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Home My WebLink About20043660.tiff 111101 All 1111 IN1I I11 mI ITh II Ili II Iln 3269013 DM1612005 64.09E Weld Caenly,CO 100 1aMOO DOW file Monad Clerk 6 Mande DEVELOPMENT STANDARDS 025 AMUSR-1293 PLAT CERTIFICATES L An amended Site Specific Development Plan and a Special Review Permit for o motor facility of a public utility(co—location on an Procerly Owners Certircgtian: �NE)Ct _ existing 150 loot monopole antenna tower Red the addition of an equipment shelter)in the (A)Agricultural Zane District, as indicated LEASE SITE The and-e rat major property miner(s) operet.)do hereby agree the she H u,N m edne npnl Floe end Use try spear Reds tewpmenl standards as in the application molerob on file and subject to the Development Standards stated hereon. (Department of Planning Services) demrid le dry M__}_{,A_ 2. Approval of this pion mop creme a vented property right pursuant to Section z]-8—lo of the Weld County Code. (Deportment of A TRACT OF LAND BEING A LOCATED IN TEE - A _ l x/�y6YE2r� Lif70. TOWNSHIP 5 NORTH (em Poe.) Opelar,A women Potion sigenlure(cafe Karte Planning Services) NORTHEAST 1/4 OF SECTION 3 3. All liquid and solid conies (on defined in the Solid Wastes Disposal Sites and Facilities Act. 30-20-100.5, MRS., as amended) shell be RANGE 67 WEST OF TEE 6TH PRINICIPAL MERIDIAN. Planning Commission Certificate: stored Heolth and remEnvioveme%final disposal in a manner that protects against aurloce and groundwater contamination. (Department of WELD COUNTY, STATE OF COLORADO. >M pat a aaeplm and pppa.e q the were Canty>annmq ehl.ninpr of Weld County.slice of ralama. ond 4. No permanent diepos0'of wastes shall be permitted of this site. This is not meant to include those wastes specifically excluded from my hand lied tea cerparse sed or weed comfy uWes ` day a PAMil At.,nob.the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.fl5., as amended. (Department NJIES of Hemel and Environment) s. Waste materials snau be handled, stored, and disposed in a manner that controls fugitive dust,fugitive particulate emissions. blowing 1 TH5 hB3,INC.TO C NOT CONSTITUTE A TITLE ffAG'M By PF®FfiXX FOR -__ CESKN TEAM debris, and other eance p 9 SURVEYING.IN .TO CEIDWAWE OWNERSHIP OR-WAti TS OF RECIXb. Al. pa.Ponnlq Cmeiom potential nu' conditions. (Dec(Department mof nHealth and Environment) INFORMATION •GARPPGM].IC DG ITTEWAY,AND TITLE CF RECORD. MINN fi. Fugitive duet ontl fugitive particulate emissions shall be controlled on fbi5 site. 040310 FREDERICK LAND SURVEYING.ING RELIED LEG.'TITLEThO FE NT NO 9' gl (Department of Health one Environment) 0a0350PBE PREPARED BY COLORADO TITLE LLC,DATED FEBRUARY Y.2004, — /w POWER ENGINEERING - . 7, This facility shall odhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in 25-12-103 C.R.S., a NOTICE-ACCORDING TO COLORADO LAW YOU MST CGIBYE ANY LEGAL Easement Certificate: V as amended. (Department of Health and Environment)n r ACTOR BASED LPON DEFECT IN THIS SIRYEY WITHIN THREE YEARS AFTER YOU I a for the benefit line roped i Gn dmbed neeem,w de r thee Mvibed exam a.dm NANA FIRST DISCOVER HIS SURVEY E B W NJ EVENT MAR ANY ACTION BARS IIFCN nA / SyrWmre� 6. shelled v ter shall oe uti Heol Ica an Envir and h6ne woaM1inq tluriry the plocemenl of the onlennos one the p•e—f0aricofed equipment MN{£FELT IN THIS G BE EFFECT 263E THAN YEASE FROM¶£ rt(Rey Pell ) (Margo Pot m, turn ore(Dawn Kans.) vn a.m�.mea shelter. (Deportment o/He6lm and Environment) DATE ON TIE DRAWING SHOWN tEfECN 9. Adequate toilet fociities (port o potty)shall be provided clang the placement of the antennas and the pre fabricated equipment 3, FRFLERICK VSO SURVEYING IC A69A£5 NO REHGNSBLITY FOR TE Sunev nil feffiica{d �4`r' ''. MICHAEL KOCH,RACHITEC.-T LLC shelter (Deportment o/Health one Environment)moment) ACCURACY OF TIE UTILITIES SHOWN NEFECN TE UTILITIES OOMN 1£REW b p�y{ee es4eylgy Lend Sergio n Re Ante of Cdweo do hereby©artily Tot TN seamy d to loc.Pecs PT£BASED UPON MVMINGs PROVIDED BY THE R MATNE IITLITY ,epreygp by hMe Nat pRye,.my prnnd WVSAmM1 me Plat ho plot 6 to manta epeerintbn 1Nmf I better oeltp ib11M vw/ wecuaweowtew 10. The operation shall comply with oil applicable rules and regulations of the Stale and Federal ogenc es and the Weld County Code. CG6PAMIE$OR TEIR AGENTS. FREDERICK LAN]SURVEYING INC ASSLO S NI Ms pbl complies al cppltlable hies.{e9Wocets aN Mn M the State of[axe;sage Avq d eegaaobn fee Fesf rtes Eeo need end r (Deportment of Health and Environment) Pwv'mml Inn Sw.yma o gWa Cwrnry m'A•ar»�c+ismcnr UTLtTIES ARE MARKED AT 11-E r1£OF TIE SURVEY. ww�w I1. No slogng or podding on County Road 15 at anytime. (Departments oh Public Works and Planning Services) R"Yy2pry L Is GrebRemiryaLm. 4Q FREDERICK LAIC$ORVEYI1(=. 12. The historic flow patterns and run-off ama unts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions. concentration tnd/or unplanned paneling of storm run-off. (Department of Pudic Works) woodeoen UTLITY POWER '3. Effective January I, 2003, Building Permits issued on the lot will be repaired to adhere to the fee structure of the Weld County Road POLE m1"<*exrl'na11 Impact Pro9mm. (ONinmce 20°2-11) (Deportment ae Planning Services) DHE DHE DHE DHE 14. The property owner shot allow ony mineral owner the right of ingress or egress for the purposes of evp'orabm deve;opment. 0131129000612 completion, recompFetion, re-entry, production and mo:ntenance operations associated with existing or future operations located on SOODIEBtG(HILLS LAKE OIeOe Nees. (Deportment of Planning services) i CONSERVANCY #2 ZONING DRAWINGS 15. The property center or operator shall becomplyingDesign /131130126001 5460 S. 9UESE0 ST. /300 responsible fa comvyi with the s<ama.ea of sermon z3-z-2a0, lama county cage IB]'OOO3E 33]p] 1IB•glh Bps �.5yPg 30 OVERLOOK AT FIRESTONE uC GREENWOOD VILLAGE. CO 80111 NOT FOR CONSTRUCTION (Oepod enc of Planning Services) X % % % % % \ PARKER CONSULTING COUNTY ROAD 16 16. The property surlier or operator shall heY 1610 PACE ST. #900 PMB 443 SITE Code. (Deportment of Planning Services)responaiele tar complying with the Operation smneams of season v-2-2sD,wean chanty ru LONGMONT.CO 60501-8641 PATTON PROPERTY lid P1 OTC DN 3032-D FATE LTD 7839PATTON, c h MARGARET D. 17. Personnel from the Weld County Government shall be grantee accts onto the property at any reo noble time in order to ensure the x #131130117000 7639 WCR 15 GLLESFIE FAMILY PARTNERSHIP LTD activities corned out on the property comply with the Development standards staled herein and all applicable Weld County regUltian3' 6513 S. GLENCOE sI. • �— FREDERICK.CO Bo5Xl wmaTeedleAY (Department of Planning Services) CENTENNIAL CO 80121-3575 �ff MMAAGRI Ka Pa® Mwrlf' L.0 f5 YAA6 0131130126003 �r n MMedATON ml 18. The County regulations. Review area shall be[waited to the plans shown hereon and governed by the foregoing standards and all applicable Weld ru r[ OVERLOOK Al- FIRESTONE LLC Count regulations. substontiol changes from the plans or Development Standards as shown or slated shall require the appmvai of ''pG(f4£YAiNN PARKER CONSULTING BISECT INFORMATION an amendment o/the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development x FOR FUTURE ROW 1610 PACE ST. 090° PMB 443 Standards ore permitted My other changes shell be filed in the office of the Department of Planning Services. (Department of :4'V FXIStHR 0131130124091 LONGMONT. CO 00501-8641 Planning Services) Row c°fW, 0 LCO-0679A L', P.O. Box 807 -0131130126004 /sA� .i y�19. The property owner or operator shall be responsible for complying with all of the foregoing Development standards. Noncompliance X PASTE(LAO p FIRESTONE, CO 80520 OVERLOOK AT FIRESTONE LLC TING DACVITOITREDERICNF RE$TONE (with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. L q 166110 PACE KER ST. #900 PMB 493 Der fitment m Planning Services) ' i &� - LONcuOryr, co 80x01-8641 7639 WELD CO RD 15 p31um26007 "6e' _ R FREDERICK,CO 80530 ru A OVERLOK AT FIRESTONE LLC OVERLOOK ATFIRESTONE LLC El RASTOWHIE MACE PARKER CONSULTING feb R CONSULTING LEGAL DESCRIPTION 61° PALE$T 09°° PMB 443 I CO-LOCATION ON TOWER D.FENCE a LONGMONr.CO 80501-8641 LONG PACE ST. 0900 PMB 443 LONGMOCE 0D 80501-6641 EXISTING PARENT PARCEL DESCRIPTION (C4) (LOT B RE-147): ru rEIWxn A� NS W E° c a3 3 AMU S-1293 01}11301260°6 TINT PORTION OF DIE NORTHEAST PUNTER OF SECTION 30 TOWNSHIP 2 NORM,RANCE 67 WEST OF THE TH PRINCIPAL �'OIWW 33 f t ES 'c I13X IG3o1 ST ST0ERTEI IbID PACE Ar Rj000 PE uc AMU$R-1293 MERMAN,MATT Cf WELD,STATE IS CDLOPIDO,MORE PARTICULARLY DESGEBED AS roumws. !WORMING AT ME N°RIWASI x Idl WDTR 65 I PARNEfl CONSULRNG EI COTE i0 iBMN WBlE 85 Cal 151 FOREST Si 1610 PALE ST. 0900 PMB 443 REY DATE 64E CORNER OF SNO SECTION 30,THENCE ALONG THE EAST UNE OF S10 NORTHEAST WARIER,SOUTH 0020'47'EAST 1447.00 D.Pd IN P.O. BOX 83 EIIN191 NAlfq- LONGMO 1 CO 80501-8641 THE TO THE TRUE POINT OF BEGINNING. THENCE LLMINUI N[WG SAD EAST L47 SOUTH 0028'14'FAST 520.00 PET; $ o S AqY gay dL �_ FIRESTONE, CO 10520 I o4Mg4 ZCMG tHEW THENCE WEST]3000 ROT;THENCE PARALLEL MIIH 540 EAST UNE,NORTHSE00 O]28'4]'WEST 528.00 TO THENCE e W]31.00 ti. I£ORSTAL 01311}0126007 50694 Z0*F.:RVEW FEET MORE OR LESS TO THE TRITE OMB Of scateaC. THE.ABOVE DESCRIBED PARCEL 5 SUBJECT TO A 30 FW POE Lt ,C: % X O CMI®seepp• 77 BEUrvCER, JEREMY pypg4 ZgRY IEyE1V RESERVATON FOR COUNTY ROAD RMM-OF-WAY ALONG THE EASTERLY PORTION THEROF,AND RESERNIG ALL MINERAL RENTS TO L0r LISTED POW POWE < tFlfff(F 866 FIRESTONE, CO AVE p5.pyyt ZGf(:hT5 BT PARTY OF THE FIRST PART:PROPERTY KNOWN AS 7963 COUNTY ROAD 15. PELF w M 25KVA 1000 4----4 . t \ m 1 IRES'fCNG CO 80520 pye8p5 Mi IEY,ISIp6 ®.� '-l1` ms T 60� ,a 0131130123002 PRIT7. AW. OVERLOOK Al FIRESTONE LLC RAT FAIN \f'/�A1(\1\ ��DD" 3RIT3. RAY w 2 (5 Rag 'r *IDA ►411.1 .,h`- E P.O. 00%38 ARKER°KNTO (PlLdR5 RAT COUNTY ROAD IS PARKER CONSULTING HYGIENE,CO 80533 DRAWN BY Oc4RIT BY / V/1. COUNTY ROAD 16-- 1610 PACE SL 0900 PNB 443 LEASE PARCEL 8 to ® ✓N . 741 N' LONcgorvr, co seer-6641 My. __ MY fA1130t JUDY #131130126001 SEAL N90'00'00'E 33 33'x �FJ'(C8) g 741 ►•1 ®mTEIEHI}E 0011 #131130123003 ]01 v0o3 OVERLOOK AT FIRESTONE LLC air } 190 CO 8 AVE PARKER CONSULTING 1 o E)PLASTIC WHITE FENCE - • AREA ® ART Rs FIRESTONE co 60sz0 .n MA%M%X(r�. ROAD 1610 PACE ST. 0900 PAIS 443 10 AUU 4.,...............„. � /SS FA IT JUL #131130123004 1DAV110 Foefli LONGMONT, co 90501-e641 SI _ - p \ (E)13'-0'GATE / PAR031b1 Haef 166 FOREST ST. • SIZ-0'ACCESS-PE, a P.O. BOY( 520 q EASEMENT ` x FIRESTONE. CO 80520 NOTE, 'L i PROPERTY OWNERS INDICTED ARE WITHIN 200 02a,6/ � / II I >. —e--- \\__ FEET OF PARCEL/131130100024. 6 r 8 , • mw / 2. ESTIMATED DISTANCE TO ADJACENT PROPERTY NJO'001)OW 6' UNE FROM CENTER OF IS 260'' TOWER: S90'IJD'I)0'W 60- NORTH PROPERTY NE 115 260' �T� FAST PROPERLY ERE Is 100' Y c2/6,, (El 2'-0' ACCESS \ SOUTH PROPERTY LINE IS 260' UT ---VG VG UG - EASEMENT WEST PROPERTY LINE IS 290'. ---IF—% X X X X V X- x --%- %- 3. AREA OF OF PARCEL IS 3.63 ACRES. BEET TITLE 4. STORM WATER WILL FLOW AS NORMAL AND _____-. (E)FENCE (E)TELEP-ICNE BOX '--4,,,.... h NOTIFY NOT BE AFFECTED OWNERS o BY CONSTRUCTION. OATSn -----(E)MONOPOLE 5. ADJACENT 30 DAYS PRIOR TO CIVIL SITE PLAN THE START OF CONSTRUCTION. 60-0 N .—..--mN N SHEETTAffn NOTE OWER HAS MODIFIED LEASED ENLARGED LEASE PARCEL 1 CIVIL SITE PLAN a VICINITY MAP PARCEL SIZE FROM 30T(20'TO 33'X165'ASill Z-1 SCALE: 1'=56=a" Z- SCALE 1" INDICATED. Z-1 SCALE: 1"= 10'-0' 1 A. 1000-0" 7_sl RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION Moved by James Rohn 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: AmUSR1293 APPLICANT: Roy & Margaret Patton, Dawn Kanzler do Denise Gibbons with Tetra Tech PLANNER: Jacqueline Hatch LEGAL DESCRIPTION: Lot B or RE-147; Pt NE4 Section 30, T2N, R67W of the 6th P.M., Weld County, Colorado. REQUEST: An amended Site Specific Development Plan and a Special Review permit for a Major Facility of a Public Utility(Co-location on an existing 150 foot Monopole Antenna Tower and the addition of an equipment shelter) in the A(Agricultural) Zone District LOCATION: West of and adjacent The Planning Commission approves this request for the following reasons: Planning Commission did not provide Code references for approval. 1. Prior to recording the plat: a. The applicant shall provide a copy of the Federal Aviation Administration permit. (Department of Planning Services) b. The applicant shall provide the Department of Planning Services with a sign-off from the Frederick- Firestone Fire Protection District regarding the proposed gate and lane being less then the minimum 20' requirement by emergency response crews/fire department organizations or expand the access road. (Department of Public Works) c. The plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled AMUSR-1293 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The applicant shall contact the Town of Firestone and verify the right-of-way for County Road 15 and delineate the right-of-way on the plat. The applicant shall also provide evidence of an approved access point from the Town of Firestone. (Departments of Public Works and Planning Services) 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) 2. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Amended 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 mapsco.weld.co.us. (Department of Planning Services) 4. 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 • AMENDED SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Roy and Margaret Patton and Dawn Kanzler AMUSR-1293 1. An amended Site Specific Development Plan and a Special Review Permit for a major facility of a public utility (co-location on an existing 150 foot monopole antenna tower and the addition of an equipment shelter) in the (A) Agricultural Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of 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 Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of 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 Health and Environment) 6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Health and Environment) 7. 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. (Department of Health and Environment) 8. Bottled water shall be utilized for drinking and hand washing during the placement of the antennas and the pre-fabricated equipment shelter. (Department of Health and Environment) 9. Adequate toilet facilities (port-a-potty) shall be provided during the placement of the antennas and the pre- fabricated equipment shelter. (Department of Health and Environment) 10. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Health and Environment) 11. No staging or parking on County Road 15 at anytime. (Departments of Public Works and Planning Services) 12. The historic flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 13. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 14. 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) 15. The property owner or operator shall be responsible for complying with the Design Standards of Section 23- 2-240, Weld County Code. (Department of Planning Services) Resolution AmUSR-1293 Nextel Communications Page 2 16. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250,Weld County Code. (Department of Planning Services) 17. 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. (Department of Planning Services) 18. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. (Department of Planning Services) 19. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning Services) Motion seconded by .James Welch VOTE: For Passage Against Passage Absent Michael Miller Bryant Gimlin John Folsom Bruce Fitzgerald James Rohn Doug Ochsner Tonya Strobel Chad Auer James Welch The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case to serve as a permanent record of these proceedings. Michael Miller, Chair Weld County Planning Commission • CASE NUMBER: AmUSR-1293 APPLICANT: Roy& Margaret Patton, Dawn Kanzler do Denise Gibbons with Tetra Tech PLANNER: Jacqueline Hatch LEGAL DESCRIPTION: Lot B or RE-147; Pt NE4 Section 30, T2N, R67W of the 6th P.M., Weld County, Colorado. REQUEST: An amended Site Specific Development Plan and a Special Review permit for a Major Facility of a Public Utility(Co-location on an existing 150 foot Monopole Antenna Tower and the addition of an equipment shelter) in the A(Agricultural)Zone District LOCATION: West of and adjacent to CR 15; approximately 1/4 mile south of CR 18. Jacqueline Hatch, Department of Planning Services presented Case AmUSR-1293, reading the recommendation and comments into the record. The Department of Planning Services is recommending denial of the application based on the IGA with the Town of Firestone. Bryant Gimlin asked for clarification on the annexation process into the Town of Firestone specifically concerning the right of way on CR 15. The Town of Firestone indicated they have nothing to do with the road but Weld County Public Works has indicated it was within their jurisdiction. Mr. Carroll indicated Town of Firestone has annexed the road and the right of way adjacent to the property. The access is dealt with through Public Works. Mr. Morrison added that access must still be dealt with regardless of who has jurisdiction, it does make it more difficult with split jurisdiction. Mr. Gimlin asked who's responsibility was it to notify the town that the right of way does need to be determined, the applicant or staff? Mr. Miller added the town has been adequately notified of the application, if they annexed CR 15 they should know the own it. There does not seem to be any issues about the access. Mr. Carroll stated he has no issues with access,just the width of the road for fire access. Mr. Rohn asked Ms. Hatch when the original USR was processed and how close was the site to the town and what was the town's opinion at that time. Ms. Hatch indicated that was not researched. Mr. Fitzgerald indicated the town was approximately%3 mile west when the original USR was done. Denise Gibbons, representative for applicant, indicated Stacy Mathis from Tetra Tech will be speaking regarding the annexation process. Mr. Mathis indicated that Mr. Patton, the property owner, needs to sign an annexation agreement with the Town of Firestone and they are at an impasse. The annexation agreement is all encompassing and this is just a small development. The annexation agreement would make sense for someone who wants to develop a large portion of the lot. Mr. Patton is asking to expand an existing use by 300 square feet. The annexation agreement wants 15 feet of right of way for the entire front of the parcel. It seems as the Town of Firestone is asking for so much in return for Mr. Patton getting a couple extra hundred dollars a month. Mr. Mathis indicated that the Town of Firestone can involuntary annex once the site has been surrounded for three years. The applicant decided to come through the county so they could get the building permit and the Town of Firestone could annex whenever they wanted to. Michael Miller asked if the annexation agreement is written so they do not immediately annex but annex when it is requested. Mr. Mathis stated under State law the Town of Firestone can annex with or without agreement. Mr. Miller asked why not just sign the agreement and get it over with if that be the case. Mr. Mathis indicated the concern is why give up right of way when this application is not increasing traffic. Mr. Mathis added that the agreement requires Mr. Patton to give up the right of way without getting compensated for it. Mr. Miller asked Mr. Morrison if the Town of Firestone was asking for dedication. Mr. Morrison stated the cities have more leverage at the point of negotiating the development standards rather than granting a permit. The Town of Firestone may be asking for title to the right of way and will not be paying for this. Mr. Morrison stated that if annexation is forced they do not get the other benefits. Mr. Mathis added the agreement requires the owner to provide and pay for legal publications, surveying, legal description, maps and legal documentation. Ms. Gibbons added they are trying to avoid another tower in Weld County. The application is trying to co-locate and not build another tower. This site will cover north and south without having to add another tower and clutter the landscape. Bryant Gimlin indicated this is difficult because Planning Commission typically asks them to co-locate and they are trying without avail. James Rohn asked when the original USR came before the board. Mr. Carroll indicated it was October 2000. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Michael Miller asked Mr. Morrison if Planning Commission has to stick to the letter of the law with the IGA. Does the IGA read the applicant must attempt to come to an agreement or do they have to have an annexation agreement. Mr. Morrison stated each IGA language is different. The later versions state the applicant must go through the process and if there is no annexation they are allowed to come through the County. This is an older IGA and an annexation agreement should be required. Mr. Miller states they this means they are required to come to an agreement. Mr. Morrison stated it does but there is legal room in some of the language that found they are not subject to the IGA requirement at the time. There may be reason to accept an amended version of the same USR. Mr. Miller asked if it was within Planning Commission powers to approve based on the IGA that is in existence. Mr. Morrison stated the approval is not the issue as much as does the approval require annexation agreement. The annexation can be a forward reaching agreement it does not have to require annexation immediately. Mr. Miller stated in this case the annexation agreement that is being asked for is detrimental to the applicant in that the Town of Firestone is requiring the owner to put out sufficient monies to accomplish what the City should be paying for if they are annexing the property. Mr. Morrison added that if an agreement cannot be reached the Planning Commission could exercise whatever legal powers to deny. James Rohn added that since the County has had a policy for promoting co-location, being the applicant is not asking for that much square footage, he does not believe this would be in violation of the IGA. This is more of a building permit that a USR process. Mr. Fitzgerald added he believes Planning Commission should uphold the IGA and require an annexation agreement. The town is close with its growth. There are homes within 300 feet of the tower and the town should have the final say. Mr. Miller asked Mr. Fitzgerald if he agreed the town was being unreasonable by taking the land without reimbursement. Mr. Fitzgerald stated that was not an issue the Planning Commission can control. Mr. Ochsner stated it was an issue Planning Commission could control because the property is still in the County. It is unreasonable what the town is asking. It is taking the land in the County and saying everything that happens on this land must be done by the town. The land is still in the County with county rules and Planning Commission is trying to do what is best for County and that is co-location. Mr. Rohn added the Town of Firestone surrounds the property however, the applicant is talking about adding an antennae on a tower not a business. It is a building permit issue. Mr. Gimlin stated Planning Commission needs to balance the letter of the law with common sense adding 300 foot for equipment storage is better than adding another pole. The Town of Firestone still has an avenue to annex. Mr. Miller stated it is the Planning Commission's job to put a human aspect into the code. The impact from this proposal is minimal. The wording in the IGA would not be accepted today. He would be in support of the application because of the common sense factor, the Town of Firestone is being unreasonable with the expectations. Mr. Fitzgerald added he would caution the future IGA's and make sure they are consistent. Mr. Rohn asked if the IGA's expire. Mr. Morrison stated this IGA has been treated by the parties as still being in effect with language indicating it will be updated. Mr. Rohn stated this could be potentially considered expired. Mr. Morrison stated there is ongoing talks with all municipalities to update the IGA's. There was an subsequent agreement with the Town of Firestone regarding design standards. James Rohn moved that Case AmUSR-1293, that this be approved by the Planning Commission along with the Conditions of Approval and Development Standards. James Welch seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. James Welch, yes; Michael Miller, yes; Bryant Gimlin, yes; James Rohn, yes; Tonya Strobel, yes; Doug Ochsner, yes; Bruce Fitzgerald, yes. Motion carried unanimously. Doug Ochsner commented that he thinks this application proves the County needs to be careful in developing IGA's with the municipalities. The IGA puts unnecessary restrictions on the land owner and gives way to much control to one entity and that being the town. Bruce Fitzgerald commented there is a need to keep the number of poles in the County to a minimum. INV "TORY OF ITEMS FOR CONSIDERATIOF' Applicant Patton/Kanzlerr Case Numbt. AMUSR-1293 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form X Planning Commissioner Field Check Form X Letter to Applicant X Affidavit 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 Town of Erie, referral received November 15,2004 X Weld County Zoning Compliance, referral received November 5,2004 X Longmont Soil Conservation District, referral received November 8,2004 X City of Dacono, referral received November 22, 2004 X Town of Frederick, referral received November 29, 2004 X 4 Referrals with comments X Weld County Public Works, referral received November 15,2004 X Weld County Planning Department, Landscape, referral received November 4, X 2004 Weld County Public Health and Environment, referral received November 30,2004 X Frederick-Firestone Fire Protection District, referral received November 11,2004 X 5 Surrounding Property Owners-Letters 6 PC Exhibits 7 Planning Commission Resolution I hereby certify that the twenty one items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board of County Commissioners hearing. Jacqueli Hatch I Planner • • Att. PRELIMINARY IADc COLORADO LAND USE APPLICATION SUMMARY SHEET Planner: Jacqueline Hatch Case Number: AMUSR-1293 Hearing Date: December 21, 2004 Applicant: Roy and Margaret Patton and Dawn Kanzler do Denise Gibbons with Tetra Tech Address: 7639 County Road 15, Frederick CO 80530 Request: An Amended Site Specific Development Plan and a Special Review Permit for a major facility of a public utility (co-location on an existing 150 foot monopole antenna tower and the addition of an equipment shelter) in the (A) Agricultural Zone District Legal Description: Lot B of RE-147 Pt NE4 of Section 30, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado Location: West of and adjacent to County Road 15; approximately 1/4 mile south of County Road 18 Parcel Size: AMUSR-1293 .8 +/- acres, total site 3.63 +/- acres Parcel Number: 1311 30 100024 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: • Weld County Zoning Compliance, referral received November 5, 2004 • Weld County Department of Public Health and Environment, referral received November 30, 2004 • Weld County Department of Public Works, referral received November 15, 2004 • Frederick and Firestone Fire Protection District, referral received November 11, 2004 • Longmont Soil Conservation District, referral received November 8, 2004 • Weld County Department of Planning, Landscape, referral received November 4, 2004 • Town of Erie, referral received November 15, 2004 • City of Dacono, referral received November 22, 2004 • Town of Frederick, referral received November 29, 2004 • Town of Firestone, Notice of Inquiry received April 30, 2004 and September 20, 2004 Patton and Kanzler AMUSR-1293 Page 1 of 6 PRELIMINARY itkid46 SPECIAL REVIEW PERMIT h iDe ADMINISTRATIVE REVIEW COLORADO Planner: Jacqueline Hatch Case Number: AMUSR-1293 Hearing Date: December 21, 2004 Applicant: Roy and Margaret Patton and Dawn Kanzler do Denise Gibbons with Tetra Tech Address: 7639 County Road 15, Frederick CO 80530 Request: An Amended Site Specific Development Plan and a Special Review Permit for a major facility of a public utility (co-location on an existing 150 foot monopole antenna tower and the addition of an equipment shelter) in the (A) Agricultural Zone District Legal Description: Lot B of RE-147 Pt NE4 of Section 30, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado Location: West of and adjacent to County Road 15 and approximately 1/4 mile south of County Road 18 Parcel Size: AMUSR-1293 .8 +/- acres, total site 3.63 +/-acres Parcel Number: 1311 30 100024 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE DENIED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 and 23-2-360 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has not shown compliance with Section 23-2-220 of the Weld County Code as follows: a. Section 23-2-220.A.1 -- The proposed use is NOT consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 23-2-30.A.1. - The proposed Amended Site Specific Development Plan and a Special Review Permit for a major facility of a public utility (co-location on an existing 150 foot monopole antenna tower and the addition of an equipment Patton and Kanzler AMUSR-1293 Page 2 of 6 • • PRELIMINARY shelter) in the (A) Agricultural Zone District is not consistent with Article XII, Coordinated Planning Agreements for the Town of Firestone. Section 19-2-60, titled Planning Coordination states "This Agreement is intended to be a Comprehensive Development Plan adopted and implemented pursuant to Section 29-20-105(2), C.R.S. Following the execution of this Agreement by both parties, County Development approvals in the municipality's Referral Area will be processed and determined in accordance with the following: Section 19-2-60.C.2 an essential purpose of this Agreement is to ensure that urban development will occur only within the limits of the applicable MUNICIPALITY or in areas which are eligible for annexation to such MUNICIPALITY. Therefore, as a condition of approval of any rezoning, planned unit development, subdivision or use by special review for any commercial or industrial use pursuant to Section 31.4.18 of the Weld County Zoning Ordinance #89 (renumbered as Section 23-3-40 R of this Code), contained in Appendix 19-D, the COUNTY shall require that there be executed annexation agreement between the applicant and the MUNICIPALITY which requires the owners to annex the property to the MUNICIPALITY upon the terms and conditions and within the time stated in the agreement. The Town of Firestone did receive three separate Notice of Inquiries. The first one dated April 30, 2004 stated that the property is within the Town of Firestones Urban Growth Boundary. Please send complete application referral for further review. This form does not affect the Towns right under the IGA for this or any other development. A full referral packet was sent along with another Notice of Inquiry dated July 1, 2004 no response was received. The third Notice of Inquiry dated September 20, 2004 stating that the Town is currently working with the applicant on the required annexation agreement. The Town of Firestone would let the Department of Planning Services know when and if the annexation agreement is executed. The applicant and the Town of Firestone can not reach an agreement regarding the annexation agreement and would prefer to proceed through the County. The Town of Firestone was notified on December 13, 2004 via e-mail of the Planning Commission Hearing date. This application was reviewed utilizing the definitions outlined in the Inter- Governmental Agreement (IGA) for the Town of Firestone. By definition, this application is considered development, as stated in the IGA, "Any land use requiring regulatory approval by the elected governing body of the applicable party in the Urban Growth Area...." Given this condition, the Department of Planning Services is recommending denial of the application. 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. Should the Planning Commission choose to approve the Amended Use by Special Review Permit, Planning Staff recommends the following be attached as Conditions of Approval and Development Standards: Patton and Kanzler AMUSR-1293 Page 3 of 6 • • PRELIMINARY 1. Prior to recording the plat: a. The applicant shall provide a copy of the Federal Aviation Administration permit. (Department of Planning Services) b. The applicant shall provide the Department of Planning Services with a sign-off from the Frederick-Firestone Fire Protection District regarding the proposed gate and lane being less then the minimum 20' requirement by emergency response crews/fire department organizations or expand the access road. (Department of Public Works) c. The plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled AMUSR-1293 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The applicant shall contact the Town of Firestone and verify the right-of- way for County Road 15 and delineate the right-of-way on the plat. The applicant shall also provide evidence of an approved access point from the Town of Firestone. (Departments of Public Works and Planning Services) 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) 2. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2- 260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Amended 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 mapsco.weld.co.us. (Department of Planning Services) 4. 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 Patton and Kanzler AMUSR-1293 Page 4 of 6 PRELIMINARY AMENDED SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Roy and Margaret Patton and Dawn Kanzler AMUSR-1293 1. An amended Site Specific Development Plan and a Special Review Permit for a major facility of a public utility (co-location on an existing 150 foot monopole antenna tower and the addition of an equipment shelter) in the (A) Agricultural Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of 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 Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of 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 Health and Environment) 6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Health and Environment) 7. 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. (Department of Health and Environment) 8. Bottled water shall be utilized for drinking and hand washing during the placement of the antennas and the pre-fabricated equipment shelter. (Department of Health and Environment) 9. Adequate toilet facilities (port-a-potty) shall be provided during the placement of the antennas and the pre-fabricated equipment shelter. (Department of Health and Environment) 10. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Health and Environment) Patton and Kanzler AMUSR-1293 Page 5 of 6 PRELIMINARY 11. No staging or parking on County Road 15 at anytime. (Departments of Public Works and Planning Services) 12. The historic flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 13. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 14. 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) 15. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 16. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 17. 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. (Department of Planning Services) 18. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. (Department of Planning Services) 19. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning Services) Patton and Kanzler AMUSR-1293 Page 6 of 6 rile Z-----.„ • DEPARTIajde PLANNING SERVICES ' P70) 353-6100, EXT.3540 FAX (970)304-6498 918 10'h STREET GREELEY, COLORADO 80631 WI ' g Ci November 4, 2004 COLORADO Denise Gibbons 333 Iverness Dr. S Englewood, CO 80112 Subject: AmUSR1293- Request for An amended Site Specific Development Plan and a Special Review permit for a Major Facility of a Public Utility(Co-location on an existing 150 foot Monopole Antenna Tower and the addition of an equipment shelter) in the A (Agricultural) Zone District on a parcel of land described as Lot B or RE-147; Pt NE4 Section 30, T2N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicant: • 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 December 21, 2004, at 1:30 p.m. This meeting will take place in the Hearing Room,Weld County Planning Department,4209 CR 24%,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 Dacono, Erie, Firestone and Frederick Planning Commission for their review and comments. Please call Dacono at 303-833-2317, Erie at 303-926-2700, Firestone at 303-833-3291 and Frederick at 303-833-2388 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Dacono, Erie, Firestone and Frederick Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time,date,and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four(24)hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services'office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. Respectfully, C.----7-----W Jacqu ne Hatch Plann(tic- Good Afternoon, Jacqueline Hatch, Department of Planning Services Roy and Margaret patton and dawn kanzler do denise gibbons with tetra tech have applied for an amended site specific development plan and a special review permit for a major facility of a public utility (co-location on an existing 150 foot monopole antenna tower and the addition of an equipment shelter) in the agricultural zone district. The sign announcing the planning commission hearing was posted on December 8, 2004 by staff. The site is located west of and adjacent to CR 15 and approximately IA a mile south of CR 18 located within the Intergovernmental area IGA for the town of firestone. 10 referral agencies reviewed this case, 5 referral agencies had no comments, 4 referral agencies included conditions that have been attempted to be addressed through the development standards and conditions of approval. The Town of Firestone did receive three separate Notice of Inquiries. The first one dated April 30, 2004 stated that the property was located within the Town of Firestones Urban Growth Boundary and to Please send a complete application referral for further review. This form does not affect the Towns right under the IGA for this or any other development. A full referral packet was sent along with another Notice of Inquiry dated July 1, 2004 no response was received. The third Notice of Inquiry dated September 20, 2004 stated that the Town is currently working with the applicant on the required annexation agreement. The Town of Firestone would let the Department of Planning Services know when and if the annexation agreement is executed. The applicant and the Town of Firestone can not reach an agreement regarding the annexation agreement and would prefer to proceed through the County. , The Town of Firestone was notified on December 13, 2004 via e-mailtbf the Planning Commission Hearing date. No letters were received from neighboring property owners. This application was reviewed utilizing the definitions outlined in the Inter-Governmental Agreement (IGA) for the Town of Firestone. By definition, this application is considered development, as stated in the IGA, "Any land use requiring regulatory approval by the elected governing body of the applicable party in the Urban Growth Area...." Given this condition, the Department of Planning Services is recommending denial of the application. Denise gibbons is present at this time and I would be happy to answer any question at this time. r/Fl ' "'Y -n Tttc H j urL k.r�'`..✓ �'4-n(nl A�n�N ; - ,�n,:...�.�b7--om, }UO r U ✓ 7(1 /L,7, (C' `.;.��q j 1 � ( J Jtc`9 0 °4 Nc,ce„it �„-A- t f (I (44:-/) - .,rr.-1- pew _5 end Cc) Cv c F.'�•� %i I^FJV a"_ "W— slut,”\ C�a S�V ^� & J VI Co CU c,s . ?S,1 eAr —r s� c2ei3 Ail NC l�Scr - M--n.c c?full v0-t' Ain-A- SR ' .� a, .-n -y /�M ti c V �L e, C c Pp ay pil- i PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS I I "I''y THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF- WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF- WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Jacqueline Hatch, HEREBY CERTIFY UNDER PENAI IFS OF�PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST E DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR,u.¢-Izct;IN THE A (AGRICULTURAL) ZONE DISTRICT. N ft c--(tuck. , t1 4-T W Name of Person Posting Sign • Sign ire of Person Posting Sign STATE OF COLORADO )ss. COUNTY OF WELD ) rr,, The foregoing instrument was subscribed and sworn to me this day of ,aVrebl .u , 2004.WITNESS my hand and official seal. K f-ti1/4:; . Notary Public TAc • >' • My Commission Expires: ViR)'.A 0 .�Of • • — • i 1w\ . I. ./% fir k Ah I f • e ' • ti , ' .rt . • 9 k . 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" ' �• v C 'Me• ' r 141frkle. 1 - I. • _. ._ .,, Iv , .C �� a - ar alribyistr. . • I ill • I • r 1W 1. • le if eit • t • . 1' er h Y , ;,• . ,� . .. : ., •A,, r . - -- _. _ r • er ...ea ; • rib art -glilin : ..."'n •• eltar -- . ,a wr• sorer rare _- -.• . 1l a • • r u • • • • • •} • • • 0 • ' a,I , • .a a • a • ikk re Now_ _ r_ -r - ....ripimmtai L. Lqi, • ..ifing „...• . ... i ...e. , . . , A - 1 r .'. A • I a ;In Ilk ' : t i Pagel o • • Jacqueline Hatch From: Jacqueline Hatch Sent: Thursday, January 27, 2005 7:34 AM To: 'DGibbons@ttwireless.com' Subject: RE: Nextel Frederick great, so you will need to show on your plats the 120' right-of-way with 60'from centerline onto your site shown. I hope this helps From: DGibbons [mailto:DGibbons@ttwireless.com] Sent: Wednesday, January 26, 2005 4:50 PM To: Jacqueline Hatch Subject: FW: Nextel Frederick How is this? Thanks! • Denise Gibbons Leasing/Zoning Manager Tetra Tech Communications 303-598-0229, Voice 303-721-3944, FAX From: Kevin Ash [mailto:kash@tstinc.com] Sent: Wednesday, January 26, 2005 2:35 PM To: DGibbons@ttwireless.com Subject: RE: Nextel Frederick Denise, The projected r.o.w. for Frontier Street(Road 15) is 120'. The Town projects this as a major arterial roadway. Kevin Original Message From: DGibbons [mailto:DGibbons@ttwireless.com] Sent: Wednesday, January 26, 2005 4:02 PM To: Kevin Ash Subject: FW: Nextel Frederick Kevin: Can you please confirm what the Planner is asking below? Thanks, Denise Gibbons Leasing/Zoning Manager Tetra Tech Communications 303-598-0229, Voice 303-721-3944, FAX 01/27/2005 Page 2 of • • From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us] Sent: Wednesday, January 26, 2005 1:50 PM To: DGibbons@ttwireless.com Subject: RE: Nextel Frederick On your plats you will need to show the road and the designated right-of-way. So lets just say the road has a 60' right-of- way, then 30'from the centerline of the road towards your site will be shown on the plats. You will need to verify with the Town of Firestone to see what the projected right-of-way is. In regards to the size of the paper plats I would prefer to review the 24x36 size (easier to read) Thanks, Let me know if you have any questions. From: DGibbons [mailto:DGibbons@ttwireless.com] Sent: Wednesday, January 26, 2005 2:40 PM To: Jacqueline Hatch Subject: RE: Nextel Frederick I'm sorry, what do you mean? Also, can I send you two sets of 11 x 17's for review or are you needing the full set. Thanks, Denise Gibbons Leasing/Zoning Manager Tetra Tech Communications 303-598-0229, Voice 303-721-3944, FAX From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us] Sent: Wednesday, January 26, 2005 1:37 PM To: DGibbons@ttwireless.com Subject: RE: Nextel Frederick Denise, Sounds good but do they mention what the project right-of-way is for the road. Thanks Jacqueline From: DGibbons [mailto:DGibbons@ttwireless.com] Sent: Wednesday, January 26, 2005 2:35 PM To: Jacqueline Hatch Subject: FW: Nextel Frederick Hi Jacqueline: Here is the response I received from Firestone. I will attach this to the drawings and a paper copy will be coming your wa for review. Thanks! 01/27/2005 • • • Page 3 0l Denise Gibbons Leasing/Zoning Manager Tetra Tech Communications 303-598-0229, Voice 303-721-3944, FAX From: Kevin Ash [mailto:kash@tstinc.com] Sent: Wednesday, January 26, 2005 1:01 PM To: DGibbons@ttwireless.com Subject: RE: Nextel Frederick Denise, I got confirmation from the Town Planner and Town Administrator that there are no concerns with this as long as the existing access remains and the traffic will remain as minimal as you indicated per our phone conversation. Thanks, Kevin Ash, PE TST, Inc. Consulting Engineers Phone: 970.226.0557 Metro: 303.595.9103 Cell: 970.217.4193 Fax: 970.226.0204 Email: kash@tstinc.com Original Message From: DGibbons [mailto:DGibbons@ttwireless.com] Sent: Wednesday, January 26, 2005 1:13 PM To: Kevin Ash Subject: FW: Nextel Frederick Hi Kevin: As per our conversation this morning, please find the attached pdf drawings pertaining to our proposed collocation on an existing tower in Weld County. If you could just confirm that Firestone is okay with the current access to the site that we Nextel will be utilizing anc reply via e-mail, that is all that the Planning Department will require. As we talked about, Nextel will be using the existing access to the site and will not be putting in any additional access roads. Once construction is complete, a tech will access the site once a month for maintenance. Thanks Kevin, Denise Gibbons Leasing/Zoning Manager Tetra Tech Communications 303-598-0229, Voice 303-721-3944, FAX 01/27/2005 Page 1 of I • Jacqueline Hatch ,ec ,3, Loot' To: bnickerson@vauxmont.com Subject: AMUSR-1293 Nextel Tower Bruce, This is just a reminder that there will be a public hearing before the Weld County Planning Commission on Tuesday, December 21, 2004, at 1:30 p.m., in the hearing room, Weld County Planning Department 4209 CR 24 1/2, Longmont, CO concerning the request of: Name: Roy and Margaret Patton and Dawn Kanzler do Denise Gibbons with Tetra Tech For: An Amended Site Specific Development Plan and a Special Review Permit for a major facility of a public utility (co-location on an existing 150 foot monopole antenna tower and the addition of an equipment shelter) in the Agricultural Zone District. Legal Description: Lot B of RE-147 Pt NE4 of Section 30, T2N, R67W of the 6th p.m., Weld County Colorado Location: West of and adjacent to County Road 15 and approximately 1/4 mile south of County Road 18 The Department of Planning Services is notifying you of this hearing to let you know that staff is requesting denial of this application pursuant to the Inter Governmental Agreement (IGA)with the Town of Firestone. If you have any questions or concerns regarding this application please feel free to attend the hearing or submit additional comments in writing. Thanks, Jacqueline 12/13/2004 Roy Patton Annexation Agrent. . Page 1 of 2 TotcQ.w_�l�le , his V 5 c' 1eceAT DGibbons Corres)cvt utee- tic klti 3ruce ferc iv� iI e on.;‘„euaA-t-ev\_ From: Stacey Mathis [smathis@ttwireless.com] vv \Aca.Je kaacx a Sent: Monday, October 25, 2004 10:31 AM Ce S cc iA5e -Fvaw n\1/24 0.s To: Bruce@nickersonco.com J e-4Cc: RoyPttn@aol.com 1 I Subject: Roy Patton Annexation Agreement. I,tav<kS agat"` Bruce: I met with Roy Patton on Saturday to discuss the Annexation agreement, and what we could do in order to move forward on this project. Based on this discussion, with Mr. Patton, I have the following comments. Under paragraph 3, there is a statement that says that "The Owner will also sign an annexation petition, or a petition for annexation election, when requested by the Town Board, and will vote for annexation to the Town if an annexation election relating to the property is held." We are dealing with a single parcel of land, does this agreement not constitute the petition? Under what circumstances would an election be held? Under what circumstance would the governing authority have the right to know how a vote is cast? Paragraph 3: "At the time of annexation, the Town and Owner agree to consider a zone district designation that will permit the continuation of existing uses on the Property" Can the zoning designation be determined at this time? If not, why not? Paragraph 5: How does this paragraph relate to this parcel? All owners will have executed this agreement. If it does not relate, can it be stricken? Paragraph 7: "Owner further agrees to dedicate to the Town, at no expense to the Town and upon Town request, such right-of-way as is necessary for improvement of Road 15;provided, however, that right- of-way dedication requested under this Agreement shall not exceed 30 feet in width. The requirement to dedicate right of way without compensation does not correlate to the proposed development. This development, will not have any appreciable increase in traffic (5 trips per month). What is the Town's justification for this request? Paragraph 9: What is the cost for all of this? This is a very vague and open ended request that can be very expensive to an individual. Can all necessary documents be prepared and given to the Town at the time of the agreement for the Town to hold until such time they choose to execute? Mr. Patton raises horses on the property, and this is his livelihood. His main concern is that any new zoning would be limiting on his ability to run his business. What assurances can be written into this document to assure him that the Town of Firestone will not attempt to limit his ability to use the property? 11/2/2004 Roy Patton Annexation Agrent. • Page 2 of 2 Mr. Patton now has a well and septic system on the property, as long as each of these systems are operating within State sanitation laws, what assurances does he have that the Town will not require him to attach to Town Maintained water and sewer? Can this be written into the document? Bruce, all of this seems unnecessary. Under State law, the City of Firestone clearly has the opportunity and the means to annex this property with or without his consent. 31-12-106. Annexation of enclaves,partly surrounded land, and municipally owned land. (1)Annexation of enclaves. When any unincorporated area is entirely contained within the boundaries of a municipality, the governing body may by ordinance annex such territory to the municipality without complying with section 31-12-104 [Contiguity], 31-12-105[Limitations], 31-12-108[Noticel 31-12-109 [Public Hearing] if said area has been so surrounded for a period of not less than three years; except that notice of the proposed annexation ordinance shall be given by publication as provided by section 31-12-108 (2)[Notice]for notices of annexation petitions and resolutions initiating annexation proceedings, but no public hearing on the proposed annexation ordinance shall be required, and the first publication of notice shall be at least thirty days prior to the adoption of the ordinance. Why does the Town not forego this annexation agreement and annex the property at their discretion according to State Statutes? Thanks for your time. I look forward to your response, so that we can resolve this issue. Sincerely, Stacey Mathis, AICP Collocation Manager Tetra Tech Communications 333 Inverness Drive South Englewood, CO 80112 303-435-1430 303-721-3944 FAX 100*18*1553 smathis@ttwireless.com 11/2/2004 • FIELD CHECK � • /CASE NUMBER: AmUSR1293 DATE OF INSPECTION: if [� -2 O3 APPLICANT'S NAME: Roy& Margaret Patton, Dawn Kanzler do Denise Gibbons with Tetra Tech PLANNER: Jacqueline Hatch REQUEST: An amended Site Specific Development Plan and a Special Review permit for a Major Facility of a Public Utility(Co-location on an existing 150 foot Monopole Antenna Tower and the addition of an equipment shelter) in the A(Agricultural)Zone District LEGAL DESCRIPTION: Lot B or RE-147; Pt NE4 Section 30, T2N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: West of and adjacent to CR 15; approximately 1/4 mile south of CR 18. LAND USE: /✓' I (, N l� �_r7 P�J 1 1�/ i n h-\4 r 1 : E Lite "l�j�r�" s ro u,r) S - n O • are nef—• ZONING: N A (Agricultural) E A(Agricultural) S A(Agricultural) W A(Agricultural) COMMENTS: A rectCiba. r L,, Sc---c,IC it L4', P.C. Member FIELD CHECK Inspection Date: 12/8/04 APPLICANT: Roy and Margaret Patton, Dawn Kanzler do Denise Gibbons with Tetra Tech CASE# : AMUSR-1293 REQUEST: An amended Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility(Co-location on an existing 150 foot Monopole Antenna Tower and the addition of an equipment shelter) in the A(Agricultural)Zone District. LEGAL: Lot B of RE-147 Pt NE4 Section 30,T2N, R67W of the 6th P.M.,Weld County, CO. LOCATION: West of and adjacent to CR 15; approximately'A mile south of CR 18. PARCEL ID#: 1311 30 100024 ACRES: AMUSR-1293 .8 +/-acres,Total site 3.63+/-acres Zoning Land Use N Town of Firestone N Agricultural E Town of Firestone E Agricultural — Proposed Residential Subdivision S Town of Firestone S Residential Subdivision W Town of Firestone W Residential Subdivision COMMENTS: Heavily landscaped to the south County Road 15 is gravel Existing Monopole and equipment shelter on site Residential subdivisions to the west and south of the site Residential subdivision proposed to the east of the site Agricultural uses to the north Jacquelineft-latch, Planner CASE: Plat Checklist POC 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 8FF pt. lettering Boundaries of Lots al{A,(di Lis1`tn,...'z,-. V 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) Vicinity Map Suitable Scale?(Minimum 1"=2000') 5 CS 23 North Arrow Legal Description 0 Notes from Planner/ Development Standards l.J Conditions of Approval I 9 4 c•-•,) Owner's Certificate Notarial Certificate included?All owners must sign the plat, J� check the deed. C/ Surveyor's Certificate and All surveyed plats Surveyor's Stamp Note:USR plats do not need to be surveyed 4) Director of Planning Notarial Certificate included?(RE, SE, SPR,Final PUD if Staff Certificate Approved) Planning Commission (USR, COZ,Minor Sub. Final) Certificate Board Certificate (USR, COZ„Minor Sub Final) 1/-, (Final PUB, RE, SE&ZPMH if Board approved) Typical Road Cross Section (COZ,Final Minor Sub. and Final PUB) Easements •� r," Please return the plat to the CAD Technician within 24 hours of receiving the plat. Paper Plats: Z(2- (Initials)Date: ,- Surveyor&Date: 'a9 0 ,-Cdt Applicant&Date: Planner Signature: Date: )WELD COUNTY,COLORADO ( DEPARTMENT OF PLANNING SERVICE 1555 N. 17TH AVENUE GREELEY, CO 80631 II PHONE (970)353-6100, EXT. 3540-FAX(970)304-6498 DATE: •__ ) ` 20 -1 RECEIPT RECEIPT 1 t! 6 6 2 RECEIVED FROM: I A NO. TYPE FEES 4221 -RE/SE 4221 -ZPMH 4221 -USR 4221 -SITE PLAN REVIEW 4221 -COZ 4221 -PUD _ s 4221 -SUBDIVISION 4221 -BOA 4221 -FHDP/GHDP 4430-MAPS/PUBLICATIONS 4430-POSTAGE 4430-COPIES j 4730-INVESTIGATION FEE 6560:RECORDING FEE ( 1 ! { MISC. . . I7 CASH -_IJ CHECK NO: ,,�.. 1 s,1' ; TOTAL BY: , C r WHITE—CUSTOMER CANARY-FINANCE PINK-FILE !Ripe APPLICATION FLOW SHEET APPLICANT: Roy and Margaret Patton, Dawn Kanzler c/o Denise Gibbons with Tetra Tech CASE#: AMUSR-1293 REQUEST: An amended Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility(Co-location on an existing 150 foot Monopole Antenna Tower and the addition of an equipment shelter)in the A(Agricultural)Zone District. LEGAL: Lot B of RE-147 Pt NE4 Section 30,T2N, R67W of the 6`" P.M.,Weld County, CO. LOCATION: West of and adjacent to CR 15;approximately 1/4 mile south of CR 18. PARCEL ID#: 1311 30 100024 ACRES: AMUSR-1293 .8 +/-acres,Total site 3.63+/-acres DATE BY Application Received 6/29/04 JH Application Complete 11/3/04 JH PC Hearing Date: Dec. 21,2004 Action: N n QED Dec. 21, 2004 JH f. Utility Board Date: ` 0150 PC Sign to be Posted By: Dec. 11, 2004 PC Sign Posted (2_IQ'd H 7 Referrals Listed File Assembled (t 14to 4 Referrals Mailed Chaindexed Letter to Applicant Mailed Date Public Notice Published in County Newspaper )7 Ic/Ipq Surrounding Property& Mineral Owners Notified Planning Technician Maps Prepared 11/3/2004 JH Field Check by DPS Staff Planning Commission Resolution Sent to Applicant Planning Commission Meeting Minutes Filed in Case Case Sent to Clerk to the Board N' CC Hearing: f..�l N Action: CC Sign to be Posted By: u\--` P CC Sign Posted ` r Plat and/or Resolution Recorded Recorded on Maps and filed J -It-0-5— overlay Districts Zoning Agricultural MUD Yes No_X_ IGA Yes_X_ No_X_ Ord. Firestone Airport Yes No_X_ Geologic Yes No_X_ Flood Hazard Yes No X_ Panel#080266 0863 C Road Impact Area WELD Weld County Planning Department GPEELFY OFFICE AI=R 2 ?; )004 (It) REG:: V"1%.* ri.) Tetra Tech Communication Services 333 Inverness Drive South Englewood,CO 80112 April 28, 2004 Ms. Jacqueline Hatch Planner Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 RE: Submittal for Nextel Collocation on Existing T-Mobile Monopole 7639 WCR, Frederick, CO Dear Ms. Hatch: Enclosed for your review and approval please find the following documents: • One (1) Copy of Nextel's Ground Lease • One (1) Original Letter of Authorization from T-Mobile • One (1) Set of 11 x 17 Signed and Stamped Zoning Drawings Nextel Communications is proposing to locate a total of 12 antennas (nine current, three for future use) on an existing T-Mobile Monopole located at 7639 WCR in Frederick, Colorado. Nextel will be placing the antennas at approximately 140-feet and will locate a pre-fabricated equipment shelter adjacent to the T-Mobile lease area. The equipment shelter will be 10' x 20' and placed in a lease area of approximately 550 square feet. Nextel Communications will not be exceeding the overall height of the monopole. On behalf of Nextel Communications I would like to thank you for reviewing the documents for this project. If you have any questions or concerns, please contact me directly at 303-598-0229. Regards, TETRA TECH, INC. Denise Gibbons Leasing/Zoning Manager Denise Gibbons Tetra Tech Communications teasing/Zoning Manager For Nextel Communications Communications Services 333 Inverness Drive South,Englewood,CO 80112 Enc. Tel 303.721.4065 Cell 303.598.0229 Direct Connect 100*18*460 Fax 303.721.3944 dgibbons(attwireless.com www.tetratech,co,n • • • • T • •Mobile " LETTER OF AUTHORIZATION Application for Zoning/Land Use Permit T-Mobile site: DN3032D Patton /Nextel site: CO-0679A Dacono/Fredrick/Firestone T-Mobile USA, Inc., owner of the telecommunication facility located on the below described property, does hereby authorize Tetra Tech, Inc. on the behalf of NEXTEL WEST CORP., a Delaware Corporation, d/b/a Nextel Communications, permission, for the purpose of filing applications for the necessary building permit and/or land use permit required to obtain approvals for Nextel's proposed use the property for the purpose of constructing and operating a communications facility. I understand that this application may be denied, modified or approved with conditions and that such conditions or modifications must be complied with by Nextel West Corp. prior to issuance of building permits. Property Address: 7639 WCR 15, Ft. Lupton, CO 80621 Sec 30,T2N, R67W, County of Weld, State of Colorado Signature: _ L a Gies SMD-Colocation Specialist T-Mobile USA, Inc. Date: 4/19/2004 T Mobile USA,Inc. 4/19/2004 19807 North Creek Parkway North Bothell,WA 98011 MKT: DMA • SITE NAME: Dacono'Frederick-Firestone SITE:CO-0679A COMMUNICATIONS SITE LEASE AGREEMENT(GROUND) This COMMUNICATIONS SITE LEASE AGREEMENT ("Agreement')is entered into this day off /4l. , 2004 ("Effective Date"), by Nextel West Corp, a Delaware corporation, d/b/a Nextel Communications (`_`Nextel" or"Tenant") and Roy C. Patton, Margaret D. Patton and Dawn E. Kanzler, owners ("Owner"or"Landlord"). For One Dollar ($1.00) paid to Owner, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Premises. Owner owns a parcel of land ("Land") located in the City of Fredrick County of Weld, State of Colorado, commonly known as 7639 WCR 15, Frederick, CO 80530 (APN: 1311-30-1-00-024). The Land is more particularly described in Exhibit A annexed hereto. Subject to the provisions of Paragraph 2 below (Effective Date/Due Diligence Period), Owner hereby leases to Nextel and Nextel leases from Owner approximately ' square feet of the Land and all access and utility easements necessary or desirable therefore ("Premises"), as may b generally described in Exhibit B annexed hereto. { e huncIr.d +y (550) 2. Effective Date/Due Diligence Period. This Agreement shall be effective on the date of full execut' ny, hereof("Effective Date"). Beginning on the Effective Date and continuing until the Term Commencement Date as deft in Paragraph 3 below("Due Diligence Period'), Nextel shall only be permitted to enter the Land for the limited purpose of making appropriate engineering and boundary surveys, inspections, and other reasonably necessary investigations and signal, topographical, geotechnical, structural and environmental tests (collectively, "Investigations and Tests") that Nextel may deem necessary or desirable to determine the physical condition, feasibility and suitability of the Premises. In the event that Nextel determines, during the Due Diligence Period, that the Premises are not appropriate for Nextel's intended use, Nextel shall have the right to terminate this Agreement without penalty upon written notice to Owner at any time prior to the Term Commencement Date. Owner and Nextel expressly acknowledge and agree that Nextel's access to the Land during this Due Diligence Period shall be solely for the limited purpose of performing the Investigations and Tests, and that Nextel shall not be considered an owner or operator of any portion of the Land, and shall have no ownership or control of any portion of the Land (except as expressly provided in this Paragraph 2), prior to the Term Commencement Date. 3. Term. The term of Nextel's tenancy hereunder shall commence upon the start of construction of the Tenant Facilities (as defined in Paragraph 6 below) or eighteen (18) months following the Effective Date, whichever first occurs ("Term Commencement Date") and shall terminate on the fifth anniversary of the Term Commencement Date (the "Term") unless otherwise terminated as provided herein. Tenant shall have the right to extend the Term for five (5) successive five (5) year periods (the "Renewal Terms") on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term unless Tenant notifies Landlord of its intention not to renew prior to commencement of the succeeding Renewal Term. 4. Rent. (a)Within fifteen (15) business days following the Term Commencement Date and on the first day of each month thereafter, Tenant shall pay to Landlord as rent 41§210110310diegilllagalgillM OEM per month ("Rent"). Rent for any fractional month at the beginning or at the end of the Term or Renewal Term shall be prorated. Rent shall be payable to Landlord at 7639 WCR 15, Frederick, CO 80530 Attention: Roy C. Patton, Margaret D. Patton and Dawn E. Kanzler. All of Tenant's monetary obligations set forth in this Agreement are conditioned upon Tenant's receipt of an accurate and executed W-9 Form from Landlord. • (b) Rent shall be adjusted upward on each anniversary of the Term Commencement Date in an amount equal to four percent(4%)of the base rent applicable in the immediately preceding year. (c) As additional consideration for Landlord enterin into this Agreement, Tenant shall pay to Landlord a one time signing bonus in the amount of ) upon Landlord's execution of the Agreement. 5. Use. From and after the Term Commencement Date, the Premises may be used by Tenant for any lawful activity in connection with the provision of communications services, and Tenant shall have the ongoing right to perform such Investigations and Tests as Tenant may deem necessary or desirable. Landlord agrees to cooperate with Tenant, at STANDARD GROUND LEASE NEXTEL PROPRIETARY&CONFIDENTIAL PAGE 1 MKT: DMA SITE NAME:Dacono:FrcderickFirestone SiTEY:CO-0679A Tenant's expense, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Tenant's intended use of the Premises. 6. Facilities* Utilities: Access. (a) Tenant has the right to construct, erect, maintain, replace, remove, operate and upgrade on the Premises communications facilities, including without limitation an antenna tower or pole and foundation, utility lines, transmission lines, air conditioned equipment shelter(s), electronic equipment, transmitting and receiving antennas, a standby power generator and generator pad, and supporting equipment and structures therefore ("Tenant Facilities"). In connection therewith, Tenant has the right to do all work necessary to prepare, maintain and alter the Premises for Tenant's business operations and to install transmission lines connecting the antennas to the transmitters and receivers. All of Tenant's construction and installation work shall be performed at Tenant's sole cost and expense and in a good and workmanlike manner. Tenant shall hold title to the Tenant Facilities and all of the Tenant Facilities shall remain Tenant's personal property and are not fixtures. Tenant has the right to remove the Tenant Facilities at its sole expense on or before the expiration or earlier termination of this Agreement, and Tenant shall repair any damage to the Premises caused by such removal. Upon the expiration or earlier termination of this Agreement, Tenant shall remove the Tenant Facilities from the Land, but is not required to remove any foundation more than one (1)foot below grade level. (b) Tenant shall pay for the electricity it consumes in its operations at the rate charged by the servicing utility company. Tenant shall have the right to draw electricity and other utilities from the existing utilities on the Land or obtain separate utility service from any utility company that will provide service to the Land. Landlord agrees to sign such documents or easements as may be required by said utility companies to provide such service to the Premises, including the grant to Tenant or to the servicing utility company at no cost to the Tenant, of an easement in, over, across or through the Land as required by such servicing utility company to provide utility services as provided herein. Any easement necessary for such power or other utilities will be at a location acceptable to Landlord and the servicing utility company. (c) Tenant, Tenant's employees, agents and contractors shall have access to the Premises without notice to Landlord twenty-four (24) hours a day, seven (7) days a week, at no charge. Landlord grants to Tenant, and Tenant's agents, employees and contractors, a non-exclusive right and easement for pedestrian and vehicular ingress and egress across the Land,as may be generally described in Exhibit B. (d) Landlord shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. Landlord shall be responsible for maintaining and repairing such roadway, at its sole expense, except for any damage caused by Tenant's use of such roadways. Notwithstanding the forgoing, Tenant may construct an access road to the Premises ("Access Road'), across the Land as may be more fully described in Exhibit B, if Tenant reasonably determines such Access Road is necessary for Tenant's ingress to and egress from the Premises. Tenant shall be responsible for maintaining and repairing such Access Road until the expiration or earlier termination of this Agreement, at its sole expense, less reasonable wear and tear or loss caused by casualty or other cause beyond Tenant's control. Landlord shall be responsible for any damages to the Access Road caused by Landlord's, or Landlord's agents', employees', licensees', invitees' or contractors', use of the Access Road, and shall be responsible for maintaining and repairing the Access Road from and after the expiration or earlier termination of this Agreement,which costs shall be Landlord's sole responsibility. 7. Interference. (a) Tenant shall operate the Tenant Facilities in compliance with all Federal Communications Commission ("FCC') requirements and in a manner that will not cause interference to Landlord or other lessees or licensees of the Land, provided that any such installations predate that of the Tenant Facilities. (b) Subsequent to the installation of the Tenant Facilities, Landlord will not, and will not permit its lessees or licensees to, install new equipment on or make any alterations to the Land or property contiguous thereto owned or controlled by Landlord, if such modifications are likely to cause interference with Tenant's operations. In the event interference occurs, Landlord agrees to use best efforts to eliminate such interference, in a reasonable time period. Landlord's failure to comply with this paragraph shall be a material breach of this Agreement. 8. Taxes. If personal property taxes are assessed, Tenant shall pay any portion of such taxes directly attributable to the Tenant Facilities. Landlord shall pay all real property taxes, assessments and deferred taxes on the S.AND ARDGROTND -EASE, NEXTELPROPR1E7Akl'£C CONE'DEN]1AL PAGE 2 MKT: DMA SITE NAME: Dacono:'Frederick Firestone SITE: CO-0679A Land. If any increase to Landlord's real property taxes is the direct result of Tenant's improvements on the Premises, then Tenant shall reimburse the Landlord that proportionate share of such tax increase provided that as a condition of Tenant's obligations to pay such tax increases: (i) Landlord provides to Tenant the documentation from the taxing authority, reasonably acceptable to Tenant, indicating that the increase is due to Tenant's improvements, and (ii) Landlord files a timely protest with the appropriate taxing authority, and consents to Tenant's intervention and prosecution of the same (the cost of such appeal to be borne by the parties on a pro rata basis). Landlord and Tenant shall cooperate with each other in the protest of any such assessment by(i)providing each other with information regarding the relative valuation of their property, and (ii) allowing each other to participate in any proceeding related to the tax protest. Nothing in this paragraph shall be construed as limiting either party's right to contest, appeal or challenge any tax assessment. 9. Waiver of Landlord's Lien. (a) Landlord waives any lien rights it may have concerning the Tenant Facilities which are deemed Tenant's personal property and not fixtures, and Tenant has the right to remove the same at any time without Landlord's consent. (b) Landlord acknowledges that Tenant has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of the Tenant Facilities (the "Collateral) with a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities). In connection therewith, Landlord (i)consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. 10. Termination. This Agreement may be terminated without further liability on thirty (30) days prior written notice as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default, except that the Agreement shall not be terminated if the default cannot reasonably be cured within such sixty(60) day period and the defaulting party has commenced to cure the default within such sixty (60) day period and diligently pursues the cure to completion; provided that the grace period for any monetary default is ten (10)days from receipt of written notice; or(ii) by Tenant for any reason or for no reason during the Due Diligence Period, provided Tenant delivers written notice of early termination to Landlord prior to the Term Commencement Date; or (iii) by Tenant if it does not obtain or maintain any license, permit or other approval necessary for the construction and operation of the Tenant Facilities; or (iv) by Tenant if Tenant is unable to occupy and utilize the Premises due to an action of the FCC, including without limitation, a take back of channels or change in frequencies; or (v) by Tenant if any environmental report for the Land reveals the presence of any Hazardous Material; (vi) by Tenant if Tenant determines that the Premises are not appropriate for its operations for economic or technological reasons, including, without limitation, signal interference; or (vii) by Tenant if the Landlord fails to deliver to Tenant an executed memorandum of agreement or non-disturbance and attomment agreement pursuant to Paragraphs 19(g)and (h)below. 11. Destruction or Condemnation. If the Premises or Tenant Facilities are damaged, destroyed, condemned or transferred in lieu of condemnation, Tenant may elect to terminate this Agreement as of the date of the damage, destruction, condemnation or transfer in lieu of condemnation by giving notice to Landlord no more than forty- five(45)days following the date of such damage, destruction, condemnation or transfer in lieu of condemnation. If Tenant chooses not to terminate this Agreement, Rent shall be reduced or abated in proportion to the actual reduction or abatement of use of the Premises. 12. Insurance. Tenant, at Tenant's sole cost and expense, shall procure and maintain on the Premises and on the Tenant Facilities, bodily injury and property damage insurance with a combined single limit of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against all liability of Tenant, its employees and agents arising out of or in connection with Tenant's use of the Premises, all as provided for herein. Landlord, at Landlord's sole cost and expense, shall procure and maintain on the Land and its real property located thereon, bodily injury and property damage insurance with a combined single limit of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis, against all liability of Landlord, its employees and agents arising out of or in connection with Landlord's use, occupancy and maintenance of the Land and Landlord's property located thereon. Each party shall be named as an additional insured on the other's policy. Each party shall provide to the other a certificate of insurance evidencing the coverage required by this paragraph within thirty(30) days following the Effective Date. ST.cNDAr D GROUND LEASE NEXT'r.!_PROPRIETARY&CO'.WiDENTIAL P.AGE 3 MKT: DMA SITE NAME: Dacono Frederick'Firestone SITE=: CO-0679A 13. Waiver of Subrogation. Landlord and Tenant release each other and their respective principals, employees, representatives and agents, from any claims for damage to any person or to the Land or the Premises or to the Tenant Facilities or any other property thereon caused by, or that result from, risks insured against under any insurance policies carried by the parties and in force at the time of any such damage. Landlord and Tenant shall cause each insurance policy obtained by them to provide that the insurance company waives all right of recovery by way of subrogation against the other in connection with any damage covered by any policy. Neither Landlord nor Tenant shall be liable to the other for any damage caused by fire or any of the risks insured against under any insurance policy required by Paragraph 12. 14. Liability and Indemnity. Landlord and Tenant shall each indemnify, defend and hold the other harmless from and against all claims losses, liabilities, damages, costs, and expenses (including reasonable attorneys' and consultants'fees, costs and expenses) (collectively "Losses") arising from the indemnifying party's breach of any term or condition of this Agreement or from the negligence or willful misconduct of the indemnifying party's agents, employees or contractors in or about the Land. The duties described in this Paragraph 14 shall apply as of the Effective Date of this Agreement and survive the termination of this Agreement. 15. Assignment and Subletting. Tenant may assign this Agreement, or sublet or license the Premises or any portion thereof, which shall be evidenced by written notice thereof to Landlord within a reasonable period of time thereafter. Upon assignment, Tenant shall be relieved of all future performance, liabilities, and obligations under this Agreement, provided that the assignee assumes all of Tenant's obligations herein. Landlord may assign this Agreement, which assignment may be evidenced by written notice to Tenant within a reasonable period of time thereafter, provided that the assignee assumes all of Landlord's obligations herein, including but not limited to, those set forth in Paragraph 9 ("Waiver of Landlord's Lien")above. This Agreement shall run with the Land and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives, heirs and assigns. Notwithstanding anything to the contrary contained in this Agreement, Tenant may assign, mortgage, pledge, hypothecate or otherwise transfer without notice or consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Tenant (i)has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. 16. Warranty of Title and Quiet Enjoyment. Landlord warrants that: (i) Landlord owns the Land in fee simple and has rights of access thereto and the Land is free and clear of all liens, encumbrances and restrictions except those of record as of the Effective Date; and (ii) Landlord covenants and agrees with Tenant that Tenant may peacefully and quietly enjoy the Premises, provided that Tenant is not in default hereunder after notice and expiration of all cure - periods. 17. Repairs. Tenant shall repair any damage to the Premises or Land caused by the negligence or willful misconduct of Tenant. Except as set forth in Paragraph 6(a) above, upon expiration or termination hereof, Tenant shall repair the Premises to substantially the condition in which it existed upon start of construction, reasonable wear and tear and loss by casualty or other causes beyond Tenant's control excepted. 18. Hazardous Material. (a) As of the Effective Date of this Agreement (1) Tenant hereby represents and warrants that it shall not use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon or affecting the Land in violation of any Environmental Law (as defined below), and (2) Landlord hereby represents and warrants that (i) it has no knowledge of the presence of any Hazardous Material located in, on, under, upon or affecting the Land in violation of any Environmental Law; (ii) no notice has been received by or on behalf of Landlord from, and Landlord has no knowledge that notice has been given to any predecessor owner or operator of the Land by, any governmental entity or any person or entity claiming any violation of, or requiring compliance with any Environmental Law for any environmental damage in, on, under, upon or affecting the Land; and (iii) it will not permit itself or any third party to use, generate, handle, store or dispose of any Hazardous Material in, on, under, upon, or affecting the Land in violation of any Environmental Law. (b) Without limitation of Paragraph 14, Landlord and Tenant shall each indemnify, defend and hold the other harmless from and against all Losses arising from (i) any breach of any representation or warranty made in this Paragraph STANDARD GRc?uh'D LEASE NEXTFL PROPRIETARY&CO,FIDE\TI AL PAGE4 MKT: DMA SITE NAME: Dacono Frederick:Firestone SITE: CO-0679A 18 by such party; andfor (ii) environmental conditions or noncompliance with any Environmental Law (as defined below) that result, in the case of Tenant, from operations in or about the Land by Tenant or Tenant's agents, employees or contractors, and in the case of Landlord, from the ownership or control of, or operations in or about, the Land by Landlord or Landlord's predecessors in interest, and their respective agents, employees, contractors, tenants, guests or other parties. The duties described in this Paragraph 18 shall apply as of the Effective Date of this Agreement and survive termination of this Agreement. (c) "Hazardous Material'means any solid, gaseous or liquid wastes (including hazardous wastes), regulated substances, pollutants or contaminants or terms of similar import, as such terms are defined in any Environmental Law, and shall include, without limitation, any petroleum or petroleum products or by-products, flammable explosives, radioactive materials, asbestos in any form, polychlorinated biphenyls and any other substance or material which constitutes a threat to health, safety, property or the environment or which has been or is in the future determined by any governmental entity to be prohibited, limited or regulated by any Environmental Law. (d) "Environmental Law'means any and all federal, state or local laws, rules, regulations, codes, ordinances, or by- laws, and any judicial or administrative interpretations thereof, including orders, decrees, judgments, ruling, directives or notices of violation, that create duties, obligations or liabilities with respect to: (i) human health; or (ii) environmental pollution, impairment or disruption, including, without limitation, laws governing the existence, use, storage, treatment, discharge, release, containment, transportation, generation, manufacture, refinement, handling, production, disposal, or management of any Hazardous Material, or otherwise regulating or providing for the protection of the environment. 19. Miscellaneous. (a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any amendments to this Agreement must be in writing and executed by both parties. (b) Both parties represent and warrant that their use of the Land and their real and personal property located thereon is in compliance with all applicable, valid and enforceable statutes, laws, ordinances and regulations of any competent government authority. (c) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. (d) This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. (e) Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, or reliable overnight courier to the address of the respective parties set forth below: Landlord: Tenant: Roy C. Patton, Margaret D. Patton and Nextel West Corp. Dawn E. Kanzler 333 Inverness Drive South 7639 WCR 15 Englewood, Colorado 80112 Frederick, CO 80530 Attn: Property Manager Attn: Roy C. Patton Phone: 303-833-2586 With a copy to: Nextel Communications, Inc. 2001 Edmund Halley Drive Reston, VA 20191-3436 Second Floor, Mail Stop 2E225 Attn: Site Leasing Services, Contracts Manager STANDARD GROUND LEASE NEXTEL PROPRIFTARY&CONFIDENT! PATE 5 MKT: DMA SITE NAME: Dacono.Frederic},Firestone SITE#: CO-0679A Landlord or Tenant may from time to time designate any other address for this purpose by written notice to the other party. All notices hereunder shall be deemed received upon actual receipt. (f) - This Agreement shall be governed by the laws of the State of Colorado. (g) Landlord agrees to execute and deliver to Tenant a Memorandum of Agreement in the form annexed hereto as Exhibit C and acknowledges that such Memorandum of Agreement will be recorded by Tenant in the official records of the county where the Land is located. (h) In the event the Land is encumbered by a mortgage or deed of trust, Landlord agrees to obtain and deliver to Tenant an executed non-disturbance and attornment instrument for each such mortgage or deed of trust in a form reasonably acceptable to both parties. (i) Landlord agrees to fully cooperate, including executing necessary documentation, with Tenant to obtain information and documentation clearing any outstanding title issues that could adversely affect Tenant's interest in the Premises created by this Agreement. (j) In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement, such party shall not unreasonably delay, condition or withhold its approval or consent. (k) Each of the parties hereto represent and warrant that they have the right, power, legal capacity and authority to enter into and perform their respective obligations under this Agreement. (I) The captions and headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provision of this Agreement. (m) All Riders and Exhibits annexed hereto form material parts of this Agreement. (n) This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original. "*SIGNATURES ON FOLLOWING PAGE*** ST;4NDARr)GROUND LASE NExTF7..PROPRIET.;RY&CONFIDE\-7;L PAGE 6 • MKT: DMA SITE NAME: Dacono Frederick'Firestone SITE#: CO-0679A IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. LANDLORD: TENANT: Roy C. Patton, Margaret D. Patton and Dawn E. Nextel West Corp., Kanzler, Owners a Delaware corporation, d/b/a Nextel Communications By:Name: Ro C. Patton Name: Alan Woydziak� Title: Owner Title: Director of Site Development Date: � 7 Date: Tax I.D.: ��1 l0 "�5-e By: -/I Name: Margaret D. Patton Title: Owner Date: ~�(I (� By: Name: Dawn E. Kanzler Title: Owner Date: c/024/CV • STAN?:Rn GROUND LEASE NEX TEL PROPRIETARY&CoNFIDENTI AI_ PA:E7 • MKT: DMA SITE NAME: Dacono:'Frederick Firestone SITE#: CO-0679A EXHIBIT A DESCRIPTION OF LAND to the Agreement dated /re c96 , 2004, by and between Roy C. Patton, Margaret D. Patton and Dawn E. Kanzler, Owners as Landlord, and Nextel West Corp., a Delaware corporation, d/b/a Nextel Communications, as Tenant. The Land is described and/or depicted as follows (metes and bounds description): APN: 1311-30-1-00-024 A WRITTEN DESCRIPTION OF THE LAND WILL BE PRESENTED HERE OR ATTACHED HERETO LOT B, RECORDED EXEMPTION NO 1311-30-1-RE 147,ACCORDING TO THE PLAT RECORDED APRIL 29, 1975 IN BOOK 737 AT RECEPTION NO 1659247, BEING LOCATED IN THE NE 14 OF SECTION 30,TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., WELD COUNTY,COLORADO IN IALS l:sw STA cD&.RD GROe,D LEASE NEXTFI..PROFR ET'.RV b:CONF1DEc I1AL PAGE S MKT: D M A SITE NAME: Dacono'Frederick Firestone SITE t: CO-0679A EXHIBIT B DESCRIPTION OF PREMISES to the Agreement dated , 2004, by and between Roy C. Patton, Margaret D. Patton, Dawn E. Kanzler, Owners as Landlord and Nextel West Corp., a Delaware corporation, d/b/a Nextel Communications, as Tenant. The Premises are described and/or depicted as follows: A DRAWING OF THE PREMISES WILL BE PRESENTED HERE OR ATTACHED HERETO Silt: CO-06794 I.r.uareT..er T.Meear N.mt: Dacono;Frederick:Firettune La.dt.rd Cr.,0d. Put.. Adder.; 7677 to CR IS.Pneerai,l'O ►►lN /Fre;..x! ''nlrrrecun!Pe..,Eue+nrn: A:: :: 11-J.-I..6-►l. Hex e•eeN 6CALC IL.s• t+e.p,.ard*entelfA::Crn:n Vin're .4. Rad C<n1ce t!4' � p •'--"3 17 ,r !'rcpr.rc.d ca,rl Cain pound T•.Ye.1r'te Cempoun 7.R:o.le t:durp m<nt '` IF!. ._P+o r..c!Ace,'isomer,to Sue cugeun:+:t+.ad Q ACCT.Gate P•'. srd I.1..inemen+ le I t.Ac:err 0,ti:.e Notes: 1. Tenant may replace this Exhibit with a survey of the Premises once Tenant receives it. 2. The Premises shall be setback from the Land's boundaries as required by the applicable governmental authorities. 3. The access road's width will be the width required by the applicable governmental authorities, including police and fire departments. 4. The type, number, mounting positions and locations of antennas and transmission lines are illustrative only. The Actual types, numbers,mounting positions and locations may vary from what is shown above. 5. The location of any utility easement is illustrative only. The actual location will be determined by the servicing utility company in compliance with all local laws and regulations. 'IT _ LS ; STANDARD GROI"ti7)LE,,,SE NE\ E;1. PRO1'F.IE!ARY fi CCp:FIOENT1AL P:\c:,f 9 MKT: DMA SITE NAME: Dacono FrederickTirestone SITE#: CO-0679A EXHIBIT C RECORDED AT REQUEST OF,AND WHEN RECORDED RETURN TO: Nextel West Corp. 333 Inverness Drive South Englewood, Colorado 80112 Attn: Property Manager MEMORANDUM OF AGREEMENT CO-0679A/Dacono/Frederick/Firestone APN: 1311.30.1-00-024 This MEMORANDUM OF AGREEMENT is entered into on this !O day of /la/ , 2004, by Roy C. Patton, Margaret D. Patton and Dawn E. Kanzler, Owners, with an address at 7639 WCR 15, Frederick, CO 80530 (hereinafter referred to as "Owner"or "Landlord') and Nextel West Corp., a Delaware corporation, d/b/a Nextel Communications, with an office at 333 Inverness Drive South, Englewood , Colorado 80112 (hereinafter referred to as "Nextel"or"Tenant). 1. Ow and Nextel�tereg into a Communications Site Lease Agreement("Agreement")on the_ il(/ day of /1/WA , 2004, ("Effective Date") for the purpose of Nextel undertaking certain Investigations and Tests and, upon finding the Land appropriate, for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing is set forth in the Agreement. 2. The term of Nextel's tenancy under the Agreement is for five (5) years commencing on the start of construction of the Tenant Facilities or eighteen (18) months following the Effective Date, whichever first occurs ("Term Commencement Date"), and terminating on the fifth anniversary of the Commencement Date with five (5)successive five (5)year options to renew. 3. The Land that is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Land being leased to Tenant and all necessary access and utility easements (the "Premises")are set forth in the Agreement. In witness whereof, the parties have executed this Memorandum of Agreement as of the day and year first written above. LANDLORD: TENANT: Roy C. Patton, Margaret D. Patton and Dawn Nextel West Corp., E. Kanzler, Owners a Delaware corporation, d/b/a Nextel Communications NOT FOR T LY NOT FOR C TION EXHV ON Y 4-A Ut-An Name: Roy C. Patton Name: Alan Woydziak Title: Owner'G y� Title: Director of Site Development Date: Date: STANDARD RD GFC)i:'I'll LEASE NEXTEL PROPRIETARY 8:CoNi]ilEN 71AL PAGE 10 MKT: DMA SITE NAME: Dacono'Frederick:-Firestone SITE4:CO-0679A By: /O/.. 51 12,‘ ,1 Name: Margaret D. Patton Title: Owner Date: 6' By: �.._ Name: Dawn E. Kanzler Title: Owner Date: J7c2(,/(E STATE OF COLORADO COUNTY OF On ,before me, , Notary Public, personalty appeared Roy C. Patton, personally known to me (or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: STANDARD Gkcu'T LEASE NEXTEL PROPRIETARY&CONFIDENTIA. PAGE 11 _ MKT: DMA • SITE NAME: Dacono.'Frederick.'Firestone SITE#: CO-0679A STATE OF COLORADO COUNTY OF On , before me, , Notary Public, personally appeared Margaret D. Patton, personally known to me(or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: STATE OF COLORADO COUNTY OF On , before me, , Notary Public, personally appeared Dawn E. Kanzler, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: STATE OF COLORADO COUNTY OF On , before me, , Notary Public, personally appeared Alan Woydziak, personally known to me (or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: STANDARD GROUND LEksE NEXTEL PROPRIETARY&CONFIDENTIAL P\oE 12 DEPARTMENT OF PLANNING SERVICES Ad ministrative County Administrative Offices 1555 N. 17th Avenue, Greeley, CO 80631 wiipe WEBSITE: www.co.weld.co.us E-MAIL: jhatch-6100, ld.co.us Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498 COLORADO (u' o April 30, 2004 Tetra Tech, Inc. / W9 Attn: Denise Gibbons S a 333 Inverness Drive South AMA's) Englewood, CO 80112 U -' P Subject: USR-1293, VoiceStream U Ptiekr Legal: Pt NE4 30-2-67 Situs: 7639 Weld County Road 15 Dear Ms. Gibbons: The Department of Planning Services reviewed your request to co-locate 12 antennas (nine current, three for future use) on an existing T-Mobile Monopole and a 10' x 20' equipment shelter located within the above referenced Use by Special Review area. This office has determined that this proposal is a substantial change to the existing permit. Given this determination, an amended Use by Special Review application is warranted. I have attached an Use by Special Review application. The site is also located within the Inter Governmental Area (IGA) for the Town of Firestone. I have also included a Notice of Inquiry that needs to be signed off by the Town of Firestone. If you have further question, please contact me at the above address or call (970) 353-6100 ext. 3540. Sincerely, Jacq ine Hatch Plan r I Iry _....„„ mi /\ . , . l • . Da Aim .,‘ FIRESTONE 18 //w ( II I a - $r11■ ► - _ I 1.I 1l i l l S. il J /r l __ _ I„ Will ( ' Hi ' ( IF ■111■ I Iis s. 1 E USR- 1293 i Communication To imi-iiiiili _ IF Il _i _ I . I . ] L 1111_mown ■ 111 1■t1 I :iilM an ■1 ! 111 11x&i±u :::::: 11111 Illi is I � 1!! 11 M - -- - �' 11 EiJ1j Iflh �. II I I I I I I I I L. 4D J 1 1 ` _ ff AS Bull I I ri, r i _ _ . a _ ' C b 1 e.„ a_ �,a ■■ Y C a_ a' ! Iii= ;= = FREDERICK s ■; _ - • . • I . -- --- -----1 Aiiii. -, :. 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Ir.' 11 �: •+L -• - -4y •( ,q .'0.1 -0, i♦ f'p_•'LI.t `>x L , 1,`'_ +' � • r y } � 4 r _ �'•'�' re 4 � .., •e", - A. " • HIP .may/,, �...A : • Y • cz 3. 41 1 Si Iliall , _ X11 ♦ _ 1 _ ' • . 2.. Li....e t 4 f..,-0•1111114/•+ ,`_N .fir•• 7. ii. .•� rr •,.. , Y t + ° d !. " e at {q "s•r • i♦. J •.17.:11� ` y 0 - . .a 6 - • .-. •r . 4•, -• IJ ... ..- •s ♦ , Z�.., .a. -••.r—.,._'W" ^-• ..f/'•• • _ R`. w r •e^ - _+"•ov i.. r M .. .s v_ i • 7 �A•Lr ry .. . ' rt`'bV' ^al•'at:.� ' ° ' ..L'�2 ' •�' .�41• 1 �tty.F �'°�#r •v''�-� f • i.r,� inr •i 8°Alf F;: �� _ . �. .1 • a • . • • . • .<y • i. ft lt r p ••,a `k - • �!' r .x - — »113• - 41^ • �' • . • 1 .t Al . Identify Results Page 1 of WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R5438186 Parcel*: 1311301000 APAISIISIMOSIMURIVANOOMMIMPANAMMINIIIIIMMAIIIII Tax Area: 2320 Bordering County: Acres: 3.53 Township Range Section.Quart.Sec. Subdiv.ison Name Block#Lot# 02 - 67 -30- 1 - - IFORf.... Owners Name&Address: Property Address: PATTON ROY C&MARGARET D & Street: 7639 15 CR 7639 WELD CO RD 15 City: WELD FORT LUPTON,CO 80621 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception# 9/30/1999 $198,000 WD 2724768 Legal Description I PT NE4 30-2-67 LOT B REC EXEMPT RE-147 (.37R) SITUS: 7639 15 CR WELD 80621 Land Valuation Summary Unit of Number of Actual Value Asses: Land Type Abst Code Measure Units Va Residential 1112 Acres 3.63 Land Subtotal: 3.63 $136,125 $10,1 BuildingssValuation Summary Actual Value Asses: Bldg# Property Type Va 1 Residential 2 Out Building 3 Out Building Improvements Subtotal: $100,562 $8,1 Total Property Value $236,687 $18,1 Building Details Account#: R5438186 Parcel#: 131130100 Qwners Name&Address: Property Address: PATTON ROY C&MARGARET D& Street: 7639 15 CR 7639 WELD CO RD 15 City: WELD FORT LUPTON, CO 80621 Building# Pr pertyJype 1 Residential Individual Built As Detail Built As: Modular Year Built: 1971 Exterior: Frame Aluminum HVAC: Forced Air Interior Finish: Drywall Built As SQ Ft: 1440 #of Baths: 2 Roof Type: #of Bdrms: 3 Roof Cover: Composition Shingle http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=131130100024&acct... 04/28/2' Identify Results Page 2 of #of Stories: 1 Rooms: 5 Units: 0 Garge: Attached SQ Ft: 528 Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R5438186 Parcel#: 131130100C Owners Name&Address: Property Address: PATTON ROY C&MARGARET D& Street: 7639 15 CR 7639 WELD CO RD 15 City: WELD FORT LUPTON, CO 80621 Building# Property Type 2 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1986 Exterior: Pole Frame Metal Siding HVAC: None Interior Finish: Built As SQ Ft: 684 #of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: #of Stories: 1 Rooms: 0 Units: - 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R5438186 Parcel#: 131130100( Owners Name &Address: Prope!Iy Address: PATTON ROY C&MARGARET D & Street: 7639 15 CR 7639 WELD CO RD 15 City: WELD FORT LUPTON, CO 80621 Building# Property Type 3 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1990 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 576 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps.merrick.com/Website/W e1d/setSgl.asp?cmd=QUERY&DET=PP&pin=131130100024&acct... 04/28/2( A / o • • I • ; VI Notice of Inquiry W IWillie Development within an Intergovernmental Agreement Urban Growth Boundary COLORADO Date of Inquiry: 9 I 3..<1 (O'j Planner: (-4 Alt I4 Town Referred to: h S,R N_ Ordinance #: ICI'2 - t 0 Ai,,-�,,, Name of Person Inquiring: 1,-,if Ai .,c C �.� I` (7' -- -7-4-A TEtii Legal Description: W' r" t Hi C Legal Parcel#: er.vE 4 30-2_-6) Property Owner Major Crossroads: ` r °° 4 P YQp� t �t/1,(,�//-�'��h2cT'r gent),"Ur, L2 1'1 r�7An^/T Type of Inquiry: Usrc ISy sp EclAt (:u..Lr ,4...te-.., ,4-,e-dr t� n“:1-,--c.c.A,., n“:1-, �� ✓'e a d The above person inquired about developing a parcel of land inside your designated intergovernmental agreemen urban growth boundary. This person has been referred to your community by Weld County Planning to discus development options on this site. Weld County Comments: /�' .., n..-> (s Cr j%7,.:. 1. (c -Co,._^-*,s I Z A N-z NA,^s Cni- A.4 6t, .aTT.,e, Alt.4, P J.� A Ao.o A.., Aan ,ri,.,.t-c._ l " )c td cI 7 t; Slee .71,2 — - E K, - cis L — (757 3 , (C r el (V�n �i.. Akre, p --. 74A.E^4.'? �h%, iiie„ -t;... /.vgwnj= - 1` ' rLt! ' E .,./-mac nyr ,�,1 -We Town/City Comments: TD I ,�/ TY Wo 14� WO 1 f d tr t o wE vviu, t 'T'tte_ C _wow 1 w MD afil nit Az- /I 1_ /5 r' D, ❑ Platteville, Dacono, Firestone and Frederick Intergovernmental Agreement: If the person applies to Weld County to develop the parcel, the Town/City of desires to have Weld County require a binding annexation agreement between the person and the Town/City of , which requires the person tc annex the parcel t, the Town/City upon thin terms and cnnditinnc stated in the agreement, ❑ Mead, Kersey, Milliken, LaSalle, Fort Lupton, and Dacono/Erie Intergovernmental Agreements: Has the persor petitioned for the parcel to be annexed to the Town/City of -__ ? If so, what is the status of the petition? If not, does the Town/City of desire to have the person petition for annexation, or may the person apply to Weld County to develop the parcel without first petitioning to the Town/City of for annexation? Comments: c____:_____. ice cc...it., :-/iL„tr Signature f Weld County Planner s g ture of Town/City�RepresentaIti[v�e SKtr6. iCC I !R- /'& White copy:Applicant; Yellow copy: Town/City;Pink Copy: Weld County It is the applicant's responsibility to return the completed form to Weld County. +Weld County Planning Department +1555 N. 17th Avenue, Gre:ley,CO 80631 +(970)353-6100, Ext.3540)+ (970)304-6498 Fax Notice of Inquiry WILD o Development within an Intergovernmental Agreement Urban Growth Boundary COLORADO Date of Inquiry: %/1 1(2-(,.,j Planner Town Referred to: :z ,r, . Ordinance #: !Cl _ 71 gin_, r Name of Person Inquiring - Legal Description: 1-i7 Legal Parcel#: - c 7 Property Owner. Major Crossroads: A Type of Inquiry: The above person inquired about developing a parcel of land inside your designated intergovernmental agreement urban growth boundary. This person has been referred to your community by Weld County Planning to discuss development options on this site. Weld County Comments: /-:);,, �„1= l., 1�_•h ,�, _, L o C !.) A Nf„ a Y�. n A,' f♦o - Lc C . .n i.-r ��' trrif U.; Town/City Comments: o Platteville, Dacono, Firestone and Frederick Intergovernmental Agreement: If the person applies to Weld County to develop the parcel, the Town/City of desires to have Weld County require a binding annexation agreement between the person and the Town/City of , which requires the person to annex the parcel to the Town/City upon the terms and conditions stated in the agreement. o Mead, Kersey, Milliken, LaSalle, Fort Lupton, and Dacono/Erie Intergovernmental Agreements: Has the person petitioned for the parcel to be annexed to the Town/City of ? If so, what is the status of the petition? If not, does the Town/City of - desire to have the person petition for annexation, or may the person apply to Weld County to develop the-parcel without first petitioning to the Town/City of for annexation? Comments: • rs— Signature of Weld County Planner Signature of Town/City Representative White copy:Applicant; Yellow copy: Town/City; Pink Copy: Weld County It is the applicant's responsibility to return the completed form to Weld County. •:•Weld County Planning Department ;•1555 N. 17th Avenue, Greeley, CO 80631 :• (970)353-6100, Ext. 3540)•t•(970)304-6498 Fax • • Weld County Planning Departmer , A Notice of Inquiry GREELEY OFFICE "ilk t 2 8 2004 Development within an Intergovernmental Agreement Urban Growth Boundary RECEIVED COLORADO Date of Inquiry: 11/36'bb µ Planner T.IiATo4 Town Referred to: Ordinance#: I G1 '2.10 F�aP Name of Person Inquiring: �0rti+: V tosoN3 `tr-6• "TPc$4 Legal Description: L o-1 1-Rs— 1W) Legal Parcel#: p,.Ni' 3a-2- 67 ,311301000x4 Property Owner g41 + /V11 ayAetC Y PaT+upsi Major Crossroads: C2 IS * 5a"^',- Type of Inquiry: t)r Cy Ste-4,.-r Qc Q.e 1.1 An.,F.vOyw er N' 1- A+, e-, ,rr-n.y T-..,,I,'2 The above person inquired about developing a parcel of land inside your designated intergovernmental agreemen urban growth boundary. This person has been referred to your community by Weld County Planning to discus: development options on this site. pn Weld �County Comments. Aceit,crr t if E. e.ro^•{ t� Cu -Loon 1 2 A,. lNNAJ o- e r.s r,..6 /410.1.4 r0s.e' 14,40 0 lI 10'`,' Lo' C ✓..p#S •..T it,:,.—i. Cthir vri-iz,vu Q-112 1113. , /i'C ieleic t vv. t4,..i N11CtO 'f . &-n /h" r.'/Pc,c Pr:,4� O Town/City-.Comments: / Ail r�'' 'J / �S wirt///1 / 7cWtl U6 : pi-/-45, 6_. sem) co/v/7). r TIC /16 )4/F'/t 7/311 n- 17O'644— FC1C' i>JN l e xF dlE . 7 Hls F 7<'''/ t3E5 Nor /AFt <r 77- (...- -Too* /t)v1/..,5 v4P A 7i' -ler4 fDC TH'S 6.(, 4A/iv F'r4 MF-J $. Platteville, Dacono, Firestone and Frederick Inte ove mental Agreement: If the person applies to Weld Count to develop the parcel, the Town/City of fjk'?T0Z7E,, desires to hayeWeld County require a bindinc annexation agreement between the person and the Town/City of /! .'t.ri--',U t_... ,which requires the person tc annex the parcel to the Town/City upon the terms and conditions stated in the agreement. ❑ Mead, Kersey, Milliken, LaSalle, Fort Lupton, and Dacono/Erie Intergovernmental Agreements: Has the persot petitioned for the parcel to be annexed to the Town/City of ? If so, what is the status of the petition? If not, does the Town/City of desire to have the person petition for annexation, or may the person apply to Weld County to develop the parcel without first petitioning to the Toown//Ciityof for annexation? Comments: �� r� 11R`rc��--^-- t r " �� Signet re of Weld County Planner Signature of To ' R resentatiye Ttr/Nr4-A,tiIV" White copy:Applicant; Yellow copy: Town/City;Pink Copy: Weld County It is the applicant's responsibility to return the completed form to Weld County. +Weld County Planning Department )1555 N.17th Avenue,Greeley,CO 80631 +(970)353-6100,Ext.3540)+(970)304-6498 Fax DACONA/FREDRICK/FIRESTONE " = ail NEX'—'1; e . - : TETRA TECH , INC . ill MI CO-0679A ZONING DRAWINGS U TETRA TECH,INC. PROJECT TEAM -.4DRAWING INDEX EXISTING CONDITIONS APPROVALS PROJECT SUMMARY DESEH TEAM SITE OWNER-GROUND I.TEE UNDERSIGNED.CERTIFY THAT THE USES. E ROY C 8 MARGARET D.PATTON ZONING DRAWINGS BUILDINGS AND STRUCTURES LOCATED ON SITE ADDRESS �i POI!!R!N6/ LLR/VC THIS SITE PLAN REVIEW ARE DESIGNED AIN 7639 WELD al NTY ROAD S 7639 WCR IS ZT-I TITLE SI CET WILL BE CONSTRUCTED AND OPERATED IN FREDRICK.CO 80536 7-I SITE PLAN •- PI-ICNE: 303-833-2586 Z-2 ETLARGD SITE RAN ACCORDANCE WITH TFE APRICAI F FREDRICK CO 80503 E. Z-3 ELEVATIONS DEVELCPAENr STARDA-CI AND DISTRICT Z-4 DETAILED ELEVATIONS .,,, STATED 4 TIS FOR TFf W ZONE DISTRICT AS MICHAEL KOCH ARCHITECT LLC SITE OWNER-TOWER STATED IN TIE WELD Garry zaNING Z-5 PNTENIA DETAES 7 NORTH T NOBLE C e<FI Y N Z-6 FE COrfICNf1ATION CCLDI ITIO'S IIM'O )BG ACCORDANCE WITH OF CODE BLOCK •�, BOTFELL WA 98011 .. en PITY COMMISSIONERS AT ME TIRE RE a" '•`..•""' SITE LOCATION 7639 WELD COWRY ROAD CONTACT: LAURA GIESS PROPERTY WAS ZCfED OR REZONED. I FFCNE: 425-825-0018 UNDERSTAND MY FAILURE TO COARY WITH IS FREDRICK CO 80503 SYMBOL KEY T1E DEVELCFMENr STANDARDS AND/OR ANY LATITUDE: 40-06-45.7 CONDITIONS IN C TEE COMP/ TE APPLICANT AGENT INITIA ILaa TICN AGAINST A£ LONGITUDE) 104-55-262 TETRA TECH 333 SOUTH INNEFPESS DRIVE I^ 7 Gr7CUD ELEVATION 5170 EN GLEWOOD.CO 80112 I CONTACT: DENISE C GIBBONS J JURISDICTION WED COUNTY PHOE: 303-598-0229 SIGNA RE OF PROPERTY OWNER CETI&TAD A62 TEE FOREGOING INSTRUMENT WAS ZONING DESIGNATION A APPLICANT FTPSCAgIBED MO SWORI To BEFORE NE (LIRA TECFI ON 997 UBC 333 SOUTH INVERNESS DRIVE wNL mE J .39.1) BY DAB Al BUILDING Gam' 1996 NEC ENIEWOOD.CO 8012 CONTACT: DENISE C GIBBONS LI -- 'F PHOND 303 598-0229 t WITNESS MY HAND ADD OFFICIAL GF41 _ PROPOSED TEER--O OCCUPANCY: UW2 49.me.e w.�.. £ r .-_ .. .— MANNED TELFPECNE EW IPAENi NC VIAL.RECTO, 0 �0� J ' .3•+ ' MY COMMISSION EXPIFES 'IDs ANITENJN mew IFM.,��a BOEOER nE..r. reaw. .. - m—rR ME xm,crxo CONSTRUCTION MANAGER 4 A<.I A42 _ DENISE C. GIBBONS %; WATER SUPPLY: NONE FRC ECT PFCFMATICH TETRA TECH _ Notary Public WASTE WATER NOW _ 4 .. 333 4/11TH IN ERtSS DRIVE She of Colorado CO-0679A ENCLEWOCO.CO 8012 CETAL KEY e .." '. ELECTRICAL SERVICE PROVIDER OWEST CONTACT: THIA HALPERT NE TELEPEC SERVICE PROVIDER:xca DAC0NA/FREDRICK/FIREST0N BONE 303-435-2235 EIEVATKN MARL FHST5-Fr � �`"^'' 7639 WELD CO RD 15 NOTARY RELIC FREDRICK,CO 80503 PROPOSED PROJECT INCLUDES MU BURR O THIS PLAT IS ACCEPTED AND REPROVED FOR CO-LOCATION ON TOWEf DESIGN TEAM FILING 11 THE INSTALLATION OF PROPOSED VICINITY MAP PARTSEQUIPMENT SHELTER AND ALL ASSOCIATED NEW SHELTER DOOR FAMES ® ARCHITECT soT aEVATIa 9raf SNenynn Cir 0 TTE INSTALLATION CF PROPOSED FE.NCE FEY DATE 'mix H ARCHITECT.HI MICHAEL KOCTECT.LLC NOTE GREEK'CITE vm n:al''na R^:+ G,an Ave DIRECTOR CF PLANNING SERVICES AROUND PROPOSED LEASE AREA TO MATCH .m I 04/14/04/14/04 zaw+ 907 GE_ SNfHI ea.k E%ISTPG FENCE DENVER CO 80206 as P)303-780-7850 akescH 't x s 0-1 303-780-7850 3) CO-LOCATION CF PROPOSED ANTENNAS m ON EXISTING MCNOPOLE C N MEKOCHARCHITECT.CCM E SITE FE ENGINEER DATE Q F stone 4) INSTALL PROPOSED ELECTRICAL MD IfERCTE ELECTRICAL ENGINEER / TELEPHONE SERVICE COAXIAL CABLES.NC A a ` FROG —X X — Berwick Ave * RF MANAGER DATE GROUNDING SYSTEM let net \ EG ROWERa 922 WASHINGTON AVEN,E Ta&lDIEIO OICMCE —T T _ of t/n-0 SUITE 100 UEBSECOO aECTimx —UG UG N ',came Ave ,c /S WIDEN CO.80401 G% €AD ELECTRICAL —OH OH — SITE ACOIIISITION DATE t '��y� P)720-533-4850 GROMgc aEOTROCE —GEC—GEC— As a St E A-...\--?' in - - in 720-533-4851 CHCOO _ ,, / CONTACT:ERIC GROMCO COAX EaE4.eTr —G RE COAX G B '' a N SITE MAwGfR DATE LEGAL DESCRIPTION Ira 4 MECHANICAL ENGINEER NEVI H o Warwick SI SEE S MET 1-I FOR LEGAL ❑ 4 KC3C EG POWER IXEIM 0 - CONSTRUCTION PROJECT MANAGER DATE DESCRIPTION r ' 922 WASHINGTON AVENLE FAOW HH 5 SUITE 100 R3oCATE OU (P)GO 2�os�dao DI TMICH DDIRECTIONS TO SITE COt JCTIONMaNA R DA E E)720-533-4851 PNfi90A3D IS • . ` CONTACT:ERIC GROW() AETeI l `\. ® OPERATIONS MANAGER DATE �i- %ITGEOUDHC TITLE SHE'S ,i-2' ' CIVIL ENGINEER GR0L4O Fm ig From Nextel Offices in Denver -25 North to the '- FACILITIES MANAGER DATE FREDERICK LAND SURVEYING POWERFC1E O„ Fredrick/Firestone Exit *235. Turn right (East) and follow to 6844 NORTH FRA.I4CLIN AVE SHEET WEERWEERLOVELAND.CO 80538 CR 15 and turn left (North). Site is located on West side of PI 970-669-2190 CR 15 PROPERTY OWNER DATE II)970-669-3725 CONTACT:BRYAN SI-CRT - 1 LEGAL DESCRIPTION p A A -A • oA -A -A -A A -A -A -A -A -A -A A EA5EMN DESCRIPTION ZONING DRAWINGS \ � AN 200 FOOT WIDE EASEMENT LOCATED IN TEE NMI-EAST V4 CF SECTION 30.TOWNSHIP 5 NORTH NOT FOR CONSTRUCTION NEXT :mi= RANCf 67 WEST CF TEE 6TH PRINICIPAL ACOLORADO. EIDIAN WELD COUNTY.STATE OF LYING 6.00I ` it L ova GATE I ON BOTH SIDES OF TIE FOLLOWING DESCRIBED CENTE41E. = 1 COMMENCING AT TEE NORTHEAST CORER OF TEE NOR-BEAST V4 SECTION 30,TOWNSHIP 5 NORTH RANEE 67 WEST OF TEE 6TH PRINICIPAL MERIDIAN MELD CDINTY,STATE a COLORADO.THENCE RN 930129471 ALONG TIE EAST LIE Of SAID NORTHEAST V4 CF SECTION 30 FOR A DISTANCE CF I w TETRA TECH,INC, 1467(0 FEET; o TI-BC 689158'11W.FOR A DISTANCE CF 30.00 FEE_TO A POINT ON TIE WEST RIGHT-OF-WAY LINE I CF WELD COUNTY ROAD 15.SAD POINT ALSO BEING T-E NORTHEAST CORNER CF TEE PARENTI I PROPERTY: COIGN _ -_.. THENCE RLN S00129471 ALONG SAID WEST RIO-IT-CF-WAY LIFE MD TEE EAST LINE OF SAID PARENT oTEUI PROPERTY FOR A DISTANCE OF 26017 FEET TO THE FONT OF BEGINNING TERICE RN LEAVING SAID WEST RIGFF-CF-WAY LIFE MD SAID EAST LIFE RUN S93'OO'OOW FOR A DISTANCE CF 34.67 FEET TO xEi TEE POINT: /� PDX ER L\G/V.LR/\G flea N56.1836W FOR A DISTANCE CF 2684 FEET: I o V TFEICE S90'00'00W FOR A DISTANCE CF 932 FEET TO TEE POINT CF TERMINATION x CONTAINING 875 SOUARE FEET.MORE OR I F°,&AND BEING SLEECT TO ANY EASEMNTS OR RIG-ITS I CF WAY CF FECORD. i o I MICHAEL KOCH,ARCHITECT LLC I EASE PARCEL DESCRIPTION Ts„, A PARCEL CF LAND LOCATED IN TEE NORTHEAST V4 CF SECTION 30.TO MISHP 5 NORTH RANGE 67 x ,,, „«,� WEST CF THE 6TH PRINICIPAL MERIDIAN WELD COUNTY.STATE CF COLORADO.MORE PARTICULARLYI I ` DESCRIBED AS FOLLOWS or PASTURE LAM CO,teCING AT TEE NORTHEAST CORER CF TEE NORHEAST V4 SECTION 30.TOWNSHIP 5 NORM I RANGE 67 WEST CF TEE 6TH PRINICIPAL MERIDIAN WELD CO NTY.STATE CF COLORADO THENCE RN i S00'28'47E ALONG TEE EAST LINE CF SAID NORTHEAST V4 CF SECTION 30 FOR A DISTANCE CF 1467.00 0 FEET, TI- CE 589158'11W FOR A DISTANCE CF 30.00 FEET TO A PONT ON TEE WEST RIO-if-CF-WAY LINE CF WELD COUNTY ROAD 15.SAID POINT ALSO BENG T}f NORTHEAST CORER OF TEE PARENT PROPERTY: LI THENCE RN SOO'2S47E ALONG SAID WEST RI-IT-0F-WAY LINE MD T1E EAST LIFE CF SAID PARENT a I PROPERTY FORA DISTANCE CF 260.77 HEE I: p THENCE RN LEAVING SAID WEST RIGHT-CF-WAY LINE AND SAID EAST LINE RLN S90'0Y0GW FOR A a DISTANCE CF 60.78 FEET: I cc TI-NNCE FUO'00'00W FOR A DISTANCE CF 6.00 FEET, o I >- THENCE 59010000W FOR A DISTANCE CF 72 FEET TO THE POINT CF BEGINNING THENCE 590'(1000'W FOR A DISTANCE CF 30(0 FEET, X -x x X THENCE N00'00'OOW FOR A DISTANCE CF 2'0.00 FIT: I x pU THENCE N90'0000'E FORA DISTANCE CF 30(0 FEEI; o RICE TF$C SGXI'000OE FOR A DISTANCE CF 20.00 FEET TO THE FONT CF BEGINNING. = I 3 were � .� e CONTAINING 600 SCUAFC FEET,MORE OR LESS.AND BEING SIRFCT TO ANY EASEENTS OR RIG-ITS OF I _ MKT�° WAY CF RECORD. w x FENCED AREA o 4.I CO-0679A \ I DAC0NA FREDRICK FIREST0NI o PROPOSED 6-0'CHAIN LW FENCE I 7639 W ELD CO RD 15 f FENCE a% / WITH 3 STRAND FYfi®WFE ssEOLwNG LEASE nEA FREDRICK,CO 80503 PROPOSED 10-0'x20-0'CANGETE x \ / o k sae m PLASTIC CO-LOCATION ON TOWER 1 aV GATE I MITE $ mvuG E� NNCE NEW SHELTER DWED FoaTh Oit / >6M�1®FN %X m I Li % x -X x % x -X /}...c,w m QQ ACCESS EAB,9R \ !EV N,,E 69E u�E AMM WIN UG UG UG UG a---UG TUf.�Uyx UGx ll % —% —X I OIM,OI zMlp {PRUNE RTN� FEICE zN+n RIP 0E 0 ��I ma m lflBW FE BOX—'4 11/1 VA- 4 AL AL\ x } aU C COL / r N90'GU00E I ��157"."'..3/4NNEC09r, �l PLASTIC NhiITE FRJCE ��I� /� �w/LEASE PARCELLLL I \\\... 11` `III x G7re ≥_.1/ s 3'x ES 8 I L7 f ACCESS' a-0 GATE G OOi-=/ ' • � EASENENT �II ��I,`IS90'(x700W 337 \\ ` Y. ,x • mm N00'0000W 6) �1�� (S70'WWw Eel -m GATE TO MAN HINT ACCESS ROAD ID l'-0•ACCESS WOODED AREA X UG uc uc US EASEMENT \ HEIGHT 50' —x x x x —x —x —x —X —X OVERAl.lS 0 FENCE (E)TELEPHONE BOX [ I LEI MONOPOLE - 60'-0' N HOUSE NOTE OWNER HAS MODIFIED LEASE 2 l ENLARGED LEASE PARCEL 1 SITE PLAN PARCEL SIZE FROM 30'X20 TO 33X165 AS J Z-1 SCALE: I' - 20'-o' xzINDICATED. Z-T SCALE: 3/32' - I'-0' - 1 • a �� ZONING DRAWINGS NOT FOR CONSTRUCTION OTETRA TECH,INC. / DESIGN TEMA x L / 1i�1 /'OIII N h\GI\, R/VG x v / MICHAEL KOCH,ARCHITECT LLC N ),- / PROPOSED 0-0•CHAIN LIN< 3 FENCE WITH 3 STRAND BARBED WIRE SURROUNDING LEASE '\ Z-4 P x AREA S•MAX POST SPACING / x x x x x x x X % x X %\ x x T-0 / F-0. ;; Owaisin x \ \ rt / >< m N 10._7X20.-0• CEN PORT M PREFABRICATED ❑ q'-0• \ .EPAIMMNOWITINWIENLCOC_ tIMY j 2 SHELTER TTT f 4 mm s,'®,RXre.; ""w"''�"""°' Z-4 \ \ \ ` Z-4 NP0.ECT NORIAli R x ip AIR CONDITIONING / UNIT O-069A q / DAC0NAIFREDRICUIREST0NI } 7639 WELD CO RD 15 ).------ / / \ >< FREDRICK,CO 80503 nin-----)\ \ } CO-LOCATION ON TOWEF /+ r\ I O \ ^ \ / t2'-0*GATE NEW SHELTER + + PORT TELCOM ENTRY I TE STOOP FEY DATE + \ Z-4CELE A. to ii . I 04/ l ZLlN3 /.F X X X X X XX x X -�x X X X ° X X X X $%X x x \ % kg + /+ /+ �+ ICE BRIDGE DRAWN ��11EE(( • + 1( CL1. EOUIPNENT x CONCRETE PAD T MOBILE V. A--.. + s' gLEis?.r'. _T MOBILE (�.Q C C E /+ ELECTRIC NETER a ,-, ,.5:. . I. .034;:- � -UG UG /UNc / UG UG —UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG UG uG UG UG UG V G xz xx xz zx xx xx zx xz—xx X xz—x% xx—zx X X—X X X X X X X X zz--I--x x x x x — **St �,�� ,-"", ENLARGED _PLAN MEET IDLER N - I ENLARGED SITE PLAN Z-2 Z-2 SCALE: 1/Y - 1'-0' ZONING DRAWINGS NOT FOR CONSTRUCTION � ��_ IrLI TETRA TECH,INC. (E) T MOBILE ANTENNA AT 147' ,`yI 0 (E) MICROWAVE DISHES 06904 TEAM r_\ _ TO BE RELOCATED TO LOWER HEIGHT EG POWER.ENGINEERLVG ROPOSED 4' NEXTEL ANTENNA ARRAY (12 ANTENNAS: 9 MICHAEL KOCH,ARCHITECT LLC CURRENT AND 3 FUTURE) AT 140' E) STEEL MONOPOLE �a`C, ,'� 1,3 0 0 m.Es,R Ninalet v o maJECT.Eaas x. I I o CO-0679A z z DACO NAIF REDR C KIFI RESTON z z 7639 WELD CO RD 15 a ¢ FREDRICK,CO 80503 CO-LOCATION ON TOWEF cow 0 • a NEW SHELTER 0 0 ¢ ¢ a a rfv DATE snE G.P.S. ANTENNAS I 01/11/04za«R (TOTAL OF TWO (2)) 24" OR 36" WIDE, GALVANIZED "GRIP STRUT" WAVE GUIDE BRIDGE IHA SUPPORTED BY GALV. STEEL POST r BEYOND ` 3 1;T-- 10' X 20' PREFABRICATED IVIICHAEL SHELTER, APPROX 10' HIGH K0CH SIX FOOT HIGH CHAIN LINK FENCE dap; WITH 3 STRANDS OF CLASS III BARBED WIRE (E) FENCE ! / TOWER ELEVATION Sir H..3I EAST ELEVATION C 1 ) 7-� NORTH ELEVATION \Z-3/ SCALE: 1/16' 1'-0' Z-3 SCALE: 1/16' = 1'-0' ` ZONING DRAWINGS ��/ NOT FOR CONSTRUCTION NEX UTETRA TECH.INC. GPS ANTENNA CESFN TEMA GPS ANTENNA -(TYP OF 2) r (TYP OF 2) \ \ E range ENCINLERIVG l) ENTRANCE E CANOPY MICHAEL KOCH,ARCHITECT LLC EXTERIOR LIGHT I I HVAC UNIT Imo, o ...T.-... / PROPOSED 10'-0' AC„ o - X 20' 0' ED o ( O _PROPOSED 10' 0' EQUIPMENT X 20'-0' SHELTER - EQUIPMENT QI GENERATOR / TELCO PORT SHELTER WITH PORT r/ - AGGREGATE FINISH SHELTER _Nr V FOUNDATION ar \ -\ - SHELTER FOUNDATION Pars'""4"'"umnt"e"" 4 I' 4 EAST ELEVATION ( 3 NORTH ELEVATION """@'"°� �� RO CT N'gWMT1 Z- SCALE: 1/2' - -0' Z-4 SCALE: 1/2' = 1'-0' CO-0679A DACO NNFRE DRI CKIFI R ESTON 7639 WELD CO RD 15 FREDRICK,CO 80503 �/ GPS ANTENNA CO-LOCATION ON TOWEF f GPS ANTENNA (TYP OF 2) NEW SHELTER (TYP OF 2) \ \ FR DUE ISS.E = I 0444/04 ZRW a / HVAC UNITACV 7' HVAC UNIT DRAWN BY - OFFICIO)BY Acu e `4 C)Ft CO 0 0 0 -PROPOSED 10'-0' /s.....- PROPOSED 10'-0' �� X 20'-0- //\�� ,� X 20'-0- SHELTER EQUIPMENT 1':;'rCCi'�V` - EQUIPMENT * KOCH SHELTER _ SHELTER SHELTER li \ \ V FOUNDATION --\ �� FOUNDATION \CC t o WEST ELEVATION 1 SOUTH ELEVATION SHELTER tL�vAfIUNs \...3-4. SCALE: 1/2' = I'-o' Z-4 SCALE: 1/2' - 1.-0- MEET RAM Z-4 ZONING DRAWINGS ALL MATERIALS USED FOR WAVE GUIDE ` ■ BRIDGE TP BE HOT DIPPED GALVANIZED. NOT FOR CONSTRUCTION /Y I ".. ALL FIELD CUTS OR DRILLED OPENINGS TO ■- BE IMMEDIATELY RESENLED WITH COLD GALVANIZED COMPOUND. METAL PIPE CAP _'SUPPORT ARM ANGLE �_I TETRA TECH.INC. 2-1/2"x 2-1/2'x 3/16" .,�Tili •,-, BOLT 5/8 DIA x 1-3/4" al � LONG W/LOCK WASHERS NOTES: SECTOR INFO. I.COLOR MIRK AT TOP '°"' .-AIAIAIAIwAI. JUST ABOIE GROUND BT, I-vco. FOR COLOR CODE - EAIAIAI�� —3/8' DIA. J-BOLT 3-AIDE TO DE WARE mal I DESIGN TEMA THE GROUND 2-BWE SEE DETAIL THIS SHEET SUPPORT ARM ANGLE i Caw WM AT 801Tw 3_AIu1E �+ - 5"x 3"x 1/4" a Caw MARX INSIDE BLDG •_RED E�T PORER LAGl�/LNIYG , , ,.... . ." ." Y WAVEGUIDE BRIDGE l7 HANGER KIT (SIMILAR TO ANDREWS #349047-1) COAX CABLE SIZE TO BE ' AT 36" O.C. MAX. DETERMINED BY R.F. ANTENNA WITH 7/16 ENGINEER 4" O.D. PIPE (SCH 40) DIN CONNECTOR MICHAEL KOCH,ARCHITECT LLC 4,LvALL 0,44- TOP OF GRAVEL 18" DIA. ROUND 4�7/16 DIN MALE yono ' FOUNDATION J 1/2 LOF JUMPER CABLE 0.. :AI"} �.• FINISH GRADE 6 FT. MAXIMUM •_ '1; 7/16 DIN MALE E �I.II.II:II.�I.II�=I I.!I.ILiI.IIaIII=1.l MIRAFI 7/16 DIN FEMALE 1.=II=II=II- "II=II=IL I 500X FABRIC N—MALE .II=11n1 �=11-11= —II—I- I II=II= POLYPHASER COAX CABLE L�LIIR DEVICE u �= R= TO BE DETERMINED 1i BY COAX CABLE SIZE J N—FEMALE BOOTED WALL FEED 1 1B' I "N" FEMALE SILVER PLATED Z- TYPICAL WAVE BRIDGE DETAIL 2 TYPICAL ANTENNA SYSTEM D C AIR�� 5 SCALE: NONE Z-5 SCALE: NONE 1wrxne WONT a RE Misr.eE N( PR LECT NFM.NTICH CO-0679A DAC0NANFRE DRI CIQFI REST0N I 7639 WELD CO RD 15 FREDRICK,CO 80503 CO-LOCATION ON TOWEF NEW SHELTER FEY DATE ESE I 04/W04 ZCNNJ 2 I/2' GA'V.PIPE SUPPORT AS REQUIRED ECUIPIIENT GRANARY BORLAND EPDXY NUTS TO Agl BOLTS (—) U i O IEAL&CAULK ADJUSTABLE (\ . �'°a f, ROUND PULL BOX BY —TELCO BOARD DOWNTILT BRACKET A ENERAL CONTRACTOR Y O. Yc CONDUIT IN THE SHELTER SECURE CABLES NEEDS TO BE SEALED F q _ d1 BOTH ENDS AFTER WITH E C Cr} ,.,1{p TELCO ONE IS INSTALLED. COATED SS TIE {4?1' ' .f1^ CONDUIT AT AU€ ENO SHALL BE HEATHER SEALED WRAPS 1 I{T Ci cS-: EQUIVALENT. AEATHDiHEAD OR d/`s 0 DIA. PVC CONDUIT EWIVALENT. DIRECTIONAL E DIED 40 SUPPLY AND PANEL ANTENNATR ASTALL BY CONACTOR T FINISH FLOOR INISHED GRADE \N � i'. �i(/l EDGE 6 FDUNDAl10N ( \ II ANTEN S CONDUIT BY GC SHEET HAHA 9 TELCO SERVICE DETAIL 1 ANTENNA MOUNTING DETAIL Z-.5 c-5 SCALE: NONE Z-5 SCALE: NONE RFSITI`..CQNFIGURA7IQN FORM — -- RF e • NEXTEL.D ne. DATA . . . Yt�AIwtF, 3 .. .. • _ I i= G 12', TYP C N a_ *• Sit.ILrj CO0874 •Benign E*.lnee:JoM Donohue .. Pielinif•ii ,:on 011 atlon Oat.: . 3R2900i - - - SeattiRYlN Name:! DaconO .., Zonleq Prawl,g sinned Date: 10e O• NOT FOR CONSTRUCTION ZONING DRAWINGS TRUE Calnaee Nam gle: T-Mobile Tower ., - Iath de n 4)645 on• . Meal C lmati. D. WW: 1170 NORTH .i_i.: CCNtMlsle.L*Igiq A Lou911011,: 1045646 .. FAA:FCC Sudtnined: 1e>D MAGNL�IC 'r::.,:': .,.i.'Bul Type: BTC :.,;t. : AMSL: 5)22 FlwalDiawirlys App,nvaIDrte MC NORTH TETRA TECH.INC. 86114 UDC 2005 t 1ea1 EBTS Rsvialwi Date: t � U ' SRiuirinTygr Manryol.Cubcatiea I "`� I li I B\ I W G 3 4 4 4ii- : Antenna Section SECTORI '1.1.4:r -Cf,:r OR3 i • • t . . .. Cotion ail en She Ar.-piaace ti�:ntilmani�u sno 4cc..pt:uice ;.tt I!Prl.lir:n S:,,.:::.�pt.usce p^�j D�ENI TFAN 4zhrmA a 100 — _ • i • III G 'II R App....I Ank nna 1444.1E edei AL 11314313 ALE1K6517 "i' s GEwaFOIl'ER FI SLERLYG pear Heeler 11335 14419 .t , i • III w II B a ., Nue.Approved Antenna N A NIA N- .. :f ^'.•.••: --•.•� Sol Antennas 3 1 t __.`.-- f COLOR KEY Bw boo [{Et rasa At T1LT 3 i 240 ill 2v MICHAEL KOCH.ARCHITECT LLC — ... _.....__._._._. R - RED .... MEU'HAMIt:ALTR.T 3 a , •.i w — WHITE s.nra,..xr..�. .r 36L� B - BLUE MN GOWN.w� i.,reeoe A,rartnae Rad Cann 140 146 f WI _ .. IN R II 0 Y - YELLOW (Des) M.M.w.c,11,,n c.n Anaaaa Tip Ne O, 142 142 142 ,-'Aretasea HaiizenitI Beamwidih 64 60 t;(1 fain 13 Ii I; 3; '.:.:. Alarm Lebew Onto 4 4 r • .. • — ..... t. Stealth Cur N yes.dlaa.tar I I-:, Mechanical Titt Brackets ALWAYS Required COAX PORT ASSIGNMENTS INSIDE E PM H,:. .. ....:' M FROM as ENr � EL ) EWER ROOt4 5 TER EBTS Section . . :' -.I SEC•ri,R1 I ,1.,.Lt. . st•.I,,r3 t minim allot' Site Acceptance re Mitre aiau i410 optaaca ::elitpu.iII•:n ,. Cabbie!Sip '117k20 o O o I,YI coo.i:ablelenryMOM 155' Ur 05' I CoaR 51:e T.8' T8' ;x. 0 000 I W I B C ALPHA SECTOR System Return Less Wein Ant.Sweep C alc4 TOP Iota ID II BETA SECTOR a ORG,>Q,.e®a oe¢®Winn it artia p of Quails I 1 ALLOW/KS No Minix wink comic, ,m Teta Fregc ea Alt 3 { POT II R II W II B II G COWIN CI to IVOR et ND WNW rf Leyasies d Type _.__ _... PROSGT INT MA1101 sow ei TOW) 2 .10W ' 10ri . l W III R III W CID III C GALINA SECTOR BR Ciline Position OR type Cmnbinet Type BP.Cab in et PesiUon BR Type Combiner Type BIT taMl.t Potk GRIMMRIMMian I BR Type .e Type CO-(16791 BR I-1 IO Wan BR ,..a 3:lal BR 3 I 4o Wan BR G.d 3.1.-1 BR 91 iO Waft BR Mal 1:141 DACONNFREDRICK/FIRESTON ORI2 :1 40 Watt BR tiaei3RI BR:.l.2 10 Wart BR 'jell 3:1.1 BP,52 10 Wan BR 4sul3:1 V 11 7639 WELD CO RD 15 C BR1.3 Quad BR Biwa left Ark all BR3.3 Ouad BR Deauimo An,ann:, BR 5-3 Goad BR Oh pet kw Atilt nin 4o BR 1-I BR 34 BR 53 - 7 BR 14 BR3-S r BR 5.Vi 5 FREDRICK,CO 80503 C BR 14 BR 34 Bliss CO-LOCATION ON TOWEE •_ ER BR BR — NEW SHELTER L e BR 2.2 Y BR 4-2 �- BR 6-2 ~ E BR 2-1_ _.. BR 4.3 _ BR6-3 U BR2a BR 44! I BR 6a REV DATE MILE BR I.`, BR 4-5 BR 64 I ---. BP.2� I BR 44 BR 04 1 I 011101 ZONE 1 Special Requirements SECTOR I • . .. SE?T•tp 2 - kit:r+:f t CotrfiyaMINI She Acceptance I:.nfignt-ttiol site i.,,eptauee ',ndiyuirtF.n lit. .fl.1lb u TTAs or LhAs Required? No eio lio ORaM I'lar,Melt W&Approrsti'i tti I A1atr%'if the arloi will u..TTAs I r o. tt TTAs Installed.make sure the Polyphasors ordered can pass DC!! A. • '< Qt.1.:-,•i F a:t nit et1' — . ,..::xi.,:,•L:ptet•.I' x., 7 T_ —_ 1 o— M CHAFI-. F. .rL n.:, Fiber SectorleiRequired? w No r:c _ ^t 4 Tat ttr: ,{u a N d>Ira .I. __I. I -- T— . t4 s,r:X d Iris sa::o:udt be used 1::;:w rite 11,,L56,1 •\\ RE CONNIEN1S Special Requitement* �sliLE E RF CONFIGURATION Difference Between PI,R,n Config A Final Coldly: • I EellET RACER • SPECTRUMERGNEER1 Dead 1amrt RF Manager Datt III Gpno oa Z'6 Apptaral Dais:l 912-2/21304 Appr oval Dale: 312 nse4 NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday,January 4,2005,at 1:30 p.m.for the purpose of considering An amended Site Specific Development Plan and a Special Review permit for a Major Facility of a Public Utility(Co- location on an existing 150 foot Monopole Antenna Tower and the addition of an equipment shelter)in the A(Agrcultural)Zone District for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. CASE NUMBER:AmUSR1293 APPLICANT:Roy&Margaret Patton, Dawn Kanzler Go Denise Gibbons with Tetra Tech PLANNER:Jacqueline Hatch LEGAL DESCRIPTION:Lot B or RE- 147:Pt NE4 Section 30,T2N,R67W of the 6th P.M.,Weld County,Colorado. TYPE AND INTENSITY OF PROPOSED USE:An amended Site Specific Development Plan and a Special Review permit for a Major Facility of a Public Utility(Co-location on an existing 150 foot Monopole Antenna Tower and the addition of an equipment shelter)in the A (Agricultural)Zone District LOCATION:West of and adjacent to CR 15;approximately 1/4 mile south of CR 18. SIZE: 3.63+/-acres,more or less. The public hearing will be held in the Heanng Room,Weld County Planning Department,91810"Street,Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning,91810"Street, Greeley,Colorado 80631,before the above date or presented at the public hearing on January 4,2005 Copies of the application are available for public inspection in the Department of Planning Services,91810"Street, Greeley,Colorado 80631. Please call Voneen Macklin al(970)353-6100,Ext. 3540,or Fax#(970)304-6498,prior to the day of the hearing so that reasonable accommodations can be made if,in accordance with the Americans with Disabilities Act,you require special accommodations in order to participate in this hearing as a result of a disability. All cases scheduled before the Planning Commission for hearing are subject to continuance,due to lack of quorum or otherwise. Contact the Department of Planning Services at(970)353-6100, ext.3540,for hearng continuance information. Michael Miller.Chair Weld County Planning Commission To be published in the Foil Lupton Press. To be published one(1)time by December 18,2004. "�% Affidavit of Publication • NOTICE OF PUB HEAR-AMUSR-129• WC PLANNING STATE OF COLORADO County of Adams SS. I Karen Lambert of said County of Adams being duly sworn.say that I ant publisher of Fort Lupton Press that the same is a weekly newspaper of general circulation was NOTICE OF PUBLIC HEARING printed and published in the town of Fort Lu ton The Weld County Planning m Comission P will hold a public hewing on Tuesday, in said county and state that the notice of advertisement of which Jenuary4,2006,d1:30p.m.fortepurpole the annexed is a true copy has been published in said weekly of considering M amended Ste Specific newspaper for L consecutive weeks, that the notice was Development Plan and a Special Review published in the regular and entire issue of every number of said newspaper during the period and lime of publication of said notice permit for a Major Facility of a Public Utility and in the newspaper proper and not in a supplement thereof: that (Co-location on en existing 150 foot the first publication of said notice was contained in the issue of Monopole Antenna Tower and the addition of an equipment shelter) in the A said newspaper bearing the date of__4yggggA.D- (Agricultural)Zone District for the property and the last publication thereof,in the issue nfsaid newspaper. described below. Approval of the request bearing date. the 1a1Br 4 that the said may create avastetl property right pursuant to Colorado Law. CASE NUMBER:AmUSR1293 Fort Lupton Press APPLICANT:Roy&Margaret Paton,Dawn Kanter do Denise Gibbons wlih Terre Tech has been published continuously and uninterruptedly during the PLANNER:Jacqueline Hatch penod of at least fifty-two consecutive weeks next prior to the first LEGAL DESCRIPTION:Lot or RE 147;Pt issue thereof containing said notice or advertisement above referred NE4 Section 30, T2N,R67W of the 6th to: and that said newspaper was at the time of each of the P.M.,Weld County,Colorado. publications of said notice duly qualified for that purpose within TYPE AND INTENSITY OF PROPOSED the meaning of an act entitled. "An Act Concerning Legal Notices, Advertisements and Publications and the Fees of Printers and USE: An amended Site Specific Publishers thereof,and to Repeal all Acts and Parts of Acts in Development Plan and a Special Review Conflict with the Provisions of this Aa"approved April 7. 1921, permitter a Major Facility de Public Utility and all amendments thereof,and paniculady as amended by an act (Co-location on an existing 150 foot approved,March 30. 1923,and an act approved May 13. 1931. Monopole Antenna Tower and the addition of an equipment shelter) in the A (Agricultural)Zone District Karen Lambert LOCATION:West of and adjacent to CR 15;approximately 1/4 mile south ofCR 18. SIZE: 3.63+/-acres,more or less. Publisher The public hewing will be held in the Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Subscribed and sworn to before one this Colorado.Comments or objections raised .12118/2(104 A.D., to the above request should be submitted In writing to the Weld County Department of Planning, 918 10th Street, Greeley, lorado 80631,before the above date or presented e at el the publicpublichewing on January 4,2005 Copies of the application are available for public Inspection in the Department of Notary Public Planning Services,91810th Street Greeley, Colorado 80631. Please call Voneen Mauldin at(970)3536100 Ext.3540,or 139 NORTH MAIN Fax 4(970)304.6498,prlorto the day of the hearing sottatreasonableaccomnoiatlon8 can be made t,in accordance with the BRIGHTON, CO 80601 Amedramwft DlsabilitesAct,yourequlre special accommodations In order to participate In this hearing as a result of a disability. All cases scheduled before the Planning Commission for hearing are subjecttoaxenuance,dueto lack ofquorum or otherwise. Contact the Department of Planning Services at(970)3536100,ext. 3540,for hearing continuance information. <^BY`P e`_�:),,,�\ Weld Cl Miller,Chair Commission `I(JB-e\ Weld County Planning Q To be published In the Fort Lupton Prase, Ile. ` NIS``/� CI To be published one(1)time by December BOB JO 1 18,2004. ¼LO \ BOND.se",:-/El C,W ..,r of C • � • � 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 13 1 I - 30 - l - 0 0 - () ?. I-1 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Ass essor's Office,or www.co.weld.co.us). Legal Description Lo4 Pj 1v\ N E 1/4 o- , Section 30 , Township a North, Range (}West Flood Plain: nI/4 Zone District: t4G�__, Total Acreage: 3.(03 _ ,Overlay District W Ion- 'kW vitas; CC Geological Hazard: tJ 14 ,Airport Overlay District 1\1 14 FEE OW NER(S) OF THE PROPERTY: Name: QDy C- P&TTOv\ Work Phone# 5O3611e1 6%1 Home Phone# 503'333- 51 Email Address N ID— Ad dress: is3`1��ft City/State/Zip Code Fredenc.1:.1 CO VD 530 Name: Mar e-} Prc4Ov\ Work Phone #_vLP- Home Phone#3 i 8'5', b58Io Email Address0., Address: 2-to3 ( WCIR IS City/State/Zip Code reecler-itilt- CA) SD53O Name: bavwv\ S. ‘4pvltler Work Phone# vt la Home Phone# 303 R33 ?sit, Email Address Hit0., Address: TO &I WCt 1S City/State/Zip Code Erect e.rtck, CA 80_5 30 APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications sgned by Authorized Agent) Name:_ bClntse C. 6IIobcvts Work Phone #307, 5p1 Home Phone# 3031- 1-1.101,5 Email Address dC,1 dc -lVwideless. 4or't& Address:_31:6_ br. a. City/State/Zip Code npin,.100(1 CA ROllb- PROPOSED USE: 1 11 14M non-l-LVn-tas +D c x s-1-I1'161 - 1ecovVlVvtj Aica ttOKS o__‘oeA t o) 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. f� C. O 10"1`6-04 (sec 0.kk6 URRSe Tor owl/ter AµA..ont4 Signature:Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date -5- iMit) ,tment Weld County Planning GREEI.FY 0t`ICF NOV 01:30::C0 3 2004 Tetra Tech Communication Services RECEIVED 333 Inverness Drive South Englewood,CO 60112 November 2, 2004 Ms. Jacqueline Hatch Planner Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 RE: Re-Submittal for Nextel Collocation on Existing T-Mobile Monopole 7639 WCR, Frederick, CO Dear Ms. Hatch: Enclosed for your review and approval, please find enclosed the packet for Use By Special Review that was originally submitted to you on June 29, 2004. Nextel Communications is proposing to locate a total of 12 antennas (nine current, three for future use) on an existing T-Mobile Monopole located at 7639 WCR in Frederick, Colorado. Nextel will be placing the antennas at approximately 140-feet and will locate a pre-fabricated equipment shelter adjacent to the T-Mobile lease area. The equipment shelter will be 10' x 20' and placed in a lease area of approximately 550 square feet. Nextel Communications will not be exceeding the overall height of the monopole. On behalf of Nextel Communications I would like to thank you for reviewing the documents for this project. If you have any questions or concerns, please contact me directly at 303-598-0229. Regards, e - ', n Denise Gibbons Leasing/Zoning Manager Tetra Tech Communications For Nextel Communications Enc. i [-it) Tetra Tech Communication Services 333 Inverness Drive South Englewood,CO 80112 June 24,2004 Nextel Project CO-06 SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW(USR) QUESTIONNAIRE Project: Nextel Communications Collocation on Existing T-Mobile Monopole Applicant: Nextel Communications 333 Inverness Drive South Englewood,CO 80112 Applicant Representative: Tetra Tech, Inc. 333 Inverness Drive South Englewood,CO 80112 Attn: Denise Gibbons Phone: 303-598-0229 Fax: 303-721-3944 E-mail: gibbons@ttwireless.com Property Owner: Roy C. Patton,Margaret D.Patton,Dawn E.Kanzler 7639 WCR 15 Frederick, CO 80530 303-833-2586 Tower Owner: T-Mobile 19807 North Creek Parkway North Bothell,WA 98011 Site Address: 7639 WCR 15 Frederick,CO 80530 Parcel#: 131130100024 Lease Area: 550 square feet Current Zoning: Agricultural Explain,in detail,the proposed use of the property: Nextel Communications is proposing to the placement of antennas and a pre-fabricated equipment shelter at the existing T-Mobile Communications Facility at 7639 WCR in Frederick. Nextel is requesting approval for the placement of twelve antennas, (nine initially with the future placement of three for growth) at approximately 137-feet on the existing monopole. Nextel will also be placing supporting radio equipment within the pre-fabricated shelter on the ground adjacent to the structure. Nextel's ground space will take up approximately 550 square feet. The antennas to be placed on the monopole will not exceed the overall height of the structure. This facility will be unmanned. 2. Explain how this proposal is consistent with the intent of the Weld County Code,Chapter 22 (Comprehensive Plan): This proposal is consistent with the Weld County Comprehensive Plan in that the proposed installation is a co-location on an existing T-Mobile monopole. This facility is in an area of tremendous growth where there exists agricultural land, housing developments and future commercial development. Rather than seek approval for a new monopole in the area, Nextel Communications has chosen to pursue a co-location option that will limit the number of large structures in the area and still enable Nextel to provide the much needed mobile phone coverage in the towns of Frederick and Firestone and along the I-25 corridor. 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: In keeping with the Weld County Comprehensive Design Plan regarding Telecommunication Structures, Nextel Communications is seeking to collocate on an existing tower. In Section 23-4- 8L0.Preferred Commercial Tower facilities, Weld County lists Co-location on existing Commercial Towers as the preferred installation for new permanent Commercial Tower facilities, and it is the policy of Nextel Communications to pursue co-location as a first option when placing an antenna facility in any area. Nextel Communications will not be exceeding the height of the tower when placing antennas on this facility and the supporting equipment will be placed in a shed-like structure that will have an aggregate finish that will not be out of harmony with the surrounding area. By utilizing the existing T-Mobile monopole and achieving the height of 137-feet on this structure, the need for two installations will not be necessary to provide the coverage that this site will allow. 4. What type of uses surround the site? Explain how the proposed us is consistent and compatible with surrounding land uses. The existing site is surrounded by agricultural,residential and vacant land. The existing monopole was placed in approximately one-tenth of an acre with a Use By Special Review(USR). Nextel is seeking a USR for the placement of the proposed 240 square foot equipment shelter. This proposed use by Nextel Communications would be compatible with the surrounding land uses since the proposed installation will be similar to what is currently on the property and will not substantially modify the appearance of the existing monopole. 5. Describe in Detail the Following: a. How many people will use this site? This site will be an unmanned facility that will be accessed approximately once a month once construction has been complete. b. How many employees are proposed to be employed at this site? None,this will be an unmanned facility c. What are the hours of operation? This site will be operational 24 hours per day, 7 days a week. d. What type and how many structures will be erected on this site? There will be a pre-fabricated equipment shelter that will be built encompassing approximately 240 square feet. e. What type and how many animals,if any,will be on this site? There will be no animals associated with this site. f. What kind(type,size,weight)of vehicles will access this site and how often? A full-size truck will access the site approximately once a month after construction is complete. g. Who will provide fire protection to the site? This is not applicable to this site unless there is an emergency situation. In the event of an emergency situation the local fire department would be called to the site. h. What is the water source on the property? This is not applicable to this site as no water will be utilized. i. What is the sewage disposal system on the property? This is not applicable to this site as this is an unmanned facility. j. If storage or warehousing is proposed,what type of items will be stored? This is not applicable. There will be no warehousing at this site 6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a landscape plan map as part of the application submittal. At this time no landscaping is proposed at the site. Currently, the property is fenced and there are natural grasses on the land that is primarily used as a horse pasture. There is currently no landscaping in place by T-Mobile. 7. Explain any proposed reclamation procedures when termination of the Use By Special Review activity occurs. When the USR terminates,Nextel Communications will remove the equipment shelter at the site. Since the monopole is not owned by Nextel Communications, Nextel cannot be responsible for the removal of the structure. 8. Explain how the storm water drainage will be handled on the site. The drainage will be handled through the natural contours of the land that will be minimally disturbed during the construction process. 9. Explain how long it will take construct this site and when construction and landscaping is Scheduled to begin. Construction will take approximately 30 days and will begin as soon as building permit is approved. 10. Explain where storage and/or stockpile of wastes will occur on this site. There will be a trash bin on site during construction and trash will be hauled away daily until construction is complete. FOR COMMERCIAL SITES, PLEASE COMPLETE THE FOLLOWING INFORMATION BUSINESS EMERGENCY INFORMATION: Business Name:_ fJt-ycfe lCotµwtw\jha. bWS — _Phone:1S$ - SIo3- 95{3 9- Address: 333 1vtJeuvle4sbr_S_ City,ST,Zip: Evtv3`ptn)D0dt co 801ta- Business Owner: IJ¢.)theci Cawtvvtt.&vvtt,0.-totAS ______Phone: 52.15 -51 3 - or?3C HomeAddress: /4 I4L City,ST,Zip: N�t4 List three persons in the order to be called in the event of an emergency: NAME TITLE ADDRESS PHONE !Ja-x4ti Nct t014-a1Doera+tovts �.evt r tn. Sb3 - gY35 Case,,{1tsee t nO. Operozko✓ts Mys 633 Iv.ilertnes5:bf_ 39_31-n-� --)_t59 Ctieorc\eSeaSvmANvl Fteck Te.ck. 337, ltnvertnessDr. S. buogetaooa 3o3-961- 0941 Business Hours: a. _Days: Type of Alarm: None Burglar Holdup Fire Silen Audible I Na meand address of Alarm Company: 1410.rwn vt04-t ca'I'L0tn poe.S --0 tJo -totnat 1 00efx1noKS CeAA.Ael Locationof Safe: tJltll- MISCELLANEOUS INFORMATION: Number of entry/exit doors in this building: L___Location(s): 140r-.t atc1 0-p�LteR-le r Is alcohol stored in building? vto__Location(s): Are drugs stored in building? V10 Location(s):_ Are weapons stored in building? V1D Location(s):_ The following programs are offered as a public service of the Weld County Sheriffs Office. Please indicate the programs of interest. _Physical Security Check Crime Preventbn Presentation UTILITY SHUT OFF LOCATIONS:Main Electrical: Do_ DC wk.kcitv1p Gas Shut Off: N)14 v10 cos ExteriorWaterShutoff: NI 14 v10 W0.-� I--'c- GL.� 51}2 InterbrWaterShutoff: NIt4 14.0 t0.. A) - 0.4 st-k -11- Identify Results • Page 1 of WELD COUNTY ASSESSOIP PROPERTY PROFILE Account#: R5438186 Parcel#: 1311301000 Tax Area: 2320 Bordering County: Acres: 3.63 TownshipRanue Section Quart.Sec. Subdivison Name Block#Lot# 02 -67 - 30 - 1 - - Owners Name&Address: Property Address: PATTON ROY C&MARGARET D& Street: 7639 15 CR 7639 COUNTY RD 15 City: WELD FREDERICK, CO 80530 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception# 9/30/1999 $198,000 WD 2724768 Legal Description PT NE4 30-2-67 LOT B REC EXEMPT RE-147 (.37R)SITUS: 7639 15 CR WELD 80621 Land Valuation Summary Land Type Abst Code Unit of Number of Assess: Actual Value Measure Units Val: Residential 1112 Acres 3.63 Land Subtotal: 3.63 $136,125 $10,8A Buildings Valuation Summary Assess: Bldg# Property Type Actual Value Val: 1 Residential 2 Out Building 3 Out Building Improvements Subtotal: $100,562 $8,01 Total Property Value $236,687 $18,8, Building Details Account#: R5438186 Parcel#: 1311301000 Owners Name&Address: Pro rty_Address: PATTON ROY C&MARGARET D & Street: 7639 15 CR 7639 COUNTY RD 15 City: WELD FREDERICK, CO 80530 Building# Property type 1 Residential Individual Built As Detail Built As: Modular Year Built: 1971 Exterior: Frame Aluminum HVAC: Forced Air Interior Finish: Drywall Built As SQ Ft: 1440 #of Baths: 2 Roof Type: #of Bdrms: 3 Roof Cover: Composition Shingle http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=131130100024&acct... 11/03/20( Identify Results • • Page 2 of #of Stories: 1 Rooms: 5 Units: 0 Garage: Attached SQ Ft: 528 Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R5438186 Parcel#: 1311301000. Owners Name_&Address: Property Address: PATT0N ROY C&MARGARET D& Street: 7639 15 CR 7639 COUNTY RD 15 City: WELD FREDERICK, CO 80530 Building# Property Type 2 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1986 Exterior: Pole Frame Metal Siding HVAC: None Interior Finish: Built As SQ Ft: 684 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R5438186 Parcel#: 1311301000: Owners Name &Address: Property Address: PATTON ROY C&MARGARET D & Street: 7639 15 CR 7639 COUNTY RD 15 City: WELD FREDERICK, CO 80530 Building# Property Type 3 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1990 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 576 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13 1 1 301 00024&acct... 11/03/201 S. REFERRAL LIST 00 NAME: Roy& Margaret Patton, Dawn Kanzler c/o Denise Gibbons with Tetra Tech CASE NUMBER: AmUSR1293 REFERRALS SENT: November 4, 2004 REFERRALS TO BE RECEIVED BY: December 2, 2004 COUNTY Ambulance Services TOWNS and CITIES Attorney Ault xHealth Department Berthoud Extension Service Brighton _Emergency Management Office Broomfield Sheriffs Office xDacono x_Public Works Eaton Housing Authority _x Erie Airport Authority Evans N xBuilding Inspection 'x_Firestone x Code Enforcement Fort Lupton x Frederick STATE _Garden City Division of Water Resources Gilcrest Geological Survey Greeley Department of Health Grover Department of Transportation Hudson Historical Society Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle Loveland Lochbuie Greeley Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 _Nunn Brighton F-3 Pierce Eaton F-4 Platteville x_Frederick Area Severance Galeton F-6 Thornton Hudson F-7 Windsor 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 Federal Aviation Administration Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Union Colony F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins School District Greeley Ditch Company Ng_x_Longmont xKIM Ogle West Adams COMMISSION/BOARD MEMBER \.._x Fitzgerald AA- Name: 2r-- J/kANZLEIDii pew+�c', lr)0 ---sue ' �dddddd V . e# - County Towns&Cities �2�� Fire Districts Attorney _Ault _Ault F-1 Health Department Berthoud _Berthcud F-2 _Extension Office Brighton _Briggsdale F-24 _Emergency Management Off:w-Ed Herring It4Dacono _Brighton F-3 Sheriffs Office Eaton Eaton F-4 14ublic Works Zrie Fort Lupton F-5 Housing Authodt.. Evans _Gaieton F-6 _Airport Authorto Firestone Hudson F-? — Building In Fort NI-co t� i . - ,�/ .,on Johnstown F-8 oc Code �-np!la V-'Fr„,._:c, L-Salie F-3 A-Lie -[ r �, Garden City _Mountain View F-10 .. Kim Ogle(Lard ,i i 0!Icrest Milliken F-11 Lin or Peggy(Art „ss og..,ittity)or Stnet Greelley Hunn F-12 Ambulance Serane Grover Pawnee F-22 State Hudson Platteville F-1,3 Div.of Water FasouIC0; Johnstown Platte lette Valley F-14 �ti _Geological Survey _Keenesburg _Eoudre Valley F-15 \q Department of Health Kersey _Baymer F-2 .._� _Department of?ransoortafon LaSalle Southeast Weld F-16 _Historical Society Lochbuie _Union Colony F-26 _Water Conservation Rcofd Longmont Western Hills F-20 . _Oil&Gas Conservation T::mmieNor. _Mead _Wiggins F-18 Division of Wildlife Milliken Windsor/Severance F-1? _South Hwy 66( tat::i- New Raymer /I-17 p,yI ( ,67 North Hwy 5oi' e orb tonn_ __al Lcn42e(� 3G"2 Division of Unarms i.: Nunn Parcel ID# I 2-,I l 3O ( C Oct1Z`( Soil Conservation Districts Pierce gone L C p„Acres? 15-(.0 1> _Big Thompson Platteville USDA l( 3bulderValley _Severance Airport C.X.- _Brighton Thornton Geo Haz '_Centennial _Windsor FP7 AliPanel# 45 C-- _Fort Collins Counties Road Impact Fee Area? jtY1e\-I'n Greeley Adams wyr _ V Longmont Boulder RSA? CRD# n-Fhtv,r-ts- _Morgan _Broomfield MUD? Po _Platte Valley _Larimer _Southeast Weld Other l I to West Adams Central Cole.Water Conservancy Dist r ' Federal Government Agencies _Leff Hand Water G _US Army Corps of Snore School Distrct RE- — _ IS-- USDA-APHIS Vet Service Art Elmquist(MUD Area) _Federal Aviation Admin `atructuresover _Ditch Company, over 200 ff or who 2.5000 ft of Pub `.irr:ori Commis er (b _Federal Commun t4, - 'L7-` ' • • Q a Weld County Referral INovember 4, 2004 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Roy& Margaret Patton, Dawn Case Number AmUSR1293 Kanzler do Denise Gibbons with Tetra Tech Please Reply By December 2, 2004 Planner Jacqueline Hatch Project An amended Site Specific Development Plan and a Special Review permit for a Major Facility of a Public Utility(Co-location on an existing 150 foot Monopole Antenna Tower and the addition of an equipment shelter) in the A(Agricultural) Zone District Legal Lot B or RE-147; Pt NE4 Section 30, T2N, R67W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 15; approximately 1/4 mile south of CR 18. Parcel Number 1311 30 100024 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) December 21, 2004 ❑ 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:lL Yl t- JtfAti Gb l k 1 � x≥ 11R!)cCal`•np.i-ik(1 \1h \nrcv l$I fl)4 ) vcrt r -id r� ' . Pl4O4X_ notin to Iron+ L0►io n (Pr S- 1710 . too) can Signature e"Ptak,-Irilnen Date j I t3 ' 4 Agency 2-Q`0l✓ O) (rrv'\P6r-V1C.d *Weld County Planning Dept. +918 110'°Street, Greeley, CO.80631 4'(970)353-6100 ext.3540 +(970)304-6498 fax 1.;.\ 111 Weld County Referral Weld • WCo my Play ing Department I November 4, 2004 NOV 1 5 2004 C. RECEIVED COLORADO REC lr-�-oy The Weld County Department of Planning Services has received the following item for review: Applicant Roy& Margaret Patton, Dawn Case Number AmUSR1293 Kanzler do Denise Gibbons with Tetra Tech Please Reply By December 2, 2004 Planner Jacqueline Hatch Project An amended Site Specific Development Plan and a Special Review permit for a Major Facility of a Public Utility (Co-location on an existing 150 foot Monopole Antenna Tower and the addition of an equipment shelter) in the A(Agricultural) Zone District Legal Lot B or RE-147; Pt NE4 Section 30, T2N, R67W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 15; approximately 1/4 mile south of CR 18. Parcel Number 1311 30 100024 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) December 21, 2004 ❑ 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 3 2.e . QXtWi. -` .[ Date // - j- ° 5' 12Ant Agency -wmri.'bn L4A +Weld County Planning Dept. ❖918 10'h Street,Greeley,CO.80631 +(970)353-6100 ext.3540 ❖(970)304-6498 fax 11'15/2004 1 0: 02 3039252706 TOWN OF ERIE PAGE 01 • • Weld County Referral November 4, 2004 111 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Roy& Margaret Patton, Dawn Case Number AmUSR1293 Kanzler c/o Denise Gibbons with Tetra Tech • Please Reply By December 2, 2004 Planner Jacqueline Hatch Project An amended Site Specific Development Plan and a Special Review permit for a Major Facility of a Public Utility (Co-location on an existing 150 foot Monopole Antenna Tower and the addition of an equipment shelter)in the A(Agricultural) Zone District Legal Lot B or RE-147; Pt NE4 Section 30;T2N, R67W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 15; approximately 1/4 mile south of CR 18. Parcel Number 1311 30 100024 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional Information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) December 21, 2004 ❑ 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 if. —6 cif Agency +Weld County Planning Dept. +918 1 Street,Greeley, CO.80631 4°(970)353-6100 ext.3540 °4(970)304.6498 fax • Weld County PlanningOFFICE Department GREELEY Ka} Weld County Refezrai 2004 N RE kV4E D COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Roy& Margaret Patton, Dawn Case Number AmUSR1293 Kanzler c/o Denise Gibbons with Tetra Tech Please Reply By December 2, 2004 Planner Jacqueline Hatch Project An amended Site Specific Development Plan and a Special Review permit for a Major Facility of a Public Utility (Co-location on an existing 150 foot Monopole Antenna Tower and the addition of an equipment shelter) in the A(Agricultural) Zone District Legal Lot B or RE-147; Pt NE4 Section 30, T2N, R67W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 15; approximately 1/4 mile south of CR 18. Parcel Number 1311 30 100024 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) December 21, 2004 D. 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 `/"re. zz Agency +Weld County Planning D . ❖97.10'"Street, Greeley,CO. 80631 +(970)353-6100 ext.3540 t(970)304-6498 fax 86/19/K: 52:16 FREDERICK TOWN GOUT -* 978 384 6498 NO. 174 DO: • • • (it LI3/41. Weld County Referral November 4, 2004 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Roy 8 Margaret Patton, Dawn Case Number AmUSR1293 Kanzler c/o Denise Gibbons with Tetra.Tech Please Reply 13y December 2, 2004 Planner Jacqueline Hatch Project An amended Site Specific Development Plan and a Special Review permit for a Major Facility of a Public Utility(Co-location on an existing 150 foot Monopole Antenna Tower and the addition of an equipment shelter) in the A(Agricultural) Zone District • Legal Lot B or RE-147; Pt NE4 Section 30, T2N, R67W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 15; approximately 1/4 mile south of CR 18. Parcel Number 1311 30 100024 The application is submitted to you for review and recommendation, Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) December 21, 2004 O We have reviewed the request and find that It does/does not comply with our Comprehensive Plan a We have reviewed the request and find no conflicts with our interests. O See attached letter. Comments: Tirr -rowtJ pF GReick cvPPoarS (O- Locana/.l . • • Signature PtsA j AJ Date f//2.9/ Agency To 0$ FEebep,c 4.Weld County Planning Dept. 0918 10"'Street,Greeley, CO.80631 0(970)353-6100 ext.3540 +(970)304-6498 fax • f � Weld County Referral D LS ' v IE u E 1l November 4, 2004 111 A NOV - 8 „ J C. COLORADO WELD COUNTY PUBLIC WORKS DEPT The Weld County Department of Planning Services has received the following item for review: Applicant Roy& Margaret Patton, Dawn Case Number AmUSR1293 Kanzler c/o Denise Gibbons with Tetra Tech Please Reply By December 2, 2004 Planner Jacqueline Hatch Project An amended Site Specific Development Plan and a Special Review permit for a Major Facility of a Public Utility (Co-location on an existing 150 foot Monopole Antenna Tower and the addition of an equipment shelter) in the A (Agricultural) Zone District Legal Lot B or RE-147; Pt NE4 Section 30, T2N, R67W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 15; approximately 1/4 mile south of CR 18. Parcel Number 1311 30 100024 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) December 21, 2004 ❑ 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 �GC � Date It - Agency c.lat� errt_lye, +Weld County Planning Dept. •.•918 10th Street, Greeley,CO.80631 ❖(970)353-6100 ext.3540 +(970)304-6498 fax • •Weld County Planning Department GREELEY OFFICE NOV 1 9 2004 MEMORANDUM RECEIVED lTO: Jacqueline Hatch, Planner DATE: November 18, 2004 C FROM: Donald Carroll, Engineering Administrator • COLORADO SUBJECT: AmUSR-1293, Roy & Margaret Patton, Dawn Kanzler do Denise Gibbons with Tetra Tech The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the purview of the Use by Special Review Standards, Weld County Code, Chapter 23, Article II, Division 4, Section 23. Our comments and requirements are as follows: COMMENTS: WCR 15 has been annexed by the Town of Firestone. REQUIREMENTS: Access: The applicant indicated that there will be a 13-foot gated opening to an existing 12-foot access easement. The proposed leased property located directly north of existing facility also utilizes the existing 12- foot access easement. A sign-off from the appropriate emergency/fire department shall be required as the proposed gate and lane is less than the minimum 20-foot requirement by emergency response crews/fire department organizations. Parking: The applicant indicated that the site will be an un-manned facility that will be accessed approximately once a month after construction has been completed. There will be no staging or parking on WCR 15 during construction. Utilize on-site parking for employees and equipment. Storm Water Drainage: The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. pc: AmUSR-1293 M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\AmUSR-1293.DOC • • WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street,P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 Road File#: Date: Co - a 1-04 RE # : Other Case #: • 1. Applicant Name I'JeX4e.A Cowtvv.vunU&#\ovtS Phone Address 333 Irnverv\ess -Dr. 5. City ato0\.w000d State C.0 Zip ZViI- 2. Address or Location of Access 11o3°t WOR t5 , Ffedenck S D530 Section 30 Township alp Range (01-W Subdivision Block Lot lei Weld County Road #: 15 Side of Road Distance from nearest intersection 11a turtle 3. Is there an existing access(es) to the property? Yes ✓ No #of Accesses a 4. Proposed Use: Permanent ❑ Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision A Commercial ❑ Other +CiZC0vtA ot.cceSS 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential 11�� O&G = Oil&Gas D.R. = Ditch Road VtL1 Vt61 0 = House = Shed A = Proposed Access v = Existing Access ----, ?mposed Nexlct SlvJW Nit �x 1;144 N Fl t I OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: -8- MEMORANDUM TO: JACQUELINE HATCH, PLANNING SERVICES FROM: CHARLOTTE DAVIS, ENVIRONMENTAL HEALTH C. SUBJECT:AMUSR-1293 R. & M. N; D.KANZLER C/O D. GIBBONS WITH TETRA TECH COLORADO DATE: 11/30/2004 CC: Environmental Health Services has reviewed this proposal for co-location on an existing 150 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 the placement of the antennas and the pre-fabricated equipment shelter. 7. Adequate toilet facilities (port-a-potty) shall be provided during the placement of the antennas and the pre-fabricated equipment shelter. 8. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 2 • • Weld County Referral November 4, 2004 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Roy& Margaret Patton, Dawn Case Number AmUSR1293 Kanzler C/o Denise Gibbons with Tetra Tech Please Reply By December 2, 2004 Planner Jacqueline Hatch Project An amended Site Specific Development Plan and a Special Review permit for a Major Facility of a Public Utility (Co-location on an existing 150 foot Monopole Antenna Tower and the addition of an equipment shelter) in the A(Agricultural) Zone District Legal Lot B or RE-147; Pt NE4 Section 30, T2N, R67W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 15; approximately 1/4 mile south of CR 18. Parcel Number 1311 30 100024 , The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing (if applicable) December 21, 2004 ❑ 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: `_;,,177tt14{ _cam\11 �iY \ w 0.415).„5 fi Y1/r Vf� C{�USSC� 51...},f4> • ._ \1 %44Lh1� L-c 1 c;�fe/vr v C'is ) Signature 1 Date ) H 4- - 7614 Agency }� u2S Pfu& +Weld County Planning Dept. ❖918 10'"Street,Greeley,CO.80631 t(970)353-6100 ext.3540 +(970)304-6498 fax L'"*.N.23\61 Weld County Referral INovember 4, 2004 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Roy &Margaret Patton, Dawn Case Number AmUSR1293 Kanzler do Denise Gibbons with Tetra Tech Please Reply By December 2, 2004 Planner Jacqueline Hatch Project An amended Site Specific Development Plan and a Special Review permit for a Major Facility of a Public Utility(Co-location on an existing 150 foot Monopole Antenna Tower and the addition of an equipment shelter)in the A (Agricultural) Zone District Legal Lot B or RE-147; Pt NE4 Section 30, T2N, R67W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to CR 15; approximately 1/4 mile south of CR 18. Parcel Number 1311 30 100024 The application Is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Planning Commission Hearing(If applicable) December 21, 2004 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan l�We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments; /Itl5 /s t/-pprovEo 137 'ME FRE)Feicg- FIrz5ToNE FIRE ?rnfhcho'J MA-mitt FIRE ITIKtRSMA'• • Signature 3 ?Phk, Far , 14QSy/4C Date AlOv. f i t 20041 Agency refDE,e lck- FIRESrosW Feb +Weld County Planning Dept. +918 10th Street,Greeley,CO.80831 0(970)353.6100 exL3540 t(970)304.6490 fax TOO TLZ'0N 867970£0L6T F Gd88.9 TO:TT b021E/80/TT _• ------_ ..: , IPA I . - - ,. FIRESTONE � 8 /Ill■ E fll ! 1111IigF1I11I1' ills. l 'f!� i111111, 111 111111 !—alto; �IIIL■ 11111 1111111fl ' IIIII -Ilt11 T T ► ■IO i 1 1111 _F �� i AIVIuSR- 1293 i i '_ s,,____._, III'S _ . I 111 P.yi 1:I*: • 1 slops!' I iii riki i' if I let 0 " ` h ii l� V �= --::::::-..:.--4.......,:::: ..::::::::::::::::.?„........„ I Ma. 11i1 Y: ..""� 10 ! 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'� • :':E I . .5:),-..,::::4..:„.:.:) .: �yY 14: .. • ...: .......,r,:m..r...„.,.. ...y.r..r.,..:„..... . .. y �, : ..,...„,:. D3 MJY A 1II q YET fi tem _, 6h4pe. '.?!.‘ . 1 - . i .... ." . . . o } 4 _ �. • • . 0 .r . ., .4...e 9 i• 9 .• '3d{' ., i , r :-. $ •:: '� 'i %« .. .. . n '.. +s _ - �i � • �!wy �t S,"' s " Sr^. N ,°$�('i;.� a• Tp `xl '„`-! a,"'4 ; t ':•.` ,:.•. . t h ♦ - •^' ;;� ya: az • _ 'R$ r • t .A`. Y s -:::;•-v:,,:,:.••:,y@ Nrox.: _ .. r R r • ir r I xa - M, s1br � ♦ ,K • - - tr..: ,( Ja'I2w{ �y1Ni lir' °j <s`S'}r��}' �i` 'P. ;z" J flee • l',{r',f! 5'x'3 :S 1::4 J• 6�"f i•°�' ,RA. 'F .: 7 .� fr� ,gx.� f6 £ •ce X16 y:r�A. � • Ai S p 6 = f • • k I". ii h :3 •f. St . ' S .• - M • • Qrilik • a ' • r . _ _ • ... 7 .:.� .lL • b • WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 ' I 1 Road File#: Date: b - a`6-0L RE # : Other Case #: _ 1. Applicant Name /'Je_K}pA Cow &..mtCG..-bovtS Phone Address 333 lAvervtesS Tjr. S• City aaos‘ewOod State CD Zip 8011 - 2. Address or Location of Access to5°t WC*. t5 , Frederick CO $0530 Section 3D Township 214 Range (IR'W Subdivisbn Block Lot 3 Weld County Road #: 15 Side of Road Distance from nearest intersection X1'-1 rt1t1e 3. Is there an existing access(es) to the property? Yes ✓ No #of Accesses a 4. Proposed Use: Permanent ❑ Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision Commercial ❑ Other +e,I,eLbi&A &CLESS 5. Site Sketch Legend for Access Description: AG = Agricultural ( vt'fL_ RES = Residential O&G = Oil&Gas D.R. = Ditch Road tares = House = Shed A = Proposed Access 01 • = Existing Access ----,I proposed Nan+u 5LIJk( 3 N r x ts1e �Vt OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: -8' 06/28/04 16:53 FAX 303 861 7864 COLORADO TITLE 2002 JI N. 28. 2004 12: 32PM • NO. 6904 P. 2 CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD The ColoradoIikle LLC TITLE INSURANCE or ABSTRACT COM PANT hereby oertliesthatltLas made a careful search of its records, and finds the following conveyances affecting the real estate described herb in since August 30.1972, and the most recent deed recorded prior to August 90, 1972. LEGAL DESCRIPTION: CONVEYANCES(if none appear, sn state): Reception No. C.S.1<f,141.1 #156 ail) . Book No 3Oo k l is feel Reception No. Say Y,Qtia _S 11x8 DL1114 Rook 15$ Reception No.Ave tl ail dens r* Ib,S9.z.{2- Book T-3f- . . Reception No. Book Reception No. Book Reception No. Book Reception No. Book _ Race piton No. Book • The certificate is made for the use and benefit of the Department of Planning ServIces of Weld County,Colorado This certificate is not to be constructed as an Abstract of Title nor an opinbn of Title,nor a guarantee Title and the liabilityof Colorad.o'Tear1¢,LLC COMPANY,Is hereby limited to the fee paid for thls Certificate. In wltnessWhereof, Colorado"Ti k'4e, \--Le. COMPANY,has caused this certilicate to be signed by Its proper officer this 2% _day of Saba e. , 20 0S_, at 11 _ Company: et Orle LLC By: A rized Signs • • COLORADO TITLE, LLC 1776 SOUTH JACKSON ST. SUITE 800 DENVER, COLORADO 80210 PH 303-692-0536 FAX 303-692-0674 File No.: 040350128NF Property Address 7639 WCR 15 COPY TO: Tetra Tech, c/o Nextel Communications, Inc.i Lowell Nelson 333 Inverness Drive South Englewood, CO 80112 (303)721-4095 COPY TO: FREDERICK/DACONA CO-679-A 7639 WCR NO. 15, FT. LUPTON, CO 80621 COPY TO: COPY TO: June 8, 2004 • el—a• J t 'ti;e " r.- '{„y,;'' C. >: ,kecf 1 a �i y -• r, +I ....10V„ti r lO • • lt` to R' ! t '( GO �'�,� JI' y. *li.;Tama • F i et i'Ta� ! E �kA M , 1 • y �Jeat S. Wolff and Lola y e , �i J ~, =.1pid JwepkiM Wolff ! . Nolt.e 1�!o ?moon .�. ,;Srh�0Q7s,ts^ at N. teac ,et Y(Sera Peel,r Soulter r lath aE _ ' e 4 UN . • ti __ Ice L. Parson and Margaret I. Russell �' we N { Castes et Veld • r stela t `. t ! a them the am pert the•••••14!s4 t !a<feud it.the pert tee awl la esekbeelea et the nee et • ' a ?arty-e is Thousand Tire Hundred ($66,500.00) e »afi+R e • es M m[anise et the fh.R pet r keel pM y lo add arta et the 0 os e �''}r.•o+Mwid r aabenSdged,tare Ssar6,beesare4 sets r eaneat. dad 4 insus de the ma"awed d et-��1' .w C.see aY•wmr eerie the wad peel se at the=Mei parka*hat ad e F ,�rs r'eeies fa h feat tarn m the MM.,data fee re Neal of arts o .o met Weld std esedlVsade,rshelM.Meted f9 ',Da jlorthasst Carter of Section 30, Township 2 ioreh�'ynp 67 Vest•of the +4. C 6th r:N„ 'accepting, however, • 5-acre tract of land io' the lorthnaatnrly 04 comer of said ?orthee.t Quarter, befog described'Nora particularly as follows; .Inflaming at the intersection of the Southerly z eat the County road thick lies aloof the North line of said sod the Sisterly right-of-nay lice of 4th Street,la the Toes of rireefose; thence Southerly aloeg said Westerly right-of-sty.lifg a taint* of KO fat; thence Paptnly !el parallel ales tSas.--.- • So,Rkarly-rightrofyq line of said County read a distaste of 330 _..folk l'thence Northerly sal parallel with ?astal) right=oft•'11a. ,s distance of 660 test to aid Southerly rigktrof',ay lint thence Westerly aloof salt Southerly right-of-gay line to the point of and except .. ,... pt reserr.tione contained Su the batted States Patent recorded in Icok il 20 t.ttaaS5e 72 ofathed the WeldCounty pla'.lee Resat rM,.aed wept rights 4 a,.,,..' .', recorded in look 107E at Page 71 of said dWWeld Com and ity camoy ,, ladtrwnt 0eptia5 all roads, highboys, ditties., Ptilities, en l.blpp resits, pod r, telephone or eater lines, ,sad rights of w and eassalat. pipe Hoes. paver. of record or as they wrist on the y an.ats hoar appearing ironed." .. .. ,. i , ct 1 ` t 3 , , 1 • 1 • i 'sewrkea. r the�...rae.'�d ran._ rata..t the Seeeitheene edd'�tase amnia Weigh.etr.t t Itiort:d ti the seats,*Wt tire.ban* ad o Mal abeam. tak tat L. y r Ind So ans pm,Ss la .etas S.r r r S.eat.,, ere 71t wan.Utt{/ese-a Joist Y —*tease PAMaeee i erne lime.e.y em+e i .,.�, .. yn ,y �-} • hs rte.,1 �.�..a r♦ .rtK ; • �YN I ls:i l . w _.. ?: •+� .,t1:44. y N44-14m i . TO IAn AND IV>•0lawaetd nab.�n •:.� _ .,, ,gym rw,.v.. ! _• �' �y ee OW M . SO ate.hwlr I.% .that�d mfr f ttaa R'° Wite►wtarralital ad Matey irit.to tV tie a.s See ' ', ,'Z a''.;.sad atilt tin SA et thee preseats.pram tam easte,L mrt a la*se a asselsr adr'.:NNWand1 at t' they are ,.g - 'maids,sad.mat ►as.w..o,.a...va.asoM .Gad ladataaak acme at lat...Iteas.la La la�. n almay ^ �'W2rf•tt..vaa2 :': ....�. W.let ameba.aim lima seaman sad rM e am the o is she.la it s a. 1.. except the general taxa of the at year 1972 , which the trance., herein assume and a year 1971, payable !n the Tear 1972, a'hfeh tree to pq: • sod Le above&unbar' a a.gat aat hila.sa. .sai .t all sad perm at pr w)n..a. W weY.dw...7.YM St • ad Pert Las t the tg.t pert.9.11 aal all f1D ams.r Is dam lie ark or a41at 19►•.G .•.1 rs r ass r' pet t W Mt an 9a ti yum,q"'their as • Y • + . i '. g`t'd ad rwr.....t nd tan alum. att. -...-C; Joha 1t. A MALI SZAW s•° a a SfaTROT.doeitair,, .` CM*Mr p1AL " r a. a�". 4 harmed+ea ieleatsdat hare um thu • �''�•nw. ...Icahn R. Volff. id at February 'Qr 7s .a r rsry 4'444-.n. ow . 'wltr p Mad eat anal..al •;` My Coma mama iWrea Mw. 19J3. #YV ,i. ._14.44:41,..e. ' • . pea et ammo he Moen.a•rarrfir tea.�•aaeY • atao.,r.m•.•sae Maim t+a•aa. --_ ora..aaa1 nley of.nW7�.r��W,Retmob tUTZ �a�.rr.s �rw as a..w..v.r a.• • n /! 54. / • *rejoins Instrument we. scimoa •-• Vi�t� 171 by Lois J. Wolff, �1w as More op i,,, �nY day of nNl't7 hand and o c 1 s 1. �°e° Lots Jo,ephfne A0 Atganf•a ion expires W —._2(e-oatj hi icI S I d 1, if .. 1 1 1 I A 5 � � j 01 ti "� P I • � : � 3 s Ath1 ¶4Mj, • • .. ,iit I li I 0 til . . • " ii �das� } s • pair d • _yide� y�fy,�. a d'2 .1W f ht.—,« - sass tic 1 tJV #r lt{! t ... nok s , et. .. q s t r t. '., p ;t M..j�F f 1 ae .rt d d tar' t).i, le a.d Mc No 1680 7 7. ._ s t.. sr..wn. A. Finn*. r 7,,,I.:7-_-_ -,:._,t--,--:-:.-. I CE.c?`.91 nr"-'.w`4 .s w,• , --:r- Mimic . tad 'o`-`767 . __ S o f. S r `"'•'• °� NAY 1.91975 a JAN 2 Q t976 e.�,J e -Lac. .arex ��— lb. Ho 16RA92$ s Le, See A. wnt-se. M M. I1)��2 t#} S. In S:o',n Jr, RecrnM p I I -I BK IRD P00093 i` /` AN t `.. o R m<eraw at_.I Y QA o'clock /"I M, A. yi b j' I i 3348'7 ay. - w e,ert"d. nectar. *i.- RenPton N. ' FILING STAMP { N 77 I I bet, DEED, Mae his 23rd day , of December .is 75 9bet, Tom L. Russell and Margaret I. Russell, husband and wife. I or the Cows of Weld an,d state of t1111IIIFFDIMI M.I o { —r r I Colondaoftbe first part.and { +cr.0 0C. Harold L. Roberts and Gwendolyn Robert j[' ,�..I of the County of weld and State of is Celondo,of the amend part'. -'3 • I .--', ., WITIESSETII,that tee said party of the(leek park for and in consideration of the mm or We a • o - - - ONE DOLLAR AND OTHER GOOD AND VALUABLE tbNSI➢FRAY IONS tat..ofvYh. 0 o and other good end valuable nneiaeran.na to the said part/of the fleet pert In WA acid by the said portal•of the - 0 a second paes the neelpd whereof t,hereby eenfined end od confine te gmtad,bugttaat add ad monied. • _• # and by those memo.does frank hernia,sods many ad eunfine eats the pall paNu of mold park theirso Mee end amigo.former,net in tenancy in common bath joint tawsm.en the fen..tna denehed lot se O . ,t` wee' of land emote,Iping and Laing in she Gantt of Veld and State • L y ti c, of Colon..to wit: That portion of the Northeast Quarter of Section 30, Township 2 , de et. l' North, Range 67 West of the 6th Principal Meridian, county of Weld, State of mse Ii Colorado, more particularly described as follows: Beginning at the Northeast • _]` Corner 8f said Section 30. thence along the East line of said Northeast (Matter, ,. , ISouth 0 28'47" East 1,461.00 feet to the TRUE POLICY OF BEGINNING. Thence li continuing along said Eastline, South 0°28'47" East 528.00 feet; thence West I o 330.00 fast; thence parallel with said East line, North 0°28'47" West 526.00 I feet; thence East 330.00 feet more or less to the TRUE POINT OF BEGINNING. A , i The aoova described parcel is subfec- to a 30.00 foot vide reservation for County Road d right-of-way along the Easterly portion p�yo ntheerooff, and reserving all wq • J mineral IMER with all anparty drw finder thee hereddatmonts a'ra 7epMr<sWtt1Sia mitaiRm sUsNtd[.Lo�m°nulyr•�ass°1 g '% u I eppartalydag end h.revenb,n sad nnnimw.eau rode/sad meaner& meta laser sad poems throe; sad - N tai d sass l•h. ,right,title,Interest,elan ad demand weaz d W N ait4r Moe enr add party of the et part, a law ar salty.at,Is,and to the ove bar}dn promisee, d prosee,with the b.-raditment a and app.etaneea , ii T TO GAVE AND TO HOLD the aald premisa above b.rnlned and daeolbed,with the appertenascee,ins the I sad minim of the amend part,their hairs and Wga feint And the W party of the ant part far Wad!,kb I 1., bal send executor,. d n.and nlnlstton,dose t eener4 frank barna and agree sand a with the said fari of the I d port.their heir.and wit m,that at the Urn.d Omar psas wail imbed the main and delivery et Omar he le wd 1' of the prmlw.hr..conveyed,as at rod,seen,perfect,absolves d hernia, We estate dnhu ilsn s a h alma=law. • `Y-'I fee simple,art w rod right.fed power end authorityhsa lawful autho rity ea grant gais,,a sail mad us d teeny the anus f and form eenesaid,and that the same are fm end clear hen all farmer and Mho gnats,bargdu,sales,lie's, -- i tam ens and encumbrance*of whatever hind or latent meter. except taxes for the veer 197: _ and subsequent )ears and except renervatIons, Oil and Gaa Leaser, and Affidavit of Lease Extension or Production of rccord on CO I, • - eel fo he 'e-recar,iea t .Jaw Corr( t trc -r na. CI f . I and the above burdnd pmml n the quid and p.eee.:2f➢-'--• of the id yteHn art the award part.lid 't, r I survivor of them,their saeI s sad the Mein ad nags et snh snivp seem et as aml eerr Fans or pees 1 e v 0' I lawfully chiming or to claim the%Meteor any pen thane[.elm said Pry eft)*Ant part shell sad will WARRANT t� :4, t' t I', AND FOREVER DEFEND.TM aingesr number shall Include the plat.W psnl the shSalar,end the me d say OO - a�- t\r l l gender dwell be applicable CO WI Aden. •: ` IN WITNESS WHEREOF the said party of the first part Mar hereunto M Ma had add the day sad year p e \t}, first above written. ..tt ^/ //' '/ 3 ,-in-_ ,1r .lidlY..LL��I(� /1. a a• C. Signed,BMd ad DdiveM in the -- I -low t-:--wet it hwa in& AL) . 1 ~'- Vole DccumenlOrf Fee I. ..__._[REALI l • ..JAN.e. .1iss-.• - .Dam 4 Y 2 _ I / Fsfft'tf-Ru.siff,'Lgie a.*ClgcA1,I .: < h..-tIrlaA F COLD-v ash;.-••••ylpp,�ee . Ca my of a '' l's Tie todsgo►FrtsInmost ws acknowledgedbefore me Ode 23rd lay of December ,le 75. r - I b tkAtp•Russell and Margaret I. Russell, husband and wife, r;1f"I r' oI • sty Cammrplmreiplre. : • .19 ..Witness my hand eel official aeeL ..� •� )�fpa.eh.hvr upim Nov IS .l '•..�wf_d. .l !_- .-c-t a: . i w , xrr sari. , I _ N —"..'. e, .'n ,.1.ti,......rn.r...5. r....-eons.. ,r.,, ROM 11111 11111 Bill III 1111111 III IIIII Ifll !III 2724768 10/05/1999 04:31P Weld County CO —7L 1 of 1 R 5.00 D 19.80 JP Sukl Teukamota Filed for record the day of ,A.D. 19_, at o&clockM. RECORDER. Reception No. By DEPUTY. WARRANTY DEED Foe THIS DEED, Made on this day of September 30,1999 .. .� between HAROLD L.ROBERTS AND GWENDOLYN ROBERTS 9 '• of the Canty of WELD and State of Colorado , of the Grantor(s), and ROY C.PATTON AND MARGARET D.PATTON AND DAWN E.KANZLER • whose legal address is 7639 WCR 15,FORT LUPTON,CO 8062! of the County of WELD end State of Colorado , of the Grantee(s): WITNESS, That the Grantor(s), for and in consideration of the sun of ( 1198,000.00 •••One Hundred Ninety Eight Thousand and 00/100••• DOLLARS 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 confine unto the Grantee(s), his heirs end assigns forever, all the al property, together with iaprovarents, if any, situate, lying and being in the County of WELD and State of Colorado, described as follows:: LOT B,RECORDED EXEMPTION NO.1311-30-1-RE 147.ACCORDING TO PLAT RECORDED APRIL 29,1975 IN BOOK 737 AT RECEPTION NO. 1659247,BEING LOCATED IN THE NE 1/4 OF SECTION 30,TOWNSHIP 2,NORTH.RANGE 67 WEST OF THE 6TH P.M.. WELD COUNTY,COLORADO. also known as street raster 7639 WCR IS,PORT LUPTON,CO 80621 TOGETHER with all and singular and hereditament' 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 end demand whatsoever of the Grantor(e), either in law or equity, of, in and to the above bargained premises, with the heredi taments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, into the Grantee(s), • his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the erssealing and delivery of these presents, he 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 end lawful 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 ether grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1999 AND SUBSEQUENT YEARS,AND SUBJECT TO THOSE EXCEPTIONS REFERRED TO IN TITLE INSURANCE COMMITMENT NO. FC197954 ISSUED BY LAND TITLE GUARANTEE COMPANY. The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises In the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular nutter shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above. HAROLD L. • GWEND0LYN labBERTS • STATE OF Colorado Ise. County of BOULDER • • • The foregoing instrument was acknowledged before me on this day of September 30,1999 by HAROLD L.ROBERTS AND GWENDOLY • My commission expires -ua UBLIC /' Witness my hand and official seal. In -" AC� \, fAL/ U {f L' m MY Comltusaon E ' A„ywo,tW3 Notary Pttlic Name and Address of Pere Creating Newly Created legal Description ( 38-35-106.5, C.R.5.) Escrow* MT197954 When Recorded Return to: ROY C. PATTON AND MARGARET 0. 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MTLIC OD NO6D f➢e.ST SiALi IBM P CE 0.401 t _ __� SiVb • ` 111 0 111 54 1 S1gi e 0 PACE s CO NEONNp MM AAl NWI R OEOQD R•/4� ® 113 room( /Ill10)115 I{{n5o��a0o, IN m M IIP007WT 3Y •�� CMOS.MN ,0 MOT ME b.ONDOK AT rNEllal[uc MAOp it 013101/CO e0620 0t11 1010 �M W / tr`` PLASM 1E FENCE /� � / fIWI Ia01231W N.P-NaITr,m 10001-54.01 fr~ I ��` / (Cal NOM I r- NA• CND NOR T PIA Ina A. r' LEASE PARCEL Y'I Fromm,.co eN10 33'■16.5(C8) I 12._0. (E)13'-0'CAW ,.. • OMENS MUTT.AM 5fnae 293 I POT OE 11,1011./131130103024. T.'b\ 9N0m'm-E SY SUE FINC NN Or TO NAM 1PIPon• / r IADNr1 PNPRn NME N En' IN -ti j•1i m I =mew 1R NON ANNE urmg PROPOFFE ge re I (E)1Y-0'ACCESS WOE A. ANA r PA m o.2i of trot4. —1 lIG 1 t,G iw �......L�1 ��M— ---ll —E —N —N , Stan II AF TM.t'lNT .s INUOI MO \ aAYl NOT O 015468➢n Oat LASTS DK al rum (E) I 3. I A a ao MI ANN A CIVIL SITE PLAN {E)MONOPOLE E • 6d-0' wow, NE N N NOT NCI NOM OMER HAS BOOMED N e ENLARGED LEASE PARCEL ►� I CIVIL SITE PLAN ihA 3 VICINITY MAP PARal SZEME FRdI JAM'TO JDY06.3' ab1la sp2'-rte• Z-7 IDLE r.Ord z-1 MOO r.IOW-0' Z—�( •+ • 0 back -k ,ai-z COLORADO TITLE, LLC A,ma owe deed 1776 SOUTH JACKSON ST. SUITE 800 ?firr .FO -K,-}- DEN': ER, COLORADO 80210 PH 303-692-0536 FAX 303-692-0674 File No.: 040350128NF Property Address 7639 WCR 15 COPY rO: Tetra Tech, do Nextel Communications, Inc.l Lowell Nelson 333 Inverness Drive South Englewood, CO 80112 (303)721-4095 COPY TO: FREDERICK/DACONA CO-679-A 7639 WCR NC. 13, FT LUPTON, CO 80621 COPY TO: COPY TO: March 8, 2004 . Aire,',:: _a. •- •.e.•.r.:Y.•ori C. •r'T. !e' .i... ...:! .. fe- , a - •,,, �+�.lac..i. ` s,,.. 4 rK. �,•_, y, ..7�E•k A!,. .. :?' '� a ` r COMMITMENT FOR TITLE INSURANCE ISSUED BYtl STE \VAIrl` TITL., E , fi,, a GUARANTY (' {) 'Kly :! NY il Ili • STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, ter ^►� , valuable consideration, hereby commits to issue its policy or policies of tide insurance, as identified in _, • Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate •+ or interest covered harebv in the land described or referred to in Schedule A, upon payment of the ..,.ii, premiums and charges t1'.erefor;all subject to the provisions of Schedules A and S and to t�rr: Conditions t << and Stipulations hereof. • kri Rc 41 ,•g. This Commitment sii rtt be effective only when the identity of the proposed insured and the amount x.. '', of the policy or poii.;ies car•'mitted for have been in Schedule A `:ereof by the Company, . ` either at the time of the: issuance of this Commitment or.by subsequent enclor :err�ent. z ,1' .: This Commitment is preni!T'ii�!ary to the issuance of such:policy or policies of tit;; insurance and all :,. .: r•. hereunder u !lability and obligations he.e der shall cease and terminatesix months after :he :;' •':cti»e date hereof or when the policy or policies committed .for shall issue, whichever first r•t:curs, pri:':�ided treat tine • ' failure to issue such policy or policies is not the fault of the Company. Thi,r'�!�!i;�t!rrer�t shah net be valid or binding until countersigned by an authorized officer or a5ert • IN WITNESS V1rIEREOF, the Company has caused this Commitment to tr.; shift;d a io seated, to t become valid wren '^.;u:itersigired by an authorized officer or agor+t of the Conrrrc,n], ::it i ae,:ordance , ,, with its By-Laws.Th.:;Contnrinnent is effective.asof the date show/ in Schedule A as'•E:ff,c: :a Date." • SVI'FWART 'I'I'f.'L,1. • ,\ GUARANTY COMPAN] ! 4 +' .ti Ct 3p.rn-. of •.,-! auo:.r ._ •••t%1 n,esrde.r . • ...",r, + (.:cuutersr9rex1 IV; a n: 19 D 8 ,' =: TFXPS ,�': x I L . . $ kith-or rzeo Sri •.rw •• .514 c�,n!#, - AOO TITLE, LW :.• , Me S.Jackson Street.e800 .. r Drw ' CO �� - « '�_ Crw.State i 4 Y,• /i' ' .'S.4 -X-44 y.X • ;�r.,•_.i: ...1. :Nr..•,Ps':.:,i;: .it_•.. 1.4.—..._..'.' ::43:4"47:....,- n..-. >..5-. Y ..rcLyL it • • Colorado Title, LLC 1776 South Jackson Street#800 Denver, CO 80210 303-692-0536 Fax 303-861-7864 SCHEDULE A Commitment Number:040350128NF Tax Schedule No. 1311-30-1-00-024 I Commitment Date: February 27, 2004 at 07:00 AM 2.Policy (or Policies)to be issued: Amount of Insurance Premium (a) Owner's Policy ( ALT.A Own Policy (10/92) ) $ 500.00 Proposed Insured: NEXTEL WEST CORP., A DELAWARE CORPORATION (b) Loan Policy Proposed Insured: Total $ 500.00 3.Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date, by: ROY C. PATTON, MARGARET D. PATTON AND DAWN E. KANZLER 4.The land referred to in this Commitment is described as follows: SEE SCHEDULE C ATTACHED HERETO Purported Address. 7639 WCR 15 Stewart Title Guaranty Company • SCHEDULE B SECTION I REQUIREMENTS Ccmmltn!ent Number: 040350128NF The following are the requirements to be complied with. Item (A) Payment to or for the account of the Grantors or Mortgagors of full consideration for the estate or interest to be insured. Item (B) Proper Instrument(s) creating the Estate or Interest must be executed and/or duly filed for record to wit: 1. THIS COMMITMENT IS FOR INFORMATIONAL PURPOSES ONLY HE LIABILITY OF THE COMPANY IS LIMITED TO THE FEE PAID FOR SUCH INFORMATION. kLTA Commitment Schedule B-Section I (10/6/82) (04035012cNF.Pr]/040350128NF/1) • • Commitment Number:040350128NF SCHEDULE B - SECTION II EXCEPTIONS The Policy or Policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company 1 RiGH rS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY PUBLIC RECORDS. 2 EASEMENTS, OR CLAIMS OF EASEMENTS, NOT SHOWN BY THE PUBLIC RECORDS. 3. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, AND ANY FACTS WHICH A CORRECT SURVEY AND INSPECTION OF THE PREMISES WOULD DISCLOSE AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 4. ANY LIEN , OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. 5. UNPATENTED MINING CLAIMS; RESERVATIONS OR EXCEPTIONS IN PATENTS OR AN ACT AUTHORIZING THE ISSUANCE THEREOF; WATER RIGHTS, CLAIMS OR TITLE TO WATER. 6 ANY AND ALL UNPAID TAXES. ASSESSMENTS AND UNREDEEMED TAX SALES 7. TERMS, CONDITIONS, PROVISIONS AND STIPULATIONS AS SHOWN ON THE RECORDED EXEMPTION PLAT NUMBER 1311-30-1-RE147, RECORDED APRIL 29, 1975 IN BOOK 737 AT RECEPTION NO. 1659247. 8. DEED OF TRUST FROM ROY C. PATTON, MARGARET D. PATTON AND DAWN E. KANZLLR TO THE PUBLIC TRUSTEE OF WELD COUNTY FOR THE USE OF WORLD SAVINGS TO SECURE A 'RINCIPAL SUM OF $143,000.00 DATED SEPTEMBER 30, 1999 AND RECORDED OCTOBER 5, 1999 AT RECEPTION NO. 2724769 AND ANY AND ALL ASSIGNMENTS THEREOF. ALTA Commitment Schedule B Sectior. (0403501''.NF.PFD/040350128NF11) (10/6/82) • 0 Commitment Number: 040350128NF SCHEDULE B - SECTION II EXCEPTIONS (Continued) 9 TERMS, CONDITIONS, PROVISIONS AND STIPULATIONS AS CONTAINED IN MEMORANDUM OF LEASE, RECORDED JULY 13, 2000 AT RECEPTION NO. 2780403. 10. TERMS, CONDITIONS, PROVISIONS AND STIPULATIONS AS SHOWN ON SUBDIVISION EXEMPTION NO. 1311-30-1 SE-860, RECORDED FEBRUARY 8, 2001 AT RECEPTION NO. 2824680. 11 TERMS, CONDITIONS, PROVISIONS AND STIPULATIONS AS CONTAINED IN USE BY SPECIAL REVIEW, USR 1293, WELD COUNTY, RECORDED FEBRUAR` 9, 2001 AT RECEPTION NO, 2824928. 12. DEED OF TRUST FROM ROY C. PATTON, MARGARET D. PATTON AND DAWN E. KANZLER TO THE PUBLIC TRUSTEE OF WELD COUNTY FOR THE USE OF WORLD SAVINGS TO SECURE A PRINCIPAL SUM OF $61,800.00 DATED JUNE 6, 2002 AND RECORDED JUNE 26, 2002 AT RECEPTION NO. 2964340 AND ANY AND ALL ASSIGNMENTS THEREOF. 13. EXISTING LEASES AND TENANCIES. ALTA Commitment Scnedule B-Section I I (040350128NFPFD/040350128NF/1) ;10/6/82) • • Stewart Title Guaranty Company ComrHtment Number: 040350128NF SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: LOT B, RECORDED EXEMPTION NO. 1311-30-1-RE 147, ACCORDING TO THE PLAT RECORDED APRIL 29, 1975 IN BOOK 737 AT RECEPTION NO. 1659247, BEING LOCATED IN THE NE1A OF SECTION 30. TOWNSHIP 2 NORTH. RANGE 67 WEST OF THE 6TH P.M.. WELD COUNTY, COLORADO. ALTA Commi(mer: Schedule C ,340350128NF PFDiG40350128NF/1) • • CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall ;nclude deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any detect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the exclusions from coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or carnage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. STEWAlel TITLF: GUARANTY COMPANY • • AEI 11111►►1111$011111111 II►11111111►►11111111E 2724768 10/05/1999 04:31P Meld County CO 1 1 of 1 R 5.00 0 19.80 JR Sukl Tsukameto Filed for record the day of ,A.D. 19_._, at o'clock N. ...tee RECORDER Reception No. B1 _ DEPOTT. WARRANTY DEED ,r;..ry-�9 THIS DEED, Made on this day of September 30,1999 between HAROL` ..ROBERTS AND GWENDOLYN ROBERTS of the Canty of WELD and state of Colorado of the Grantors), aro ROY C.PATTON AND MARGARET D.PATTON AND DAWN E.KANZLER whose legal address is : 7639 WCR IS.FORT LU?ION.CO 80621Rt the county of WELD and State of Colorado of the Grantee:.): WITNESS, That the Grantor(s), for and in consideration of the SIM of ( 6198000.00 •••One Hundred Ninety Eight Thousand and 00/100••• DOLLARS ' the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey end confirm into the Grantee(s), his heirs and assigns forever, all the reel property, together with ieprovements, if any, situate, lying and being in the _ County of • WELD and State of Colorado, described as follows; • LOT B.RECORDED E5(EMPfION NO.1311-30-1-RE 147,ACCORDING TO PLAT RECORDED APRIL 29,1975 IN BOOK 7)7 AT RECEPTION NO. 1659247.BEING LOCATED IN THEME 1/4 OP SECTION 30,TOWNSHIP 2.NORTH.RANGE 67 WEST OP THE 6TH P.M., WELD COUNTY.COLORADO. also c awn as street raster 7639 WCR 15,PORT LIPTON,CO 10621 TOGETHER with all and singular erd hereditament. and appurtenances thereto belonging, -Jr in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title interest, claim arid demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained premises, with the hared'taments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), his heirs and assigns forever. The Grantorlsl, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the emceeing and delivery of these presents, he Is welt 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 Lawful authority to grant, bargain, sell end convey :me same in manner and form as aforesaid, and that the some are free and clear from alt former end other grants, bargains, sales, liens, taxes, assessments, encutrances and restriction of whatever kind or nature soever, EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1999 AND SUBSEQUENT YEARS.AND SUBJECT TO THOSE EXCEPTIONS REFERRED TO IN TITLE INSURANCE COMMITMENT NO. PC197954 ISSUED BY LAND TITLE GUARANTEE COMPANY, The Grantor(.) shall and wilt WARRANT ,ND FOREVER OGIEND the above bargained premises In toe quiet and peaceable possession of the Grantee(s), ;As heirs and assigns, against all and every person or persons lawfully claiming the whom or any part thereof. The singular nutter shall include Inc plural, and the plural the singular, and the use of any gender shalt be applicable to all genders. IN WITNESS WHEREOF the Grant or(s', has executed this deed on the dace set forth above. HAROLD L.IGBERTS /-t.. 1-4') GWENDOLYN GWENDOLYN ROBERTS STATC Colorado )Ss. Jour ty of BOULDER ) ------ — The foregoing instrument was acknowledged before ice on 'Aim day of September 30. :999 oy HAROLD L.ROBERTS AND GWENDOLY °_7LLIC • My ness en hn d;aN es c is 1. Sir _.JRADO . / / / w'i tress ty hand and dHicat 1. My CommnseronE Joy ra,[W3 Notary Public air . If _ ' Name and Address of Perso Creating Reviv Created Legal Description ( 38-35-146.5, C.R.S.) 1 tat.oa M)197954 A " When Recorded Retu/n to: ROY C. PATTCN AID MARGARET 5. PARDN AND • I tr e4 RC14 P.795L DAWN E. YANor drl ibkaat 7630 1401 15 ; ,ogm N9. 932 Rev 4-94. WARRANTY DEED (lot P9otog•ephic Record) FLAT LUPTON CO 80621 Weld County, Colorado Page 1 of 2 • • . .. . ...- Weld County, Colorado !'[_. 1 % r I'` 1`4� i \ l 1� _ 52A711 - i i Ci8 �; M f 3, v II 1 E vrt Pwn S . . '' . .: it,il,. t.t? r q.t ?;- :••-,--4...:.4-#7^ :It ,•tt .t1 / 7i• .' ..�.'� ' 'i7. '.:1 ',-Kt r~. iY ' t•, iA'. ♦ {.' f r l J •-' .P + l :/. . .1� \ ,�i tic t•L tr.. .� i - i' *it` {tP r y.- y �i ! c tj,... J r r•�:•t- k, R H� tilqf . .;.1 ' 1I tp, t9 y 1(f�I'. • • 'E! t + • 1{ r -;�Tf M_a1./ "t< �rT Q V� . . T 1 3 1 A t.rai �� t .jp ' - if Y L r{ . ..1 le IOC- i e i•♦tL , 1 { r , • u. -• t .1,•:4-. .. 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Weld County, Cobrado • u ., �. � atonmaniusasoars;.5 Oft +.'' & ; http:!/maps.men-ick .contiservleti com.esri.esrimap.Esrimap?ServiceName=weldovr&Form=. .. 3/41 )u04 4 - • • ) iY"ttT f _ ,r",:t.n ).. .t. ) 4PR 1P I.,/r S��r .q}y I `� . i P•[. 1., 1�51z'S'7 ... NeaMr .rrd �1��YF.F£fY PT'? a'I 4:4 •' lUtfl.rrn lxb." I'M WIRER 1311-30-1-REI47 ' S t 6 24, 94 L0GAT)0N MSa RSCOKIIIIIR1 RIntt•It'r owahnv �m I. n n:.rFa rem 1. Rattan feat I "2000 WNt.Fs: T. F p tw.r yr FIRESTONE L.r s. 0 . j 9. T N 8.Dd LEGAL DF.c.'n LEGAL j E P N EV.W47 f fl That port 1, r t 6th Princli a 0N b •'+ -r .+•A, II,on a4.4ft,'lows: 'f f,ly Q,2N • ,Y J RCRln:lns l fF fff!!L`.GL o sold North. °" E k \\../ ,J - NorthHst I ,a .4 „y ••, west 2632.' 'o p{t�t... T of mild Se. rndn. A V 0ill P said North f"r + J' FREORICR of said Se. 1 thence alen e E. per— - T $, • Rp,I" portIon ml. e. _ Stale! 1"e p0• — I port Ions tI ) o L J II i .. I 4t, 4W C04.W'{1 Y•Cr.�O 1LI... T *174.0. (e60.fob .•l Cal.Yl'H 44c-r.rf0 f.g u . item• • ..tit So C. * ,. 4<614V4TsO.a i'00. 00.0.0.\0 +` • q O a t j 3 � 8 ' 680.0 1 e I d e�vc 7 FI I _ S 1 t.1 LOT A le ti^ ? r 15/.03 ogees i? W I NRARRT CI aka PRMARED U.• :.1 P Haw �p .. THAT 5ANC *P. O, LOT 17� HT Kinnl4 g 4 cwtrin rm ///]y�}� Rua coin ti - rwi v. • MORE WHICS. • G ; " ea ;' ? ARWE Tilt I nnk IFzr ; �. /� - - lIOR. 4 I. �� Pt�'' d Y b . �r. t A. .1 . mr, 43'W 249t':>9 Caserta. Sc-c.00 00 Scoot ••(:M eact o 4(C: A t!. NO•tt!'STI•I Se J}, Sheet I of 2 ' r • 4•R1 on.[14(1[1 Oa -. .�—._. /3 I{{t w4 A' g'-1 • ' . ; r . 4Y y :� 4 �4 ? • 6Nsl..45tr 4, F _ / 1W.n24'7,. 1 , RECOROEn mil3IPTION MIM">'R 1311-30—I—REI47 ;- t : .-^ F [ Sept.whor 24, 1974 OWNERS La I.. and M:•.,.;aret I, Russell Ill ci, e t • 1 � 1tot 4 C a 01. hYf:AI. pI SCN II"tION I. P 1 i That port ion of the N. beast Ornrter eI of State of 30, Tnwnshin a2 North, Range 67 Went of the .� In t 6th orinelpnl Mel-Wien County of Weld. State of Colorado, more paritrulnrl. described n. 4 •• `. - l'I Cal. follows: F 1 II Ind 3 NeR inntng'ri at the NorthQuarter n+tsou earner of said northeast feet•Qua ter;o thems• aloneast the r of line of ; R. 0 a- I -.v .4 amid Northeast ; Smith 0018'47" F 7t 2640.59 feet to the st corner of said Ntl•.24 al Quarter; thence along the East-Nest centerline of said Section South enterl51" • 1, 79 . West 9 feet to the center of said Section; thence along the North-with tSowth .:entene oe f i y,•� of said Section North ]8']7" Went 4 feet: thence parallel the North line of r ,_ 1 said Northeast Quarter Nest 330.00 feet: thence parallel with the North-South rented Inc ~ of said Section North ')8'77" West f90.00 feet to the North line of said Nor then et Quarter; o thence along nnid Nort' line Fast 2280.66 feet more or less to the POINT OF 8ET•INNINC I I L . SURII:CT TO \ 10.00 't wide reservation aervn[Inn for ,adwny along the Northerly and Masterly 1„,77;}f{ port Iona thereof. 1 - tlu ,v lie. Too I.. and Margaret I. Russell, being the �.. 15$ 9}} +he Role owners in fee of the shove described I Y I o property do subdivide sane as shown on the . � r.'1 II Attached map. ' � Lt Ii • 1 Ju rt Luteo_.! .----- ;t c h t 9 � fi.w H. Russell r as si gar I. Russell ,/ ,' II •. 'tell) t �1 - cI ` CP it 4li.• The foregoing cent if tut inn lealldl • 1 4 'Rita hrfore me thin tq.'i day of .4t97C `,i, f <A t. h p. My cmwiasion e pl e. /IA!• ^L+1J4—T-2 't` t 'r Witness my hand and moral. Al.., * E Notary Foal lc ,e' 54l 6•.: I NlRERT CERTIFY TILAT THIS 19.41 WA'; Th.: AC1714PANYIM. FIAT IS ACCEPTED AM) APPROVFO PRRPCRED UNDER MY SUFI.' 1S ION AND loft FILING. d- j THAT SANK IS CORRECT T III: REST OF MY KNOW1EIR;E ANT NF.I IM 1111RTIItF.x "V� CEETIFY THAT EACH Of THE CATS SW!WN NMg!/M Mr CONTAIN 40,000 SQUA FEET 06 I:har th :Z .tam Cassissinnere MORE WHICH LIES 5.00 FEET OR MURF. ATTEST COUNTY Ct ERRY _._ "k I 1•! SNOW. THE HIGHEST KNOWN rum ELEVA- Ear_ � /,' K �I Acti nN. • ' ward L. Reel r, ON Ill+tnr•d Iwnl ?• ,. 1 1,7 Surveyor, Colorado ReR, N, Iilg5] STAIR Of COLOnAtlO T _ .S .;• . D�V ! y0400 I-�4ce7s��Al 'Ip I v vino ,oI NcmWn cwt <? A TAI a01n r of act S LL { •4 5 � --A..,..1, ,215- t N !-..• APR 2 91915 t t•:'•. b I. * 10855 j ` 9 I tc OFCOtO�y� V + n .� — M. ' 0NotR i e sheet 1 u! 2 I + ._ 6r L-'..2'=4,C,1 / t1'I` , flee -1- �. 1 i + f]{ .' . st•f L, 4i • i.' . .. •MOOImI , •••••••.Lb.... 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I --- --'--'--' I I -•1'0.5.7''.1.wri.W..3.°Aiw.I.ao..;' ,f,w wII a n...MOO CS AI wwcaww Iwrrr. 1 r , ."Ms....*„..f„. - w pM1RbI !wMl.. •-'M ' I I if I I r aYlfi.r,r At ad....l YRMrr.'1GIwftll.nlc NO!Mk uv,vM:.txx- -� 1 I • AAA As...5•100?S re soma.rA'05 I .,.. .....� ._.-'-'(> e--fig [[ rK rAu+A.e CANVAS.ws.00.0.10 NM.. b rail.0i.i .. rcra 1,001,11.% I .T cf..ws11,w.T..as _- -—.-- • ' ._- --___-- • IL7IIS !3 RR..a4' , ,aur:•;: lose,T 0000-C..1.V TOO...w...sc. Y..A MAK vo».:.•• SOW UN Mix • TWAT re co...n°r.Tua 3.314,MS':.,•• vwrA`I u•..wwra[.a...,. %MIL TO 0030.0.....KM NOT Cawt.rt uT UOY•.04 MYO LP. V—0.,103 4 YM DAM,FlII.>�0�•a T w M 11.10,.''•P MK3 Kr: .I.AI Own.MM.010. IOW /C WA.MC-]Q �_ rW CO A3 MIX1 *.1r[ MMI MT 401-;LW. 0.00 JOIN'5 Wt[.w wet um.. 1St MM.M.I.4 MN.d xwn f0AU1f).,. v1 JO(%II•w,w••05 1(15wra a LA.(L DO CaMw0TO ITOR I. wM 0.1 O•;CO,.r 0•10C•EA 1.OM1 OUo 7•/Z•..M MOWN.Tf r4 Of•1 .r....•.LLW rtKA.(OM,3-01-10.(37{ h 1,/i a 0.K 0:000,..,[.u..0 wl.•ng n..l..o Te5 M Or ON w . •04.1 MC%TO Tr Ao.Y-100•-0 •Wf1• •IKAT•a T WA=• SAN 31'1130 S . KfNwrs.r.[14050.TOO•.yowl 05.,lT or. .00. un.m r0.•17, 5 O LEWD.IM, . o',IOW ,j .r . 4# ,a...r.w ,nn..0010-w+..,w.o.r m ac nen .f w. A..n 1045.. E'NC.ItifEN E ow4:.w1 Y M.f.I AMOY Was Moe!,w-,H31 'awe w MOS K. sr �. _ maw { ,0v..7'A-ar.wt.-1..1'.0333 /5 aussacwe,aasfww.s.. {..-7.0./.17/27:11 .. ..:3.7- 7..;. • 33..0-it,.W,1010.:1.,a Mir OT-0150,5 ,.: efY.+:tli • • RECORDING REQUESTED BY: WORLD SAVINGS BANK (11 WHEN RECORDED MAIL 10: WORLD SAVINGS CENTRAL PROCESSING CENTER CLOSING DEPARTMENT P.O. BOX 669648 SAN ANTONIO, TX 78265-9548 LOAN NUMBER: 0011893450 I 111111111111111IIIIIIIIIIIIIIIIIIIII 111111E Iii HE IL III lIIII liii��11 NOTE AMOUNT: 5143.000.00 2724709 10/06/1999 04:31P Meld County CO 1 of 14 R 70.00 D 0.00 JR SA Tsuksmoto FOR RECORDER'S USE ONLY ]'I-I DEED OF TRUST THIS IS A FIRST DEED OF TRUST WHICH SECURES A NOTE WHICH CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE, FREQUENCY AND AMOUNT OF PAYMENTS AND PRINCIPAL BALANCE (INCLUDING FUTURE ADVANCES AND DEFERRED INTEREST). AT LENDER'S OPTION THE SECURED NOTE MAY BE RENEWED OR RENEGOTIATED. THE MAXIMUM AGGREGATE PRINCIPAL BALANCE SECURED BY THIS DEED OF TRUST IS $178.750.00 WHICH IS 126% OF THE "NOTE AMOUNT". I. DEFINITIONS OF WORDS USED IN THIS DEED OF TRUST (A) Security Instrument. This Deed of Trust, which is dated SEPTEMBER 30, 1999, will be called the "Security Instrument" (BI Borrower. ROY C PATTON AND MARGARET D PATTON. HUSBAND AND WIFE, AND DAWN E KANZLER, AN UNMARRIED WOMAN sometimes will be called "Borrower' and sometimes simply "I" or "me • • IC) Lender. WORLD SAVINGS BANK, A FEDERAL SAVINGS BANK " " " " " " " » " » " " » " » " " " " , ITS SUCCESSORS AND/OR ASSIGNEES, will be called "Lender" Lender is A FEDERAL SAVINGS BANK " " " " " " which is organized and exists under the laws of the United States. Lender's address is 1901 HARR ISON STREET, OAKLAND, CALIFORNIA 94612. (D) Note. The note signed by Borrower and having the same date as this Security Instrument will be called the "Note" The Note shows that I owe Lender the original principal amount of U.S. $143,000.00 "Note Amount"), plus accrued and deferred interest and such other amounts as stated in the Note. I have promised to pay this debt in monthly payments and to pay the debt in full by OCTOBER 15, 2029. (E) Property. The property that is described below 'n Section III entitled "Description of the Property" will be called the 'Property.' IF) Sums Secured. The amounts described below in Section ll entitled 'Oorrowers Transfe' of Rights in the Property" sometimes will be called the 'Sums Secured.` (G) Person. Any person. organization, governmental authority or other party viol be called "Person"4grsliiLAND,,iE I) II IIII II.r ' '19 ;'[ 'x l" ; ';'/ 0 0 3 50004A1 ".�].39,1.99)AOv- Pegs I CO 01_2.1,9_IN TEPEES' DEED 0' re115''A:'JJSrAaI I ` LINDER'S ESE DFII _-� • i • 1111111111111111 III► 31 III 1111111 III 11111 It IHI 2724769 100/05/1999 04:31P Weld County CO 2 of 14 R 70.00 D 0.00 JR Sukl Teukamete 0011893450 (HI Trustor, Beneficiary, Trustee, Borrower is the "Truster," Lender !s the "Ben, ciary" and the Public Trustee of WELD County, s the 'Trustee." II. BORROWER'S TRANSFER OF RIGHTS IN THE PROPERTY I irrevocably grant and convey the Property to the Trustee, in trust for Lender, with a power of sale subject to the terms of this Security Instrument. This means that, by signing this Security Instrument, I am giving Lender and Trustee those rights that are stated in this Security Instrument and also those rights that the law gives to lenders who are beneficiaries of a deed of trust and to trustees or e deed of trust. I an, giving Lender and Trustee these rights to protect Lender from possible Asses that might result if I fail to: (i) pay all amounts owed to Lender under the Note and all other notes secured by this Security Instrument, called the 'Secured Notes," including future advances made by Lender and any changes to the Secured Notes made with the written corsent of Lender, Iii) pay, with interest, any amounts that Lender spends under Paragraphs 2 and 7 below to protect the value of the Property and Lender's rights in the Property, and nil keep all of my other promises and agreements under this Security Instrument, the Secured Notes and any changes to the Secured Notes made with the written consent of Lender. III. DESCRIPTION OF THE PROPERTY I give Trustee rights in the Property described below iii The properly which is located at 7639 WCR 15. FT LUPTON, CO 80621 . * * * * * * * * * * * , * * * * * * * * * * * * The legal description of the Property is attached as Exhibit "A' which is made a part of this Security Instrument. This Property is called the "Described Property." (ii) All buildings and other improvements that are located on the Described Property, Oil) All rights in other property that I have as owner of the Described Property. These rights are known as easements, rigi'ts and appurtenances attached to the Property, All rents or royalties and other income from the Described Property, (v) All mineral, oil and gas rights and profits, water rights anc' stock that are part of the Described Property; (vii All rights that I have in the land which lies in the streets or roads in front of, behind or next to, the Described Property: (viil All fixtures that are now or in the future will be on the Described Property or on the property described in subsection (ul of this Section; Iviiil All of the rights and property described in subsections lit) through hell of this Section that I acquire in the future: (ix) All replacements of or additions to the oroperty described in subsections hi through (vial of this Section: and Ixl Ail of the amounts that I pay to Lender under Paragraph 2 below. IV. BORROWER'S RIGHT TO GRANT A SECURITY INTEREST IN THE PROPERTY AND BORROWER'S OBLIGATION TO DEFEND OWNERSHIP OF THE PROPERTY I promise that (i) I lawfully own the Property; (iii I have the right to grant and convey the Property to Trustee: and (iv) there are no outstanding claims, charges, liens or encumbrances against the Property. except I r,r those which are of pubic record. I give a general warranty of title tc u.ender. This means that I vnli be fully responsible tor any losses which Lender suffers because someone other that myself and the Trustee has some of the rights in the Property which I promise that I have I promise that I will defend my ownership of the Property against any claims of such. r9 .ts. S000+a a mea;isvi na¢ .:ao or nus +o cs-•a.. • 1111111111311111101111111101111 HI 11111 H01O1 2724759 10/05/1999 04:31P Weld County C0 3 a 14 R 70.00 0 0.00 JA Sukl Teukameto 001 1893450 COVENANTS I promise and I agree .vlth Longer as follows. 1. BORROWER'S PROMISE 'f0 PAY I will pay to Lender, on time, all principal and interest due ✓nder the Secured Notes and any prepayment and late charges due under the Secured Notes 2. PAYMENTS FOR TAXES AND INSURANCE (A) Borrower's Obligations I will pay all amounts necessary to pay taxes and hazard insurance premiums on the Property as well as assessments, leasehold payments, grouno rents or rnor'gage insurance premiums (if any). (B) Escrow Accounts Subject to applicable law, no escrow shall be required except upon written demand by Lender, in which case, I shall pay to Lender on the day payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes, penalties and assessments which may attain priority over this Security Instrument as a lien on the Property: (b) yearly leasehold payments or ground rents on the Property. it any: lc) yearly hazard or property insurance premiums; Id) yearly flood insurance premiums, if any: and !el yearly mortgage insurance premiums, :f any. These items are called "Escrow Items." Lender may. at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for an escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to. time, 12 U.S.( §- 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount lit so, Lender may, at any time, collect and hold Funds in ar amount not to exceed the lesser amount Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items in accordance with applicable raw. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge me for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays me interest on the Funds and/or applicable law permits Lender to make such a charge. However. Lender may require me to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable lam provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay me any interest or earnings on the Funds. Lender shall give to me, without charge. an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made The Funds are pledged as additional security for all sums secured by this Security Instrument If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to me for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify me in writing, and, in such case I shall pay to Lender the amount necessary to make up the deficiency or shortage. I sirs., make up the deficiency or shortage in accordance with the 'equirements of the Lender, ar ''ts sole discretion, in the manner and times prescribed by RESPA. Upon payment yr full of all sums secured by this Security Instrument, Lender shall promptly refund to me any Funds held oy Lender. If, under paragraph 20. Lender shall acquire or se the Property, Lender, prior to the acquisitic n or sale of the Property, shall apply any Funds -aid by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument dill/ 9 10 05/ 99 04:31 ►fl Weld County ty 2724769 10/0S/3999 04:33P held County CO 4 of 14 R 70.00 0 0.00 JR Sukt Tsukameto 00 1 18934 50 3. APPLICATION OF BORROWER'S PAYMENTS I•I • 3 / Unless the law requires otherwise, Lender will apply each o' my payments under the Secured Notes and under Paragraphs I and 2 above in the oft wing order and 'or the following purposes: First, to pay prepayment charges due rder the Secured Notes: Second, to pay any advances due to Lender under this Security Instrument. Third, to pay the amounts due to Lender under Paragraph 2 above; Fourth, to pay interest due under the Secured Notes; Fifth, to pay deferred interest due under the Secured Notes; Sixth, to pay principal due under the Secured Notes; Last, to pay late charges due under the Secured Notes. 4. BORROWER'S OBLIGATION TO PAY CHARGES, ASSESSMENTS AND CLAIMS I will pay all taxes, assessments and any other charges and fines that may be imposed on the Property and that may be superior to this Security Instrument. I will also make payments due under my lease if ' am a tenant on the Property and I will pay ground rents lif- any) due on the Property. I will pay these amounts either by making the payments to Lender that are described in Paragraph 2 above or by making the payments on time to the Person owed them. Any claim, demand or charge that is made against property because an obligation has not been fulfilled is known as a lien. I will promptly pay or satisfy all liens against the property that may be superior to this Security Instrument However, this Security Instrument does not require me to satisfy a superior lien if: (Al I agree, in writing, to pay the obligation which gave rise to the superior lien and Lender approves in writing the way in which I agree to pay that obligation, or (B) in good faitn. I argue or defend against the superior lien in a lawsuit so that, during the lawsuit, the superior lien may not be enforced and no part of the Property must be given up; or ICI secure from the holder of that other lien an agreement, approved in writing by Lender, that the lien of this Security Instrument is superior to the lien held by that Person. If Lender determines that any part of the Property is subject to a superior lien, Lender may give-to-me a notice identifying-the superior lien: I will pay or satisfy the superior lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. BORROWER'S OBLIGATION TO MAINTAIN INSURANCE At my sole cost and expense, I will obtain and maintain hazard insurance to cover all buildings and other improvements that now are o- in the future will be located on the Property. The insurance must cover loss or damage caused by fire, hazards normally covered by "extended coverage" hazard insurance policies and other hazards for which Lender requires coverage. The insurance must be in the amounts and for the periods of time required by Lender. I may choose the insurance company but my choice is subject to Lender's approval Lender may not refuse to approve my choice unless the refusal is reasonable. All of these insurance policies and renewals of the policies must include what is known as a Standard Mortgagee Clause to protect Lender. The form of all policies and renewals must be acceptable to Lender Lender will nave the right to hold the policies and renewals. If Lender requires. I will promptly give Lender al, receipts of paid premiums any- renewal notices that I receive. If I obtain earthquake insurance, any other hazard insurance, credit life and/or disability insurance, Or any- other insurance- on. or relating. to tha Property. or the Secured Notes and which are not specifically required by Lender. I will name Lender as loss payee of any proceeds if there is a loss or damage to the Property, I will promptly notify the proper insurance company and Lender. If I do no: promptly prove to the insurance company that the loss or damage occurred, then Lender may do so The amount paid by the insurance company is called "Proceeds." Any Proceeds received will be applied first to reimburse Lender for costs and expenses incurred in connection wi:n obtaining the Proceeds, and then, at Lenders option and in the order and proportion as Lende' may determine in its sole and absolute discretion, regal uiess of any impairment or lack of impairment of security, as follows- IAI to the extent allowed by applicable law, to the Sums Secured in a manner that Lender aetermires and/or IS) to the payment of costs and expenses of necessary repairs or to the restoration of the Property to a condition satisfactory to Lender, such application to be made in the manner and at the times a.; determined by Lender. (41.42.999)•-9dI A3:1, I / r'1 gags III • 1111111111111111111111111►►11II►Illllil II►111111011111 2724789 10/05/1199 04131P Mold Caunly CO 5 of 14 R 70.00 0 0.00 .19 Sold Taukoeeto 0011893450 p/ If I abandon the Property or if I do not answer, within 30 days, a notice fromLender stating that the insurance company has offered to settle a claim, Lender may collect the Proceeds. Lender may use the Proceeds to repair or restore the Property or tc pay the Sums Secured. The 30-day period will begin when the notice is given. If any Proceeds are used to reduce the amount of principal which I owe to Lender under the Secured Notes, that use will not delay the due date or change the amount of any of my monthly payments under the Secured Notes and under Paragraphs ' and 2 above. However, Lender and I may agree in writing to delays or changes. If Lender acquirer the Property under Paragraph 27 below, all o£ my rights in the insurance policies will belong to Lender. Also, all of my rights in any proceeds whicn are paid because of damage that occurred before the Property is acquired by Lender or sold will belong to Lender. However, Lender's rights in those proceeds will not be greater than the Sums Secured immediately before the Property ,s acquired by Lender or sold. If I am required by Lender to pay premiums for mortgage Insurance, I will pay the premiums until the requirement f or mortgage insurance ends according to my written agreement with Lender or according to law. 6. BORROWER'S OBLIGATION TO MAINTAIN THE PROPERTY AND TO FULFILL ANY LEASE OBLIGATIONS ! will keep the Property in good repair. I will not destroy or substantially change the Property and I will not allow the Property to deteriorate. I will keep and maintain the Property in compliance with any state or federal hazardous materials and hazardous waste laws I will not use, generate, manufacture or store any hazardous materials or hazardous waste on, under or about the Property. I will indemnify, defend and hold harmless Lender and its employees, officers and directors and their successors from any claims, damages or costs for required or necessary repair or the removal of hazardous waste or any other hazardous materials claim. If I do not own but ant a tenant on the property, I will fulfill my obligations under my lease I also agree that, if 1 acquire the fee title to the Property, my lease interest and the fee title will not merge unless Lender agrees to the merger in writing. 7. LENDER'S RIGHT TO PROTECT ITS RIGHTS IN THE PROPERTY If (A) I do not keep my promises and agreements made in this Security Instrument, or (BI someone, including me, begins a legal proceeding that may significantly affect Lender's rights in the Property (such as a legal proceeding in bankruptcy, in probate, for condemnation or to enforce laws Cr regulations), then Lender may do and pay for whatever is necessary to protect the Lender's rights in the Property Lender's actions may include appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Lender must give me notice before Lender may take any of tnese actions. Although Lender may take action under this Paragraph 7, Lender does not have to do so. Any action taken by Lender under this Paragraph 7, will not release me from my obligations under this Security Instrument I will pay to Lender any amounts which Lender advances under this Paragraph 7 with interest, at the interest rate in affect under the Secured Notes which have not been paid. I will pay those amounts to Lender when Lender sends me a notice requesting that I do so. Interest on each amount will begin to accrue on the date that the amount is advanced by Lender. However, Lender and I may agree in writing to terms that are different from those in this Paragraph 7. This Security Instrument will protect Lender in case I do not keep this promise to pay those amounts with interest 8. LENDER'S RIGHT TO INSPECT THE PROPERTY Lender, and others authorized by Lender, may enter upon and inspect the Property. They must do so in a reasonable manner and at reasonable times. Before or at the time an inspection is made, Lender must give me notice stating a reasonable purpose for the inspection 9. AGREEMENTS ABOUT GOVERNMENTAL TAKING OF THE PROPERTY I assign to Lender all my rights: (Al to proceeds of all awards or claims for damages resulting from condemnation, eminent domain or other governmental taking of all or any part of the Property; and (81 to proceeds from a sale of all or any part of The Property that is made to avoid condemnation, eminent domain or other government taking of the property. All of those proceeds will be pad to Lender ✓SDD,y��)C 4E I 1:`.a:99.''9-91/A'J/4F� nEEJ :: 'pus NDJusrABLE __ /M� 0 Anal 111111 IIII 1111111 III 1111111 III IIIII IIII IIII 2724709 10/07/1999 04:31P Meld County CO $ of 14 R 70.00 0 0.00 JA Sukl Tsukemoto 0011893450 If all of the Property is taken, the proceeds will be used to reduce the Sums Secured. If any of the proceeds remain after the amount that I owe to Lender has been paid in full, me remaining proceeds will be paid to me. Unless Lender and ! agree otherwise in writing, if only a part of the Property is taken, the amount that I owe to Lender will be reduced only by the amount of proceeds multiplied by the following fraction IA) the total amount of the Sums Secured immediately before the taking, divided by (BI the fair market value of the Property immediately before the taking. The remainder of the proceeds will be paid to me. If I abandon the Property or if i do not answer, within 30 days, a notice from Lender stating that a governmental authority has off ered to make a payment or to settle a claim for damages, Lender has the authority to collect the proceeds. Lender may then use the proceeds to repair or restore the Property or to reduce the Sums Secured The 30-day period will begin when the notice is given If any proceeds are used to reduce the amount of principal which I owe to Lender under the Secured Notes, that use will not delay the due date or change the amount of any of my monthly payments under the Secured Notes and under Paragraphs 1 and 2 above. However, Lender and I may agree in writing to delays or changes. 10. CONTINUATION OF BORROWER'S OBLIGATIONS AND OF LENDER'S RIGHTS (A) Borrower's Obligations !.ender may allow a Person who takes over my rights and obligations subject to this Security Instrument to delay or to change the amount of the monthly payments of principal and interest due under the Secured Notes or under this Security Instrument Even if Lender does this, however, that Person and I will both still be fully obligated under the Secured Notes and under this Security Instrument Lender may allow those delays or changes for a Person who takes over my rights and obligations, even if Lender is requested not to do so. Lender will not be required to bring a lawsuit against such a Person,for not fulfilling obligations under the Secured Notes or under this Security Instrument, even if Lender is requested to do so. (B) Lenders Rights' Even if Lender Does not exercise or enforce any of its rights under this Security Instrument or under the law. Lender will still have all of those rights and may exercise and enforce them in the future. Even if Lender obtains insurance, pays taxes, or pays other claims, charges or liens against the Property, Lender will nave the right under Paragraph 27 below to demand that I make immediate payment in full of the amounts that I owe to Lender under the Secured Notes and under this Security Instrument. '•1. OBLIGATIONS OF BORROWER AND OF PERSONS TAKING OVER BORROWER'S RIGHTS OR OBLIGATIONS Any Person who takes over my rights or obligations under this Security Instrument will have all of my rights and will be obligated to keep all of my promises and agreements made this Security Instrument Similarly, any Person who takes over Lender's rights or obligations under this Security Instrument will have all of Lender's rights and will be obligated to keep all of Lender's agreements made in this Security instrument If more than one Person signs this Security Instrument as Borrower each of us is fully obligated to keep all of Borrower's promises and obligations contained in this Security Instrument Lender may enforce Lender's rights under this Security Instrument against each of us individually or against all of us together This means :hat any one of us may be required to pay all ' the Sums Secured 12. MAXIMUM LOAN CHARGES if the loan secured by this Security Instrument is subject to a aw which sets maximum loan charges and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed permitted 1emits, then- (A) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limits and (RI any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund oy reducing the principal owed under the Secured Notes or by making a,direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Secured Notes. s ar io':).99'1 991 Ge )FFO OF rAus'r'Au usrAr.F CC Pege l�1 }p • • 1111111111111111111111111111111111111111111111101101 2724789 10/05/1999 04:31P Meld County CO 7 of 14 R 70.00 0 0.00 JR Sukl Tsakameto 0011893450 13. LEGISLATION AFFECTING LENDER'S RIGHTS If a change .n applicable law would make any provision of the Secured Notes or this Security instrument unenforceable, Lender may eouiro that I make mmediate payment in- full of ail Sums Secured by this Security Instrument. 14. NOTICES REQUIRED UNDER THIS SECURITY INSTRUMENT Any notice that must be given to me under this Security Instrument will be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method The»notice will ebe addressed to-me at 7639-WCR 15,-FT LUPTON, CO 80621 . A notice will be given to me at an alternatise address if g ve Loader a no.ice of my alternative address. I may designate only one mailing address at a. time for notification purposes. Any notice that must be given to Lender under this Security !nstrument wIl be given dy mailing it by first class ma, to Lender's address stated in Section t(C) above entitled, "Definitions of Words Used In This Deed of Trust," unless Lender gives me notice of a different address. Any notice required by this Security Instrument is given when it is mailed or when it is delivered according to the requirements of this Paragraph 14 or of applicable law. 15. GOVERNING LAW; SEVERABILITY This Security Instrument and the Secured Notes shall be governed by and construed under federal law and federal rules end regulations Including those for federally chartered savings institutions, called "Federal Lew." In the event that any of the terms or provisions of this Security Instrument or the Secured Notes are interpreted or construed by a court of competent jurisdiction to be void, invaiid or unenforceable, such decision shall affect only those provisions so construed or interpreted and shall not affect the remaining provisions of this Security Instrument or the Secured Notes. 16. BORROWER'S COPY I acknowledge the receipt of one conformed copy of the Secured Notes and of this Security Instrument 17. LENDER'S RIGHTS TO RENTAL PAYMENTS AND TO TAKE POSSESSION OF THE PROPERTY If Lender requires immediate payment in full or if I abandon the Property, then Lender. Persons authorized by Lender, or a receiver appointed by a court at Lender's request may: (A) collect the rental payments, including overdue rental payments, directly from the tenants; (B), enter upon and take possession of the Property; IC) manage the Property; and ID) sign, cancel and change rental agreements and leases. If tender notifies the tenants that Lender has the right to collect rental payments directly from them under this Paragraph 17, I agree that the tenants may make those rental payments to Lender without having to ask lil Lender whether I have failed to keep my promises and agreements under this Security Instrument, or Iii) me for my permission to do so. It Lender acts to have the Property sold after a Breach of Duty as defined in Paragraph 27, I understand and agree that (Al my right to occupy the Property ceases at the time the Property is sold; (8) I shall have no right to occupy the Property after such sale without the written consent of the new owner of the Property; and IC) my wrongful and unlawful possession of the Property may subject me to monetary damages, including the loss of reasonable rent and the cost of eviction. All rental payments collected by Lender or by a receiver, other than the rent paid by me under this Paragraph 17, will be used first to pay the costs of collecting rental payments and of managing the Property. If any part of the rental payments remains after those costs have been paid in full, the remaining part will be used to reduce the Sums Secured The costs of managing the Property may include the receiver's fees reasonable attorneys' fees and the costs of any necessary bonds. 18. INJURY TO PROPERTY; ASSIGNMENT OF RIGHTS An assignment is a transfer of rignts to another i may have rights to bring legal action against persons. other than Lender, for injury or damage to the Property o• in connection with the loan made to me by Lender and which arose or will arise before or after the date of this Security Instrument These rights to bring legal action may include an act'.on for breach of contract, fraud concealment of a material fact or for intentional or negligent acts. I assign these rignts and any proceeds arising from 'hese rights, as permitted by Cc e • 1111111111111111111011111111 I I 11111111 I I I11111 i n I I l l 2724789 10/85/1999 04:31P Weld County CO 8 of 14 R 70.00 0 0.00 JA Suki Teukamote 0011893450 iti applicable law, to Lender. Lender may, at its option, enforce these rights in its own name and may apply any proceeds resulting from this assignment to any amount that ; may owe to Lender under the Note and this Security Instrument after deducting any expenses, including attorneys' fees, incurred in enforcing these rights. At the request of Lender, I will sign any further assignments or other documents that may be necessary to enforce this assignment 19. CLERICAL ERRORS In the event Lender at any time discovers that this Security Instrument, the Secured Notes or any other document related to this loan, called collectively the "Loan Documents," contains an error which was caused by a clerical mistake, calculation error, computer error, printing error or similar error, I agree, upon notice from Lender, to reexecute any Loan Documents that are necessary to correct any such error(s) and I also agree that I will not hold Lender responsible f or any damage to me which may result from any such error. 20. LOST, STOLEN OR MUTILATED DOCUMENTS If any of the Loan Documents are lost, stolen, mutilated or destroyed and Lender delivers to me an indemnification in my favor, signed by Lender, then I will sign and deliver to Lender a Loan Document identcal in form and content which will have the effect of the original for all purposes. 21. WAIVER OF STATUTE OF LIMITATIONS I will waive, within applicable law, the pleading of the statute of limitations as a defense to enforce this Security Instrument, including any obligations referred to .n this Security Instrument or Secured Notes: 22. CAPTIONS The captions and headings at the beginning of each paragraph of this Security instrument are for reference only and will not be used in the interpretation of any provision of this Security Instrument 23. MODIFICATION This Security Instrument may be modified or amended only by an agreement in writing signed by Borrower and Lender. 24. CONDOMINIUM, COOPERATIVE AND PLANNED UNIT DEVELOPMENT OBLIGATIONS If the Property is a unit in a condominium, cooperative or planned unit development, each of which shall be called the "Project," and I have an interest in the common elements of the Project, then Lender and I agree that (A) if an owners association or other entity, called "Owners Association," holds title to Property for the benefit or use'or the Project and its members or shareholders, the Property also includes my interest in the Owners Association and the uses, proceeds and benefits of my merest (B) The following are called the 'Constituent Documents.' ill The declaration or any other document which created the Project; Iii) By-laws of the Owners Association, liiil Code of regulations for the Project, (iv; Articles of incorporation, trust instrument or equivalent document which creates the Owners Association; Iv) The Project's covenants, conditions and restrictions; lvi) Other equivalent documents. I shall perform all of my obligations under the Constituent Documents, including my obligation to pay, wnen due, all dues and assessments. If I do not pay the dues and assessments when due. Lender may. at its option, pay them I will pay to Lender any amounts which Lender advances under this Paragraph 24 according to the terms described 'in Paragraph 7 above. (C) If the Owners Association maintains, with an insurance company reasonably acceptable to Lender. a master or blanket policy on the Project which is satisfactory to lender and which provides insurance coverage on the terms in the amounts, for the periods, and against :he hazards Lender requires, including fire and hazards included within the term "extended coverage." and Lender is provided with evidence of such master or blanket policy, then (i) Lender waives the provision in Paragraph 21Bi above for the monthly payment to Lender of the estimated yearly premium installments for hazard insurance on the Property; and Ili) hazard insurance coverage on the Property as required by Paragraph 5 above is deemed to be satisfied to the extent that the required coverage �'s provided by the Owners Association policy. I shall give Lender prompt notice of any lapse in the required hazard insurance coverage. I shall provide a copy of such master or blanket policy to Lender annually. 'l .0,.02.99 591 A0.' .,E. Oi 9L5' AC1LSTAtl'_E ., Pep 9 i lull 011111111111110 1111►1111111110111111111►1►12724769 1 /05/1999 04:31P Weld County 111► 9 of 14 R 70.000 0.00 J8 Sold 'Nekton* 0011893450 In the event of a distribution of hazard insurance proceeds in bet. of restoration or repair following a loss to the Property, whether to the unit or to common elements, any proceeds payable to me are hereby assigned and shz,l be paid to Lender for application to the Sums Secured by this Security Instrument, with any excess pain to me. I shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable to Lender in form, amount and extent of coverage. ID) I shall not, except after notice to Lender and with Lenders prior written consent, either partition or subdivide the Property or consent to; li) the abandonment or termination of the Project, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of condemnation, eminent domain or other governmental taking; liil any amendment to any provision of Constituent Documents unless- the provision is for the express benefit of Lender or of lenders generally; (iii) termination of professional management and assumption of self-management of the Owners Association; or (iv) any action which would have the effect of rendering the master or blanket hazard insurance policy and/or the public liability insurance coverage maintained by the Owners Association unacceptable to Lander. 25, FUTURE ADVANCES At Borrower's request, Lender, at its option (but before release of this Security Instrument or the full reconveyance of the Property described in the Security Instrument' may lend future advances, with interest, to Borrower. Such future advances, with interest, will then be additional Sums Secured under this Security Instrument. 26. AGREEMENTS ABOUT LENDER'S RIGHTS IF THE PROPERTY IS SOLD OR TRANSFERRED Acceleration of Payment of Sums Secured. Lender may, at its option, require immediate payment in full of all Sums Secured by this Security Instrument if all or any part of the Property, or if any right in the Property, is sold or transferred without Lender's prior written permission. Lender also may. at its option, require immediate payment in full if Borrower is not a natural Person and a beneficial interest in Borrower is sold or transferred without Lender's prior written permission. However, Lender shall not require immediate payment in full if this is prohibited by Federal Law in effect on me date of the Security Instrument. If Lender exercises the option to require immediate payment in full, Lender will give me notice of acceleration If I fail to pay all Sums Secured by this Security Instrument immediately. Lender may then or thereafter invoke any remedies permitted by this Security Instrument without further notice to or demand on me. Exception to Acceleration of Payment of Sums Secured. If the sale or transfer of ail or any part of the Property, or of a beneficial interest in Borrower, if Borrower is not a natural Person, is the first one to occur after the date of this Security Instrument, Lender will not exercise the option to accelerate payment in full of all Sums Secured and the loan may be assumed if; Ii) Lender receives a completed written application from transferee to evaluate the creditworthiness of transferee as if a new ioan were being made to the transferee by Lender; (ii) Lender approves the creditworthiness of the trars'eree in writing; transferee makes a cash downpayment sufficient to meet Lenders ;Pen current underwriting standards; livl an assumption fee, in an amount to be determined by Lender (but not to exceed 1% of the balance of principal and interest due under the Secured Notes at the time of sale or transfer of the Property or of the interest in the Borrower) is paid to Lender, and vl the transferee executes an assumption agreement which is saticfactory to Lender. The loan may be assumed under na then ex,sting terms and conditions with one exception, the Lifetime Rate Cap may be changed The Lifetime Rate Cap shall be changed to an interest rate which is the sum of Me interest rate in effect on the date of a sale or transfer of the Property or beneficial interest in Borrower plus 5 percentage pants. if that sum exceeds the Lifetime Rate Cap stated in the Secured Notes. so^a4iI: J299n-,5 Aou DFEO 3,—PU5 acJU5—AELE c0 I 11111111111111111 till-uFIIEIL 1111111 11111111111 IF 2724169 10/03/1999 04:31P Nold County CO 19 of 14 R 70.00 0 0.00 JR told Tsukenelo 0011893450 27. RIGHTS OF THE LENDER IF THERE IS A BREACH OF DUTY I It will be called a "Breach of Duty" if CO I do not pay the full amount of each monthly payment on the date it is due; or (iil ; fail to perform any of my promises or agreements under the Note or this Security Instrument; or liiil any statement made in my application for this loan was materially false or misleading or if any statement in my application for this loan was materially false or misleading by reason of my omission of certain facts; or (iv) I have made any other statement to Lender in connection with this loan that is materially false or misleading. If there is a Breach pf Duty by me. Lender may demand an immediate payment of all sums secured. If there is a Breach of Duty by me, the Lender may take action to have the Property sold under any applicable Federal Law, rule or regulation and, where Federal Law is not applicable, under the law of the state where the Property is located, rdhich will be caked the "Applicable Law." Lender does not have to give me notice of a Breach of Duty unless notice is required by Applicable Law. If Lender does not make a demand for full payment ,pon a Breach of Duty, Lender may make a demand for full payment upon any other Breach of Duty. If there is a Breach of Duty, Lender may also take action to have a receiver appointed under the Applicable Law to collect rents from any tenants on the Property and to manage the Property. The action to appoint a receiver may be taken upon ex parte application, and w Ihout prior notice to me, notice being expressly waived by me, and regardless of the value of the Property the sale of the Property may be postponed by or at the direction of Lender except as limited or prohibited by the Applicable Law. If the Property is sold under the Applicable Law, I agree that it may be sold in one parcel. I also agree that Lender may add to the amount that I owe to Lender all legal fees, costs, allowances, and disbursements incurred as a result of the action to sell the Property, except to the extent that the Applicable Law limits or prohibits any such charges. Lender will apply the proceeds from the sale of the Property in the following order (Al to all fees, expenses and costs incurred in connection with the sale, including trustees' and attorneys' fees, if any; (B) to all Sums Secured by this Security Instrument and (CI any excess to the Person or Persons legally entitled tc it 28. LENDER'S OBLIGATION TO DISCHARGE THIS SECURITY INSTRUMENT When Lender has been paid all of the amounts secured by this Security Instrument, Lender shall release or cancel this Security instrument and I will pay all costs incurred 29. STATEMENT OF OBLIGATION To the extent allowed by law, I will give Lender a fee for furnishing any statement of obligation with respect to this Security Instrument or the Secured Notes. 30, WAIVER OF HOMESTEAD My right to any applicable homestead exemption in he Property ;s waived. 31. RIDERS TO THIS SECURITY INSTRUMENT if one or more riders are executed by Borrower and recorded together with tr'.s Security Instrument, the covenants and agreements of each such ride- shall be incorporated into and shall amend and supplement the covenants and agreements of this Security =utrument as if the riderls) were a part of this Security Instrument 50"J O1.02 96., 991 A04< 'AFC CF'PJST-A"`,JS'A3LE • • • 111111111111111111111111111111111111111111111111111111 2724759 10/09/1999 04:31P Weld County C0 11 of 14 R 70.00 D 0.00 JA 9uk1 Tsukanto 0011893450 31. QUICK QUALIFYING LOAN PROGRAM I have qualified for this loan by making statements of fact which were relied upon by Lender to approve the loan rapidly. This loan is called a "Quick Qualifying Loan" I have stated and I confirm that (Al I do not have any other Quick Qualifying Loans with Lender; (91 I have agreed to not further encumber the Property and do not intend to further encumber the Property for at least six months after the date of the Secured Notes and this Security Instrument; and IC) If I am purchasing the Property, all of the terms of the purchase agreement submitted to Lender are true and the entire down payment is cash from my own funds. If- any of the statements of fact that I have made are materially false or misleading, I will be in default under the Secured Notes and this Security Instrument. If I. am in such default, Lender may, at its option increase the interest rate and margin subject to the Lifetime Rate Cap stated in the Secured Notes. 32. OWNER OCCUPANCY Lender has relied upon statements of tact which I have made to qualify for this loan. have stated and confirm that (A) the Property is my personal and primary residence; IS) I will occupy the Property not later than 30 days after this Security Instrument is recorded; and ICI I will use the Property as my residence for at least 12 months from the date this Security Instrument is recorded. If any of the statements of fact that I have made are materially false or misleading, I will be in default under the Secured Notes and this Security Instrument If I am in such default, Lender may, at its option, increase the interest rate and margin, subject to the Lifetime Rate Cap stated in the Secured Notes. THIS SPACE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS. 5Lu�ot 10 Vii.39..-991•041. '.E. _. �JC'AJL�S'4F:."c 'C ✓y/I .ter. II • Huy 111111 uil llllllulu llllul Ill 111111111 Ili 2724769 10/09/1999 04:31P Meld County CO 12 of 14 R 70.00 D 0.00 JR Sukl Toukometo 0011893450 BY SIGNING BELOW, I accept and agree to the promises and agreements contained in this Security Instrument and in any ,rder(s) signed by me and recorded in p.oper ottical records. (PLEASE SIGN YOUR NAME EXACTLY AS IT APPEARS BELOW) BORROWERS;: (Seal) C PA 0 •' /✓ G2//� �r_r.C '_—_ (Seal) MAR[GAARE/! D PATTON (Seal) D N E KANZLE -- - (Seal) • (Seal) ISeall ATTACH INO IV IDUAL NOTARY ACKNOWLEDGEMENT SDJ04M, 1'91..2.93"-39: A,:4,. DUO 0[ 'MLST-♦D T.M1BLE ..� •2 i • • STATE OF COLORADO) COUNTY OF BOO_DER)ss THE FOREGOING INSTRUMENT WAS ACKNOWLEDGE: BEFORE ME THIS 30TH DAY uF SEPTEMBER, 1999, BY ROY C. PATTON AND MARGARET D. PATTON AND PAWN E. KANZLER WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: 7 ,15 7:2-O / CATHY A. GRO I �;�fy. NOTARY PUBLIC VARY PUBLIC J 91A.TF OF COLORADO My OumMsaun Esp'ec July 23.2003 1111111111111111111111111111 III 1111111111111111111 Ili! 2724709 10/09/1999 04:3W Weld County CO 13 of 14 R 70.00 D 0,00 JA Suitt t.ukoeoLo • • WORLD SAVINGS EXHIBIT "A" LEGAL DESCRIPTION LOAN NO. 0011893450_____ ALL THAT CERTAIN RE,A!. PROPERTY SITUATED IN THE COUNTY OF WELD STATE OF COLORADO " " " " ' DESCRIBED AS FOLLOWS. LOT B, RECORDED EXEMPTION NO 131: 30-1-RE 147,ACCORDING PO PLAT RECORDED APRIL 29, 1975 IN BOOK 737 AT RECEPTION NO. 1659247,BEING LOCATED IN THE NE 1/4 OF SECTION 30,TOWNSHIP 2, NORTH, RANGE 67 W EST OF THE 6TH P.M , WELD COUNTY, COLORADO. TAPE ONLY THE LEGAL DESCRIPTION TO THIS "AGE. 111111111111111111 IIII 1111111 ill1111111 III111111III 101 2724769 10/05/1999 04,31P Wald County CO 14 of 14 R 70.00 D 0.00 JA Sukl Taukamoto l9 5 P ." Nlza tl: 5'A TES i%QYT , t IL 1 11111 1111111111 III 111111 11111$1111 It(III • 2964340 06/26/2002 10:334 Weld County,CO 340 1 of 13 R 65.00 0 0.00 J.A."Sukl"Tsukamoto RECORDING REQUESTED BY• WORLD SAVINGS WHEN RECORDED MAIL TO: When recorded return to: Custom Recording Solutions 2550 North Red Hill Ave. Santa Ana,Ca.92705 (800)756-3524 x5011 3 c, 1115 8 LOAN NUMBER: 0017972571 .A� (_3Ik1,0(OOJOZ'j FOR RECORDER'S USE ONLY OPEN END DEED OF TRUST (SECURING FUTURE ADVANCES) THIS DEED OF TRUST IS SECURITY FOR AN EQUITY LINE OF CREDIT AGREEMENT AND DISCLOSURE STATEMENT MATURING NO LATER THAN JULY 01 , 2032. THIS DEED OF TRUST therein called the "Security Instrument') is made this 6TH day of JUNE, 2002 , among the Trustor, ROY C. PATTON AND MARGARET D. PATTON, HUSBAND AND WIFE, AND DAWN E . KANZLER, AN UNMARRIED WOMAN (herein 'Borrower"). the Public Trustee of WELD County, (herein 'Trustee"), and the Beneficiary, WORLD SAV INGS BANK, FSB, • " • " • " • • " • • • • " • " " • "ITS SUCCESSORS AND/OR ASSIGNEES, and whose address is 1901 HARR ISON STREET, OAKLAND, CALIFORNIA 94612 " " " • • • • " " " " " • " • " " therein "Lender"( PURSUANT TO an Equity Line of Credit Agreement and Disclosure Statement dated JUNE 08. 2002 " • " • therein "Note"), indebtedness (exclusive of interest thereon) in amounts fluctuating from time to time up to the maximum principal sum outstanding at any time of SIXTY ONE THOUSAND EIGHT HUNDRED AND 00/100 • • • • • • • " • • • • • • • . Dollars IU.S. 561,800.00 I, which is due and payable, if not sooner paid, no later than the 30th anniversary of the opening of the Equity Line of Credit BORROWER, IN consideration of the indebtedness herein recited and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the County of WELD " " " " • " • • State of COLORADO • • " " " • " SEE EXHIBIT "A." ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN, which has the address of 7639 WCR 15, FORT LUPTON, CO 80621 " " " " • " • " - " " 1'Property Address). TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, fixtures and rents (subject however to the rights and authorities given herein to Lender to collect and apply such rents(, all of when shall be deemed to be and remain a part of the property covered by this Security Instrument, and all of the foregoing, together with said property (or the easehold estate if this Security Instrument is on a leasehold) are hereinafter referred tc as the "Property ; !• SDIUSA2 :e.1e., ,.c11 CNNa ".a. 1 co (1C 1 iMbFl1'1 USE ONLY ICI • \111111111111111111 IIII 11111111111 lllll III liill Ili\IIII 2 of 13 R 65.00 0 0.00 J.A. Sub'Tiukamato 0017972571 TO SECURE to Lender la) the repayment of all sums now cr hereafter advanced under the terms of the Note (including, without limitation, such sums that are advanced by Lender whether or not at the time the sums are advanced there is any principal sum outstanding under the Note), with interest, and all renewals, extensions and modifications of the Note. ,including, without limitation, any modifications that increase the Credit Limit of the Note), lb) the payment of all other sums, with interest, advanced under this Security Instrument to protect the security of this Security Instrument and lc) the performance of Borrowers covenants and agreements under this Security Instrument and the Note. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Properly, and that the Property is unencumbered except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. BORROWER AND LENDER COVENANT AND AGREE AS FOLLOWS: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note and all other charges due under this Security Instrument and due under the Note. Payments due under the Note and this Security Instrument shall be made in U.S. Dollars by check or money order. If any check or other instrument received by Lender as payment is returned to Lender unpaid, Lender may (a) charge Borrower the non-sufficient funds (NSF) fee specified in the Note or if the Note does not specify any such fee amount, an amount not to exceed the maximum NSF charge permitted by applicable law, and (b) require that any or all subsequent payments be made by money order or with certified funds. If Borrower is in default, Lender may require Borrower to make any payment needed to cure the default by money order or with certified funds. "Certified funds" means a certified check, bank check, treasurer's check or cashier's check, drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 12. Lender may return any payment(s) or partial payment(s) if the paymentlsl or partial payments are insufficient to bring Borrower's obligations current. Lender may accept any payment(s) or partial payment(s) insufficent to bring the Borrower's obligations current, without waiver of any rights hereunder or prejudice to its rights to refuse such payments) or partial payments in the future. 2. Funds for Escrow Items. At loan origination or at any time thereafter, Lender may require that Borrower pay to Lender on the day periodic payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for la) taxes and assessments and other items which can attain priority over this Security Instrument as a fon or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; lc) premiums for any and all insurance required by Lender under Section 5; and Id) condominium or homeowners association dues, fees and assessments, if any. These items are called "Escrow Items." Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section Any waiver by Lander of Borrower's obligation to pay to Lender Funds may only be in writing. When Borrower is not required to pay for Escrow Items by paying Funds to ,ender, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items and, if Lender requires, shall furnish to Lender receipts e'o idencing Such payment within such time period as Lender may require. if Borrower is obligated to pay Escrow Items directly and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 7 aria pay such amount and Borrower shall then be obligated under Section 7 to repay to Lender any such amount Lender may require that Borrower then pay to Lender Funds for any or all Escrow Items by a notice given in accordance with Section 12, and Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 2. 5O82952 '085011, 0290 2 CC rlrc • • 12111111031111111011111111111111111111111111111 III 3960441 13 R 66.00 D 0.00 J.A. 'SuM TtNukamols 0017972571 Lender may. at any time, collect and hold Funds in an amount iii sufficient to permit Lender to apply the Funds at the time specified under the Real Estate Settlement Procedures Act i12 U.S.C. 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 35001, as they or any successor legislation or regulation might be amended from time to time CRESPA") and 121 not to exceed the maximum amount a lender can require under RESPA Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity lio.cluding Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Unless an agreement is made in writing or applicable law requires Lender to pay interest on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than twelve monthly payments If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than twelve monthly payments. Upon payment in full of all sums secured by this Security Instrument Lender shall promptly refund to Borrower any Funds held by Lender. If under Section 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Security Instrument 3. Application of Payments. Unless the Note or applicable law requires otherwise, Lender will apply payments received under Sections 1 and 2 in the order selected by Lender. 4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Security Instrument, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Properly (including, without limitation, all dues, fees, assessments and other charges that are imposed on the Property by any applicable condominium association, homeowners association or similar organization), which may attain a priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower agrees that Borrower will not obtain any additional advances, whether voluntary or involuntary, or allow any modification or extension of any loan secured by a lien or other encumbrance with a priority senior to this Security Instrument without the prior written consent of Lender. Violation of this provision shalt constitute a default under this Security Instrument entitling Lender to all rights and remedies afforded herein, in law or equity, including but not limited to, acceleration of the loan. Borrower further agrees to deliver to Lender any notices that Borrower receives from the holder of any such senior fen or encumbrance. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Londe- in connection with this loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term 'extended coverage,' and any other Hazards Including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be main,ained in the amounts (including deductible levels) and for the periods that Lender 536190 ICI' 15.0!,1-01 Sin ,,, , 6 `e • • !111!1111111111111 Iii IIIiII 11111 IIIII IMO IIII Ili! 2964340 06/26/2002 10:33A Weld County, CO 4 r' 13 R 66.00 0 0.00 J.A. "Saki"Tsuitamoto 0017872571 requires. vdnat Lender requires pursuant to the preceding sentences can change during the term of the loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this loan, a one-time charge for flood zone determination and certification anti a one—time charge for tracking services. Borrower also shall be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrowers expense, pursuant to Section 7 below. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might dot protect Borrower, Borrowers equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance coverage that Borrower could have obtained All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Borrower further agrees to generally assign rights to insurance proceeds to the holder of the Note up to the amount of the outstanding loan balance. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage not otherwise required by Lender, such as credit life and/or disability insurance or earthquake or other hazard insurance for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee, and Borrower further agrees to generally assign rights to insurance proceeds to the holder of the Note up to the amount of the outstanding loan balance. I the Property is a unit in a condominium, cooperative or planned unit development Ithe "Project") and the Project is covered by a master or blanket policy maintained by the Projects owners association, in the event of a distribution of any hazard insurance proceeds, including without limitation any earthquake or special hazards insurance whether or not such coverage was specifically required by Lender, in lieu of restoration or repair following a loss to the Property and/or the Project, any proceeds payable to Borrower and/or Lender are hereby assigned and shall be paid to Lender for application to sums secured by this Security Instrument, with any excess paid to Borrower. Borrower shall take such actions as may be reasonable to insure that the Project's owners association maintains a public liability insurance policy acceptable to Lender. in the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied first to reimburse Lender for costs and expenses incurred in connection with obtaining the proceeds, and then, at Lender's option and in the order and proportion as Lender may-determine in its sole and absolute discretion regardless of any impairment or lack of impairment of any security, as follows fal to the extent allowed by applicable law, to the sums secured oy this Security Instrument in a manner that Lender determines and/or lb) to restoration or repair of the Property to a condition satisfactory to Lender, such application to be made in the manner and at the times as determined by Lender. During any repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided :hat such inspection shalt be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or applicable law requires interest to be paid of such insurance proceeds. Lender shall not oe required to pay Borrower any interest e. earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of "le insurance proceeds and shall be the sole obligation of Borrower. >no* . cc Hill 111111111111 IIII Ill 11111 IIIII III 11111 IIII IIII 2964340 0612612002 10:33A Weld County,CO 0017972571 5 of 13 R 6600 0 0.00 1 A. "Saki"Tsukamoto if Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given In either event, or if Lender acquires the Property under Section 17 or otherwise, Borrower hereby assigns to Lender Ill Borrowers rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and 121 any other of Borrower's rights (other than the right to any refund or unearned premiums paid by Borrower) under all insurance policies covering the Property. insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. If any insurance proceeds are used to reduce the amount of principal owing to Lender under the Note, that use will not delay the due date or change the amount of regularly scheduled payments under the Note, unless Lender and Borrower agree to such delay or change in writing. 6. Preservation and Maintenance of Property; Assignment of Rights for injury to Property. Borrower shall keep the Property in good repair, not commit waste or permit impairment or deterioration of the Property, comply with the provisions of any lease if this Security Instrument is on a leasehold. and, if this Security Instrument is on a unit in a Project, (a) perform all of Borrower's obligations under the declaration or covenants creating or governing the Project, the by-laws and regulations of the Project, and constituent documents, and (b) pay when due all dues, fees, assessments and other charges that are imposed on Borrower or the Property by the condominium association, homeowners association or similar organization. An assignment is a transfer of rights to another. Borrower may have rights to bring legal action against persons, other than Lender, for injury or damage to the Property or :n connection with the loan made by Lender and which arose or will arise before or after the date of this Security Instrument These rights to bring legal action may include an action for breach of contract, fraud, concealment of a material fact or for intentional or negligent acts. Borrower assigns these rights, and any proceeds arising from these rights, as permitted by applicable law, to Lender. Lender may, at its option, enforce these rights in its own name and may apply any proceeds resulting from this assignment to sums secured by this Security Instrument after feducting any expenses, including attorneys' fees, incurred in enforcing these rights. At the request of Lender. Borrower will sign any further assignments or other documents that may be necessary to enforce this assignment. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or if any action or proceeding is commenced which might materially affect Lender's interest in the Property (such as a legal proceeding in bankruptcy, in probate, for condemnation, or to enforce laws or ordinances), or if Borrower abandons the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lenders interest in the Property and rights under this Security Instrument Lender's actions may include, without limitation. appearing in court, paying reasonable attorneys fees, purchasing insurance required under Section 5 above (such insurance may cost more and provide less coverage than the insurance Borrower might purchase), and paying any sums secured by a lien which has priority over this Security Instrument Any amounts disbursed by Lender under this Section 7 shalt become additional debt of Borrower secured by this Security Instrument These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest. upon notice from Lender to 9orrower requesting payment. Nothing contained in this Section 7 shall require Lender to incur any expense or take any action hereunder. '_ender also may charge Borrower fees for services performed in connection with Borrower's default for the purpose of protecting Lenders interest in the Property and rights under this Security 'Instrument, including, but not limited to, property inspection and valuation fees. In regard to any other fees. the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender rray not charge fees that are expressly prohibited by this Security Instrument or by applicable law. 50829E IC0. 5 VI'-0'1 O59C >eg.5 Co i 111111 2964340 �11111111111111111111101111111101111 6 of 13 R 66.00 0 0.00 J,A. Sukl Taukamslo 0077972577 If Lender required mortgage insurance as a condition of making the loan, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates i- accordance with Borrower's and Lenders written agreement or applicable law In the event Borrower is subject of a bankruptcy proceeding and delinquent amounts owing under the Note and/or this Security Agreement are to be paid according to a plan requiring approval of the bankruptcy court, Borrower agrees that such bankruptcy plan shall provide for interest on al! delinquent amounts being paid through the plan (including, without limitation, principal, interest or periodic finance charges, fees and charges under the Note, and Lender advances, fees and charges under this Security Instrument) at the then current rate of interest provided in the Note. B. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause for the inspection. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Security Instrument. 10. Borrower Not Released; Forbearance By Lender Not a Waiver; No Offset, Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release. in any manner, the liability of the original Borrower and Borrower's successors in interest Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower and Borrower's successors in interest Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude The exercise of any such right or remedy. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Securty Instrument or performing the covenants and agreements secured by this Security Instrument. 11. Successors and Assigns Bound; Joint and Several Lleblllty; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of Section 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-signs this Security Instrument, but does not execute the Note, la) is co-signing this Security Instrument only to grant and convey that Borrower's interest in the Property under the terms of this Security nstrument, Ibl is not personally liable on the Note or under this Security Instrument, and (ci agrees that Lender and any other Borrower hereunder may agree to extend. modify, forbear. or make any other accommodations with regard to the terms of this Security Instrument or the Note, without that Borrower's consent and without releasing that Borrower or modifying this Security Instrument as to that Borrower's interest in the Property. 12. Notice; Notice of Grievance. Except for any notice required under applicable law to be given in another manner. (al any notice to Borrower provided fc, in this Security Instrument shall be given by delivering it or by mailing such notice by first class mail addressed to Borrower at the Property Address or at such other single address as Borrower may designate by notice to Lender as provided herein, and (hl any notice to Lender shall be given by first class nail to Lender's address stated herein or to such other single address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. Neither Borrower nor Lender may commence, join, or be joined to any judicial action at either an individual litigant or the member of a classl that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of. or any duty owed by reason ot. this Securty 5Wxvr '6e 5J'n-30055k °ig• a •' 41. • iZ\WI Whirr\iiinii\iii\►io_I liiii►�iiItu►i 7 0l 13 R 66,00 B 0.00 JA. 'Sala iaakamote 0017972571 Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with this Section 121 of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action If applicable law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 16 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 12. 13. Governing Law; Severeblllty; Loan Charges. This Security Instrument shall be governed by federal law, rules, and regulations, including those for federally chartered savings institutions ("Federal Law") and, to the extent federal law does not apply, by the law of the Jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Security Instrument and the Note are declared to be severable. As used herein. "costs". "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein, If a law which sets maximum loan charges is finally interpreted so that such law is applicable to Lender and that the interest or other loan charges collected or to be collected in connection with the Note or the Security Instrument exceed the permitted limits, then (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (bl any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or riot a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 14. Borrower's Copy; Modification; Clerical Errors; Replacement Documents. Borrower shell be furnished a conformed copy of the Note and of this Security Instrument at the time of execution or after recordation hereof, The Note and/or this Security Instrument may be modified or amended only by an agreement in writing signed by Borrower and Lender. In the event Lender at any time discovers that the Note and/or this Security Instrument contains an error caused by a clerical mistake or calculation, computer, printing or simi.ar error, Borrower agrees to reexecute the document(s) containing the error and to hold Lender harmless for any such error. If any document evidencing this loan is lost, stolen, mutilated or destroyed, and Lender delivers a signed indemnification in Borrower's favor, then Borrower agrees to sign and deliver to Lender a replacement document identical in form and content which will have the effect of the original for all purposes. 16. Borrower's Loan Application. Borrower shall be in default if Borrower, during the loan application process. gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note. Lender extended Borrower this Loan in reliance upon Borrower's representation in the loan application that Borrower intends to occupy the Property as Borrower's principal residence. Lender may have provided Borrower more favorable loan terms, such as a lower interest rate in the Note or a higher loan-to-value, than otherwise would have been made available in the absence of Borrower's representation Borrower agrees to occupy, establish and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and to continue to occupy the Property as Borrower's principal residence for at least one year thereafter. unless extenuating circumstances exist which are beyond Borrower's control. 16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred for if Borrower is not a nature' person and a beneficial interest in Borrower is sold or transferred), Lender may, at its option, require immed,ate payment in full of all sums secured by this Security Instrument However, this option shall not be exercised by Lender if exercise is prohibited by federal law. If Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailer within which Borrower must pa', all sums secured by this Security :nstrument. if Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 5082902 :06.i'01' O'i cioj rear 7 CO O,.AER OCCO.:El, • • 111111 iilli 1111111 lilt Iliili 11111 illll III iilll 1111 lII 2964340 0612612002 10:33A Weld County,CO 8 of 13 R 65.00 0 0.90 .1 "Saki"Tsukamota 0017972571 17. Acceleration; Remedies. Borrower will be in default if la) the full minimum payment due under the Note, or any other payment required by the Note or this Security Instrument, is not made when it is due; (,l Borrower has engaged in frauc or made a material misrepresentation at any time in connection with the equity account evidenced by the Note; (cl Borrower takes any action or fails to take any action that adversely affects the Property or Lenders rights in the Property. If a default occurs )other than under Section 16 unless otherwise required by applicable law), Lender shall give notice to Borrower prior to acceleration The notice shall specify: la) the default, (b) the action required to cure the default; lc) a date, not less man 30 days from the date the notice is given to Borrower, by which the default must be cured; and Id) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Seciton 17, including, but not limited to. reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Lender shalt mail a copy of the notice to Borrower as provided in Section 12. Trustee shall record a copy of the notice in the county in which the Property is located. Trustee shall publish a notice of sale for the time and in the manner provided by applicable law and shall mail copies of the notice of sale in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. After the time required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall) deliver to the purchaser Trustee's certificate describing the Property and the time the purchaser will be entitled to Trustee's deed. The recitals in the Trustees deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: lel to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; 'b1 to all sums secured by this Security Instrument; and Id any excess to the person, or persons legally entitled to it 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Security Instrument due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Security Instrument discontinued at any time prior to five days before sale of the Property pursuant to the power of sale contained in this Security instrument or at any time p or to entry of a judgment enforcing this Security Instrument if: (al Borrower pays Lender all sums which would be then due under this Security Instrument and the Note had no acceleration occurred: (bl Borrower cures all breaches of any other convenants or agreements of Borrower contained in this Security Instrument and in enforcing Lender's and Trustee's remedies as provided in Section 17 hereof, including, but not limited to, reasonable attorneys' fees: and lc) Borrower takes such action as Lender may seasonably require to assure that the lien of this Security Instrument, Lender's Interest in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unimpaired Upon such payment and cure by Borrower, this Security Instrument and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. However, the right to reinstate shall not apply in the case of acceleration under Section 16. 19. Assignment of Rents; Appointment of Receiver; Lender In Possession. As additional security hereunder, and to the extent permitted by applicable law, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under Section 17 nereof or abandonment of the Property, have the right to co'lect and retain such rerts as they become due and payable S.d19h ,Ca.'.5.0,1t-011 G99,. PaoC Cc 411 296431 IIIII 1111111 IIII 111111 IIIII l Co III IIIII IIII IIII 99 x0 08/2600 .0 I Weld County, m 0017972571 9 of 13 R 65.00 0 0.00 J.A."Saki"Taukamoto Upon acceleration under Section +r hereof or abandonment of the Property, Lender. in person, by agent or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property. including those past due. All rents collected by Lender or the receiver shah be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receivers fees, maintenance and repairs of the Property, premiums on receivers bonds and reasonable attorneys' fees, and then to the sums secured by this Security Instrument Lender and the receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Security Instrument. Lender shall request that Trustee release this Security Instrument Trustee shall release this Security Instrument without further inquiry or liability. Borrower shall pay any recordation costs and the statutory Trustee's fees. 21. Substitute Trustee. Lender, at Lender's option, may from time to time appoint a successor trustee to any Trustee appointed Hereunder by an instrument executed and acknowledged by Lender and recorded in the office of the Recorder of the county where the Property is located The instrument shall contain the name of the original Lender, Trustee and Borrower, the book and page where this Instrument is recorded and the name and address of the successor trustee. The successor trustee shall, without conveyance of the Property succeed to all the title, powers and duties conferred upon the Trustee herein and by applicable law. This procedure for substitution of trustee shall govern to the exclusion of al! other provisions for substitution. 22. Statement of Obligations. Lender may collect a fee of 540.00 for furnishing a statement of obligation, payoff demand statement, or any similar statement Lender will deliver such statement by first class mail. If Lender is requested by Borrower or Borrower's agent to deliver such statement by facsimile transmission, Lender may collect a special handling charge of 510 for each such delivery and need not send a copy of such statement by first class mail. 23. Waiver of Homestead. Borrower waives all rights and benefits of homestead exemption in the Property. THIS SPACE INTENi,ONALLV LEFT BLANK. SJ839 _. .i'bCli c99v y "' 11111111111111111111111111111111111111111111111 2964340 0612612002 10:338 Weld County, CO 0017872571 10 of 13 R 65.00 D 0.00 J.R."Suki"Tsukanoto 24. ( X ) Quick Qualifying Loan. Borrov.ar applied for this loan under Lee.der's 'Quick Qualifying' loar, program. Borrower acknowledges that Lender relied upon certain statements of fact made by Borrower in approving the loan without requiring full documentation from Borrower and certain information verifications from third parties, enabling Borrower to obtain this loan rapidly. These statements included, but are not limited to, Borrower's certification that la) except for any loan made by Lender concurrently with this loan, Borrower has no other "Quick Qualifying" loan with Lender, and lb) there are no undisclosed financial arrangements circumventing the terms of this loan transaction, including, but not limited to, unauthorized secondary financing, sales price adjustments, equity exchanges, credits to down payments or payments made outside escrow, or illusory transfers of title. Borrower agrees that Lender may deem Borrower to be in material breach of this section if any secondary financing is obtained. or an escrow is opened, on the Property within six months of the date of this Security Instrument. Borrower shall be in default if any material statements of fact or any of the above certifications were false or misleading, or if Borrower is in material breach of this Section. Notwithstanding anything to the contrary in the Note or this Security Instrument, in the event of Borrower's default under this Section, Lender, at its option, may Ill accelerate the loan in accordance with Section 16 without Borrower having the right of reinstatement under Section 18, or (21 increase the applicable interest rate under the Note by two percentage points (2.00%1 for the remaining term of the Note lbut not to exceed any lifetime interest rate cap or any maximum rate allowed by applicable law) and make corresponding changes to Borrower's periodic payment amount in order to amortize the -oan according to the Note. 25. ( I Affordable Housing Program. The obligation evidenced by the Note is the repayment of down payment and/or closing cost assistance provided to Borrower through a Federal Home Loan Bank's Affordable Housing Program Notwithstanding anything to the contrary in this Security Instrument, this Security Instrument may be subordinate to more than one instrument and interest does not accrue on down payment and/or closing cost assistance amounts. In the event of any conflict between the provisions of the Note and this Security Instrument, the Note provision shall prevail. I X i VALUE INDICATES THAT THE PARAGRAPH APPLIES. THIS SPACE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS. scaly .fl.11m' .'I CRON P.Q. 1.1 co • • 11111011111111111)ill!1111111111111111III111111III(III 2964340 06126/2002 10:33A Weld County, CO 0017972571 11 at 13 R 65.00 0 0.00 J.A."Sukl"Tsukamola IN WITNESS WHEREOF, Borrower has executed this Security Instrument. (PLEASE SIGN YOUR NAME EXACTLY AS iT APPEAPS BELOW) BORROWER(S): ✓I563f -- _ Sean � 3 L-7/ (Seal) MAR A P rti (Seal) (San') (Seal) (Seal) ATTACH IND IV'DUAL NOTARY ACKNOWLEDGEMENT so3a9[1 ,m.,s. :•-0'1 fiivo PACE II OF n co • • • {}4ttlltlltllll tllt lltlltltlllllt�1l knelt l4lltt\ 964340 05126120M 0o. J "Su 'Taukamoto 12 at 13 R 55.00 p 0.00 .A. k Notary Acknowledgement Form 'STATE OF COUNTY OF f- a On�" �s \Q•„1.c0 before me ),h A- iR /tart, IN-'0 y (Name, Title of Officer) personally appeared om%,C '6,A+41.1, (i\o-t Q i\ t)- _'�4`� ‘SJa`^''•\ E Ka.�.L1.2..r0 personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. WJTPI€SS my hand and official seal. (Signature of Notary Public) (Y`M, 'C `nv`'yD +� 1Ci- •Or ''�,;• .;,f (This area for notarial seal) • • EXHIBIT A LEGAL DESCRIPTION LOT 3 RECORDED EXEMPTION NO.1311-30-i-RE 147,ACCORDING TO PLAT RECORDED APRIL 29,1975 IN BOOK 737 AT RECEPTION NO.1659247,BEING LOCATED IN THE NE 1/4 OF SECTION 30,TOWNSHIP 2,NORTH RANGE 67 WEST OF'HE 6TH P M.WELD COUNTY,COLORADO Enu of Document "'^' 111111111111111111 ►111111111111111�l I$11111 III2964340 06126/2002 10:33A Weld County,CO II II 13 of 13 R 65.00 0 0.00 J.A."Sulu"Teulmmolo 1111111111111111111111111111111111111111111111111111111 yooa 07/13/2000 R 20.00 0. �WeldJCountV CO A Suki kamoto After 'wording, piease remit; n,. VoiceStream PCS II Corporation Attn: Lease Administration 2323 Delgany Street Denver, C.'Iorado 80216 Market: Denver Site Number: DN3032D Site Name: Patton Property MEMORANDUM OF LEASE This Memorandum of Lease ("Memorandum") gives notice of that certain Site Lease with Option (-Lease") by and between Roy C. and Margaret D. Patton.( yRidJQrr1") whip mailing address is 7639 WCR 'i LYcwi�. l kcu7? G '5, Ft. Lupton CO R06?I, an�'�. VoiceStream PCS II Cnrpt�tauon, o Delaware enr;auratiun r,-fcnanr"I, .,-! ,‘o m t l hig address is Attn: PCS Lease Administratim,. 1650 13i Avenue SF, Suite 2(N::. Bellevue. WA ti 9ii,. Date of Lease: CV_ fl \ , woo yI Description of Demised Premises: See Exhibit "A" attached hereto./ca: Term of Option. One (I) year after date of Lease, with up to one additional one-year renewal (`Option Period"). Initial Term: Five (5) years commenc'.ng on a date (the "Commencement Date") to be set forth in a Notice to Exercise Option, such notice to be placed of record not later than six months after expiration of the Option Period, if such option is exercised. Renewal Terms: Five (5) additional five-year periods after the expiration of the initial term of the Lease. The purpose of this Memorandum is to give record notice of the Lease and of the rights created thereby, all of which are hereby confirmed and incorporated herein. NOW, THEREFORE, Landlord, in consideration of the rents and covenants provided for in the Lease to be paid and performed by Tenant, does hereby grant the aforesaid option and, if such option is exercised, does hereby demise, convey, grant and let unto Tenant the Demised Premises upon the terms and subject to the conditions set forth in the Lease, a copy of which is being held by Landlord at its address stated above. EXECUTED as of the date, or later of the dates, set forth in the respective acknowledgments of the parties hereto. Foor ie. LANDLORD: Roy ( and Margaret D. Pylon et (etaj L' &viz.lee. By: Its: Page 16 of I• 1 EXHIBIT A TO MEMORANDUM OF LEASE Legal Description The Property is legally described as follows: LOT B, RECORDED EXEMPTION NO. 1311-30-1-RE 147, ACCORDING TO PLAT RECORDED APRIL 29, 1975 IN BOOK 737 AT RECEPTION NO. 1659247, BEING LOCATED IN THE NE / OF SECTION 30, TOWNSHIP 2, NORTH, RANGE 67 WEST OF THE 6""P.M.,WELD COUNTY,COLORADO. I 111111 11111 111111 IIIII III TIN 111111111 IIIII IIII 1111 2780403fR 20.000D 0.00 1WeldJA Sold County CO�moto Page 19 o.19 III WI MG 9 EeY�ll nil l iWi fd.�a1 . ,,.. ...__,w �/oicestream USR 1293 .044 X VoiceStream0 .r o . ,r_.o _ .� n.. .o n r rxr Nu PA TON PROPER Pr I ON 3032 C W I R E L E S S �'" 4., M (r AN". ,PnwEt An., " e .r. —_ —. . -a..p.. 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Voi eStr�8-'r s ',MISS*.wiRELISS DOSSER :x° 2:s3 OILCAN, �t2 wo n AN , Try a°:.A,E ' 3 -E NEAP'. rvcE _ \'% '"A"p Li.s°s.it"`"Ac I PA1 TON PROPERTY I P4 C0NCP['A;4AFT.,T-7-N..",'.aA..x DN 30J2—O ___-___... rurupe Nlt 4*S rcn vcm+ NAPS ' imprvPE*RAWW* w:o 0 A.A. �,., -� - _- :A I vNI,NE"0 SiA'0 sal cfniPPMENT P swan^Nes _ YG.N1EC ON wOP.rt.' L • • AC AR 1 I ( I - I I ;GROUP Al VA ¢ SissliskItNI P, Is & LEASE AND PLS. I la Pass cssiNsst i.`” us i a O PP^PERT` . ., is, spili .5 : Io LEASE A0L' ,;o' EO'JIPMEN I LFx'G.. LN ENLARGED ARCHITECTURAL SITE PLAN SC RENEE) NOTES ' !�tl911A'II�MN94'dMldi �z Voice$traan 21 TMl4x�LIT EM TOSS acive .: .,__. I71 IiPirIo _. _ _ —_ o,. lilo ,.nmran. I PAiiON PROPER E, 1 JN 3032-0 I _, _ t-:".]:::,`;.-to [fl: I IOROUP. I II nr ,x SOUTH CwAT:0N ICIth r oRVP Ri'I ._ _. _ __. ___ r '0:J TH ELEVAT:orj . . u ,. war ELEVATION, . reivatogNisimieu VoiceStrpam' RCI1 .tO alum nwn x..f[(thistle gym" I �, PM TON PROPERTY - ., .w. ..0..i... .,.. ON 3032-D .,110..4 cROLT • P-TON PROPERTY C 'J K 1'_'.-119N NORM. RGVATIOn ---- -- --- • 00 DEPARTMENT OF PLANNING SERVICES PHONE (970)353-6100, EXT.3540 I FAX (970) 304-6498 918 101h Street C. GREELEY, COLORADO 80631 COLORADO November 4, 2004 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: AmUSR1293 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, December 21, 2004, at 1:30 p.m., in the Hearing Room, Weld County Planning Department, 4209 CR 24 1/2, Longmont, Colorado concerning the request of: NAME: Roy& Margaret Patton, Dawn Kanzler c/o Denise Gibbons with Tetra Tech FOR: An amended Site Specific Development Plan and a Special Review permit for a Major Facility of a Public Utility (Co-location on an existing 150 foot Monopole Antenna Tower and the addition of an equipment shelter) in the A(Agricultural)Zone District LEGAL DESCRIPTION: Lot B or RE-147; Pt NE4 Section 30, T2N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: West of and adjacent to CR 15; approximately 1/4 mile south of CR 18. 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 Jacqueline Hatch, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 918 101h Street, 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 PROPE.gliN ERS AND/OR • SUBSURFACE ESTATES T OWNER • ADAM OVERLOOK 9250 BRUIN BLVE STE. G 2101 KEN PRATT BLVD#106 FREDERICK CO 80504 LONGMONT CO 80501 AMORE PARKER 857 MCCLURE 5543 WETLANDS DR FIRESTONE CO 80520 FREDERICK CO 80504 BACKLUND PARKER 787 MCCLURE 1610 PACE ST STE 900 FIRESTONE CO 80520 LONGMONT CO 80501 BELANGER PARKER 868 FLORENCE AVE 828 FLORENCE FIRESTONE CO 80520 FIRESTONE CO 80520 BROWN PARKER 735 FLORENCE AVE 757 MCCLURE FIRESTONE CO 80520 FIRESTONE CO 80520 CAMPOS PRITT 190 FOREST AVE PO.BOX 38 FIRESTONE CO 80520 HYGIENE CO 80533 COLE RADEMACHER PO BOX 807 875 MCCLURE AVE FIRESTONE CO 80520 FIRESTONE CO 80520 DIPAOLO RIFE 150 FARMDALE 123 FOREST ST FIRESTONE CO 80520 FIRESTONE CO 80520 GALLEGOS SADDLEBACK 829 MCCLURE AVE CONSERVANCY#2 FIRESTONE CO 80520 5460 S QUEBEC ST#300 GREENWOOD VILLAGE, CO 80111 GILLESPIE 6513 S. GLENCOE ST SALDI CENTENNIAL CO 80121-3575 771 MCCLURE AVE FIRESTONE CO 80520 GREFF 124 FARMDALE ST SHAW FIRESTONE CO 80520 PO BOX 101 FIRESTONE CO 80520 HEATH 151 FOREST ST FIRESTONE CO 80520 CERTIFICATE OF MAILING HERZOG PO BOX 1099 FIRESTONE CO 80520 I hereby certify that I have placed a true and correct copy of the surrounding property owners HUNTER and owners and lessees of minerals in accordance 751 FLORENCE with the notification requirements of Weld County FIRESTONE CO 80520 in Case Number AMUSR-1293 in the United States Mail, postage prepaid First Class Mail by JOHNSON letter as addressed on the attached list this 4'h day 815 MCCLURE AVE of November, 2004. FIRESTONE CO 80520 JULA 166 FOREST ST ��/} ,, FIRESTONE CO 80520 V u'��ICX.A—►7 LL MOODY 843 MCCLURE Voneen Macklin FIRESTONE CO 80520 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Sign re item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse 4/V'6-Addressee so that we can return the card to you. .g./Recei ed by(P ted Name) C. Date of Delivery • Attach this card to the back of the mailpiece, e1c IIor on the front if space permits. �T `/C ,yam r�'G /SS Yes E `i 1. Article Addressed to: r a 4,9 . nt from item 1? ❑ Yes Q` ,enter • e ress below: ❑ No TOWN OF FREDERICK N0V 0 8 2004 PO BOX 435 FREDERICK CO 80530 3. ice Type -)11 Ce ail xpress Mail Regis Return Receipt for Merchandise ❑ Ins of ❑C.O.D. zN -Pr7vASP., I Z95 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. Article Number (Transfer from service label)1 to t5a0 Cfia.43 0{O3 ;.;)3c PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 SEN • • D 1 E': COMPLETE THIS SECTI•N C OM LETE THIS SECTION •N •ELIVERY A. Signature p Agent • Complete items 1,2,and 3.Also complete / item 4 if Restricted Delivery is desired. ❑ Addressee • Print your name and address on the reverse ,g Received by(Printed Name) C. Date of Delivery so that we can return the card to you. `l — eV INAttach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? Yes address below: O o If YES,enter de 1. Article Addressed to: n TOWN OF ERIE P C C* S ci • PO BOX 100 £. dZ 1 C C O % USkS. ERIE CO 80516 3. Service Type tCertified Mail ❑ Express Mail Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes ON - Cur SRI Z9 2. Article Number cal' " �.� (Transfer from service lab 102595-02-M-1540 're, .. It,August 2 1 Domestic Return Receipt SEN•E•: C•M-LETE THIS SECTI•N C•M'LETE THIS SECTI•N •N •ELIVE•V A. Signature ❑ Agent • Complete items 1,2, and 3.Also complete S.2 I]Addressee item 4 if Restricted Delivery is desired. • Print your name and address on the reverse .: - C. Date of Delivery so that we can return the card to you. B. Received by Printed Name) f_ in .e - /7- `1>-6.4/ • Attach this card to the back of the mailpiece, -. ,d 'e:-. � or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: It YES,enter delivery address below. ❑ No CITY OF DACONO I • PO BOX 186 •DACONO CO 80514 Service Type • 3. Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 3N Uinta.:I n 3 2. Article Number Da0 Cape U 5 )`.3103 (Transfer from service label)1 102595-oz-M-1540 PS Form 3811,August 2001 Domestic Return Receipt SEN•E': C•M•LETE THIS SECTI•N C•M•LETE T',.,:SEC TI•N IN •ELIVE•V • Complete items 1,2,and 3.Also complete ' A. Signatur _ ❑ Agent item 4 if Restricted Delivery is desired. 0 Addressee • Print your name and address on the reverse X . , so that we can return the card to you. eiv-• b (P rated Name C. Date of Delivery • Attach this card to the back of the mailpiece, / / .- or on the front if space permits. D. Is delivery address d erent from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No Town of Firestone _ PO Box 100 fee Service Type Firestone CO 80520 Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise 0 Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 34 Qrr1U74 t253 2. Article Number ()bars D -y�r � (Transfer from service label) 1O7O (5)0 ()b r -"fi PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 • • U.S.Postal Service U.S. Postal Service STIFIED MAIL RECEIPT IIITIFIED MAIL RECEIPT estic Mail Only; No Insurance Coverage Pro ) estic Mail Only; No Insurance Coverage Pro ) rR ra rrill.......illiMIMMII.7 O N rn 7MIMIIIMIMIIIMIIMIIMIMIII7 ru ru rn Postage $ - rn Postage $ 0 0 S Certified Fee _ _ 7 Certified Fee Postmark Postmark Return Receipt Fee Here Return Receipt Fee Here N (Endorsement Required) _ -- N (Endorsement Required) __ 0 Restricted Delivery Fee 0 Restricted Delivery Fee O (Endorsement Required) -- — O (Endorsement Required) 4@ 0 Total Postage 8 Fees $ 0 Total Postage 8 Fees $ N RI in Recipient's Name (Please Print Clearly)(To be completed by mailer) Zl Recipients Name (Please Print Clearly)(To be completed by mailer) 0 Street,Apt.No.;or PO Box No. Street,Apt.No.;or PO Box No. 0 0 City,State,ZIP+4 t City,State,ZIP+4 r— •S Form 3800,February 2000 See Reverse for Instructions PS Form 3800,February 2000 See Reverse for Instructions U.S. .S. Postal Service .S. Postal Service ITIFIED MAIL RECEIPT IFTIFIED MAIL RECEIPT estic Mail Only; No Insurance Coverage Pros) estic Mail Only; No Insurance Coverage Prot) va trl 7IIMIIMIIIIM=IIIIMEMII7 co 7IllIllIllIll rr ru n. N N rn Postage $ mO Postage $ 0 - - S 7 Certified Fee O Certified Fee 0 Postmark Postmark Return Receipt FeeUl Here Return Receipt Fee Here 1.11 (Endorsement Required) _ (Endorsement Required) ru RI 0 Restricted Delivery Fee 0 Restricted Delivery Fee $ O (Endorsement Required) —_ _..—__ O (Endorsement Required) d. .. — Total Postage 8 Fees N Total Postage 8 Fees 0 RI 1-11 Recipients Name (Please Print Clearly)(To be completed by mailer) u'i Recipients Name (Please Print Clearly)(To be completed by mailer) 0 c,�I C o Liu5 or P ut1 0 Street,Apt.No.;or PO Box No. 0 Street,Apt.No.;or PO Box No. O 0 O City,State,ZIP+4 0 City,State,ZIP+4 P— P— .S Form 3800,February 2000 See Reverse for Instructions PS Form 3800,February 2000 See Reverse for Instructions •iti,t Le.....%:::fr DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 • I ! III II III . i link I „gird; rM 2 COLORADO Lu '` p> o r� i r O' o .r — I R - g d t-- , N E L November 4, 2004 _ + i w _ aTh 0 np :� ' CD X NLL ci,DU p > TO: SURROUNDING PROPERTY/MINERAL a pull c c N _ CASE NUMBER: AmUSR1293 fS�aoNn 00 2 a Lt *-•• iLU w > V _ cc n z W There will be a Public Hearing before the Weld C ' ft#` 2004, at 1:30 p.m., in the Hearing Room, Weld :•,; L�• t et c*... Colorado concerning the request of: s !t;. . .� 3 NAME: Roy& Margaret Patton, Dawn Kanzler c/c �✓v p FOR: An amended Site Specific Development I 41 oN Public Utility (Co-location on an existing ' >- Ci equipment shelter) in the A(Agricultural) 00 W O U U LEGAL DESCRIPTION: Lot B or RE-147; Pt NE p4 Z Colorado. 41C.D O LOCATION: West of and adjacent to CR 15; appr Z s ai •1 Your property is within five-hundred (500)feet of W pp'4.(1-I } t may have an interest in the minerals located under • ;.° Ls ¢ z Jacqueline Hatch, Planner. m 0 C a t Comments or objections related to the above re( , , Department of Planning Services, 918 10th Street, hearing. For your convenience, the Department of Plannin! bp Phone Line. In some circumstances cases need t a being heard, you may call 970-304-6499, up to thr M d M P. Re 0 T N 0°g b O O N b '-" N NW iii C' � Cilim +o + wow • i •• AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Property Legal Description: Lot E≥ iecorded elcew p+tov1 v e. 1311- 30-t • Qt lye 1 accordrvtGJ to -HeitVI&+ recorded t4pr;1 1A c , ivt aook '}b' of rece. hovt v1D. i(0592y1-, bet't9 locate in -h1 a NE Sec+,o t w,TwP 2. nlor-Nn exult toy vJes+ of-Nne toi ?t-i , Weld Crne‘ Parcel Number ( 3 I I - 3 V - I - 0 0 -- 0 ?- 1-i 1-i (12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). (Include all lots being included in the application area, If additional space is required,attach an additional sheet) THE UNDERSIGNED, being first duly sworn, 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 property(the surface estate)within five hundred(500)feet of the property being considered. This list was compiled from the records of the Weld County Assessor, or a person qualified to do the task, and shall be current as of a date no more than thirty(30)days prior to the date the application is submitted to the Department of Planning Services. klAAAJLA_ C c C By: 'betAkSe C. Catl,6bOvtS Title: L 62.5%;4 0) -ovtwt9 Ivlauagef The foregoing instrument was subscribed and sworn to me this day of , LOi WITNESS my hand and official seal. My Commission Expires: 144 IS,20(0 - A.•9% Notary Public sOTARy-9<tn N BL1;`$ OF GOV -12- AFFIDAVIT OF INTERESTED LAND OWNERS Page 1 of • • AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 131130100024 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 da e. - _yy Signature Date Property Owners Within 500 ft. of Parcel# 131. 130100024 NAME MAILING ADDRESS PARCEL IDENTIFICATION# 9250 BRUIN BLVD STE G ADAM PARKER CONSTRUCTION CO 131130120007 FREDERICK,CO 80504 9250 BRUIN BLVD STE G ADAM PARKER CONSTRUCTION CO INC 131130126012 FREDERICK,CO 80504 857 MCCLURE AMORE KELLY P O BOX 869 131130123014 FIRESTONE,CO 80520 787 MCCLURE BACKLUND ROLLIN L& 131130121007 FIRESTONE,CO 80520 868 FLORENCE AVE BELANGER JEREMY & P O BOX 1097 131130126007 FIRESTONE,CO 80520 735 FLORENCE AVE BROWN KEVIN L & P O BOX 237 131130120012 FIRESTONE,CO 80520 190 FOREST AVE CAMPOS JUDY & 131130123003 FIRESTONE,CO 80520 PO BOX 807 COLE BEN E & 131130124001 FIRESTONE,CO 80520 150 FARMDALE DIPAOLO MATTHEW A P O BOX 729 131130120002 FIRESTONE,CO 80520 GALLEGOS STEPHEN J& 829 MCCLURE AVE 131130123012 PO BOX 517 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=131130100024&Par1=1311290000... 11/03/200 AFFIDAVIT OF INTERESTED LAND OWNERS Page 2 of • FIRESTONE,CO 8050 6513 S GLENCOE ST GILLESPIE FAMILY PARTNERSHIP LTD & 131130117000 CENTENNIAL,CO 80121-3575 124 FARMDALE ST GREFF DAVIN GABRIEL& P O BOX 890 131130120001 FIRESTONE,CO 80520 151 FOREST ST HEATH BERT & P O BOX 83 131130120008 FIRESTONE,CO 80520 P O BOX 1099 HERZOG BARBARA ANNE 131130120003 FIRESTONE,CO 80520 751 FLORENCE HUNTER COREY & P O BOX 635 131130120011 FIRESTONE,CO 80520 815 MCCLURE AVE JOHNSON CARRIE P O BOX 705 131130123011 FIRESTONE,CO 80520 166 FOREST ST JULA DAVID ROBERT & P O BOX 1061 131130123004 FIRESTONE,CO 80520 843 MCCLURE AVE MOODY JENNIFER E P O BOX 806 131130123013 FIRESTONE,CO 80520 2101 KEN PRATT BLVD #106 OVERLOOK AT FIRESTONE HOME OWNERS 131130123016 ASSOC LONGMONT,CO 80501 PARKER CONSULTING OVERLOOK AT FIRESTONE LLC 1610 PACE ST #900 PMB 443 131130126001 LONGMONT,CO 80501-8641 PARKER CONSULTING OVERLOOK AT FIRESTONE LLC 1610 PACE ST #900 PMB 443 131130126002 LONGMONT,CO 80501-8641 PARKER CONSULTING OVERLOOK AT FIRESTONE LLC 1610 PACE ST #900 PMB 443 131130126003 LONGMONT,CO 80501-8641 PARKER CONSULTING OVERLOOK AT FIRESTONE LLC 1610 PACE ST#900 PMB 443 131130126004 LONGMONT,CO 80501-8641 PARKER CONSULTING OVERLOOK AT FIRESTONE LLC 1610 PACE ST #900 PMB 443 131130126005 LONGMONT,CO 80501-8641 PARKER CONSULTING OVERLOOK AT FIRESTONE LLC 1610 PACE ST #900 PMB 443 131130126006 LONGMONT,CO 80501-8641 PARKER CONSULTING OVERLOOK AT FIRESTONE LLC 1610 PACE ST #900 PMB 443 131130126008 LONGMONT,CO 80501-8641 PARKER CONSULTING OVERLOOK AT FIRESTONE LLC 1610 PACE ST #900 PMB 443 131130126009 LONGMONT,CO 80501-8641 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=131130100024&Par 1=1 3 1 1290000... 11/03/2( AFFIDAVIT OF INTERESTED LAND OWNERS Page 3 of • PARKER CONSULTII OVERLOOK AT FIRESTONE LLC 1610 PACE ST #900 PMB 443 131130126010 LONGMONT,CO 80501-8641 PARKER CONSULTING OVERLOOK AT FIRESTONE LLC 1610 PACE ST #900 PMB 443 131130120004 LONGMONT,CO 80501-8641 PARKER CONSULTING OVERLOOK AT FIRESTONE LLC 1610 PACE ST #900 PMB 443 131130120005 LONGMONT,CO 80501-8641 PARKER CONSULTING OVERLOOK AT FIRESTONE LLC 1610 PACE ST #900 PMB 443 131130121004 LONGMONT,CO 80501-8641 PARKER CONSULTING OVERLOOK AT FIRESTONE LLC 1610 PACE ST #900 PMB 443 131130121005 LONGMONT,CO 80501-8641 PARKER CONSULTING OVERLOOK AT FIRESTONE LLC 1610 PACE ST #900 PMB 443 131130121006 LONGMONT,CO 80501-8641 PARKER CONSULTING OVERLOOK AT FIRESTONE LLC 1610 PACE ST #900 PMB 443 131130123001 LONGMONT,CO 80501-8641 5543 WETLANDS DR PARKER CONSULTING LLC 131130121003 FREDERICK,CO 80504-9752 1610 PACE ST STE 900 PARKER RICHARD W 131130120006 LONGMONT,CO 80501 828 FLORENCE PARKER RICHARD W 131 1301 2601 1 FIRESTONE,CO 80520 757 MCCLURE PARKER RICHARD W 131130121009 FIRESTONE,CO 80520 POBOX38 PRITT RAY W & 131130123002 HYGIENE,CO 80533 875 MCCLURE AVE RADEMACHER J K & P O BOX 710 131130123015 FIRESTONE,CO 80520 123 FOREST ST RIFE STEVE 131130120009 FIRESTONE,CO 80520 CONSERVANCY#2 SADDLEBACK HILLS LAKE 5460 S QUEBEC ST #300 131129000012 GREENWOOD VILLAGE,CO 80111 771 MCCLURE AVE SALDI TASSA K & 131130121008 FIRESTONE,CO 80520 PO BOX 101 SHAW WENDY JOY 131130120010 FIRESTONE,CO 80520-0101 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=131130100024&Part=1311290000... 11/03/20( • • Weld County Planning Department GREELEY OFFICE 1' N0V 2 2 Z004 I. AFFIDAVIT OF INTEREST OWNERS RECEIVED MINERALS AND/OR SUBSURFACE RECEIVED V • Property Legal Description: _ t-Dl -6 tti 'rtn,e.. KEJP1TtOv1 30 —rovotASll,t.P a--_ Parcel Number l 7) II t - 3 0 - I - 0 b -D 4 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). (Include all lots being included in the applicaion area,If additiorei space is required,attach an addtionai sheet) STATE OF COLORADO ) ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being firstduly sworn, states that to the best of his or her knowledge,the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records bya person qualified to do the task, and shall be current as of a date more than thirty(30)days prior to the date the application is submitted to the Department of Planning Services. N ote:M inera I Notification is in additbn to thatrequired byC.R.S. 24-65.5-102 through 104. By: CiscMYJ��,�Q 'i- Title: LtAStat I lOvttl qa..kalrer The foregoing instrument was subscribed and sworn to me this_ I� day ofter a Y. W ITN ESS my hand and official seal. My Commission Expires: [ ERICK NELSON ,c NOTARY PUBLIC STATEOFOOLORADO ! MY COMMISSION EXPIRES 101412008 -13- r, r, 11L) Tetra Tech Communication Services 333 Inverness Drive South Englewood,CO 80112 November 17, 2004 VIA FACSIMILE 970-304-6498 (Original to Follow Via US Mail) Jacqueline Hatch Planner North Weld Building 1555 North 17th Avenue Greeley, CO 80631 RE: Mineral Notice Owners Notice 7639 Weld County Road 15, Firestone Attached please find the Mineral Owners located on the above referenced property: • Kerr McGee Rocky Mountain Corporation 3939 Carson Avenue Evans, CO 80620 • KP Kaufman Company, Inc. 1675 Broadway 28th Floor Denver, CO 80202 Certified to the best of my knowledge, November 17, 2004, Denise Gibbons Leasing/Zoning Manager Tetra Tech Communications For Nextel Communications • el County Planning Department GREELEY OFFICE NOV 2 2 2004 (-iJ RECEIVED Tetra Tech Communication Services 333 Inverness Drive South Englewood,CO 80112 November 18, 2004 VIA CERTIFIED MAIL Kerr McGee Rocky Mountain Corporation Attn: Real Property 3939 Carson Avenue Evans, CO 80631 RE: Notification of Proposed Collocation of Antennas on Existing Tower 7639 Weld County Road 15,Firestone,Colorado Dear Sir or Madam: This letter is to inform you of Nextel Communications' (Nextel)intent to locate antennas on an existing T- Mobile Tower in unincorporated Frederick,Colorado. Nextel is seeking approval from the Weld County Planning Department and the Board of County Commissioners to add a total of twelve antennas to the tower with supporting radio equipment on the ground. The equipment shelter is approximately 12-feet by 20 feet and will be placed next to the tower. As per the Colorado Revised Statute, C.R.S. 24-65.5-103, Nextel is required to notify you of its intent and the date of the Planning Commission Hearing which is scheduled to take place on December 21, 2004 at 1:30 PM in the Hearing Room of the Weld County Planning Department, 4209 CR 241/2, Longmont, Colorado. If you have any questions or concerns prior to this date,please call me directly at 303-598-0229. Sincerely, Denise Gibbons Leasing/Zoning Manager Tetra Tech Communications For Nextel Communications CC: Jacqueline Hatch,Planner • • (It] Tetra Tech Communication Services 333 Inverness Drive South Englewood,CO 80112 November 18,2004 VIA CERTIFIED MAIL KP Kaufman Company, Inc. Attn: Real Property 1675 Broadway 28th Floor Denver,CO 80202 RE: Notification of Proposed Collocation of Antennas on Existing Tower 7639 Weld County Road 15,Firestone,Colorado Dear Sir or Madam: This letter is to inform you of Nextel Communications' (Nextel) intent to locate antennas on an existing T- Mobile Tower in unincorporated Frederick,Colorado. Nextel is seeking approval from the Weld County Planning Department and the Board of County Commissioners to add a total of twelve antennas to the tower with supporting radio equipment on the ground. The equipment shelter is approximately 12-feet by 20 feet and will be placed next to the tower. As per the Colorado Revised Statute, C.R.S. 24-65.5-103, Nextel is required to notify you of its intent and the date of the Planning Commission Hearing which is scheduled to take place on December 21, 2004 at 1:30 PM in the Hearing Room of the Weld County Planning Department, 4209 CR 241/2, Longmont, Colorado. If you have any questions or concerns prior to this date,please call me directly at 303-598-0229. Sincerely, Denise Gibbons Leasing/Zoning Manager Tetra Tech Communications For Nextel Communications CC: Jacqueline Hatch,Planner • • • • AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Property Legal Description: Led $1 (ecordd exew.p•hovt ND. i3tl -30-I -at 041- ,accolyd%Ht9 -b +tat, plat recorded rid 2-a, t9l-c iK book 4n a} recep{-tov‘ vlo. 1659141-, beiti0� located ttn 4ite NE t/4 oc Sec• 3t)11A) 2 rJ , Qavto e Wes4 o{'b'f+1'1/4 WA We Id C.oti0A Parcel Number t3 l 1 - 3 0 - 1 - (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office, or www.co.weld.co.us). (Include all lots being included in the application area, If additional space is required,attach an additional sheet) STATE OF COLORADO )ss. COUNTY OF WELD THE UNDERSIGNED,being first duly sworn, states that to the best of his or her knowledge,the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records by a person qualified to do the task, and shall be current as of a date more than thirty (30)days prior to the date the application is submitted to the Department of Planning Services. Note:Mineral Notification is in addition to that required by C.R.S. 24-65.5-102 through 104. o By: 'Devttse C. €t A I rt,tc Title: LeastA-0) 111)tA rvtak&aaer The foregoing instrument was subscribed and sworn to me thisZgth day of tA•rx-k , Zo0 q WI INEsS my hang and official seal. My Commission Expires: I5,Zoo'1 f) \ .w. pd Off' .••••••.••ii; y`''t Notary Pub ic �tie p1OTARr < . i °: ;V1 Nj'•..PUBL►C .4 1 -13- •` •; ice.` 44 _ r�. - . _ .4 1. . IIIIMI1/438 48 r i . ......:roc S • I �, ``� ;.47 73 • .44-4e,. :•.-- •K# t K i •" 4� Sr ,�.� t i .{ I I !t 73 .r.-- 4,\ % y' "ci"kik : --•••:- : ;..Ztv"' s/1 'a • * 44 r • rnt 4: � / NI\ 1 it 1 . %.-fr k- ••4,14 ch- '.; . •. , - lit: . . .. 1..4%.-..--- : I -3 • int i • I` %• Y' --tom •i P •` ,J i . • -I 73 � ' e 73 - 114.40 . . ,k 4 7 j ,• : la. . •• . . 4 4./p------------kN� ,) , 3 i.a (../ �; 73 loor . 44 74 . 47 �. :,:c:. 38 ¢> i ,� `r 4;- �1 C , - 4 29 ^. o Firesfone o. . A • � le �� 48 �, - 7 tw. 72 72 48 48 1 47 * . 48 47 I- ,ai . r�1 •h 48 1 v� 7� it t I P-* .1.1: : tiX (--.717 5 Ans.11,2 48 ob f . C\1/4%." .....\. I . \ —: Frederick 79 47 . 66 ( ycf • .� k ( 32 *. . 31 48 • 83 4 - 82 t • ' ' ;,; x .82 47 40 • 82 79 83 . .....--1„.(---1 83 i y ., 00 •� Non-Technical Descriptions Soil Survey Area: 618 WELD COUNTY, COLORADO, SOUTHERN PART Map unit: 38 Nelson fine sandy loam, 3 to 9 percent slopes Description Category: SOI The Nelson soil is a nufenetely deep,well drained soil. It is formed on plains in residuum from sandstone. The surface is a fine sandy loam.The underlying material is a fine sandy loam. The soils have moderately rapid permeability. Their available wa ter holding capacity is moderate. Roots penetrate to the depth of soft sandstone which is at about 30 inches. Runoff is slow to medium and the erosion hazard due to wind is severe. Map unit: 47 Obey fine sandy loam, 1 to 3 percent slopes Description Category: SOI The Olney soil is a deep,well drained soil. It is formed on smooth plains in mixed outwash deposits. The surface is a fine sandy loam.The subsoil is sandy clay loam.The underlying material is a calcareous fine sandy loam. The soils have moderate perm eability. Their available water holding capacity is moderate. Roots penetrate to 60 inches or more. Runoff is slaw and the erosion hazard due to wind is severe. Map unit: 72 Vona loamy sand, 0 to 3 percent slopes Description Category: SOI The Vona soil is a deep,somewhat excessively drained soil. It is formed on plains and high terraces in Sian or alluvial deposits. The surface is a fine sandy loam,as is the subsoil. The underlying material is a sandy loam. The soils have moderately rapid permeability. Their available water holding capacity is moderate. Roots penetrate to 60 inches or more. Runoff is slow and the erosion hazard due to wind is high. Map unit: 73 Vona loamy sand, 3 to 5 percent slopes Description Category: SOI The Vona soil is a deep,somewhat excessively drained soil. It is formed on plains and high terraces in Sian or alluvial deposits. The surface is a fine sandy loam,as is the subsoil. The underlying material is a sandy loam. The soils have moderately rapid permeability. Their available water holding capacity is moderate. Roots penetrate to 60 inches or more. Runoff is slow and the erosion hazard due to wind is high. Tuesday,May 11, 2004 Page 1 of 1 • • i • Table Y. - Prime Farmland Weld County,Colorado,Southern Part Only the soils considered prime farmland are listed. Urban or buitt-up areas of the soils listed are not considered prime farmland. If a soil is prime farmland only under certain conditions,the conditions are specified in parenthesis after the soil name. Map Soil Name Symbol 47 Olney fine sandy loam,1 to 3 percent slopes(Prime farmland if irrigated) USDA Natural Resources Conservation Service Distribution Generation Date:2/26/2002 Page 1 of 1 • •• Non Technical Soil Description(s) (NASIS derived) Soil Survey Area C0618 Weld County, Colorado, Southern Part Mapunit 38 NELSON FINE SANDY LOAM, 3 TO 9 PERCENT SLOPES Soil Component Name NELSON 85%of the mapunit Slope range(%) 3 to 9 Depth class: moderately deep Drainage class: Well drained Permeability: Moderate Available water capacity class Low Average total available water in top five feet(in.) 3.7 Land capability subclass,non-irrigated: 6e Land capability subclass,irrigated 4e Ecological Site: SANDY PLAINS Runoff class: Low Depth to seasonal high water table NA- Flooding frequency: None Other restrictions(in): Bedrock(paralithic) 20 - 40 Horizon Information Depth(in) Textures pH range Sodium Salinity(mmhos/cm) Hl 0 - 9 7.9 - 8.4 NA - NA- FSL fine sandy loam H2 9 - 30 7.9 - 8.4 NA - NA- FSL fine sandy loam SL sandy loam H3 30 - 34 NA - NA - NA- WB weathered bedrock pH classes:3.5-4.4 extremely acid;4.5-5.0 very strongly acid;5.1-5.5 strongly acid;5.6-6.0 moderately acid; 6.1-6.5 slightly acid;6.6-7.3 neutral;7.4-7.8 slightly alkaline;7.9-8.4 moderately alkaline;8.5-9.0 strongly alkaline;>9.0 very strongly alkaline. Salinity classes(if applicable):0-2 non saline;2-4 very slightly saline;4-8 slightly saline;8-16 moderately saline; >=16 saline. Tuesday,May 11, 2004 Non Technical Soil Description(NASIS derived) Page 1 of 4 • • • • Mapunit 47 OLNEY FINE SANDY LOAM, I TO 3 PERCENT SLOPES Soil Component Name OLNEY 85%of the mapunit Slope range(%) I to 3 Depth class: very deep Drainage class: Well drained Permeability: Moderate Available water capacity class Moderate Average total available water in top five feet(in.) 7.0 Land capability subclass,non-irrigated:4c Land capability subclass,irrigated 3e Ecological Site: SANDY PLAINS Runoff class: Low Depth to seasonal high water table NA- Flooding frequency: None Other restrictions(in): NA Horizon Information Depth(in) Textures pH range Sodium Salinity(mmhos/cm) HI 0 - 10 6.6 - 7.8 NA - NA- FSL fine sandy loam H2 10 - 20 6.6 - 7.8 NA - NA- SCL sandy clay loam SL sandy loam H3 20 - 25 7.9 - 8.4 NA - NA- SL sandy loam SCL sandy clay loam FSL fine sandy loam 114 25 - 60 7.9 - 9 NA - NA- SL sandy loam FSL fine sandy loam LFS loamy fine sand pH classes:3.5-4.4 extremely acid;4.5-5.0 very strongly acid;5.1-5.5 strongly acid;5.6-6.0 moderately acid; 6.1-6.5 slightly acid;6.6-7.3 neutral;7.4-7.8 slightly alkaline;7.9-8.4 moderately alkaline;8.5-9.0 strongly alkaline;>9.0 very strongly alkaline. Salinity classes(if applicable):0-2 non saline;2-4 very slightly saline;4-8 slightly saline;8-16 moderately saline; >=16 saline. Tuesday, May 11, 2004 Non Technical Soil Description(NASIS derived) Page 2 of 4 • • •• Mapunit 72 VONA LOAMY SAND, 0 TO 3 PERCENT SLOPES Soil Component Name VONA 85%of the mapunit Slope range(%) 0 to 3 Depth class: Very deep Drainage class: Well drained Permeability: Moderately rapid Available water capacity class Moderate Average total available water in top five feet(in.) 6.5 Land capability subclass,non-irrigated: 4e Land capability subclass,irrigated 3e Ecological Site: SANDY PLANS Runoff class: Very low Depth to seasonal high water table NA- Flooding frequency: None Other restrictions(in): NA Horizon Information Depth(in) Textures pH range Sodium Salinity(mmhos/cm) HI 0 - 6 6.6 - 7.8 NA - NA- LS loamy sand H2 6 - 28 6.6 - 8.4 NA - NA- FSL fine sandy loam SL sandy loam H3 28 - 60 7.9 - 9 NA - NA- SL sandy loam LS loamy sand LFS loamy fine sand pH classes:3.5-4.4 extremely acid;4.5-5.0 very strongly acid;5.1-5.5 strongly acid;5.6-6.0 moderately acid; 6.1-6.5 slightly acid;6.6-7.3 neutral;7.4-7.8 slightly alkaline;7.9-8.4 moderately alkaline;8.5-9.0 strongly alkaline;>9.0 very strongly alkaline. Salinity classes(if applicable):0-2 non saline;2-4 very slightly saline;4-8 slightly saline;8-16 moderately saline; >=16 saline. Tuesday,May 11, 2004 Non Technical Soil Description(NASIS derived) Page 3 of 4 � • •• Mapunit 73 VONA LOAMY SAND, 3 TO 5 PERCENT SLOPES Soil Component Name VONA 85%of the mapunit Slope range(%) 3 to 5 Depth class: Very deep Drainage class: Well drained Permeability: Moderately rapid Available water capacity class Moderate Average total available water in top five feet(in.) 6.5 Land capability subclass,non-irrigated: 4e Land capability subclass,irrigated 3e Ecological Site: SANDY PLAINS Runoff class: Very low Depth to seasonal high water table NA- Flooding frequency: None Other restrictions(in): NA Horizon Information Depth(in) Textures pH range Sodium Salinity(mmhos/cm) HI 0 - 6 6.6 - 7.8 NA - NA- LS loamy sand 142 6 - 28 6.6 - 8.4 NA - NA- FSL fine sandy loam SL sandy loam 143 28 - 60 7.9 - 9 NA - NA- LFS loamy fine sand SL sandy loam LS loamy sand pH classes:3.5.4.4 extremely acid;4.5-5.0 very strongly acid;5.1-5.5 strongly acid;5.6-6.0 moderately acid; 6.1-6.5 slightly acid;6.6-7.3 neutral;7.4-7.8 slightly alkaline;7.9-8.4 moderately alkaline;8.5-9.0 strongly alkaline;>9.0 very strongly alkaline. 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