Ranch] _ _ _ Page 6 of 6__ This form produced by: Formu/aiur-for widows 000-336-1027 24) ADDITIONAL PROVISIONS (continued) (The language of these additional provisions has not been approved by the Colorado Real Estate Commission.) Concerning property known as:LOTA-RE-2838.OF RECORDED EXEMPTION NO. 1059-30-3-RE-2838 JOHNSTOWN_COLORADO_895 _-_ B). .BUYER HEREBY ACKNOWLEDGFS THAT_SUBJECTPROPERTYDOES NOT HAVE RESTRICTIVE COVENANTS. C). ATTORNEY REVIEW:_-THIS.CONTRACT IS EJCPR-ESSLY CONDITIONAL_UPON BUYER'S ATTORNEY REVIEWING AND APPROVING OF SAID CONTRACT THIS SHALL BE DONE ON OR BEFORE JANUARY 22, 2003. D). ATTORNEY REVIEW:_ THIS CONTRACT IS EXPRESSLY CONDITIONAL UPON SELLERS ATTORNEY REVIEWING AND_APPROVJNOOFSAID CONTRACT.-THISSHALL BE DONE ON OR BEFORE JANUARY 22, 2003. E). BUYER'S AWARE THAT HE WILLBE.RESPONSBLE_EDR RESEARCHING AND SATISFYING HIMSELF WITH REGARD TO ALL.UTILITIES-THATWILL.BENEEDEDTOACCOMMODATEA_20X D BUILDING, INCLUDING BUT NOTLIMITED.TO,ANYAND_ALLRADIQTRANSMISSION/ANTENNA EQUIPMENT AND INSTALLATION OF BOTH. THE BUILDING AND EQUIPMENT ON SUBJECT PROPERTY. BUYER SHALL HAVE UNTIL MARCH 14, 2003 TO - ... GIVE WRITTEN OBJECTION NOTICE_TO SELLER F). BUYER IS_A WARE AND ACKNOWLEDGES THAT NO_WATERRIGHTS ORWATERTAP WILL BE TRANSFERRED WITH SUBJECT PROPERTY AT TIMEOF CLOSING,_ G). BUYER AT HIS EXPENSE SHALL PAY FORA SURVEY THAT WILL INDICATE THE LOCATIONIRADIUS_OF. ALL UNDERGROUND WIRES THAT WILL BE PLACED THREE(37 FEET DEEP ON THE ADJACENT PARCEL OF _.. LAND OWNED BY THE_SELLER SO.THAT AN ACCURATE EASEMENT CAN BE.GRANTED FROM SELLER TO BUYER FOR SAID PLACEMENT OF SAIDTHREE_(32)FEET DEEP UNDERGROUND WIRES. BUYER TO SUPPLY A COPY OF THIS SURVEY TO-THE_SELLER. _THIS CONTRACT IS_EXPRESSLY CONDITIONAL UPON SELLER__ APPROVING SAID SURVEY BY FEBRUARY 25, 2003. H). THIS CONTRACT IS EXPRESSLY CONDITIONAL UPON BUYER_-SATISFYING HIMSELF WITH REGARD TO -. OBTAINING A BUILDING PERMIT FROM.WELD.C.QUNT_YASWELL-AS SATISFYING HIMSELF WITH ANY&ALL WELD COUNTY REQUIREMENTS FOR BUILDING THE 20X30 BUILDING AND INSTALLING THE RADIO TRANSMISSION/ANTENNA-EQWPMENT.. BUYER SHALL HAVE UNTIL MARCH 14,1003 TO GIVE WRITTEN OBJECTION NOTICE TO THE SELLER __- I). _ITIS HEREBY AGREED BY BOTH THE SELLER AND THE BUYER THAT THE RADIO ANTENNA TO BE. INSTALLED ON_THE SUBJECT PROPERTY SHALL BEQ_A MAXIMUM HEIGHT OF 199'FEET AND NO LIGHTS OR LIGHTING_SHALL_BE_ALLOWED ONSAIDRADIO.ANT_ENN_A._THIS PARAGRAPH SHALL EXPRESSLY SURVIVE CLOSING AND_SHALL NOT BE MERGEDIN_TO_THE DEED._ J). _BUYER AGREES THAT THE SUBJECT PROPERTY SHALL BE PLANTED INDRYLAND GRASS AND MAINTAINED AT BUYER'S EXPENSE. THIS PARAGRAPH SHALL.HEREBY EXPRESSLY SURVIVE CLOSING.AND NOT BE MERGED WITH THE DEED. K). SELLER TO GRANT A FIFTY(50)_YEAR EASEMENT TO BUYER FOR THE RIGHT TO INSTALL__ UNDERGROUND WIRING THREE(3)FEET DEEP ONTO THEADJACENT PARCEL, SELLER SHALL HAVE THEIR- ATTORNEY PREPARE SAID EASEMENTOCUMENTATION AT BUYER'SEXPENCE. BOTH THE SELLER-AND THE BUYER_MUST AGREETO SAID EASEMENT DQCUMENTATIQN_ON OR BEFORE FEBRUARY 25, 20_03._THIS EASEMENT SHALL BE RECORDED_AT TIME OF CLOSINGWITH THE WELD COUNTY_RECORDER AT BUYER'S__ EXPENSE. L). THE ATTACHED "EXTENSION"SHALL HEREBY-BE_MAD_EA_PART OF THIS CONTRACT BY REFERENCE. - .. Buyer PILGRIM COMMUNICATION, INC. Buyer BY: DR. GENE HOOD Date of Buyer's Signature: _ Date of Buyer's Signature: Seller SHULTZ FARM, INC. Seller BY: STEVEN E. SHULTZ, PRES. Date of Seller's Signature: Date of Seller's Signature: CBS 3-9-99 Contract to Buy and Sell Real Estate(Vacant Land-Farm-Ranch) Additional Provisions This form produced by: FEWITIMatOr- w Preemie. 800-336-1027 • • . Colima Realty Moud,ain CO A80513 lu , Berthoud,CO 8UG33 s .. Bus.en0l532-2695 Fax.ernp532-2699 Addendum "EXTENSION" Concerning the property known as LOT A-RE-28388QF RECORDED EXEMETIQNNO_1059-30-3-RE-2838 Fill M). BUYER SHALL SUPPLY A COMPLETE DIAGRAM/BLUEPRINT OF 20X30 BUILDING,INCLUDING ALL INFORMATION/MATERIALS RELATIVE TO HOW THE 20X30 BUILDING WILL BE PLACED AND LOCATED ON SUBJECT PROPERTY. THIS CONTRACT IS EXPRESSLY CONDITIONAL UPON SELLER APPROVING ALL THE ABOVE DOCUMENTATION. IT IS FURTHER AGREED THAT BUYER TO SUPPLY FENCING DIAGRAM TO SELLER WHICH SHALL INDICATE THE LOCATION, HEIGHT, MATERIALS AND COMPLETE FENCE DESIGN,ETC. THIS CONTRACT IS EXPRESSLY CONDITIONAL UPON SELLER APPROVING SAID FENCING DOCUMENTATION. BUYER SHALL SUPPLY DOCUMENTATION FOR THE ABOVE ON OR BEFORE FEBRUARY 21,2003 AND SELLER SHALL EITHER APPROVE, DISAPPROVE OR COME TO AN AGREEABLE RESOLUTION WITH BUYER ON OR BEFORE FEBRUARY 28, 2003 OR THIS. THIS PARAGRAPH SHALL EXPRESSLY SURVIVE CLOSING AND SHALL NOT BE MERGED WITH THE DEED SO THAT THE COMPLETION OF ABOVE CAN BE DONE ACCORDINGLY. N). BUYER AGREES TO WORK WITH SELLER AFTER CLOSING TO ACCOMMODATE THE RADIO ANTENNA/BUILDING TO HAVE A CELLULAR SITE PLACED AT SAID SUBJECT PROPERTY. SELLER WOULD PREFER VERIZON BUT CAN BE DISCUSSED AFTER CLOSING. THIS PARAGRAPH SHALL HEREBY EXPRESSLY SURVIVE CLOSING AND SHALL NOT BE MERGED WITH THE DEED. O). THIS CONTRACT IS EXPRESSLY CONDITIONAL UPON BUYER OBTAINING AND RECEIVING FEDERAL AVIATION ADMINISTRATION(F.A.A.)APPROVAL. THIS SHALL BE DONE ON OR BEFORE MARCH 14, 2003. P). THIS CONTRACT IS EXPRESSLY CONDITIONAL UPON BUYER AND SELLER AGREEING THAT IF THE SUBJECT PROPERTY CAN NOT CLOSE ON OR BEFORE MARCH 28, 2003 DUE TO THE FACT THAT BUYER HAS NOT RECEIVED FEDERAL AVIATION ADMINISTRATION(F.A.A.)APPROVAL THEN BOTH PARTIES AGREE THAT A ONE(1) TIME • EXTENSION SHALL BE GRANTED FOR A NEW CLOSING DATE OF JUNE 20, 2003. THE FEDERAL AVIATION ADMINISTRATION(F.A.A.)APPROVAL SHALL BE THE ONLY REASON FOR THE EXTENSION, NO OTHER DEADLINES SHALL BE EXTENDED WITH THE EXCEPTION OF THE F.A.A.APPROVAL DEADLINE. AT TIME OF NEW CLOSING DATE BEING EXTENDED TO JUNE 20, 2003, THE NEW DEADLINE FOR FEDERAL AVIATION ADMINISTRATION(F.A.A.) APPROVAL SHALL BE EXTENDED TO JUNE 6, 2003. IF CLOSING DATE IS EXTENDED TO JUNE 20, 2003 AND THE PROPERTY DOES NOT CLOSE ON OR BEFORE JUNE 20, 2003, THEN SELLER SHALL AT HIS SOLE DISCRETION HAVE THE OPTION TO TERMINATE SAID CONTRACT. Signature PILGRIM COMMUNICATIONS, INC. Date Signature BY: DR. GENE HOOD Date Signature SHULTZ FARM,INC. Date - Signature BY: STEVEN E. SHULTZ, PRESIDENT Date Initialed by: nato1mpmd¢ed by Fnrmuletnr Forms Software v3 800.336.1027 Printed On:Friday,January 10,200311:59: IN I- VI O K Fu r o - OD o \\ `_'\" m in In W o z y z cu wO ` NDQ Mir �\ h wt N ' .N. m cu aJ J - w CO N CO U Ll - gr-N J te u) ui It -. Ia, 3 ,i 6 Ir. in in43 1 RECORDED EXEMPTION NO. 1059-30-3-RE-2838 0� C> z ,96'664 I j DFSCRIPTIIIN - I fiT A - RE-283@ -` M.SI,80.00N 61— __ i,� =:.=: A tract of land locatedin the Southwest One-Quarter (SW 1/4) of Section Thirty (30), Township Four - _ _ _ -.= _ _ ._ — .—.._: _ (4) North, Range Sixty-seven (67) West of the 6th Principal Meridian, Weld County, Colorado being more _ — —"— '—"— "—"—"—"--.— particularly described as' a • Q ,OI'LS92 M.SI,80,00N• Cor ring the south line of the Southwest One-Quarter (SW 1/4) of said Section Thirty (30) to bear „ U Nor'.,. 88.23'19'West, and all bearings contained herein being relative thereto' - X E o Dal Beginning at the Southwest (SW) Corner of said Section Thirty (30)1 thence along the westerly line of O¢w in v) the Southwest One-Quarter (SW 1/4) of said Section Thirty (30), North 00'08'15'West, 994.00 feet to U L7 m w the True Point of Beginning, thence, (L8), South 87.47'19' East, 680.75 feeti thence along a curve z o cU., to the right CCU which has a central angle of 38'29'37, a radius of 1660.00 feet, and the chord of �N ce C — a which bears North 38.33'49'West, 1094.40 feet to a point on the west line of Southwest One-Quarter '- In of said Section Thirty (30)1 thence, (L9), South 00'08'15'East, 829.46 feet to the True Point of Beginning. 34 z d The above-described--tract contains 5.15 acres, more or less, including rights-of-way along the westerly side of said tract for Weld County Road 13, and is subject to rights-of-way as nay now exist or as -ecorded in the records of Weld County. } -..-. _. . • l - I minions of this form have been approved The. h. ratio Real Estate Commission. (CLB 9-95) • Coll Dray lid 41, 908 Mountain Avenue ® " Berthoud,CO 80518 I P Bua.(9)0)632-2095 Fax.(970)532-2699 T 111S FORM I IAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. CLOSING INSTRUCTIONS Date: JANUARY 10, 2003 • L SHULTZ FARM,,INC.BY STEVEN E.SHULTZ, PRESIDENT (Seller) and PILGRIMCOMMUNICATIONS,INC, BYDRtGENE HOOD...__ (Buyer) engage STEWART TITLE OF LARIMER COUNTY - (Closing Company), who agrees to provide closing and settlement services in connection with the closing of the following described real estate in the County of WELD ,Colorado,to wit: LOT A-RE-2338 OF RECORDED EXEMPTION NO. 1059-30-3-RE-2838. SEE ATTACHED EXHIBIT"A"TO THE ORIGINAL CONTRACT FOR COMPLETE LEGAL DESCRIPTION also known as: _ TB.DWELDCQUJVLYROA_D__13 Street Address • JOHNSTOWN, COLORADO 80534_ City State Zip 2. Closing Company is authorized to obtain information,and agrees to prepare,obtain,deliver and record all documents,excluding preparation of legal documents, necessary to carry out the terns and conditions of the Contract to Buy and Sell Real Estate,dated JANUARY 10, 2003__. _.. with any counterproposals and amendments attached(Contract). 3. ClosingCompany will receive a fee not to exceed$ 105.00 for providing these closing and settlement services to he the expense of 50% BY_BUYER AND_50%BYSELLERS.___ ___ - ... _._ __..____— __ _. _. • 4. ClosingCompany is authorized to receive funds and to disburse when all funds received are either:available for immediate withdrawal as a matter of right from the financial institution in which the funds have been deposited or are available for immediate withdrawal as a consequence of an agreement of a '.. financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn (G ood Funds). 5. Closing Company is not authorized to release any documents or things of value prior to receipt and disbursement of G ood Funds, except as pro- vided in Sections 10 and I I. 6. Closing Company shall disburse all funds,including real estate commissions,except those funds as may be separately disclosed in writing to Buyer and Seller by Closing Company or Buyer's lender on or before closing.All parties agree that no one other than the disburser can assure that payoff of loans • and other disbursements will actually be made. 7. Seller will receive the net proceeds of closing as indicated: X cashier's check at Seller's expense. funds electronically transferred(wire transfer) to an account specified by the Seller,at Seller's expense;or I I Closing Company's trust account check. S. Buyer and Seller will furnish any additional information and documents required by Closing Company which will be necessary to complete this ' transaction. 0. ('losing Company will prepare and deliver an accurate,complete and detailed closing statement to Buyer and Seller at time of closing. 10. I f closing does not occur,Closing Company,except as provided herein,is authorized and agrees to return all documents,monies,and things of value to the depositing party and Closing Company will be relieved from any further duty,responsibility or liability in connection with these instructions. In addition,any promissory note,deed of trust,or other evidence of indebtedness signed by Buyer,shall be voided by Closing Company, with the original(s) returned to Buyer and a copy to Buyer's lender. I I. If any conflicting demands are made on the Closing Company,at its sole discretion,Closing Company may hold any monies,documents,and things of value received from any party except Buyer's lender.Closing Company shall retain such items until(I)receipt of mutual written instruction from Buyer and Seller;or(2)until a civil action between Buyer and Seller shall have been resolved in a Court of competent jurisdiction;or(3)in the alternative,Closing Company may,in its sole discretion,commence a civil action to interplead,or,interplead in any existing civil action,any documents monies or other things of value received by Closing Company. Such deposit with the Court shall relieve Closing Company of all further liability and responsibility and Closing Company shall be entitled to all court costs and reasonable attorneys'fees. 12.These closing instructions may only be amended or terminated by written instructions signed by Buyer,Seller and Closing Company. 13.The Internal Revenue Service and the Colorado Department of Revenue may require Closing 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 closing.Seller should inquire of Seller's tax advisor to determine if withold ing applies or if an exemption exists. 14. Special Instructions:N/A IS.These Closing Instructions may he executed by each Buyer, Seller and Closing Company individually and when each Buyer,Seller and Closing Company has executed a copy of these Closing Instructions,such copies taken together shall be deemed to be a full and complete contract between the parties. APPROVED AND ACCEPTED Seller -_. Seller SHULTZ FARM, INC. Date BY: STEVEN E. SHULTZ, PRESIDENT Date Social Security No. Social Security No. Buyer Buyer PILGRIM COMMUNICATIONS,INC. Date BY: DR. GENE HOOD Date Social Security No. Social Security No. Closing Company:STEWART TITLE OF LARIMER COUNTY By: Title Date (TO BE COMPLETED ONLY BY BROKER AND CLOSING COMPANY) THE COTTAGE REALTY,LTD. ._.... (Broker) engages Closing Company as Broker's Scrivener to complete, for a fee not to exceed $ ...5,00__- at the sole expense of Broker,the following legal documents: X Deed X Bill of Sale Colorado Real Estate Clommission Approved Promissory Note and I Colorado Real Estate Commission Approved Deed of Trust. The documents stated above shall be subject to Broker's review and approval and Broker acknowledges that Broker is responsible for the accuracy of the above documents. ('losing Company shall pay real estate commissions at disbursement as follows: I.islingCompany, THE COTTAGE REALTY,LTD. .._.._paid by SELLER, :3,0%_ _'% SellingCompany, THECOTTAGEREALTY, LTD paid by SELLER - :3.0% Other: N/A__ Broker THE COTTAGE REALTY, LTD. Closing Company STEWART TITLE OF LARIMER COUNTY ' By: KEVIN J. COOK Date Date No.CLS-9-95. CLOSING INSTRUCTIONS This lone podlcedby FOrmulatm'Foems Software v3 600.3338.1021 Printed On:Friday,January 10,2003 11:21:1 The • •Cotlr� Pra 908 Mountain Avenue �- Berthoud,CO 8(1513 �u_'IjiP Bus(970)532-2695 Fnx.(970)532-2090 ,The printed portions of this form have been approved by the Colorado Real Estate Commission.(BD24-1-03) DIFFERENT BROKERAGE RELATIONSHIPS ARE AVAILABLE WHICH INCLUDE BUYER AGENCY, SELLER AGENCY,OR TRANSACTION-BROKER. BROKERAGE DISCLOSURE TO BUYER DEFINITIONS OF WORKING RELATIONSHIPS (For purposes of this disclosure,buyer also means "tenant "and seller also means "landlord".) Seller's Agent: A seller's agent works solely on behalf of the seller and owes duties to the seller which include the utmost good faith, loyalty and fidelity. The agent will negotiate on behalf of and act as an advocate for the seller. The agent must disclose to potential buyers or tenants all adverse material facts about the property actually known by the broker. A separate written listing agreement is required which sets forth the duties and obligations of the broker and the client. Buyer's Agent: A buyer's agent works solely on behalf of the buyer and owes duties to the buyer which include the utmost good faith, loyalty and fidelity. The agent will negotiate on behalf of and act as an advocate for the buyer. The agent must disclose to potential sellers all adverse material facts concerning the buyer's financial ability to perform the terms of the transaction and whether the buyer intends to occupy the property. A separate written buyer agency agreement is required which sets forth the duties and obligations of the broker and the client. Transaction-Broker: A transaction-broker assists the buyer or seller or both throughout a real estate transaction with communication, advice, negotiation, contracting and closing without being an agent or advocate for any of the parties. A transaction broker must use reasonable skill and care in the performance of any oral or written agreement, and must make the same disclosures as agents about adverse material facts concerning a property or a buyer's financial ability to perform the terms of a transaction and whether the buyer intends to occupy the property. No written agreement is required. Customer: A customer is a party to a real estate transaction with whom the broker has no brokerage relationship because such party has not engaged or employed the broker, either as the party's agent or as the party's transaction-broker. Client: A client is a party to a real estate transaction with whom the broker has a brokerage relationship because such party has engaged or employed the broker as either an agent or a transaction- broker. OUR WORKING RELATIONSHIP. Since we do not have a written agreement making me your buyer's agent, I am working with you as indicated below. CHECK ONE BOX ONLY: X Customer: You are a Customer. I am the seller's agent. Customer For My Listings - Transaction-Brokerage For Other Properties : When I am working with you as an agent for the seller you are a Customer. When I am not the seller's agent, I am working with you as a Transaction-Broker, and you are my Client. Transaction-Brokerage Only: I am working with you as a Transaction-Broker. MEGAN'S LAW. If the presence of a registered sex offender is a matter of concern to Buyer, Buyer should contact local law enforcement officials regarding obtaining such information. THIS IS NOT A CONTRACT. I have been given a copy of this Disclosure form on (date) 01-10-03. Buyer PILGRIM COMMUNICATIONS, INC. Buyer BY: DR. GENE HOOD On (date) 01-10-03 . I provided PILGRIM COMMUNICATIONS, INC. (Buyer) with a copy of this Disclosure form and have kept a copy for our records. THE COTTAGE REALTY, LTD. Brokerage Firm Broker CONNIE A. SALAZAR BD24-1-03 The form produced by: F01711Watnr-/orwtwnoaf 800-336-1027 WELD COUNTY TITLE COMPANY Downtown-1221 8th Avenue, Greeley, Colorado 80631 (970) 356-3232 Fax(970)356-3248 West-1009 37th Ave. Ct., Suite 101, Greeley, Colorado 80634 (970) 351-0007 Fax(970)351-6633 TITLE TRANSMITTAL Date: MARCH 18, 2003 WCTC Order No.: LX67751 Purported Address: 21475 WELD COUNTY ROAD 19 MILLIKEN COLORADO 80543 Owner/Borrower: SCHULTZ FARM, INC. Purchaser: Title Examiner: LIZ WOODS - DOWNTOWN - (970)356-3232 Designated Closer: Enclosed please find: Title Commitment Tax Certificate Copy of Covenants (attached to Purchaser's copy of commitment) Copy of Plat (attached to Purchaser's copy of commitment) Endorsement to Commitment J Other CPr4 St r -e.. ca.& CO1Wrosictm Customer: AG PRO ENVIRONMENTAL SERVICES 4311 HIGHWAY 66, SUITE 4 LONGMONT, COLORADO 80504 ATTN: LAUREN LIGHT - - Copy List - - We appreciate the opportunity to provide your title insurance and closing needs. WELD COUNTY T►TLE COMPANY 1221 8th AVENUE GREELEY, CO 80631 * (970) 356-3232 Metro 623-3232 INVOICE No. 67751.1 MARCH 18, 2003 r 1 ATTN: LAUREN LIGHT AG PRO ENVIRONMENTAL SERVICES 4311 HIGHWAY 66, SUITE 4 LONGMONT, COLORADO 80504 L J REFERENCE: WCTC Order No. LX67751 SCHULTZ FARM, INC. 21475 WELD COUNTY ROAD 19 MILLIKEN COLORADO 80543 DESCRIPTION I CHARGES I CREDITS I BALANCE Certificate of Conveyance 100.00 TOTAL - $ 100.00 THIS INVOICE SUPERCEDES ANY PREVIOUS INVOICES FOR THIS ORDER • CERTIFICATE OF CONVEYANCES WELD COUNTY DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO) COUNTY OF WELD ) Order No. LX67751 The WELD COUNTY TITLE COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30 , 1972 , and the most recent deed recorded prior to August 30, 1972 : LEGAL DESCRIPTION: LOT A, CORRECTED RECORDED EXEMPTION NO . 1059-30-3-RE2838 BEING A PART OF THE SW 1/4 SECTION 30 , TOWNSHIP 4 NORTH, RANGE 67 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO PER MAP RECORDED JANUARY 29, 2002 AS RECEPTION NO. 2920487 . CONVEYANCES (If none appear, so state) : " Book 1522 Reception No. 1295295 N Book 720 Reception No. 1641907 Book 1017 Reception No. 1951627 Book 1017 Reception No. 1951628 "' Book 1044 Reception No. 1982957 Book 1471 Reception No. 2419225 '' Book Reception No . 2763982 Book Reception No. 2789777 Book Reception No. Book Reception No. Book Reception No. This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado . This Certificate is not to be construed as an Abstract of Title nor an Opinion of Title, nor a Guarantee Title, and the liability of WELD COUNTY TITLE COMPANY is hereby limited to the fee paid for this Certificate . In Witness Whereof, WELD COUNTY TITLE COMPANY has caused this Certificate to be signed by its proper officer this 7th day of March, 2003 at 7 : 00 A.M. WELD C TY IT E gPANY n_ C By: Authorized Signatory 14•vnrdeA nl �(" d s— JAN 11 1059 .....,L.j;i .... ,:'-, 111•, �, -�.-Reception 0 Nn. 1. 1 r LLL. r 1'Y ANN SrOMI�Lrrnrtbr. f_-_ I _,� I �...nr... ..........d • Recorder'. NIn. IMII , KNOW AL1.A1rq BY Tt1ESE 1a11ESENTS, That we, D. WILSON I �LL . • McCARTY and :I. C. MCCARTY, of the County of Boulder and State of Colorado, and HaBN M. I J FICRa, formerly Helen F. McCarty, j Df ten c,Dnilty of La rimer , and State of Colorado. for the rnn:ldernl Frn of ONE DOLL'uR, atbtlrtr- I r ! ';II in hand pahl,herel.y sell anti enhvey to D. WILSON McCARTY, 1 4 I. C. McCARTY, and IIIiLIiN M. FICRIcL, 1, Nof the County of Boulder ,and Slnln of Celorndo,the fnILnY61R earl ;i prrrprrl y.situate In the County of field, and Slate of Colorado,to.wit: j, \ ° ,' The southwest quarter (S;; ), the south half ( .) of the northwest„ 1 (quarter (Nu ), the southwest qvarter (SS;\) of t ie nort u•ast quarter !.:: :HO ),(Nei'•), the northwest quarter (NW-) of Ir • southeast quarter (S.; .) and Ii f .I ,Lhe south half (S..) of the southeast quncrer (Si•c ) of section thirty 1 (30) and the northwest quarter (N4. ) of suction thirty-one (31), :ill in towusulp four (4) north, of rtthl;e sixty-sewn (bf) •rust 01. the btu IF 1•I•, concainJn,.; in all five 'n;ndeed sixty (5011) -.a c s, more r nlr 1 : ,; I ( .xceytin,6 .rom said section 31, Minnie Lake Reservoir" as conveyed . Ito Jo-In I,. lie _aback h. deed rdcurded in book 31, at page 401, of the . d ecorus of Leld County, Colorado; and exc. , fie;; a ti.irl of l:ul,l cont:linl' it-iv a{•proximately seven and Jour-tenths (7.4) acres conveyed to John P !! aawitt and C;iarl,ey . . ieWiLt by warranty de.:d dated February 2, 1.903, i —— 'and recorded in book 207, at pal;c 37, of tUe recolus 0 1.old County, (Colorado, also exceptin a „trip or parcel of land Bout d to Tee Northern Construction Comptny/hrtr irr'lnt,'I/d' ed dat d Ir' at) th, 1' 11'905, and recorded in book 73, et• I4 ,y2 2(/3, or th rcct rds o aye id Cot:l�t :, (Colorado; and also except ing(.Lrlornl sal section 3u a strip or I•arcl oi I' . land conveyed to The Northerd'__C61nstruction Company by warrant• deed ;dated February l„tll, 1905, and--recorded in book 73, at pu:,e 242, of Cut. ;records of held County, Colorado); bet tol;etller with all ditch and watylr ,ail;ills appertainin;•• to said premises, including 9 shares of the capita4 Istoch ul 'Inc Ligil.uid filth Company and 21.9 shares oi the capital stock !ill The Fn rulers I•;xtens ion Ditch Company, also all r.i;;ht, title and in- II ' terest i the 'rlltltorS in and to a certain reservoir, uriorit iLs and Ltl water rights, known as the "11111 Reservol.r", said reservoir iaviul, (priority No. 4, as of tau first day ol. February, 1079; II. I with all its appurtenances,and war runt the title to tlw enma,subject.to I I. VI i. ;IliSigned and delivered this 1 i tii day of December ,A.D.195O ! q/j/yam in the presence of - 21/lZ //4�(4.��^ ..(SEAL) ii Y...- L2 (SEAL)Me-ASTATE OF COLORADO ... .formerly AI/��r,ic e(SF.A.(SEAL) I' a County of Boulder, } • ( L) The f^regnIng Instrument was acknowledged Wore me this 17th day .rr December, m58 , by D.D. '4ILSON MCCAR1Y, N. G. McCARTY, and dila,iN I. FIChL, forme ly Witneu my hand and official seal • IhiLdN F. McCARTY. I Myeommluton eapiren July 22nd, 1959. 77-2.71:,;(4.4.7 i •u by eta,.I o,.r...n r.rsn•r.,mn hers Inr„n non.nr nem.:a h' 'er.a nmma In r.plr...nmuvin r.un[m1 c,eyrie,,.n. I' n.nor[.wan Ii or=k II Z I.v u'r,4...r I a.1.•.1m. n.q.In lion IM..rl urn gall..? wn..n a ur..utaL ntlnmident leer nr .urA cun,nrnnuo.nn..,.ne a,. [•••. A rOtutr anr„0.senor,n�•f.uca nfrVvr o1 efrl[aANrl,a president,•�u14e1 r.Illrtn,.f ..rtlntul..rV Afl.wuvreJyn.[nl.senor,Of r. a xn,SY:.wAl111A•.TY III:II.—FI.In1.nl.,a... n0!nnnN.Lla.nn%r,C.,.11".tti.:n.nni Mim ic 1•2410a�.I It,Denen,I..i.r.c• II I � .. - ..... v . l 1�O,47�X;i5.77 y ti r,� t� Y7'�' ''R.`tbnil '^ 1 i p- lmraa�p ''„ ?. m Gtr n ,y r^ u aW7fftl Y ` +(ti". r1'r l s ^'^t '' ,L aK.., f 'i^,ti � `� `e`a' Ie _ r7111:'"*!'"') �r ft. t r D. . � "Oft axe 1$x �,�v' t. P" - ( :.b. z .u ,,:`r:r _� �a� fr .-,..-_._.__ ,. . ., _ .. �.V...._. i_. _._ .� �v' - L � • tl w_ k C - AUG G 1?' J CJ P.acorded at '7 ek...r� M '. if T-?- ON= -M - q n 1641 ,! SI.EEsdHe � _ x .7. �` _ ,4 ' '. �n"� � ,,,p0 20 Rcaeptian N+; Recorder, 's ?° `'-"' E F „ . 'HF.LC6 M.'FICKEL, whose address is Berthoud, County of - Y'1` «rt F E1 �,,�� i Lorimer„and State of Colorado,sand D: WILSON McCARTY, i b ) .: whose address is Lcn0-on t, I C " o� County of Boulder , State of - s•"t� o Colorado , for the consideration of ONE DOLLAR 0, 5 - athlete, in hand paid,hereby sell(s) and convey(s) to - '- r i-,7.4' titer a H. G. McCARTY, • 4 - u1"° r'fe whose address is Longmont County of 1 v ;,{ ad t4- '(v O S Boulder , and State of Colorado, the following real property in the ' yl r f£ o• 1 �@ ' 's,`'' o County of Weld ,and State of Colorado,to wit: *,,},`_ rt-- i `'t,., o The southwest quarter (SW1) C F) quarter e t' the south half S of the northwest (NWk), the southwest quarter (SWk) of the northeast quarter (NEk), the north- h P-v F west quarter (NWk) of the southeast quarter (SEk) and the south half (Sk) of rill: • 8 e:^ aA t.)If , u . • 9 the southeast quarter (SEA) of section thirty (30) and the northwest quarter �tra - � 7�r�hjl (Ntak) of section thirty-one (31), all in township four (4) north, of range 1 ,w2X,ry v'7,,,,- ,sK Q sixty-seven (67) west of the 6th P.M., containing in all five hundred sixty I1'gor 'fl }y a,;.tr ,k (560)acres, more or less; (excepting from said section 31, "Minnie Lake I r W,f„e, ?, s-- Reservoir" as conveyed to John W. Erkenbeck by deed recorded in book 31, at I page 481, of the records of Weld County, Colorado; and excepting a tract of 7 t land containing approximately seven and four-tenths (7.4) acres conveyed to '� +5 ' John A. Hewitt and Charley A. Hewitt by warranty deed dated February 2, 1903, •k'�,5g4 e frt and recorded in book 207, at page 37, of the records of Weld County, Colorado; ,,. . also excepting a strip or parcel of land conveyed to The Northern Construction °x7i � „ ice, Company by warranty deed dated February 8th, 1905, and recorded in book 73. at ;'C 4 page 243, of the records of Weld County, Colorado; and also excepting from said f'" rhl w w section 30 a strip or parcel of land conveyed to The Northern Construction Com- . 4'4 e'as` •e1 pany by warranty deed dated February 18th, 1905, and recorded in book 73, at ' � ; }�'. :! page 242, of the records of Weld County, Colorado) ; but together with all ditch la1.'A "17,7, T- and water rights appertaining to said premises, including 21.9 shares of the a=vf•s} d'`mt, Ij capital stock of The Farmers Extension Ditch Company, 9 shares of the capital I f-i ',‘,/,,74, 4i`✓'e'Y yt".7 stock of The Highland Ditch Company and 25 shares of the capital stock of The µ d .3'^')' a4. ill ".w x� Bunyan Lateral Ditch Company, also all right, title and interest of the grantors in and to a certain reservoir, priorities and water rights, known as the "Hill 1 Jp9t , s r„1),"' ' •_' Reservoir", said reservoir havin gg�priority No. 4, as of the first day of la in MilolefilifiamNIMMidllNNlM1NOti lllii killi9lANiNtk9ikii9UWNAltiMi 1NIiNg1 ,xts ur x' February, 1879; k sr I? Reserving to the grantors an undivided 2/3rds interest in all oil, gas and s - minerals underlying said premises. -- r' v j 1 ; Signed this 2nd day of August ,19 74 . . ,z Jr sal Q '0.. it son McCarty. >.� `'.-1 L ,..'fir£' 1^` 4L. ,. s,:-c. STATE OF COLORADO, 1ss �„ -° tt"7 County of Boulder, '₹ �� FF' t `'+a ifs' 1ff1 'qq'� trot . ' „ x o egpmc,g instrument was acknowledged before me this 2nd x :3 r, • ,li'xUyuet ,19 74 ,by HELEN M. FICKEL and D. WILSON McCARTY. s „..is /in tt(`' 'amWc tf,ib bon expires July 14th, 1975. ''F Wjtneaemy. hand and official seal. iv _ NoteryPubilts s'1 atetuton dokswebdymest:If by natuN pun or per»nt her. r Dame w Palest:if by pence scour la teyfseobW.or O[fe floe:I stptnt o[as stwney-mdmt Wen Wme setae M pe Y executor st ntt w older MU W'b o[desflp- Pot a by affair of corporation Wm Insert name of snob officer or officers as the president or older'offices of such r- E Potation naming it ,Y0.BK. Warrant,Deed—staff PPrn—aw 118.1.1a.CRS.PI]-9aLfoti^ 'L:.-.v ta.rC<-.E Ste:Onset,Delayed,Giva+de-6,3 : 47.47144,,-.Z::* n _ B 1017 REC 01951627 12/30/83 14:35 $6.00 1/002 - F 0253 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO — . PERSONAL REPRESENTATIVE'S DEED THIS DEED made by MICHAEL H. MCCARTY and PATRICK W. , MCCARTY, as Co-Personal Representatives of the Estate of Horace G. McCarty, deceased, Grantors, to HELEN Y. MCCARTY, an undivided 74.422% interest, MICHAEL H. MCCARTY, an undivided 12.789% interest, and .PATRICK W. MCCART2, an ' . undivided 12.7896 interest, whose address for the purposes - -of this Deed is P.O. Box 550, Cody, WY 82414; . WHEREAS, Grantors are the qualified Co-Personal Representatives of said Estate, Probate 181PR326-3, Boulder County, Colorado; and, - .. " THEREFORE, Grantors convey, assign and transfer all to Grantees the following real property in Weld County, Colorado: - — - The.Southwest k, the South h-of, the Northwest Is, the Southwest k of the Northeast /, 'the' Northwest k of the Southeast I and the South k of the Southeast k of -- '.- ' Section 30, and the Northwest k .of Section 31, all in • -- Township 4 North, Range 67 West of the 6th P.M.,, containing in all 560 acres, more or less; (excepting - ` from said Section 31, ,'Minr.Se Lake Reservoir''as ` - - conveyed to John W. Erkenbeck. by deed recorded in - Book 31, at Page 481, of the records of Weld County, Colorado; and excepting a tract of land containing approximately 7.4 acres conveyed to John A. Hewitt and Charley A. Hewitt by warranty deed dated February • 2, 1903, and recorded in Book 207, at Page 37, of the - -'- -- records of Weld County, Colorado; also excepting a --- --- _- - strip or parcel of land convoyed to Thu Northern -- __ -- Construction Company by warranty deed dated February 8th, 1905, and recorded in Book 73, at Page 243, of - the records of Weld County, Colorado; and also excep- Ling from said Section 30 a strip or parcel of land . - conveyed to The Northern Construction Company bywarranty deed deed dated February 18, 1905, and recorded _ in Book 73, at Page 242, of the records of Weld - -- County. Colorado) ; but together with all ditch and water rights appertaining to said premises, including - 21.9 shares of the capital stock of The Farmers Extension Ditch Company, 9 shares of the capital .._--_ - stock of The Highland Ditch Company and 25 shares of .. - the capital stock of The Bunyan Lateral Ditch Company, also all right, title and interest of the grantors in and to a certain reservoir, priorities and water rights, known as the 'Hill Reservoir, said reservoir having priority No. 4, as of the first day of February, 1879; - - YRf. ,`.�Y "11p�9.rY. ,1.i, �• +° `-`,..emu 704 :Pr ,V F t .. , . —„"�-,s f ! Y }Y 't1- f}i}\� A lX kV F. ", ] SAY - _ MY " 8 1017 REC 01951627 12/30/83 14:35 $6.00 2/002 F 0254 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO ' _ mot- -- - - g•. SUBJECT?,to.all easements, rights of way and reserva- tions„-zoning.restrictions and covenants of record or :. otherwise established;-al assessments and subse- guently assessed taxes. - - - EXECUTED this Jo��. day of December, 1983. -. -__- • al-` art rCo--P raona� Rep esentative / 4it.e.404; . tr c W.+ McCarty, Person --_— 'RepresenCAtive. - • - - - J Cs. CJUNTY OF J - ` "" ,` m . The fq going instrument was acknowledged before me this .1r1 day. of December, 1983, by Michael H. McCarty - -and'Patrick :W. McCarty as Co-Personal Representatives of the - ,: Estate of Horace G. McCarty. " My " commission expires: ,/j /7 !� ' WITNESS my hand and icieal,. . .. -,• i pTARY T, ' 0 '' 9 e sit. tic*'� � , ' r Ad ss- % le .. ! `„ _ _:/. _ ___ te _2- . a. B 1017 REC 01951628 12/30/83 14:36 $3.00 1/001 AR39534.2E F 0255 MARY ANN FEUERSTEIN CLERK a RECORDER WELD CO, CO II 1 PATRICK W. MO171R1'Y I , -- whose address Is 2525 W. County Pd. i4 Berthoud, .County o; Ian ner , State of Colorado .for the consideration of TEN and OTHER OJ00 Ni) -a ,. VALUABLE CaISIDERATION -- - - _' 'll ;Amara in hand paid,hereby sell(s) and convey(s) to _ _ Helen Y. McCarty - - II County of o - ;' whose legal address is 1306 W. 9th Ave., h7rtgtront, • Boulder ,and State of Colorado the following real property in the i an undivided 1z:789a interest i,F�ytYi: vela , • ., land State of Colorado,to wit: II The Southwest k, the south 1 of the Nortlwest k, the Souauest k of the Northeast t Ii k, the No th:est is of the Southeast 4 and the South k of the Southeast !: of as • ii Section 30, and the Northeast It of Section 31, all in Ta.nship 4 North, Range 67 -- il West of the 6th P.M., nv containing in all 560 acres, more or less; (excepting fran _ • li said Section 31, 'Minnie Lake Reservoir'. as conveyed to John W. Erkerttedc by deed __ II recorded in Bock 31, at Page 481, of the records of Weld County, Colorado; and i! excepting a tract of land containing approximately 7.4 acres oatveyed to Jahn A. Hewitt and Charley A. Hewitt by warranty deed dated February 2, 1903, and recorded , Iin Bode 207, at Page 37, of the records of Weld County, Colorado; also exoepti,tg a 'i strip cc parcel of land axneyed to The Northern Constructirn Cospany by warranty I deed dated February 8th, 1905, and recorded in Bock 73, at Page 243, of the records , II of Weld County, Colorado; and also accepting fran said Section 30 a strip or . :I, parcel of land conveyed The Northern Construction Company by vas^^.y deed ind am� dated February 18, 1905, and recorded in Bock 73, at Page 242, of the records of •_ ' _ it Weld County, Colorado); but together with all ditch and water rights appertaining II to said premises, including 21.9 shares of the capital stock of The Fags , 'f Extension Ditch CYaipany, 9 shares of the capital stork of The Highland Ditch • I, Cama th y and 25 shares of e capital stock of The Bwrfan Lateral Ditch Carey, -... . _ . . __-..- - also all right, title and interest of the grantors in and to a certain reservoir, priorities and water rights, known as the 'Hill Reservoir", said reservoir having :!l mizrksmeelassmas lriarity No. 4, as of the first day of February, 1879; - .,y .,. i i'. with all its appurtenances, and warrant(s) the title to the same. subject to prior years' taxes • 1.' which grantee accepts and assumes to pay; easents, resttrictiuns and rights.-of- . way of record or in place, if army. --. __. -._.. _-. I Signed this ,jp �g day of V.-L—E-L1Z• '/�// /gy/nl`.�. �L J�'IIk W. M�ariy / ___ _ ._- STATE nr Cnn ORADO, 1 '-" Jss. County of - e this ?d i g :3t^_.^t^nt was n.Ln isrtn_ before The foregoing _ __._-O'.'.• _e^d !^.- -. _ y� ;' daY of Ceaakber , ID 03 by Patrick pires c�//W. McCarty - •�� r V:(frfns mq e n nd o al /" • :'. 7SARy °t '. ' • r- . jn,,�Zatl ,4, /ps'2/ No.07. Warranty Deed—Short Form Booked nbe,e:.,.t.:ew.WI e.t.ta..om.Cnrotu_,nntttawo '"•' . _ J1. AR1982957 B 1044 REC 01982957 09/26/84 10:39 $A.On 1!002 F 1496 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO I1ELEN Y. MCCARTY (an undivided 87.2118 in crest) and MICHAEL H. MCCARTY (an undivided 12.7 9% interest) while oddro>s is 1306 J. 9th Ave. , Longmont, County of Boulder . State of Colorado , for the consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE C NSIDERATION _ dollars, in hand paid.hereby sell no and convey(si to LAKE FARM, a general partnership moot, County of whose Ic4al adtires",is 1306 a. 9th Ave. , Lon g - Boulder .and State of Co loradcm following real property in the - County of Weld .:end Stale of Colorado.to wit: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY RErERENCE. (actual consideration less than 8100.00! _____ also knower as street;Old number . .. with all its appurtenances. Ind % arrrmtls) the title to the same, sulyel to 1983 ta'XC6 payable . I)0 ,. • „Ind ,JennUent ye ors' Pavfl ; n:r nr.ment'i, rights-of-a..ly and reservations of record. J Signed this .•.'.i't. day of Sep erb JJ9 84. �j r —1--- - . Michael W. McCarty 1 L STATE (IV c()1.010 00, County of Lar smell 1. ° 1.E Tim foregoing mg ms nmomt w:. acknowledged l dare me this --2):3 ei . dr. of September , 19 84 by ❑elen Y. McCarty and Michael II. McC•trty. nI )ri illy e urnnos rom expires y V,Wilnc�y}r`\ hand official seal. I o 1 c - ,, . J1 _ . 2.r 2 \ /y C c !..,,,,,....,.. , c, 014 v I ul. n •, ( y t Address 209 W. Magnolia SL �n;•• .C :curt Collins, Cc'irddo 90521 C o ♦n. Met. \t'a rr:urtr Ilrrd—Short Fnrrn n., i. n..„ w .,.,. a..,.. , . r ,. ...... o Y • B 1044 AEC 01982957 09/26/84 10:39 $6.00 2/002 F 1497 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO - 1 the South ; of the Northwest h, the of The Southwest ., , the Northwest - -- .— - Southwest of the Northeast +" of the Southeast 1 of the Southeast d the the wesh y of Section 31, all in Section 34, and ,the Northwest 7W , Township 4 North, Range 67 West of the 6th P.M. , ring containing in all 560 acres, more or less; ( p from said Section 31, "Minnie Lake Reservoir" as d in conveyed to John W. r Crkenbeck by yoddeed of ecordedointy, Book d, at Page 481, of the Colorado; and excepting a tract of land containing approximately 7.4 acres conveyed to John / . HewittFebruary Y Ch a A. Hewded byBook at Page cf the 2, 1903,rd and recorded C in Colorado; also excepting a records of wed ounan, - csonsp or parcel o of land conveyed to dated February v Construction 1905, a Company by at Page 243, of 8th, , and Weldrd Cod in Book 73, and _ the records of WeSection 30 y a strip s or r;parcel l of land; excep- ting from said - - Northern Construction and recorded warventy to doe warranty 3,deed dated Febr242, of the y records of weld Co Boy, 7Co, at Pago) ; County, Colorado) ; but together with all ditch and s appertaining to said premise, _- .hareS of P p _._.. __ rarer __. 2x.9 shores c the panyta9 shares of the capital ' Extension Ditch Company, company and 25 shares of y theck pi The Highland Ditch ht, title and interest of tnc grantors in the capital stocY. of The P.0 efts Lateral Ditch Company, also all a certain eg priorities and water and to a reservoir, P said reservoir rights, known as the "Hill Reservoir", ,i_' _ . having priority No. 4, as of the first day of February, 1879; c � . ak �� r • • 2419225 B-1471 P-737 12/15/94 04:02P PG 1 OF 2 REC DOC Weld County CO Clerk & Recorder 10.00 WARRANTY DEED AR241422S Grantor, HELEN Y. McCARTY, county of Boulder, state of Colorado, for the consideration of Ten Dollars ($10) , in hand paid, hereby sells and conveys to LAKE FARM, LLC, a Wyoming limited liability company, 6387 N. 107th Street, Longmont, Colorado 80501, the following real property in the said county of Weld, state of Colorado, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF (Actual consideration less than $100) also known by street and number as: Vacant land. with all its appurtenances, and warrant the title to the same, subject to 1994 real property taxes and subsequent years' taxes; easements; rights-of-way; and reservations. Signed this /O‘.....z of December, 1994. -/ HELEN Y. M_/dCARTY STATE OF COLORADO ) ) ss. County of Larimer ) The foregoing instrument was subscribed and sworn to before me this /a.14 day of December, 1994, by HELEN Y. McCARTY. 1i.. SL. f� G• 4rI/!G/ P1pTARY' i Notar Public �7�G _* � 1.440(i. My commission expires: ' PUBLIC lei imak (.”\)",/ SKLD WW 10 .199.51.63 WE 2419225-1994. 001 EL Lbt x. 7)41Z2.1 2419225 B-1471 P-737 12/15/94 04:02P PO 2 OF 2 EXHIBIT "'A" The Southwest k, the South i of the Northwest 4, the Southwest if of the Northeast h, the Northwest k of the Southeast k and the South § of the Southeast : of Section 30, and the Northwest h of Section 31, all in Township 4 North, Range 67 West of the 6th P.M., containing in all 560 acres,, more or less; (excepting from said Section 31, "Minnie Lake Reservoir" as conveyed to John W. Erkenbeck by deed recorded in Book 31, at Page 481, of the records of Weld County, Colorado; and excepting a tract of land containing approximately 7.4 acres conveyed to John A. Hewitt and Charley A. Hewitt by warranty deed dated February 2, 1903, and recorded in Book 207, at Page 37, of the records of Weld County, Colorado; also excepting a strip or parcel of land conveyed to The Northern Construction Company by warranty deed dated February 8th, 1905, and recorded in Book 73, at Page 243, of the records of Weld County, Colorado; and also excep- ting from said Section 30 a strip or parcel of land conveyed to The Northern Construction Company by warranty deed dated February 18, 1905, and recorded in Book 73, at Page 242, of the records of Weld County, Colorado) ; but together with all ditch and water rights appertaining to said premises, including 21.9 shares of the capital stock of The Farmers Extension Ditch Company, 9 shares of the capital stock of The Highland Ditch Company and 25 shares of the capital stock of The Bunyan Lateral Ditch Company, also all right, title and interest of the grantors in and to a certain reservoir, priorities and water rights, known as the "Hill Reservoir", said reservoir having priority No. 4, as of the first day of February, 1879; County of Weld, State of Colorado ; Further together with 150 units of. the Northern Colorado Water Conservancy District. • SKLD WW 10.199. 51. 63 WE 2419225-1994.002 • d 11111111111111111111111111111111111111III11101111111 • 2763982 04/26/2000 12:04P JA Sold Tsukameto 1 of 3 R 15.00 D 350.00 Weld County CO WARRANTY DEED 98z THIS DEED, made this 25th day of April, 2000, between LAKE FARM, LLC, a Wyoming limited liability company, ("Grantor"), and HILL LAKE, LLC, a Colorado limited liability company, whose legal address is 3950 Lewiston Street, #101,Aurora, Colorado 80011,the County of Arapahoe, State of Colorado('Grantee'). WITNESSETH, that the Grantor, for and in consideration of good and valuable consideration and TEN DOLLARS ($10), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained,sold,and conveyed,and by these presents does grant,bargain,sell, convey, and confirm unto the Grantee,its heirs,successors,and assigns forever, all the real property,together with improvements, if any,situate,lying,and being in the County of Weld,State of Colorado,described as follows: The Southwest one-quarter(SW1/4); The South one-half(S1/2)of the Northwest one-quarter(NW 1/4); The Southwest one-quarter(SWI/4)of the Northeast one-quarter(NE1/4); The Northwest one-quarter(NW I/4)of the Southeast one-quarter(SE1/4); and the South one-half(S1/2)of the Southeast one-quarter(SEI/4)of Section 30; and the Northwest one-quarter(NW 1/4)of Section 31; All in Township 4 North, Range 67 West of the 6th P.M., EXCEPT from Section 31 'Minnie Lake Reservoir' as conveyed to John W.Erkenbeck by deed recorded in Book 31, at Page 481, of the records of Weld County, Colorado; a tract of land containing approximately 7.4 acres conveyed to John A. Hewitt and Charley A.Hewitt by warranty deed dated February 2, 1903, and recorded in Book 207, at Page 37, of the records of Weld County, Colorado; and a strip or parcel of land conveyed to The Northern Construction Company by warranty deed dated February 8, 1905, and recorded in Book 73, at Page 242, and strip or parcel of land conveyed to The Northern Construction Company by warranty deed dated January 15, 1905, and recorded in Book 73, at Page 241,all in the records of Weld County,Colorado(Great Western tracts). TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or In anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all the estate, right, title, interest, claim, and demand whatsoever of the Grantor, either in law or in equity, of, in, and to the above-bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances unto the Grantee,its heirs,successors, and assigns forever. And the Grantor, for itself and its heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, its heirs, successors, and assigns, that at the dme of the ensealing and delivery of these presents, Grantor is well seized of the premises above conveyed, has good, sure, perfect, absolute, and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power, and authority to grant, bargain, sell, and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances, and restrictions of whatever kind or nature soever,except and subject to exceptions set forth on Exhibit "A" attached hereto and incorporated herein by reference;and real property taxes for the year 2000 and subsequent years. The Grantor will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee, its heirs, successors, and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF,the Grantor has executed this Deed on the date set forth above. LAKE FARM,LLC, a Wyoming limited liability company ��/ By I�LGCL., MARY L REED,Member SKLD WW 10 .199.51.63 WE 2763982-2000 .001 • 111101111111111111111111111111111111111111111 f 11111111 2763982 04/26/2000 12:04P JA Sukl Tsukamoto 2 of 3 ft 15.00 D 350.00 Weld County CO STATE OF COLORADO ) ) as. COUNTY OF LARIMER ) The foregoing instrument was subscribed,sworn to,and acknowledged before me this SRI day of April, 2000, by MARY HELEN REED, member of Lake Farm, LLC, a Wyoming limited liability company. Witness my band and official seal. My commission expires: 2/7)01— tayirl 11(? ) •r �f {'NOTARY 1* No a ii • \ UBUC o,\P 47E C V��f ••,,..Of r,., SKLD WW 10.199.51.63 WE 2763982-2000 .002 AEI EI1111 III I I 11111111111111111111111111II IIII 2763982 04/2&2000 12:04P JA Sind Tsukamoto • 3 of 3 R1640 0 360.00 Weld County CO EXI3IBTT"A" 1.. Reservation(s) as contained in Patent recorded November 8, 1881, in Book 20 at Page 357. Said reservation(s) being as follows: "All 'Mineral Lands' should be found to exist in the tracts described in the foregoing, but this exclusion and exception according to the terms of the stature shall not be construed to include coal and iron land." 2: The right of the proprietor of a vein or lode to extract or remove his ore, should the same be found to penetrate or intersect the premises thereby granted and rights of way for ditches and canals as reserved in the United States Patent recorded January 16, 1883 in Book 34 at Page 114, and any and all assignments thereof or interests therein. 3, An easement for telephone and telegraph lines and incidental purposes granted to American Telephone and Telegraph by the instrument recorded December 24, 1927 in Book 833 at Page 431. 4. An easement for electric power lines and incidental purposes granted to Colorado Central Power Company by the instrument recorded August 16, 1938 in Book 1029 at Page 442. 5. An easement for communication facilities and incidental purposes granted to American Telephone and Telgraph by the instrument recorded April 21, 1941 in Book 1077 at Page 516. 6. An easement for a pipeline and incidental purposes granted to Sinclair Pipeline Company by the instrument recorded June 26, 1963 in Book 1651 at Page 16. 7.- Reservation of 2/3 interest in all oil, gas and minerals contained in deed recorded August 6, 1974 at Reception No. 1641907. 8. All oil, gas and other minerals as conveyed in deeds recorded January 26, 1984 at Reception No. 1954168 and April 12, 1985 at Reception No. 2005573 9. An easement for pipeline and incidental purposes granted to Associated Natural Gas Inc. by the instrument recorded July 24, 1989 at Reception No. 2186144. 10: Oil and Gas Leases Recorded: June 26, 1964 at Reception Nos. 1439378 and 1439379. December 3, 1979 at Reception Nos. 1810783, 1810785 and 1810786 February 4, 1980 at Reception No. 1816043 11. Right-of-way and Surface Damage Agreement dated November 9, 1984,between Lake Farm,a general partnership,and Shepler&Thomas,Inc.,pertaining to oil and gas wells in Sections 30 and 31,Township 4 North,Range 67 West,6th P.M. 12. Farm contract with Don Seewald dated November 24, 1998,as amended and extended on March 21,2000. 13. Oral month-to-month lease of the home at 19134 WCR 13,Johnstown,Colorado. 14. Boundary line discrepancies,conflicts in boundary lines,shortage in area and encroachments as shown on the boundary and improvement survey prepared by C.R. Moore Land Surveying dated April 16,2000. 15. Right of way for Farmers Extension Ditch as shown on Survey No.41-00 dated 4-10-00 by C.R.Moore Land Surveying. 16. All oil, gas and other minerals are a severed interest and are excepted as described in deeds recorded January 26, 1984 at Reception No. 1954168 and April 12, 1985 at Reception No. 2005573. SKLD WW 10 .199.51.63 WE 2763982-2000 .003 . . 1111111111112789777 1A�AI1 Ill 0 11111111111 AEEINNN OI SSS""I III • 1 of 3 R 15.00 0 235.00 Weld County CO WARRANTY DEED THIS WARRANTY DEED (this"Deed")is made to be effective as of the]ttday of August, 2000 between HILL LAKE, LLC,a Colorado limited liability company('Grantor),and SHULTZ FARM, INC./("Grantee"),whose legal address is/186649. Avenue;Creoloy,Eeleredcr-80034-3E14,County of Weld, State of Colorado. *a Colorado corporation 21475 Weld County Road 19, Milliken, Colorado 80543 WITNESSETH, that Grantor, for TEN DOLLARS ($10.00) in hand paid, and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, has granted,bargained,sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto Grantee, its heirs, successor and assigns forever, all the real property,together with improvements,if any,thereon, situate, lying and being located in the County of Weld,State of Colorado,as legally described on Exhibit A attached hereto(the"Property")' TOGETHER WITH all and singular the hereditatments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate,right,title,interest,claim and demand whatsoever of Grantor,either in law or In equity,of,in,and to the Property; TO HAVE AND TO HOLD the Properly with the appurtenances unto Grantee, its heirs,successors and assigns forever. Grantor, for itself and its heirs, successors and assigns, does covenant, grant, bargain and agree to and with Grantee, its heirs, successors and assigns, that tat the time of the execution and delivery of this Deed, Grantor is well seized of the Property, has good, sure,perfect,absolute and indefeasible estate of Inheritance, in law, in fee simple, and has good right,full power and authority to grant,bargain,sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except and subject to those exceptions set forth on Exhibit B attached hereto. Grantor will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceable possession of Grantee, its heirs, successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF,Grantor has executed this Deed as of the date first set forth above. HILL LAKE,LLC, a Colorado limited liability company By: Pauls Equities, LLC, a Colorado limited liability company, Its Man r /By . owers thorized Signatory STATE OF COLORADO ) )ss. COUNTY OF ADAMS ) �n s 7 RIM The foregoing instrument was acknowledged before me this 1 day f-tvfy, 2000, by Paul W. Powers, as Authorized Signatory for Pauls Equities, LLC, a Colorado limited liability company, as Manager of Hill Lake, LLC,a Colorado limited liability company. • .►j O,.\�+ d and official seal. 4A 'yyl� • 30 . 7,000 p p �_ft./. mi5ddq�', es I I 1;4•— 0, k .. �0 .QQ_/ Notary Public j,-...1..,�pa-..r OF 00 SKLD WW 10 .199.51.63 WE 2789777-2000 . 001 ► 11111111111111111►III 1111111►1►1 II►II1 lI llh►I Ill till • 2789777 08/28/2000 10:40A JA SukdTsukamoto 2 of 3 R 15.00 0 235.00 Weld County CO EXHIBIT A Legal Description THE SW 1/4; THE S 1/2 OF THE NW 1/4;. THE SW 1/4 OF THE NE 1/4; THE NW 1/4 OF THE SE 1/4; AND THE S 1/2 OF THE SE 1/4 OF SECTION 30; AND THE NW 1/4 OF SECTION 31; ALL IN TOWNSHIP 4 NORTH RANGE 67 WEST OF THE 6TH PM COUNTY OF WELD STATE OF COLORADO EXCEPT MINNIE LAKE RESERVOIR (BOOK 31 PAGE 481) ; TRACT CONVEYED IN BOOK 207 PAGE 37 (HEWITT RESERVOIR) ; ' AND PARCELS CONVEYED TO NORTHERN CONSTRUCTION COMPANY (GREAT WESTERN TRACTS) IN HOOK 73 AT PAGES 241 AND 242 SKLD WW 10 .199.51.63 WE 2789777-2000 . 002 1111111VIIIIIIIII1IIIHit VIII111111I1�1111111 till 2789777 08/28/2000 10:40A JA Suki Tsukamoto 3 of 3 ft 16.00 D 235.00 Weld County CO EXHIBIT Permitted Exceptions t. Pightr ci r!:'. rff-r,:.-inp:"-,..•:'•re,"{^•"•by the pnkliarero - 2. Easements,or claims of easements,not shown by the public r rds. 3. Discrepancies,conflicts in boundary lines,shorta ' area,encroachments,and any facts which a correct survey and inspection of the premix ould disclose,and which are not shown by the public records. 4. Any lien,or right to a lien,f erviees,labor or material heretofore or hereafter furnished, imposed by law and not n by the public records 5. Defects,lien cumbrances,adverse claims or other matters,If any,created,first appearing in the pub' records or attaching subsequent to the effective date hereof but prior to the date the pr sed Insured acquires of record for value the estate or interest or mortgage thereon covered Taxes and assessments for the year 2000, and subsequent years. fi re—fin"nwl pryctL-1 ewr any tr•, rpc'ief Crrrrrtsc"ts,thorns,c•nr• f i-•rd far s'ntr—ep 7. Any water rights or claims or title to water in, on or under the land. 8. Any existing leases or tenancies. 9. Reservation(s) as contained in Patent recorded November e, 1881, in Book 20 at Page 357. Said reservations) being as follows, "All 'Mineral Lands' should be found to exist in the tracts described in the foregoing, but this exclusion and exception according to the terms of the stature shall not be construed to include coal and iron land." 10. The right of the proprietor of a vein or lode to extract or remove his ore, should the same be found to penetrate or intersect the premises thereby granted and rights of way for ditches and canals as reserved in the United States Patent recorded January 16, 1883 in Book 34 at Page 114, and any and all assignments thereof or interests therein. 11. An easement for telephone and telegraph lines and incidental purposes granted to American Telephone and Telegraph by the instrument recorded December 24, 1927 in Book 833 at Page 431.' 12. An easement for electric power lines and incidental purposes granted to Colorado Central Power Company by the instrument recorded August 16, 1938 in Book 1029 at Page 442. 13. An easement for communication facilities and incidental purposes granted to American Telephone and Telgraph by the instrument recorded April 21, 1941 in Book 1077 at Page 516. 14. An easement for a pipeline and incidental purposes granted to Sinclair Pipeline Company by the instrument recorded June 26, 1963 in Book 1651 at Page 16. 15. Reservation of 2/3 interest in all oil, gas and minerals contained in deed recorded August 6, 1974 at Reception No. 1641907. 16. All oil, gas and other minerals as conveyed in deeds recorded January 26, 1984 at Reception No. 1954168 and April 12, 1985 at Reception No. 2005573 17. An easement for pipeline and incidental purposes granted to Associated Natural Gas Inc. by the instrument recorded July 24, 1989 at Reception No. 2186144. 18. Oil and Gas Leases Recorded: June 26, 1964 at Reception Nos. 1439378 and 1439379. December 3, 1979 at Reception Nos. 1810783, 1810785 and 1810786 February 4, 1980 at Reception No. 1816043 19. Right of way for Farmers Extension Ditch as shown on Survey No. 41-00 dated 4-10-00 by CR Moore Land Surveying. 20. Right of way and agreement, leases and survey concerns as contained in deed from Lake Farm LLC to Hill Lake LLC recorded April 26, 2000 at reception No. 2763982. SKID WW 10.199.51.63 WE 2789777-2000.003 CORRECTED RECORDED EXEMPTION NO. 1059-30-3-RE-2838 ;":`"""•""- `"" ".7....7.7...."-r; °""" `"' `"' 10O•pp .-......�aw ...•..... -a....+0 v0✓ ". .,?:.•-:::::.1,-.7--. PART OF SW 1/4 SEC. 30, PART OF NW 1/4 SEC. 31, T. 4 N., R. 87 W., 8 P.M. r. :,�� '"T».°'•^°" •'"r"~ `"-�~'�~°- '''' :,..2:•:::::,' ' l�" Y n••,.w.Y'••:{•MI,. .;64.x.a _ cr., • [. L 114.O rr�.•a 4.of•r o a.PP*loraY4Y. 1 rePoot.aoor A.a f.r.1 wdr .m[ru� Www..F•1r,r Ov YY w 1112 4[,w.•rt t,OP••wv MI 1,j4 1.'• C t/f COMR IIC A w�1i ..� •••••••1 n.i. .. •I..il r w"r Yr O•own.w.... 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CORRECTED RECORDED EXEMPTION 11E-Essi OS N 7O Sr..La WOOL 1x1) 21414 WA I9 FART OF SW 1/4 SIC.50,FART OF NW 1/4 SEC.It IOC:1.101)s•-,Su CMCs90 RA Awr°vt4.05.4 NIL I.N19)1w-•. arc••co 44..1 T.4 K,N.47 W.,E FAL,WELD COMITY,COLORADO I DEPARTMENT OF PLANNING SERVICES WI D PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 O 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO March 28, 2003 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: USR-1425 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, May 20, 2003, at 1:30 p.m., at the Southwest Weld County Complex,4209 CR 24'/x, Longmont, Colorado concerning the request of: NAME: Pilgrim Communications Inc. & Global American Enterprises Inc. FOR: Site Specific Development Plan and Use by Special Review for a Major Facility of a Public Utility (199 foot Monopole Antenna Tower) in the (A)Agricultural Zone District. LEGAL DESCRIPTION: Lot A. RE-2838; part SW4 Section 30, T4N, R67W of the 6th P.M.,Weld County, Colorado. LOCATION: East of and adjacent to CR 13; South of CR 42. Your property is within five-hundred (500)feet of the property on which this request has been made or you may have an interest in the minerals located under the property. For additional information write or telephone Lance Unverzagt, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1555 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. For your convenience,the Department of Planning Services has instituted a Planning Commission Agenda Phone Line. In some circumstances cases need to be continued to a later date. To ensure that this case is being heard, you may call 970-304-6499, up to the day of the scheduled hearing for this information. • • SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATES/INTEREST OWNER USR-1425 FICKEL PO BOX 436 BERTHOUD CO 80513 MC CARTY 611 PANORAMA CIRCLE LONGMONT CO 80501 MC CARTY REVOCABLE TRUST PO BOX 596 LONGMONT CO 80502-0596 MC CARTY REVOCABLE TRUST PO BOX 1418 CODY WY 82414 MC CARTY 3000 CR 301 PARACHUTE CO 81635 MC CARTY TRUST ATTN: ROBERT HOLT 1622 RACE STREET DENVER CO 80206 EXCO RESOURCES INC 6500 GREENVILLE AVENUE SUITE 600 DALLAS TX 75206 CORAL GULF EXPLORATION CORP C/O T M MC COY PO BOX 608 WILSON WY 83014 SCHULTZ FARM INC 21475CR19 MILLIKEN CO 80543 WEST 428 PRATT LONGMONT CO 80501 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number USR-1425 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 28'" day of March, 2003. 1)yU t ut Donita AFFIDAVIT OF INTEREST•AND OWNERS Page 1 of 1 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 105930000040 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. Sign ture D to Property Owners Within 500 ft.of Parcel# 105930000040 NAME I MAILING ADDRESS I PARCEL IDENTIFICATION # 21475 WELD CO RD 19 SHULTZ FARM INC 105930000042 MILLIKEN,CO 80543 21475 WELD CO RD 19 SHULTZ FARM INC 105930000043 MILLIKEN,CO 80543 21475 COUNTY RD 19 SHULTZ FARM INC 105930000048 MILLIKEN,CO 80543 428 PRATT WEST RONALD E & 106125000005 LONGMONT,CO 80501 LISTING OF MINERAL OWNERS AND MINERAL LESSEES (Shut) Subject Property: Township 4 North, Range 67 West, 6th P.M., Weld County, CO Section 30: Lot A of Recorded Exemption No. 1059-30-3-RE2838, being a part of the SW'1A Minco LLC, a mineral title company, states that to the best of its knowledge the following is a true and accurate list of the names and addresses of the mineral owners and mineral leasehold owners having an interest in the Subject Property, based upon the real property records of Weld County, Colorado as verified through March 3, 2003. Dated this 18th day of March, 2003. MINCOLLLLCC By: William G. Crews, CPL Certified Professional Landman #3477 Mineral Owners Patrick W. McCarty 3000 County Road 301 Helen M. Fickel Parachute, Colorado 81635 P.O. Box 436 Berthoud. Colorado 80513 Timothy D. McCarty Trust Robert B. Holt. Successor Trustee Frances R. McCarty 1622 Race Street 611 Panorama Circle Denver, Colorado 80206 Longmont, Colorado 80501 Mineral Leasehold Owners: Helen Y. McCarty Revocable Trust dated 12/12/1994 EXCO Resources, Inc. P.O. Box 596 6500 Greenville Ave., Ste. 600 Longmont, Colorado 80502-0596 Dallas, TX 75206 Michael H. McCarty as Trustee of the Coral Gulf Exploration Corporation, Michael H. McCarty Revocable Trust a suspended California corporation dated 11/26/2001 Go T.M. McCoy P.O. Box 1418 P.O. Box 608 Cody, Wyoming 82414 Wilson, WY 83014 Minco LW Mineral7itk Services P.O. Bor336337 (970)351-0733 Greeley, Co 80633-0606 Page 1 of 1 Sax(970)351-0867 ire ,tfg ix �rt �� sf 7 yy ��' 4 �F '^ 11n zYNa�j>' siFi�s>F?�S'f• "` March 28, 2003 Helen M. Fickel P.O. Box 436 Berthoud, CO 80513 To Whom It May Concern: This letter is written to inform you that Schultz Farm Inc., owners of the property described below and Pilgrim Communications, Inc. and Global American Enterprises, Inc, potential purchasers, are filing for a Use by Special Review Permit with Weld County to allow a 199-foot monopole antenna tower. Records indicate you may have a minerals interest in the property. Enclosed is a map of the site. If you have any questions, please call me at LANDPROfessionals, LLC. I will be representing the owner through out the application process. Legal Description: Lot A of corrected RE-2838;Pt. of the SW4 of Section 30, Township 4 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. Sincerely, Lauren Light Land Planner Cc: Weld County Planning Services Wirlitt 1 ds sir ! 7 r t{ y-4 .y f 551 f"J + March 28, 2003 Frances R. McCarty 611 Panorama Circle Longmont, CO 80501 To Whom It May Concern: This letter is written to inform you that Schultz Farm Inc., owners of the property described below and Pilgrim Communications, Inc. and Global American Enterprises, Inc, potential purchasers, are filing for a Use by Special Review Permit with Weld County to allow a 199-foot monopole antenna tower. Records indicate you may have a minerals interest in the property. Enclosed is a map of the site. If you have any questions, please call me at LANDPROfessionals, LLC. I will be representing the owner through out the application process. Legal Description: Lot A of corrected RE-2838; Pt. of the SW4 of Section 30, Township 4 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. Sincerely, //in�// a Lauren Light ��11 Land Planner Cc: Weld County Planning Services µ a � , N•J ( k:6 �5 t „T; SXcnw:6*; March 28, 2003 Helen Y. McCarty Revocable Trust Dated 12/12/1994 P.O. Box 596 Longmont, CO 80502-0596 To Whom It May Concern: This letter is written to inform you that Schultz Farm Inc., owners of the property described below and Pilgrim Communications, Inc. and Global American Enterprises, Inc, potential purchasers, are filing for a Use by Special Review Permit with Weld County to allow a 199-foot monopole antenna tower. Records indicate you may have a minerals interest in the property. Enclosed is a map of the site. If you have any questions, please call me at LANDPROfessionals, LLC. I will be representing the owner through out the application process. Legal Description: Lot A of corrected RE-2838;Pt. of the SW4 of Section 30, Township 4 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. Sincerely, 4...134th, Lauren Light Land Planner Cc: Weld County Planning Services ' F YFA t � St 1 i "" R ,i 6'C N`ei f" ,{ n r sp SF s p { f' ss 's ,mod, seo . .... March 28, 2003 Patrick W. McCarty 3000 County Road 301 Parachute, CO 81635 To Whom It May Concern: This letter is written to inform you that Schultz Farm Inc., owners of the property described below and Pilgrim Communications, Inc. and Global American Enterprises, Inc, potential purchasers, are filing for a Use by Special Review Permit with Weld County to allow a 199-foot monopole antenna tower. Records indicate you may have a minerals interest in the property. Enclosed is a map of the site. If you have any questions, please call me at LANDPROfessionals, LLC. I will be representing the owner through out the application process. Legal Description: Lot A of corrected RE-2838; Pt of the SW4 of Section 30, Township 4 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. Sincerely, jr-C-Cti\CM° U� Lauren Light Land Planner Cc: Weld County Planning Services 3 vi Yt k ^`3 �..k t � March 28, 2003 Coral Gulf Exploration Corporation, a suspended California corporation c/o T.M. McCoy P.O. Box 608 Wilson, WY 83014 To Whom It May Concern: This letter is written to inform you that Schultz Farm Inc., owners of the property described below and Pilgrim Communications, Inc. and Global American Enterprises, Inc, potential purchasers, are filing for a Use by Special Review Permit with Weld County to allow a 199-foot monopole antenna tower. Records indicate you may have a minerals interest in the property. Enclosed is a map of the site. If you have any questions, please call me at LANDPROfessionals, LLC. I will be representing the owner through out the application process. Legal Description: Lot A of corrected RE-2838; Pt. of the SW4 of Section 30, Township 4 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. Sincerely, .3284* Lauren Light Land Planner Cc: Weld County Planning Services 1'wa � 'tC 4; 4 - { L y g •}f March 28, 2003 EXCO Resources, Inc. 6500 Greenville Ave., Ste. 600 Dallas, TX 75206 To Whom It May Concern: This letter is written to inform you that Schultz Farm Inc., owners of the property described below and Pilgrim Communications, Inc. and Global American Enterprises, Inc, potential purchasers, are filing for a Use by Special Review Permit with Weld County to allow a 199-foot monopole antenna tower. Records indicate you may have a minerals interest in the property. Enclosed is a map of the site. If you have any questions, please call me at LANDPROfessionals, LLC. I will be representing the owner through out the application process. Legal Description: Lot A of corrected RE-2838; Pt. of the SW4 of Section 30, Township 4 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. Sincerely, Lauren Light Land Planner Cc: Weld County Planning Services 3 g y6 . w- Ttc"c.mm t ,.r N '*rJ�r�n vfi 3. y₹r` r�f: a"'poi �'ita�u rc{ ,; it -A,g} p y 1 3 Y 4 , x 7 ) \ [5 March 28, 2003 Timothy D. McCarty Trust Robert B. Holt. Successor Trustee 1622 Race Street Denver, CO 80206 To Whom It May Concern: This letter is written to inform you that Schultz Farm Inc., owners of the property described below and Pilgrim Communications, Inc. and Global American Enterprises, Inc, potential purchasers, are filing for a Use by Special Review Permit with Weld County to allow a 199-foot monopole antenna tower. Records indicate you may have a minerals interest in the property. Enclosed is a map of the site. If you have any questions, please call me at LANDPROfessionals, LLC. I will be representing the owner through out the application process. Legal Description: Lot A of corrected RE-2838;Pt. of the SW4 of Section 30, Township 4 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. Sincerely, —idC-CiNkfV\ 75417± Lauren Light Land Planner Cc: Weld County Planning Services • • wo- f VS 4 March 28, 2003 Michael H. McCarty as Trustee of the Michael H. McCarty Revocable Trust Dated 11/26/2001 P.O. Box 1418 Cody, Wyoming 82414 To Whom It May Concern: This letter is written to inform you that Schultz Farm Inc., owners of the property described below and Pilgrim Communications, Inc. and Global American Enterprises, Inc, potential purchasers, are filing for a Use by Special Review Permit with Weld County to allow a 199-foot monopole antenna tower. Records indicate you may have a minerals interest in the property. Enclosed is a map of the site. If you have any questions, please call me at LANDPROfessionals, LLC. I will be representing the owner through out the application process. 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Cibr s r CI Restricted r Fee 8es, nseeent Requred) ® "H A a (Edcreement Required) Y • al Postage&Fees $ a ru Total Postage s Fees $ _ •.0J ptle.. ru 0 ,� p sent To r - Ikck vv�c� •�ti1 � Olt L�Zv 7' ,r nor No.; ' N 3ree(Apt N 4. r � >9ox No. 'jpoo coilnt-� Ii�.o 1 eFPa Box Ne.' �)�, f�X 'sq4r3 State ZtPa4 nnmcrtlirt ,cLZ el<33s City,Slate,➢Pa4 - - Pt OVM 3663,Jhrr3oux sea davees tarMNruuil CDBS Print • • Page g of 8 Attachment 10 Description COMPREHENSIVE TECHNICAL EXHIBIT . . . ..._.... . ...... • lii WELD COUNTY, COLORADO, SOUTHERN PART 29 ave good survival are Rocky Mountain juniper, eastern The potential native vegetation is dominated by ar, ponderosa pine, Siberian elm, Russian-olive, and western wheatgrass and blue grama. Buffalograss is also deed ackberrY. The shrubs best suited are skunkbush sumac, present. Potential production ranges from 1,000 pounds ac, Siberian peashrub, and American plum. per acre in favorable years to 600 pounds in unfavorable Wildlife is an important secondary use of this soil. The years. As range condition deteriorates, a blue grama-buf- pland areas provide favorable habitat for ring-necked falograss sod forms. Undesirable weeds and annuals in- heasant and mourning dove. Many nongame species can vade the site as range condition becomes poorer. e attracted by establishing areas for nesting and escape Management of vegetation of this soil should be based rover. For pheasants, undisturbed nesting cover is essen- on taking half and leaving half of the total annual produc- ial and should be included in plans for habitat develop- tion. Range pitting can help in reducing runoff. Seeding is !rent, especially in areas of intensive agriculture. desirable if the range is in poor condition. Western 1 This soil has fair to poor potential for urban develop- wheatgrass, blue grams, sideoats grama, buffalograss, pu- inent. It has moderate to high shrink swell, low strength, bescent wheatgrass, and crested wheatgrass are suitable old moderately slow permeability. These features create for seeding. The grass selected should meet the seasonal 'problems in dwelling and road construction. Those areas requirements of livestock. It can be seeded into a clean, that have loam or sandy loam in the lower part of the firm sorghum stubble, or it can be drilled into a firm substratum are suitable for septic tank absorption fields prepared seedbed. Seeding early in spring has proven and foundations. Some areas of this soil are adjacent to most successful. streams and are subject to occasional flooding. The poten- Windbreaks and environmental plantings are generally tial is fair for such recreational development as camp and well suited to this soil. Cultivation to control competing picnic areas and •la 'a •und . a..bilit class I irrigated. vegetation should be continued for as many years as — unn c a oam to 3 • rc' ' - • , 's. This is a possible following planting. Trees that are best suited and deep, raine soi on to .ces and smoot plains at have good survival are Rocky Mountain juniper, eastern elevations of 4,550 to 5,150 feet. It formed in mixed allu- redcedar, ponderosa pine, Siberian elm, Russian-olive, and vium and eolian deposits. Included in mapping are small, hackberry. The shrubs best suited are skunkbush sumac, long and narrow areas of sand and gravel deposits and lilac, Siberian peashrub, and American plum. small areas of soils that are subject to occasional flooding. Wildlife is an important secondary use of this soil. The Some leveled areas are also included. cropland areas provide favorable habitat for ring-necked Typically the surface layer of this Nunn soil is grayish pheasant and mourning dove. Many nongame species can brown clay loam aobut 9 inches thick. The subsoil is light be attracted by establishing areas for nesting and escape brownish gray clay loam about 14 inches thick. The upper cover. For pheasants, undisturbed nesting cover is essen- part of the substratum is light brownish gray clay loam. tial and should be included in plans for habitat develop- The lower part to a depth of 60 inches is brown sandy ment, especially in areas of intensive agriculture. Range- loam. land wildlife, for example, the pronghorn antelope, can be Permeability is moderately slow. Available water attracted by developing livestock watering facilities, capacity is high. The effective rooting depth is 60 inches managing livestock grazing, and reseeding where needed. or more. Surface runoff is medium, and the erosion This soil has fair to poor potential for urban develop- hazard is low. ment. It has moderate to high shrink swell, low strength, In irrigated areas this soil is suited to all crops com- and moderately slow permeability. These features create monly grown in the area, including corn, sugar beets, problems in dwelling and road construction. Those areas beans, alfalfa, small grain, potatoes, and onions. An exam- that have loam or sandy loam in the lower part of the ple of a suitable cropping system is 3 to 4 years of alfalfa substratum are suitable for septic tank absorption fields followed by corn, corn for silage, sugar beets, small grain, and foundations. Some areas of this soil are adjacent to or beans. Generally such characteristics as the high clay streams and are subject to occasional flooding. The poten- content or the rapidly permeable substratum slightly tial is fair for such recreational development as camp and restrict some crops. picnic areas and playgrounds. Capability subclass Ile ir- All methods of irrigation are suitable, but furrow ir- rigated, IIIc nonirrigated; Clayey Plains range site. rigation is the most common. Proper irrigation water 43—Nunn loamy sand, 0 to 1 percent slopes. This is a management is essential. Barnyard manure and commer- deep, well drained soil on terraces at elevations of 4,700 cial fertilizer are needed for top yields. to 4,900 feet. It formed in alluvium along Box Elder In nonirrigated areas most of the acreage is in small Creek. Included in mapping are small areas of soils that grain and it is summer fallowed in alternate years. have a loamy subsoil and small areas of soils that are sub- Winter wheat is the principal crop. The predicted average ject to rare flooding. yield is 33 bushels per acre. If the crop is winterkilled, Typically the surface layer of this Nunn soil is brown spring wheat can be seeded. Generally precipitation is too loamy sand overburden about 9 inches thick. The subsoil low for beneficial use of fertilizer. is dark to very dark grayish brown clay loam about 21 Stubble mulch farming, striperopping, and minimum til- inches thick. The substratum to a depth of 60 inches is lage are needed to control soil blowing and water erosion. loamy very fine sand, loamy sand, or sand. • • GEOTECHNICAL EXPLORATION FOR A PROPOSED RADIO TOWER AT LOT A, SECTION 30, TOWNSHIP 4 NORTH, RANGE 67 WEST, WELD COUNTY, COLORADO Prepared for: Pilgrim Communications, Inc. 2450 Airport Road, G363 Longmont, Colorado 80503 February 24, 2003 Project No.: 5479-01-01-01 Prepared By SCOTT, COX& ASSOCIATES, INC. 5110 Granite Street, Suite D Loveland, Colorado 80538 j/ &sCOTT , COX & ASSOCIATES, INC. consulting engineers February 24, 2003 Pilgrim Communications, Inc. 2450 Airport Road, G363 Longmont, Colorado 80503 RE: Geotechnical Exploration for a Proposed Radio Tower at Lot A, Section 30, Township 4 North, Range 67 West, Weld County, Colorado Scott, Cox & Associates, Inc. Project No.: 5479-01-01-01 Gentlemen: The enclosed report presents the results of a geotechnical exploration for a proposed radio tower and associated outbuilding at Lot A, Section 30, Township 4 North,Range 67 West, Weld County, Colorado. This report contains the results of our exploration and recommendations concerning design and construction of the foundation, ground-level floor systems and slabs-on-grade. In summary,sandy clays and clayey sands were encountered over sandstone/siltstone bedrock strata to the depths explored. Although the soils and/or rock appear to be suitable for support of the proposed radio antenna and associated outbuilding structure,care will be needed in both the design and construction of the structures to minimize the potential for foundation movement. We appreciate the opportunity to be of service to you on this project. If you have any questions, please feel free to call. Sincerely, SCOTT, COX & ASSOCIATES, INC. - R.B."Chip" Leadbet#,er, lll, P E. Gary J. Higgins,a �i Chief Geotechnical En'gittper , ,,. i,. Geologist -, 41 4»:, G:IGeotechnicallReportslPilgrim CommunicationslL.otA, S30T-0R671report.wpd 020603 5110 Granite Street, Suite D • Loveland, Colorado 80538 • (970) 663-0138 • Fax: (970) 663-1660 Serving Colorado with offices in• Boulder•Longmont•Loveland • TABLE OF CONTENTS SCOPE Page 1 SITE DESCRIPTION Page 1 FIELD EXPLORATION Page 1 LABORATORY TESTING PROCEDURES Page 3 SUBSURFACE CONDITIONS Page 3 FOUNDATION RECOMMENDATIONS Page 5 FLOOR SYSTEMS AND SLABS-ON-GRADE Page 9 EARTHWORK Page 10 GEOTECHNICAL LIMITATIONS Page 12 APPENDIX A Al LIST OF FIGURES BORING LOCATION AND SITE MAP Figure 1 LEGEND OF SYMBOLS Figure 2 SUMMARY LOG OF BORINGS Figure 3 GRAIN SIZE DISTRIBUTION CURVES Figure 4 SUMMARY OF LABORATORY TEST RESULTS Table 1 Lot A, S30, T4N, R67W Page 1 SC4 Project No.: 5479-01-01-01 Febraiary 24,-2003 SCOPE The following report presents the results of our geotechnical exploration for a proposed radio tower at Lot A, Section 30, Township 4 North, Range 67 West, Weld County, Colorado. The structure is anticipated to be of typical three anchor tower system. Drilled straight-shaft pier foundations are anticipated for the tower and anchors. In addition, a small building structure may be constructed in conjunction with the tower. This building is anticipated to be of wood or masonry frame construction. Slab-on-grade construction with a cast-in-place concrete foundation is anticipated for this structure. The depths of foundation construction are anticipated to range from one (1)to four(4) feet below grades which existed at the time of this exploration. It is anticipated that final grades may be adjusted to accommodate drainage and construction depths. It is recommended that we review the final grading plan to determine if any revisions to the recommendations presented in this report are necessary. The purpose of this exploration was to identify subsurface conditions and obtain the test data necessary to provide recommendations for design and construction of foundations, floor systems and slabs-on-grade. The conclusions and recommendations presented in this report are based upon the acquired field and laboratory data and on previous experience with subsurface conditions in this area. SITE DESCRIPTION The site is located southwest of Milliken, north of County Road 40 and on the east side of County Road 13. The site is generally in a plains area and is primarily vegetated with grasses and weeds. The site appeared to have been previously used for agricultural purposes. At the time of our exploration the site was undeveloped with paved County Roads nearby. The building site on the 4.97+acre parcel has a gentle slope in a eastern direction. No water features or rock outcrops were noted onsite. FIELD EXPLORATION The field exploration was conducted on February 14, 2003. The field exploration consisted of drilling, logging and sampling four(4)borings at selected locations across the site, as indicated on Lot A, S30, T4N, R6711- Page 2 SCA Project No.: 5479-01-01-01 February � ,.4 2003 the Boring Location Map. The borings were drilled to depths ranging from twenty six(26)to forty five (45) feet using a truck-mounted continuous flight auger drilling rig. The boring locations were established by Scott, Cox & Associates, Inc. personnel based on a site plan provided by Mr. Ron Crider of Pilgrim Communications. Distances from the referenced features are approximate and were made by pacing. Angles for locating the borings were estimated. The boring locations should be considered accurate only to the degree implied by the methods used to make those measurements. Logs of the boring operations were compiled by a representative of our firm as the borings were advanced. The graphical logs of the borings are presented in Figure No. 3. Soil sampling was concentrated at approximate foundation-influence elevations. The approximate location of soil and rock contacts, free groundwater levels, samples and standard penetration tests are shown on each boring log. The transition between different strata can be, and often is, gradual. The descriptions of the soil and/or bedrock strata are based, primarily, on visual and tactual methods which are subject to interpretation pending other methods, classification systems and/or tests. An index of relative density and consistency was obtained in general accordance with the procedures of the standard penetration test, ASTM Standard Test D-1586. The penetration test result listed on the log is the number of blows required to drive the two (2) inch diameter split- spoon sampler twelve(12) inches(or as shown)into undisturbed soil by a one hundred forty(140) pound hammer dropped thirty (30) inches. Undisturbed samples for use in the laboratory were collected using three (3) inch O.D. thin wall samplers (Shelby) in general accordance with sections of ASTM D-1587. In this procedure, a seamless steel tube with a beveled cutting edge is pushed hydraulically into the ground to obtain a relatively undisturbed sample of cohesive or moderately cohesive soil. A two and one-half(21/2) inch O.D. California Barrel Sampler was also used to collect partially disturbed samples. All samples were sealed in the field and preserved at natural moisture content prior to testing. Lot A, 530, T4N, R670" Page 3 SCA Project No.: 5479-01-01-01 February 24, 2003 LABORATORY TESTING PROCEDURES The recovered samples were tested in the laboratory to measure their dry unit weights, natural water contents,and for classification purposes. Selected samples were tested to determine strength and stability characteristics such as swelling, compressibility, collapse and shear strength. One dimensional swell/consolidation tests were performed on selected samples to evaluate the expansive, compressive and collapsing nature of the soils and/or bedrock strata. In the swell/consolidation test, a trimmed specimen is placed in a one-dimensional confinement ring and a vertical load of 100 psf and/or 500 psf is applied. The sample is then inundated with water and allowed to swell or consolidate until no further change in volume is recorded. The confining load is then incrementally increased until the specimen is compressed to its original volume. Results of those tests are presented at the end of this report. A calibrated hand penetrometer was used to estimate the approximate unconfined compressive strength of selected samples. The calibrated hand penetrometer has been correlated with unconfined compression tests and provides a better estimate of soil consistency than visual examination alone. As part of the testing program, Atterberg Limits and gradation analysis were conducted on selected samples to determine the plasticity and texture of the soils. SUBSURFACE CONDITIONS In summary,clayey sands and sandy clays were encountered over sandstone/siltstone bedrock strata to the depths explored. Free groundwater was encountered in the borings. Refer to the attached boring logs and summary of laboratory tests. CLAY- Clays with moderate to high amounts of sand and slight to moderate amounts of silt were encountered in the upper twenty(20)feet of Test Hole No. 2, the upper four(4) feet of Test Hole No. 3 and the upper seven (7) feet of Test Hole No. 4. The clays appear to be slightly porous, moist, soft to firm and brown. The clays exhibit low bearing capacities with low swell potentials as detected in our tests. Lot A, S30, T4N, R67W Page 4 SCA Project No.: 5479-01-01-01 February 24, 2003 SAND- Sands with moderate to high amounts of clay and moderate amounts of silt were encountered in the upper sixteen(16)feet of Test Hole No. 1 and from below the upper soils to the depths explored in Test Hole No. 3. The sands appear to be slightly moist to very moist,very loose to medium dense and brown to brown-gray. The sands exhibit low bearing capacities with low swell potentials as detected in our tests. SANDSTONE/SILTSTONE- Sandstone/siltstone bedrock strata with slight amounts of clay and claystone lenses were encountered from below the upper soils to the depths explored. The upper four (4) to six (6) feet appear to be moderately weathered. The competent sandstone/siltstone bedrock strata exhibits high bearing capacities with low swell potentials. Our experience with the bedrock in this area has shown it to have low to moderate swell potential. Due to the often variable nature of soil deposits and sedimentary bedrock formations, it is impossible to fully characterize the strength and swelling properties of these materials at all depths at any given site. Strata may exist at the site which possess higher or lower swell potentials than these tests indicate. GROUNDWATER-Groundwater levels were recorded as the borings were advanced, immediately after completion several days after of the drilling operation. At the time of our field exploration, free groundwater was encountered in the test holes at depths ranging from nineteen and one-half (19'1) feet to thirty(30) feet. The groundwater table can be expected to fluctuate throughout the year depending on variations in precipitation, surface irrigation, and runoff on the site. The groundwater levels recorded and/or described represent the free, static water levels after equalization of hydrostatic pressures in the borings. This means that the groundwater levels recorded in the borings may not be present at those levels in the excavations. Flow rates, seepage paths, hydrostatic pressures, seasonal groundwater fluctuations, water quality and other factors were not determined in this exploration. A program, which may include special well construction, test procedures, long-terns monitoring program and analysis, would be necessary to determine these factors. Lot A, S30, T-IN, R67W Page 5 SC-I ProjectNo.: 5479-01-01-01 February 24, 2003 FOUNDATION RECOMMENDATIONS Drilled straight-shaft pier foundations are anticipated for the radio tower structure to provide the necessary bearing capacities and uplift anchoring. The small associated building could be supported on a shallow spread footing style foundation. DRILLED STRAIGHT-SHAFT PIERS-Due to anticipated bearing load and the anchoring needs of the radio tower structure, we recommend the use of a drilled straight-shaft pier foundation system. For bearing support of the tower,the piers should be designed for a maximum end bearing pressure of 20,000 pounds per square foot (psf) and using a skin friction value of 1500 psf for that portion of the pier in competent bedrock. For uplift resistance at the anchors, the piers should be designed for an uplift skin friction value of 750 psf for that portion of the pier in competent bedrock. Skin friction should be neglected for the upper ten(10) feet of all piers. The piers should be drilled a minimum length of thirty (30) feet with a minimum penetration of eight (8) feet into competent bedrock. Longer piers may be necessary to achieve the recommended bedrock penetration. The recommended pier depths are deeper than the test borings were drilled for this exploration. Subsurface conditions to be encountered in the caisson borings may vary from those anticipated based on this exploration. In the event that the client, or other parties, desire to obtain subsurface data deeper than this exploration, additional borings drilled to the proposed bottom-pier elevations are recommended. No minimum dead load from the structure is required on the piers as the pier analysis was performed assuming a minimal dead load condition. If modification of pier lengths is desired as a result of adding dead load to each pier, our office should be contacted to review the design parameters and issue revised recommendations. Based on the design information provided above, all piers should be reinforced full-length with a minimum of two (2) #5 Grade 40 or two (2) #4 Grade 60 bars. This minimum meets the needs of the geotechnical constraints of the subsurface conditions and swelling soils only. All piers should LotA, S30, T4N, R67h[' Page 6 SC4 Project No.: 5479-01-01-01 February 24, 2003 be reinforced full depth for the applied axial, lateral and/or uplift forces imposed, possibly requiring additional steel reinforcing. Piers should have a minimum diameter of twelve(12)inches. In general, the pier length should not be more than approximately thirty (30) times the pier diameter. If the pier diameter is anticipated to be greater than twelve (12) inches, the minimum steel reinforcing requirements may need to be increased. Our office should be contacted to review the design parameters and issue revised recommendations. A four/six (4/6) inch continuous void space should be constructed beneath all grade beams to ensure load concentration on the piers and to isolate the foundation from the expansive soils. The bottom of the grade beams should be located at least three (3) feet above the groundwater levels. The following design and construction details should be observed: I. Pier shafts should be drilled plumb to within 1.5% of the shaft length. 2. All piers should be carefully cleaned and de-watered before pouring concrete. In our opinion, casing and/or de-watering will be required. Concrete should be placed from the bottom up with a pump truck or other methods to displace the water. 3. Reinforcement should be placed immediately after drilling each pier to ensure concrete coverage over the steel. Concrete shall be placed immediately after placement of the reinforcement steel to prevent deterioration or contamination of the friction surfaces.Reinforcement should extend into grade beams and foundation walls. 4. Care should be exercised to ensure that "mushrooming" does not occur at the top of the piers. A short section of sonotube or pier caps topping each boring is recommended to maintain a straight shaft. 5. A representative number of pier holes should be inspected by a representative of our firm prior to the placement of concrete to ensure that the required penetration and depths are met, that no loose materials remain in the holes, and that the holes are properly cleaned, de-watered and plumb. Lot A, S30, T4N, R67W Page 7 SC4 Project No.: 5479-01-01-01 February 24, 2003 6. Most of the bedrock at the site can be drilled with normal heavy commercial-size pier drilling rigs. Some of the bedrock is very hard and a problem may arise if the contractor attempts to drill the pier holes with small drill rigs. In the event drilling refusal is encountered, a larger drill rig should be used, or the structural engineer may adjust the depth of penetration into bedrock if design criteria are adjusted accordingly. 7. All concrete shall be composed of Type I/II sulfate resistant cement. 8. The drilled pier depths recommended may be deeper than the test holes drilled for this exploration. Should the owner or contractor desire information not provided in this report regarding groundwater depths or drillability below the depths of this exploration, we could provide additional test holes for an additional fee. SPREAD FOOTINGS- Based on conditions observed in the field, laboratory tests and the anticipated bearing loads, we feel that the associated outbuilding structure could be supported by a continuous spread footing and isolated pad foundation. The footings should be placed on the undisturbed native clayey sands or sandy clays, and should be kept at least three(3)feet above the groundwater. The footings should be designed for a maximum allowable bearing pressure of 1000 pounds per square foot (dead load plus live load). If isolated areas of unacceptable soils,fill or trash are exposed during final footing excavation,these areas should be removed down to acceptable soils prior to placement of the footings. Footings can then be placed directly on the acceptable soil, or the excavation can be backfilled up to the desired footing bearing elevation with select, approved fill. The fill should extend a minimum 1'h times the footing width beyond the edges of the footings. Fill beneath the pads should extend a minimum of two (2) feet beyond the edges of the pads. All fill should be placed, compacted, tested and approved in accordance with the recommendations contained in the Section "Site Grading and Utilities", and Appendix A of this report. The following recommendations should be followed in the design of the foundation system: 1. All footings and pads should bear below frost depth. Frost depth in this area is considered to be thirty (30) inches. Lot A, 530, T4N, R67Gi7 Page 8 SC4 Project No.: 5479-01-01-01 February 24, 2003 2. Foundation walls should be reinforced with rebar to span an unsupported length of ten (10) feet. Rebar should be run continuously around corners and should be properly spliced. Foundations should be designed by a Registered Engineer for the conditions described in this report. 3. All footings and pads should bear on similar strata. 4. We recommend the performance of an excavation inspection to make a final determination of foundation type and validate these recommendations. 5. Refer to the FLOOR SYSTEMS AND SLABS-ON-GRADE section of this report for recommendations for below-grade floor systems and slabs-on-grade. 6. To prevent over-drying, over-moistening or deterioration of the exposed soils prior to placement of the footings, the excavation should not be left open for an extended period of time. In the event that the excavation is left open for more than one week after the open hole inspection, or if rain, snow melt or groundwater has accumu- lated in the excavation, the engineer shall be notified for a re-inspection to determine the condition of the supporting materials and make recommendations for remediation accordingly. 7. Footings or pads shall not be constructed on frozen ground, topsoil, unapproved fills or other deleterious materials. Loose soil shall be removed from the footing forms prior to placing concrete. 8. Footing and pads shall not be placed on sloped surfaces unless provisions for dowels or keyways are designed to accommodate these conditions. 9. To avoid disturbance of supporting native soils, excavations in the soft soils should be conducted with equipment which does not produce wheeled traffic in the excavation. The assignment of foundation types and these recommendations should not be considered absolute. Due to the inherent variability of soil conditions at any given site, the type of foundation is subject to change if conditions encountered in the actual excavation are inconsistent with the findings of this report. We recommend the completed excavation be observed by a member of our technical staff to identify the groundwater level and to verify that the actual soil conditions are consistent with those encountered during this exploration. Lot.4, 530, T4N R670' Page 9 SC.4 Project No.: 5479-01-01-01 February 24, 2003 FLOOR SYSTEMS AND SLABS-ON-GRADE The samples of the soils encountered at the site exhibited low swell potentials as moisture contents are increased. Strata may be present which could exhibit higher and lower swelling than detected during this exploration. Floor slabs placed on or near potentially swelling soils are expected to heave and crack to some degree. Most of the movement will be differential or uneven. It is impossible, with the current state of technology,to predict with certainty how much slab movement will actually occur. From an engineering perspective, slab movements on the order of'/ inch or so would be considered low, whereas 1'/ inches or more would be considered moderate to high. Ultimately, though, it should be the owner who determines whether '/inch of slab heave is low or high. In some cases, the amount of movement may be considered to be intolerable. Slabs placed on the native, unaltered clays and sands may experience slight heaving and cracking, but, in our opinion, should not be excessive. Where floor movement and/or cracking cannot be tolerated by the owner, we recommend that structural floors be constructed in place of slabs-on-grade. Structural wood floors are typically constructed eighteen (18) inches or more above the natural soils, creating a zone of separation (crawl-space) between the floor and the soil. This allows the soil to expand and contract independently of the floor and any interior fixtures. Structural concrete and structural steel floors require less than the eighteen (18) inch void space required for wood floors. Another alternative which can reduce the amount of movement and cracking of interior and exterior slabs would be to remove at least two (2) feet of the soil under the slab and replace with moisture and density controlled on-site or imported soil. Refer to Appendix A of this report for compaction, testing guidelines. All fill shall be tested, inspected and approved by the Engineer. Where slabs-on-grade are chosen and the owners are willing to accept the risks associated with slab movement, the following recommendations should be followed: 1. Slabs should be constructed to be"free floating". The slabs should be isolated from all structural components and utilities which penetrate the slab. Isolation may be achieved with '/ inch isolation material or by sleeving. Lot A, S30, T4N, R67Gi' Page 10 SC4 Project No.: 5479-01-01-01 February 24, 2003 2. A one and one-half(1'/z) inch void should be constructed under all partition walls located over slabs. The void should be monitored periodically by the owner for the life of the structure. The void should be immediately re-established if the voids are within one-half('/z) inch of closing. 3. Eliminate underslab plumbing where feasible. Where such plumbing is unavoidable, it should be pressure tested during construction to minimize leaks which would result in wetting of the subsoils. 4. Divide slabs-on-grade into panels by use of control joints. We recommend joints be placed no more than twelve(12)feet on center in each direction. Control joints should also be located at potential weak areas such as the corners of driveway slabs. The depth of the control joints should be one-quarter (1/4) of the slab thickness. 5. Slabs should be underlain with a four(4)inch layer, or more, of clean gravel to help distribute floor loads and to provide a capillary break should moisture collect beneath the slab. No particles smaller than 3/8" should be permitted in the gravel. Other methods of moisture proofing may be required by the floor covering manufacturer. 6. All exterior slabs should be constructed using a more durable sulfate-resistant concrete containing Type I/II cement and with higher air contents and lower water- cement ratios. 7. Slabs should be reinforced with wire mesh, fiber mesh, or equivalent to help control crack separation. 8. To avoid settlement and distortion of exterior slabs due to improper compaction, we recommend that concrete slabs that must span the backfill be supported by the foundation walls. This is conventionally done by use of a brick ledge or haunch. Exterior slabs should not be doweled to the foundation wall. The slab should be reinforced as necessary for the span involved. 9. Refer to ACI 301.R for additional recommendations for design and construction of floor slabs. EARTHWORK SITE PREPARATION- Recommendations pertaining to site grading are included below and in Appendix A of this report. We recommend the upper twelve (12) inches of the topsoil below building, filled and paved areas be stripped and stockpiled for reuse in planted areas. The upper six (6)inches of the subgrade below paved and filled areas should be scarified and recompacted within Lot A, S30, T4N, R67YF Page 11 SC4 Project No.: 5479-01-01-01 February 24, 2003 plus or minus two percent (+2%) of optimum moisture to at least ninety-five percent (95%) of standard Proctor density ASTM D-698-78 (See Appendix A of this report). Underground water- lines,sewer-lines and perimeter drains should be bedded with at least twelve(12)inches of granular material over the pipe. The water and sewer bedding should not be used within ten (10)feet of the foundation to minimize the transfer any groundwater which may enter the bedding to the foundation. The foundation and retaining walls should be well-cured and well braced prior to backfilling. FILL MATERIALS-In our opinion, most of the on-site soils encountered could be used as backfill against foundation walls and utility trenches provided the recommendations for compaction, moisture control and testing are followed. If imported backfill materials are used next to the foundation walls, they should be relatively impervious and non-expansive. Past experience has shown that severe damage could occur to the foundation walls if excessively expansive material is placed for backfill and allowed to become wet. The soils should be well pulverized and the proper moisture blended prior to placement for compaction. Refer to Appendix A of this report for recommended moisture contents. COMPACTION- Suggested recommendations pertaining to compaction of the soils are included in Appendix A of this report. Municipal codes, special construction requirements or other controlling factors may require modifications to those recommendations. LANDSCAPING AND DRAINAGE-Every precaution should be taken to prevent wetting of the subsoils and percolation of water down along the foundation elements. Controlling the drainage will lessen the chances of water related damage. Finished grade should be sloped away from the structure on all sides to give positive drainage. A minimum of twelve(12)inches fall in the first ten (10)feet(10%)is recommended. Where asphalt or concrete adjoins the foundation walls,the slope can be reduced to four (4) inches fall in ten (10) feet (3.3%). Any cracks or joints shall be sealed and maintained so that surface waters cannot penetrate the surface. If the concrete or asphalt extends no further than five (5) feet from the foundation, the remaining slope away from the Lot A, S30, T4N, R67W Page 12 SCA Project No.: 5479-01-01-01 February 24, 2003 foundation should be ten percent (10%) as described above. Positive drainage away from the foundation should be maintained throughout the life of the structure. In the event that the backlit] settles, the original grade must be restored so that the site drains effectively. Planted areas are not recommended around the perimeter of the foundations. However, if the owners are willing to accept the risks of foundation and slab movement, low water-use(xeriscape) plant varieties could be used. An impervious horizontal membrane, such as polyethylene, should not be used next to the foundation wall. We recommend the use of a landscape fabric which will allow normal evaporation, in lieu of a plastic membrane. All plants located next to the foundation should be hand-watered using only the minimum amount of water. Sprinkling systems should not be installed within ten (10) feet of the structure, and spray from sprinklers should not fall within five (5) feet of the foundation. Gutters and downspouts are recommended and should be arranged to carry drainage from the roof at least five(5)feet beyond the foundation walls. SLOPE CONSIDERATIONS-The scope of this report does not include a slope stability analysis. At a minimum, the structure placed adjacent to slopes of3h:ly(33.3%), or more, should have the setbacks from the toe of the slope as described in Section 1806.5 of the UBC 1997 Volume 2 if a slope stability analysis is not to be conducted. GEOTECHNICAL LIMITATIONS The data presented herein were collected to help develop designs and cost estimates for this project. Professional judgments and estimates on design alternatives and criteria are presented in this report. These are based on evaluation of technical information gathered, our understanding of the characteristics of the structure proposed, and our experience with subsurface conditions in this area. We do not guarantee the performance of the project in any respect, but only that our engineering work and judgments rendered meet the standard of care of our profession. Lot A, S30, T4N, R67W Page 13 SCA Project No.: 5479-01-01-01 February 24, 2003 This investigation was conducted for a unique set of project specifications. In the event that the scope of the project has changed from those described in this report such as, the building orientation,location, size,types and depths/elevations of construction,risk acceptance,usage, etc., additional testing and evaluation by the geotechnical engineer may be required to validate or modify our recommendations. It is the Contractor's and/or Owner's responsibility to inform the Engineer of any changes of the scope of this project as described in this report. No individual, other than the client, should use this report for its intended purpose without first consulting with the geotechnical engineer. Due to the changing nature of geotechnical engineering practices,the information and recommenda- tions provided in this report shall only be valid for two (2)years following the date of issue. After that time, our office should be contacted to review the information presented in this report and provide updated recommendations and design criteria appropriate for the engineering methodolo- gies used in standard practice at that time. The test holes drilled were spaced to obtain a reasonably accurate picture of subsurface conditions for design purposes. Due to the limited number of borings and samples,variations in the subsurface conditions often exist which may not be observable given the scope of this investigation. These variations are sometimes sufficient to necessitate modifications in design. The open hole inspection should be conducted and is the geotechnical engineer's last chance to determine if any subsurface conditions observed substantiate changes in these recommendations. Additional testing and evaluation may be necessary pending the outcome of the open hole inspection. The methodology used to establish recommendations for construction on soils is not an exact science. Engineering judgement and experience, in addition to laboratory and field analyses, are used to make these recommendations. Therefore, the recommendations and solutions made in this report cannot be considered risk-free and are not a guarantee of the performance of the structures. The recommendations included in this report are our best estimates of the measures that are necessary to help ensure that the proposed structures perform in a satisfactory manner. The • • Lot A, S30, T4N, R67PV Page 14 SCA Project No. 5479-01-01-01 February 24, 2003 contractor and owner should discuss and understand the risks of construction at this site, and should agree on what level of risks and measures are acceptable. We recommend that construction be observed by a qualified soils technician trained and experienced in the field to take advantage of opportunities to recognize undetected conditions which might affect the performance of the foundation systems. It is recommended that a copy or summary of this report be provided to any new or future owners of this property. A copy of A Guide to Swelling Soils for Colorado Homebuyers and Homeowners, Colorado Geological Survey Special Publication 43 should also be provided to any new or future owners of the property. The CGS publication states, "It is essential that the homeowner understands how to check and maintain all of the different systems that were designed to protect a house against swelling soil damage." This applies to not only homes but other structures as well. W Goa.Sec 3O i w " �l 3 t L U1CR 4® / 0 ID V VICINITY NAP (not to pub) Lot C Lot A '0 4.91 ac. 0 Copper (X Ground Plane Plane TIC-2 U TI-4-I TN-4 Slab on Grade Building TI-I-3 Access Easement -31 Lot C SW Cor.Sac 3m-4-61 BORING LOCATION Client: Pilgrim Communications, Inc. AND SITE MAP Project: Lot A, 630, T4N, Wo1W Weld County, Colorado `SCOTT, COX 4 ASSOCIATES, INC. Approximate Scale: I" = 15O' Loveland, Colorado Project No. 5419-01-01-01 Fig. No. I Fill materials 7.-Shelby sample dwater Level a Drilling Gravel s% -_- • Stabilized Groundwater Level Sand \\- Standard GNE • Groundwater not encountered Silt Penetration -Cr- . Depth of Borehole Caving 7.Test sample • Y Clay y TH-I = Boring Location and ID Weathered bedrock e -California sample' 't' , I =Test Pit Location and ID Siltstone Yr si, /7 . Approx. Surface Slope (downward) Claystone Sandstone s Groundwater level Limestone * Drilling and standard penetration testing were Igneous 4 Metamorphic - Denotes caving rocks of the boring perFormed In general accordance with A5TM D 1556. at that level Numbers to right of borings indicate the SPT values for the specified Inches of penetration. The SPT test Symbols may be combined to represent mixtures. Soil uses a 140 lb hammer falling 30 Inches. Example: '6/12' Classifications are based on the Unified Soil Classification Indicates six blows providing twelve Inches of system (USCS)and A5TM D-2488. penetration. Unified Soil Classification System (USCS) More than 50% Less than Cu≥4 and I≤Ccc3 Gill Well-graded Gravel Coarse Grained or coarse fraction 5% Fines Cu<4 and/or I>Cc>3 GP Poorly-graded Gravel Soils,more retained on More than Fines classify as ML or MFI GM Silty Gravel than 50% No.4 Sieve 12% fines Fines classify as CL or CH GC Clayey Gravel Retained on Less than Cu6 and 1≤Cc≤3 SW Well-graded Sand No.200 sieve More than 50% 5% fines Cu<6 and/or I>Cc>3 SP Poorly-graded Sand passes No.4 sieve More than Fines classify as ML or MN SM Silty Sand - i2% fines Fines Classify as CL or CH SC Clayey Sand Fine Grained Liquid Limit Inorganic PI>1 and plots on or above 'A' line CL Low Plastic Clay (Lean) Soils,more less than 50 LLt....,dn.1)/LL(,ot drlsy < 0.15 ML Silt than 50% Organic PI 4 and plots below 'A' line OL Organic Clay or Silt Inorganic PI plots on or above 'A' line CH High Plastic Clay (Fat)passes the Liquid Limit No.200 sieve more than 50 PI plots below 'A' line MI-I High Plastic Silt (Elastic) Organic LL ra,.,anem/LL,„.4.ml.m < 0,15 OH Organic Clay or Silt Highly Organic Soils Primarily organic matter PT Prat 0 - P Cu • Dr/De Cc • Cie PI • LL L Plasticity Chart seAI Fine Grained Soil& rnar4P nrAtneri Soils /t Blows/ft ConsistencLL 31owe/ft Relative nnnslty 5m ,� 0 - 2 V.Soft 0 - 4 V.Loose • P • 3 - 5 Soft 5 - B Loose x40 tl 6 - 10 Firm 9 - 12 SL Dense 1 _ad II - 20 Stiff 13 - 30 Med.Dense 4,30 U` 21 - 30 V.Stiff 31 - 50 Dense i 31s Nerd 50+ V.Denseor OH Berock Strata Degree of WeatheringIL /- ;, Hiown/ft Weathering 511ghd: Sllh! decomposition,possible 10 c or dTenge. OL0 - 50 Weated Moderatee: Boma domposition end50i Com slant color change throughout. p High: Rock highly decomposed,may be a Im 20 30 40 50 60 10 80 50 IOC extremelybroken and discolored. Liquid Limit (LL) SIEVE DESIGNATION Rom 0100 50 s40 Bo Me M0,5 V Vl' 3/4' I' IS' 2' 3' 00 Sly N MILLMETERS 0.1 ((((( l l00 1 I 1 1 1 1 1111 � i JIM . . I i1 I I iii I 11 111➢ I !roes r:_AT 40 SILT) ralE S/Abs Modal stabs COARSE bap FIDE 8RAVELe cOAsee GRAVELS ICOSOLEtel SCOTT, COX 4 ASSOCIATES, INC. LEGEND OP SYMBOLS Loveland, Colorado Fig. No.: 2 GN A rn 0 • • A0m D -0 TI-I-1 TH-2 TH-3 TI-4-4 mE 0FT. , / . 0FT. m = j m OE S/12 /I/ 5/12 /Z 6/12 E 71 5 FT. 5/12 / 5 FT. i :[ 6/12 6/12 r 4/12 10 FT. t/ 30/12 10 FT. N. j I5 FT. 114/12 � 110/12 15 FT. z r 20 FT. \ 11/12 r� -. 50/5 20 FT. - .\ 25 FT. 50/10 = 9/12 25 FT. 30 FT. - 50/4 s 50/1 30 FT. 25 FT. --L 50/8 35 FT. Borings drilled 2/14/03 using - SAND: clayey to v. clayey, — a 4' diameter, continuous flight _ silty, sl. moist to v. moist, truck mounted drilling rig. v. loose to med. dense, brown, brown-gray 40 FT. Drill Rig: Mobile 551 %� CLAY: sandy to v. sandy, tr. silt to silty, sl. porous Hammer Style: Automatic moist, soft to firm, brown 5ANDSTONE/SI LTSTONE: -?- = Groundwater c drilling wx. to competent, tr. clay, 45 FT. = Groundwater on 2/24/03 claystone lenses, moist, sl. a 50/5 - dense to hard, olive, GNE = Groundwater not encountered olive-brown, ochre-gray All soil and/or rock contacts shown on boring logs are approximate and represent subsurface conditions at time of drilling. Boring logs and information presented on logs are subject to discussion and limitations of this report. /tSCOTT, COX 4 ASSOCIATES, INC. SUMMARY LOG OF BORINGS Loveland, Colorado ) Project No. 5419-01-01-01 Fig. No.: 3 SIEVE 200 100 50 40 30 16 108 4 3/8' I2' 3/4' I' 15' 2' 3' 100 I I I I 1 III II I Imo 90 AMPLE ) 90 I am _ - 8m 10 - 10 N60 60 co • ( SAMPLE A ) 50 50 z _ w _ 40 40 w - - 30 _ ( SAMPLE 30 20 20 10 10 0 I 0 0�1 SIZE M mut-Er-ERG 0.1 IID 10 100 11 PINES(CLAY Ar0 SILT) � �K I rent I comae I comae I caa ge TEST HOLE NO. TH-I SAMPLE A DEPTH (Ft.) 25-26 SAMPLE DESC._ Sandstone, v. silty TEST HOLE NO. TH-4 SAMPLE 5 DEPTH (Ft.) 8-9 SAMPLE DESC. Sandstone, silty, weathered TEST HOLE NO. TI-1-4 SAMPLE C pEPTH (Ft.) 20-25 SAMPLE DESO. Siltstone, sandy, claystone lenses `SCOTT, COX 4 ASSOCIATES, INC. GRAIN SIZE DISTRIBUTION CURVES Loveland, Colorado Project No. 5419-01-01-0I Fig. No.: 4 Table 1 Summary of Laboratory Test Results Project No.: 5479-01-01-01 Soil Properties Consolidation/Swell Lot/Block Depth Sample Description or (ft) Moisture Dry Density %Passing Liquid Plasticity Unconfined Standard Total Swell Loading Settlement Swell Settlement Boring No. Content(%) (pd) No. 10/200 Limit Index Compressive Penetration G)a 500 psf (PSF) (Dry) (Saturated) Strength(psf) Test (%) (%) (%) (%) TB-1 2-3 9.5 97.3 >9000 0.8 100 0.2 1.2 Sand,silty,clayey,moist,loose, 500 0.6 brown 1000 11.3 2000 2.1 4000 6.0 3-4 9.9 >9000 8/12 Sand,v.clayey,moist,loose,brown 7-8 I3.5 >7000 6/12 Sand,clayey,moist,loose,brown 15-16 14.4 >6000 14/12 Sand,v.clayey,moist,med.dense, brown 25-26 16.3 112.5 100/49 >9000 50/10 2.2 500 0.1 2.4 Sandstone,v.silty,tr.clay,moist, 1000 2.1 hard,olive 2000 1.5 4000 0.5 8000 0.8 35-36 27.9 >9000 50/8 Siltstone,sl.wx.,tr.clay,fr.sand, moist,hard,ochre-gray 45-46 21.9 NP NP >9000 50/5 Siltstone,v.silty,moist,hard,olive Tlt-2 2-3 12.8 >9000 5/12 Clay,sandy,moist,soft,brown 7-8 16.2 108.5 >9000 0.5 100 0.1 1.2 Clay,sandy,moist,fine,brown • 500 0.4 1000 0.3 2000 1.5 4000 2.8 8-9 12.9 >9000 6/12 Clay,sandy,tr.silt,moist,firm, brown 20-21 22.1 NP NP 11/12 Sandstone,v.silty,moist,sl.dense, olive-brown 30-31 ---No Recovery--- 50/4 Sandstone Page 1 of 2 Table 1 Summary of Laboratory Test Results Project No.: 5479-01-01-01 Soil Properties Consolidation/Swell Lot/Block Depth - Sample Description or (It) Moisture Dry Density %Passing Liquid Plasticity Unconfined Standard Total Swell Loading Settlement Swell Settlement Boring No. Content(%) (pcf) No. 10/200 Limit Index Compressive Penetration @,500 psf (PSI') (Dry) (Saturated) Strength(psf) Test (%) (%) (%) (%) • TII-3 3-4 11.6 100.9 17 17 >9000 2.0 100 0.1 2.7 Clay,sandy,silty,si.porous,moist, 500 1.9 soft,brown 1000 0.8 2000 0.7 4000 2.7 4-5 9.0 >9000 5/12 Sand,clayey,moist,loose,brown 8-9 14.4 5000 4/12 Sand,clayey,moist,v.loose,brown- 'ay 15-16 16.9 106.5 >8000 10/12 - 500 0.2 0.3 Sand,clayey,clay lenses,moist,sl. 1000 0.5 dense,brown 2000 0.8 4000 1.4 25-26 21.9 >3000 9/12 Sand,clayey,v.moist,si.dense, brown TII-4 3-4 11.3 >9000 6/12 Clay,v.sandy,moist.firm,brown 8-9 15.8 100/32 Sandstone,wx.,silty,moist,dense, olive-brown 9-10 16.5 >5000 30/12 Sandstone,v.silly,moist,dense,olive 20-21 17.7 100/89 50/5 Siltstone,sandy-claystone lenses, moist,hard,olive 30-31 21.1 >8000 50/7 Sandstone,silty,claystone lenses, moist,hard olive 1'age2 of 2 APPENDIX A Suggested Specifications for Placement of Compacted Earth Fills and/or Backfills. Note: This is intended to be used as a guideline for this project by the owner or owner's representative. Municipal codes, special construction requirements or other controlling factors may require modifications to these suggested specifications.Supervision and control of the fill operations is not within the scope of this exploration.This is not a claim that Scott.Cox&Associates is the Soils Engineer for the fill and compaction operations. GENERAL Supervision and control of the overlot and structural fill and backfill shall be under the direction of the Soils Engineer for the project. The soils engineer shall approve all earth materials prior to their use, the methods of placing, and the degree of compaction obtained. A letter of approval from the Soils Engineer will be required prior to the owner's final acceptance of the filling operations. MATERIALS The soils used for compacted fill beneath interior floor slabs and backfill around foundation walls should be relatively impervious and non-swelling for the depth specified in the soils report. No material with a maximum dimension of six (6) inches or greater shall be used for fill. All fill materials shall be subject to the approval of the Soils Engineer prior to placement. SUBGRADE PREPARATION All topsoil, vegetation, frozen materials, old structures or other unsuitable materials, shall be removed to a depth satisfactory to the Soils Engineer before beginning preparation of the subgrade. The subgrade surface of the area to be filled shall be thoroughly scarified to a minimum depth of six (6) inches, moistened or dried as specified in the attached tables, and compacted in a manner specified below for the subsequent layers of fill. Fill shall not be placed on frozen or muddy ground. MOISTURE CONTROL The fill material, while being compacted, shall as nearly as practical contain the amount of moisture as required in the attached table of this Appendix. The moisture shall be uniform throughout the fill. In the event that water must be added to the soils or that the soils must be dried to meet the specifications, the soils must be thoroughly pulverized, mixed, blended and cured prior to placement. The effort required for optimum compaction will be minimized by keeping stockpile soils near Optimum Moisture Contents. When moisture is added to dry, clayey soils, a curing period of several days may be needed to allow uniform absorption of the water into the soil. Freezing temperatures and/or inclement weather conditions may impede moisture control and compaction operations. PLACEMENT OF FILL MATERIALS Distribution of material in the fill shall be such as to preclude the formation of lenses of material differing from the surrounding material. The materials shall be delivered and spread on the fill or prepared surface in such a manner as will result in a level, uniformly compacted fill. Prior to compacting, each layer shall have a maximum "loose-lift" height of twelve (12) inches (or as dictated by the compaction equipment and/or soil conditions) and its upper surface shall be relatively horizontal. Test areas are recommended to determine the optimum lift thickness. Thinner lifts may be necessary in order to achieve the required compaction. Each lift shall be approved by the Engineer prior to placing each succeeding lift. .91 COMPACTION When an acceptable uniform moisture content is obtained, each lift shall be compacted by a method acceptable to the Soils Engineer to the densities and moisture contents specified in the foregoing report or the attached table of this Appendix and as determined by the standard Proctor test (procedures in ASTM D698). Compaction shall be performed by rolling or tamping with approved tamping rollers, pneumatic-tired rollers, three-wheel power rollers, or other equipment suited to the soil being compacted. If a sheepsfoot roller is used, it shall be provided with cleaner bars attached in a manner which would prevent the accumulation of material between the tamper feet. The roller should be so designed that the effective weight can be increased. If the required compaction cannot be achieved with the equipment supplied, thinner "loose-lifts" and/or heavier equipment are recommended. MOISTURE-DENSITY DETERMINATION: STANDARD AND MODIFIED PROCTORS Samples of representative materials to be used for fill shall be furnished by the contractor to the Soils Engineer at least forty-eight (48) hours prior to compaction testing. Wetter samples will require extra time for test results due to the required drying for sample preparation. The sample is to be tested for determination of the maximum dry densities and optimum moisture contents (Proctor test) for these materials. Tests for these determinations will be made using methods conforming to the most recent procedures of ASTM D698 and AASHTO T99 (standard Proctor) or ASTM D1557 and AASHTO T180 (modified Proctor), whichever applies. Copies of the "Proctor Curves" will be furnished to the contractor. These test results shall be the basis of control for the field moisture/density tests. DENSITY TESTING A 24-hour notice shall be given to the Soils Engineer or testing agency for scheduling compaction tests. The density and moisture content of each layer of compacted fill will be determined by the Soils Engineer, or qualified technician, in accordance with ASTM D2167 and D3017 (nuclear method). Any material found not to comply with the minimum specified density shall be reworked and recompacted until the required density is obtained. Additional lifts shall not be placed until each underlying lift has been approved. The results of all density tests will be furnished to both the owner and the contractor by the soils engineer. A minimum of one compaction test should be conducted for each twelve (12) inch of compacted lift. Trenches should have a minimum of one test every three hundred (300) feet with a minimum or two (2) tests per trench. Sub-excavations have a minimum of one test every twenty-five (25) lineal feet of footing with a minimum of three (3) tests per pad. TRENCH SAFETY All excavations shall comply with current OSHA standards for the soil conditions encountered. The Soils Engineer shall be consulted if there is a question regarding classification of the soils. A2 Compaction Specifications For GW-GC & SW-SC Soils On-site Soils or Approved Minimum Compaction Acceptable Deviation From Imported Soils (ASTM D698) Optimum Moisture Content Beneath Interior Slabs 95% + ±3% Beneath Garage and Exterior 95% + ±3% Slabs Backfill and Trenches in Open 90% + ±3% Areas Backfill and Trenches under 95% + ±3% Structures, Slabs, etc. Compaction Specifications For ML, CL, MH, & CH Soils On-site Soils or Approved Minimum Compaction Acceptable Deviation From Imported Soils (ASTM D698) Optimum Moisture Content Beneath Interior Slabs* 93% - 98% 0% to +3% Beneath Garage and Exterior 93% - 98% 0% to +3% Slabs* Backfill and Trenches in Open 90% + 0% to +3% Areas Backfill and Trenches under 95% - 98% 0% to +3% Structures, Slabs, etc.* * MH and CH soils are not recommended in these areas Note: This is a standard table and should not be separated from the report. The specifications in the attached soils report supersede the criteria presented in this table. 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