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HomeMy WebLinkAbout880148.tiff RESOLUTION RE: APPROVE SPECIAL REVIEW PERMIT FOR AN AIRPORT IN THE A (AGRICULTURAL) ZONE DISTRICT - KENNETH BURNHAM, ET AL. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 29th day of February, 1988 , at the hour of 9 :30 a.m. in the Chambers of the Board for the purpose of hearing the application of Kenneth Burnham, et al. , 3316 Terry Point Drive, Fort Collins , Colorado 80524 , for a Special Review permit for an airport in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the Ni , Section 5 , Township 9 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant, Kenneth Burnham, was present, and WHEREAS , Section 24 .4 .2 of the Weld County Zoning Ordinance provides standards for review of said Special Review permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons : 1 . The submitted materials are in compliance with the application requirements of Section 24 . 7 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 .4 .2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Weld County Comprehensive Plan since the Agricultural Zone District goals and policies are intended to preserve prime agricultural land. The capability subclass of the soil at this site is VI , non-irrigated. The application materials show that approximately 17 . 3 acres of non-prime farmland will be used for buildings and the airstrip. / / / / 880148 Page 2 RE: USR - BURNHAM, ET AL. b. Since prime farmland is not being removed from production, the proposal is consistent with the intent of the agricultural district and is provided for as a Use by Special Review. c. The use permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding areas. The use of the surrounding area is dryland farming and grazing. These activities should continue in the future. d. The applicant has demonstrated a diligent effort in conserving productive agricultural land in the locational decision for the proposed use. e . No overlay districts affect the site. f. Use by Special Review Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Special Review permit for an airport in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . The attached Development Standards for the Special Review permit be adopted and placed on the Special Review plat prior to recording the plat. 2 . The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat has been delivered to the Department of Planning Services Office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 880148 Page 3 RE: USR - BURNHAM, ET AL. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of February, A.D. , 1988 . BOARD OF COUNTY COMMISSIONERS ATTEST: 1:797a WZI"cia4S? hairrnan COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board EXCUSED BYs ore c,./ o i C.W. Kirby, Pro-Tem eputy County lerk APPROVED AS TO FORM: Ja que v C iGord L County Attorney .,,,,,g Fran maguchi 880148 DEVELOPMENT STANDARDS Kenneth Burnham, et al. USR-816 1 . The Special Review permit is for a private airport in the A (Agricultural) Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2 . Waste oil , paints , stains , treatments , anti-freeze, and other associated liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and ground water contamination. 3 . The cistern water supply used for public consumption shall be properly disinfected and shall be tested monthly in accordance with the Colorado Primary Drinking Water Regulations . 4 . The septic system for the proposed shop/hangar shall be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations . An ISDS Evaluation on all existing septic systems shall be necessary prior to issuing the revised septic permits on the existing system. 5 . All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. b . The property owner or operator shall be responsible for complying with the Design Standards of Section 24 .5 of the Weld County Zoning Ordinance. 7 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 .6 of the Weld County Zoning Ordinance. 8 . Personnel from the Weld County Health Department and the Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations . 880148 Page 2 DEVELOPMENT STANDARDS - BURNHAM 9 The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations . Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 10 . The property owner or operator shall be responsible for complying with all of the foregoing Standards . Noncompliance with any of the foregoing Standards may be reason for revocation of the permit by the Board of County Commissioners . 880148 HEARING CERTIFICATION DOCKET NO. -88-6 RE: SPECIAL REVIEW PERMIT FOR AN AIRPORT IN THE A (AGRICULTURAL) ZONE DISTRICT - KENNETH BURNHAM, ET AL. A public -hearing was _conducted DU February 29, 1988, at 9:30 A.M. , with the Tollowing present: Commissioner Gene Brantner, Chairman C-ommissioner C.W. Kirby, Fro-Tem - Bxcused Commissioner Jacqueline Johnson Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, lee D. Morrison Planning Department representative, Keith Schuett The following business was transacted: I hereby -certify that pursuant to a notice dated February 8, 1988, and duly published February 11, 1988, in the Johnstown Breeze, a public hearing was conducted to consider the request of Kenneth Burnham, et al., for a Special Review permit for an airport in the A (Agricultural) Zane District. Lee Morrison, Assistant County Attorney, made this matter of record, and said that, at the request of the applicants, this hearing was continued from February 24 because only three Commissioners were present on that date. Keith Schuett, Planning Department representative, asked that the Planning Commission's favorable recommendation be entered into the record of this hearing. Kenneth Burnham, representing the applicants, came forward to explain this request and answer questions of the Board. He stated that he had no problems concerning any of the Development Standards in the Planning Commission's recommendation. No public comment was mat concerning this request. Commissioner Johnson moved to approve the request of Kenneth Burnham, -et al. , for a Special Review permit, subject to the Conditions and Development Standards recommended by the Planning Commission. The motion, seconded by Commissioner Lacy, carried unanimously. This Certification was approved on the 2nd day of February, 1988. APPROVED: a I7 �, , - .1 , BOARD OF COUNTY COMMISSIONERS 1iTTEST: �t� �°"''`�-��nJ WE�c��NTY, COLORADO Weld County Clerk and Recorder it and Clerk to the Boa Gene R. Brant ern $y -- C71-�-,rte. <- u_e✓ EXCUSED eputy County Cl k C.W. Kirb , Pro-Tem Ja quel Jo• • =ou Gor.:"a"v ?cy i Frank Y aguchi TAPE #88-9 DOCKET #88-6 PL0420 880148 ATTENDANCE RECORD PLEASE write or print legibly your name, ad-drass and the name of the applicant or Docket # for the -hearing you are attending. TODAY'S HEARINGS ARE AS FOLLOWS: FEBRUARY 29, 1988 H)OCKET # 88-3 SPECIAL REVIEW -PERMIT-SINGLE FAMILY DWELLING ON _PARCEL LESS 'THAN MINIMUM TOT SIZE-MICHAEL & SANDIE E-ALL0TT0 DOCKET # 88-6 SPECIAL REVIEW-PERMIT-AIRPORT IN AGRICULTURAL -ZONE -DISTRICT - KENNETH BURNHAM, ET -AL. _DOCKET # NAME ADDRESS HE -RING ATTENDING C q,44-d 4' Lvvu%-7 l 2 r-SLi,'Y, il1.-Y raw+ �- fi'ke f/ _e//14J4l ic3i≥ 7 lid. /7, . n6L44.; . 'iL --k k Al i /u/Lm t ' " ogiCt ? - 1/.' .tSr/ 77 r -' /� PAL-9EA 2.262s A/wr' 392.. ePtetc( gW-6 s,5 ' i ea em ;1 Ysi h PAP SnAi; A°AymNnvf /iu4eAl/ it I d-r,_,` w e ci tr 4 72 w 6;t e .f c 4:. 9a/ 4;?/ c_, 880143 1 1 1 REALTORS PIERCE INSURANCE INC NOLA N. PIERCE President 700 PHILLIPS DRIVE 451-1500 NORTHGLENN, COLORADO 80233 Rentals • Residential • Commercial • Farms • • • Home Owners -• Auto • Liability • Mortgage • Life Feb . 16 , 1988 Board of County Commissioners 13 915 10th St. Tr, � y Greeley, _Co. 80632 1 FEB 1 B1988 RE : Docket No. 88-6 !' Dear Sirs : Regarding the Airport request in the above mentioned docket -number, please send me conies of sketches or pro- posed maps of how the airstrip will be laid out with proper identification marks -so I can see how it will lie in relation to my parcel of land. Please also send any other information that is pertinent to adjacent property owners so we can mak-e a decent decision about this prior to the hearing date of Feb . 24, 1988 . Thank you. Sincerely, Nola N. Pierce a IM ORS "We Can Solve Your Real Estate and Insurance Problems" 89014 w DATE: February 8 , 19138 TO: The Board of County Commissioners Weld County, Colorado F-ROM: Clerk to the Board Office Commissioners: If you have no obj-ections, we have tentatively set the following bearings for the 24th day of February, 198-8 , at 2 :00 P .M. Dock-et No. 88-n5 - Special Review Permit for a single family dwelling unit on a parcel less than the minimum lot size in the A (Agricultural) Zone District - Michael and Sandie Ballotto Docket No. 88-6 - Special Review permit for an airport in the A (Agricultural) Zone District - Kenneth Burnham, et al. OF-FICE OF THE CLE TO THE BOARD BY: �" -2.7€7,,,y e %t Deputy, The above smentioned hearing date and hearing time may be scheduled on the agenda as stated above . BOARD OF COUNTY COMMISSIONERS WE COUNTY, COLORADO / ..,.. ,/ //(,- ei/ ,Z--xi,,./.2”/ 7) 880146 1 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING February 2, 1988 A regular meeting of the Weld County Planning Commissi-on was held on February 2, 1988, in the County Commissioners' Hearing Room, First Floor (1/1_01) , Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the chairman, Ann Garrison, at 1:30 p.m. Tape 304 - Side 2 ROLL CALL • Erni-e -Ross Present Bud Halldorson Present Louis Rademacher Present Jerry -Burnett Present Paulette Weaver Present LeAnn Reid Present Ivan Gosnell Absent - Called in Lynn Brown Absent Ann Garrison Present Also present: Lanell Swanson, Current Planner, Lee Morrison, Assistant County Attorney, and Bobbie Good, Secretary. A -quorum was present. The summary of the last regular meeting of the Planning Commission held on January -4, 1988, -was approved as distributed. CASE NUMBER: U-R-116 (Continued 'from December 15, 1-987) iuuu APPLICANT: Kenneth Burnham REQUEST: A _Special Review Permit for an airport -in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NI of Section 5, T9N, 1167W of the 6th P.M., Weld County, Colorado VACATION: Approximately 7 miles west and 5.5 miles -north of the Sown of Nunn, south of Weld County Road LLD, and east of Weld County Road 15. APPEARANCE: Kenneth Burnham, property owner and applicant, reported he has entered into an agreement with Union Pacific Re-source Company just Trior to toiday's meeting and has submitted a copy of this to the Department of Planning Services Department. This Tequest is for a small airport an-d repair and restoration shop for old planes. He has made application with the FAA and their letter indicates they approve of this. This is a family business and a hobby will take approximately five years to complete. The Chairman called for discussion from the members of She audience. There was none. �;X/>, . 7 7 880148 Summary of the Weld County Planning Commission Meeting February 2, 1988 Page 2 The Chairman asked Mr. Burnham if he had reviewed the recommendation, conditions, and Development Standards as outlined by the Department of Planning Services' staff. He stated he has and has no objections to them. The Chairman asked that the recommendations, conditions, and Development Standards be filed with the summary as a permanent record of these proceedings. MOTION: Paulette Weaver moved USR-816 for Kenneth Burnham for a Special Review permit for an airport in the Agricultural zone district be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation, conditions, and Development Standards as outlined by the Department of Planning Services staff, and the testimony heard by the members of the Planning Commission. Motion seconded by Louis Rademacher. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Bud Halldorson - yes; Ernie Ross - yes; Jerry Burnett - yes; LeAnn Reid - yes; Louis Rademacher - yes; Paulette Weaver - yes; Ann Garrison - yes. Motion carried unanimously. CASE NUMBER: USR-817 . ! APPLICANT: Weld County (Peters Pit No. 2) (Continued from January 28, 1988, canceled meeting.) REQUEST: A Special Review permit for Major Facility of a Public Utility (Open-Pit Mining and Materials Processing) in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the Ni SE} Section 27, T12N, R63W of the 6th P.M., Weld County, Colorado. LOCATION: Approximately 5.5 miles west of the Town of Hereford APPEARANCE: Don Carroll, Weld County Engineering Department, stated they have an existing pit at this location, but it is mined out. There will be a water truck and a crusher on site. He also reviewed the reclamation plans. This is a dry pit. The Chairman called for discussion from the members of the audience. There was none. 880148 SUMMARY OF THE WELD COUNTY PLANNING CCMMISSION MEETING - - -December 15, 1987 A regular meeting of the Weld County Planning Commission was held on December 15, 1987, in the County Commissioners' Hearing Room, First Floor (#101) , Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the chairman, Ann Garrison, at 1:30 p.m. Tape 304 — Side 2 ROLL CALL Ernie Ross Absent — Called in Bud Halldorson Present Louis Rademacher Present Jerry Burnett Absent Paulette Weaver Present LeAnr. Reid Present Ivan Gosnell Absent Lynn Brown Absent — Called in Ann Garrison Present Also present: Rod Allison, Principal Planner, Lee Morrison, Assistant County Attorney, and Bobbie Good, Secretary. A quorum was present. The summary of the last regular meeting of the Planning Commission held on December 1, 1987, was approved as distributed. Neither the applicant or the applicant's representative were present for the first case on the agenda, John S. Kemp, therefore, the second case on the agenda was moved up. CASE NUMBER: USR-816 APPLICANT: Kenneth Burnham REQUEST: A Special Review Permit for an airport in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the Ni of Section 5, T9N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 7 miles west and 5.5 miles north of the Town of Nunn, south of Weld County Road 110, and east of Weld County Road 15. Rod Allison announced the applicant is asking for continuance to February 2, 1988, to allow the FAA to complete a study. The Chairman called for discussion from the members of the Planning Commission. There was none. 1380146 6 fn I /02I Cl/ Mr/ Summary of the Weld County Planning Commission December 15, 1987 Page 2 - - _ MOTION: • Louis Rademacher moved Case Number USR-816 for Kenneth Burnham for a Special Review permit for an airport in the Agricultural zone district be continued until February 2, 1988, to allow the FAA to complete the required studies. Motion seconded by LeAnn Reid. The Chairman called for discussion from the members of the Planning Commission. No further discussion followed. :he Chairman asked the secretary to poll the members of the Planning Commission for their decision. LeAnn Reid - yes; Jerry Burnett - yes; Bud halldorson - yes; -Louis Rademacher - yes; Paulette Weaver - yes; Lynn Brown - yes; Ann Garrison - yes. Motion carried unanimously. CASE NUMBER: Z-438 APPLICANT: John S. Kemp, Trustee REOCEST: A Change of Zone from A (Agricultural) to C-3 (Commercial) . LEGAL DESCRIPTION: Part of the NE} of Section 1, T2N, R63W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1/4 mile northwest of the Town of Roggen; north and adjacent to the I-76 Frontage Road. APPEARANCE: Cary Tuttle, Tuttle Applegate Rindahl, Inc. , represented the applicant. He explained the reasons for applying for a change of zone is sothe applicant can deed the motel the land that is rightfully theirs without creating any illegal lots. Rod Allison explained the uses allowed in Commercial—Three zoning. The Chairman called for discussion from the members of the audience. Nancy Cervi, adjacent property owner, stated they would be very happy to buy this property and incorporate it into their ranch. They are against the C-3 zoning because of what businesses may be conducted on the property. Mark Baca, surrounding property owner, explained that they too are concerned about the type of zoning that will be next to the town. Carl Fedelski, surrounding property owner, also spoke against this request and the impact C-3 zoning could have on their town. Elfie Dornan, area property owner, spoke against rezoning this land and not know specifically what types of business will be conducted. 280143 BEFORE THE -WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Paulette Weaver -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: , t'- ?/ CASE NUMBER: USR-816 r NAME: Kenneth Burnham, et 41 �=a 5 1988 :r U9,i rr; ADDRESS: 3316 Terry Point Drive, Fort Collins, CO 80524 gli " REQUEST: A Special Review Permit for an airport in' the A (Agricultural) zone district . LEGAL DESCRIPTION: Part of the Ni of Section 5, T9N, R67W of the 6th P.M. , held County, Colorado LOCATION: Approximately 7 miles west and 5.5 miles north of the Town of Nunn, south of Weld County -Road 110, and East of Weld County Road 15. be recommended favorably to the Board of County Commissioners for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - She proposal is consistent with the Weld County Comprehensive -Plan since the Agricultural zone district goals and policies are intended to preserve prime agricultural land. The -capability subclass of the soil at this site is VI, nonirrigated. The application materials show approximately 17.3 acres of non-prime farmland will be used for buildings and the airstrip. - 'Since prime farmland is not being removed from production, -the proposal is consistent with the intent of the agricultural district and is provided for as a use by special _review. - The use permitted will be compatible with the existing surrounding land uses and with the future development of the Murrounding areas. The use of the surrounding area is dryland farming and grazing. These activities should continue in the future. - The applicant has demonstrated a diligent effort in conserving productive agricultural land in the location decision for the proposed use. - No overlay districts affect the site. B80148 /Xiti kii r �Y+.� Kenneth Burnham USR-816 Page 2 Use by Special Review IDevelopment Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and county. This recommendation is based, in part, upon a review of the application submitted by the applicant, ether relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached IDevelopment Standards for the Special Review permit be adopted and placed on the Special Review plat prior to recording the plat. 2. The Special -Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat has been delivered to the Department of Planning Services' office and the plat _is ready to be recorded to the office of the meld County Clerk and Recorder. Motion seconded by Louis Rademacher. VOTE: For -Passage -Against Passage Bud Halldorson Ernie Ross Jerry Burnett ImAnn Reid Louis Rademacher Paulette Weaver Ann Garrison The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing -Resolution is a true copy of the -Resolution of the Planning Commission of Weld County, Colorado, adopted on $ebruary 2, 1988, and recorded in Book No. XI of the proceedings of the said Planning Commission. Dated the 2nd day of February, 1988. e, Bobbie -Good Secretary 880148 • INVENTORY OF ITEMS SUBMITTED FOR CO:SIDED TION • • Case Number. a•-•,t; . Submitted or Prepared • • Prior • • • to Ile-arinP At Hearing 1. Application ,s Pages / Application• plat(s) • / page(s) 3. •DPS Referral _Summary Sheet • • 4.' DPS Recommendation `V 5. DPS -Surrounding Propery Owner Mailing list • 6. —DPS Mineral _Owners Mailing list • 7. • f DPS 'Maps Prepared by Planning T-echnirian • 8. DPS Notice of Hearing • 9. APS Case -Summary Sheet ✓ 10. DPS field Dheck • "11. •/ a'1�A5� ?K .s/ JG �3'Tt'flJfY eS'f/i'»-<r7.a"ZJ is f FHiI ✓ 12. riL c-car 13• 14. • 15. • 16. 17. 18. • • • 19. 20. . • I hereby _certify that the /.' items identified herein were submitted to t he • Department of Planning -Services at or _prior to the scheduled Planning Commissl ,m • hearing. • I fur her sertify . that these items were forwarded to the Clerk to the Board's office on' . 19 ac . • urre�n P1 i • ST-ATE OF COLORADO ) , ' COUNTY OF WELD• ". ) • SUB-SCRIBED AhT1 SWORN TO BEF-0RE ME THIS 574 DAY OF —4—r/'Y,t(Cc4-,) l9 I, SEAL f.390_1-118 ,OTARY Pori C � S =«-e),/• E � (� X/1//3:74 `1�u.�.C'C77U'1"�-Aid-ci ft�1.i-x.• bu° ! 0 c/7/p<J. /4JAAyr ' 3Vlv3/ EXHIBIT INVENTORY CONTROL SHEET Case (i/3e- Exhibit Submitted By Exhibit Description 177 A. --/-9/ B• KY/a/7' 72-( ' Siylua4z. �c Qo.rfcc o� /yao rr�irrv� a x C. -247/22(.7H-5,-, Ld7?� A�trx� ���1 ��-ar7 //7?�� i✓ (4.4..72 � z��/ // v, & 11— Cl/2- E. �/ F. / // Y F. 2 LZ��✓ . ✓ / c� � /� r pl° ' G. H. I. J. K. L. M. N. 0. L'30148 TRANSMITTAL federalc-^iiation Administration • Denver 'ports District Office 10455 E. 25th Ave. , Suite 301 Aurora, Colorado 80010 ly Date Subject cA L-_ c k ( c7 � or- ) C O TO: c, < Cc Copies to: 3e unt-Li -)\_)--(2...y\-- . Descri pt ion: Lf'_TtE D ("1 �l1>`. f n V�w�v� ` e \A- This Material is: For your Files _ Per our Conversation _ For your Comment _ For your Approval For your Information _ To be Answered �f�er your Request To be Discussed Remarks Sivnature � � • Title e JA-N 52 1938 Telephone / %c SSA 7 —-- -- - 880148 fr ffi Cu. Maiming iamiwssior +tats-kr.f.u+..v^.+:..�Ilw.w+.a--... a,w•..,� z:a -.w+t:},s*sr ku...•..-:..W.+ usiiF.a.. .++++a.4- M4W'^.'•ahr--:w< M.r�+�,. .,-Sqr e,:cw4.ac . • CONCURRENCES RTG.SYMBOL (303) 40--.5527 INITIALS/SIG. I • DATE Mr. Kenneth Burnham -REG.SYMBOL 3316 Tarry Pt.(Drive Fort -Collins, Colorado 80524 INITIALS/S1G. Dear Mr. Burnham: DATE An airspace analysis (B7-AHH/D-127-NRA) of the proposed private use RTG SYMBOL Burnham Field near Wellington. Colorado, has been completed. Rased on this study, the Federal Aviation Administration (FAA) has no objection INI/1ALSSIG, to the proposal , it will not adversely affect the safe and efficient use of airspace ty aircraft. Enclosed is _asummary copy of FAA recommended DATE design standards. The proposed 3500' _Burnham Field runway length is shorter than the FAA recommended 5000' length -for your elevation. However, our RTG.SYMBOL length recommendations are based on a group of aircraft. I have enclosed an FAA pamphlet on Density Altitude for your information. INITIALS/SIG. -This determination does not mean FAA approval or disapproval of the physica DATE -development involved in the proposal. It is a determination with respect to the safe and efficient use of airspace by aircraft and with respect to RTG SYMBOL the safety of persons and property on the ground. In making this determination, the FAA has considered matters such as the MITI"LS51G. effect the proposal would have on the existing or planned traffic patterns of neighboring airports, the effects it would have on the existing airspace DATE structure and projected programs of the FAA. the effects it would have on the safety of persons and property on the ground, and the effects that RTG.SYMBOL existing or proposed man-made objects (on file with the FAA) and known natural objects within the affected -area would have on the proposal. INITIALS/SIG. The FAA cannot prevent the construction of structures near an airport. DATE The airport environs can only be protected through such means as local - zoning ordinances or acquisition of property rights. RTG.SYMBOL No evaluation of the environmental aspects of the proposal was made in INITIALS/BIG. -reaching this determination. Therefore, this determination i-s not to be construed as approval of the proposal from an environmental standpoint DATE under Public Law 91-190 (National Environmental Policy Act of 1969). XTG.SYMBOL INITIALS/SIG. DATE • 880148 FAA-Form 1360-14(6-81)(6-81) OFFICIAL FILE COPY s} U.S.O.P.O.:1985-572390 I—, .� � .wi Ya•�r..a iW'i A':. .� ...ter ♦ r., Mk' i r. u 4 '1 '..n�i.Y..i 'M _ r w'. r .. 2 CONCURRENS ES RTG.SYMBOL When the airport becomes operational , please complete and return the enclosed FAA Form 5010-5, Airport Master Record. If the airport doesMI ALssw. not become operational by January 31 , 1989, this airspace determination will expire unless you request a time extension. DATE • If in the future you wish to open the airport to public use, a new airspace determination will be required. RTG.SYMBOL INITIALSi51G. Thank you for your cooperation in this matter. If you have any questions, please contact me at the above number. DATE III Sincerely. RTG SYMBOL • a Nu INITIALS/SIG. Ili II DATE Barbara Johnson Airport Planner II D RTG.SYMBOL Enclosures INITIALS/SIG. • CC: jl W: DATE Weld County Planning Department RTG.SYMBOL CC. AAS-300 w/7480-1 & sketch ANM-530 INITIALS/SIG. DATE DEN-611 :BJohnson:mes :x5527:1/1.2/88 RTG.SYMBOL • INITIALS/SIG. DATE RTG.SYMBOL INITIALS/SIG. • DATE • Rro.SYMBOL INITIALS/SIG. DATE • 1380148 • FAA Form 1360-14(6-61) OFFICIAL FILE COPY 4 U.S-G.P.O.:1985—512-590 AGREEMENT THIS AGREEMENT is made this q g day of , 1988, by and between UNION PACIFIC RESOURCES COMP Y ( "UPRC" ) and KENNETH BURNHAM ( "-Burnham" ) and is based on the following premis- es : WHEREAS, Burnham owns the surface rights to certain property located in Weld County, Colorado, -and which is described more specifically as the North half of Section 5, Township 9 North, Range -67 West ( "Property" ) ; and WHEREAS, Burnham intends to develop the Property for an airport for -his private use and in furtherance of such intention has applied to the Weld County Board of County Commissioners for -a Special Review Permit ( "Application" ) ; and WHEREAS, UPRC owns the oil and gas which underlies the Broperty; and WHEREAS, the parties desire to protect the rights of UPRC to develop the oil and gas underlying the Property consistent with Burnham' s plans to develop the surface of the Property; NOW, THEREFORE, in consideration of the premises, the mutual 'covenants herein contained and other good and valuable considera- tion, the parties agree as follows : 1 . Drilling and Dririsite: UPRC shall have the right to -enter upon the Property for the purpose of drilling one well on each forty acre drillsite location ( "Drillsite Location" ) as follows : 1 EXHIBIT 1 U5R- 9i & g a -a . 880148 Drillsite #1 NE/4NE/4 Drillsite #2 SE/4NE/4 Drillsite #3 NW/4NE/4 Drillsite #4 SW/4NE/4 Drillsite #5 NE/4NW/4 Drillsite #6 SE/4NW/4 Drillsite #7 NW/4NW/4 Drillsite #8 SW/4NW/4 UPRC shall have the right to drill each of the wells which are located on Drillsites #2 , 4 , 6 and 8 in the center of the forty acre Drillsite Location. Each of the wells which are drilled on Drillsites #3, 5 and 7 shall be drilled 140 feet to the south of the center of the forty acre Drillsite Location and the well to be drilled on Drillsite #1 shall be drilled 195 feet to the south of the center of the forty acre Drillsite Location. 2 . Access: For each Drillsite Location and commencing with preparation for the drilling of a well and continuing until the well is plugged and abandoned, UPRC shall have full rights of ingress and egress to the location at any time and for any purpose it desires related to oil and gas operations. 3 . Oil and Gas Facilities: UPRC shall have the right to locate permanent pumping units and tank batteries on each Drillsite Location, or , with respect to tank batteries, it shall have the right to locate them at a separate location or locations in such a manner as to not interfere with surface operations. - 2 - S80148 4 . Activities on Property: UPRC shall have the right , but not the obligation, to drill the wells at the Drillsite Locations specified in paragraph numbered 1; however , UPRC is not obligated to commence any activity within any specified period of time. 5 . Cooperation: Burnham shall, without expense to Burnham, cooperate with UPRC thrDu-ghout UPRC' s operations on the Property. Burnham shall Tot construct any facilities on the Drillsite _Locations or take any action that would interfere with or diminish UPRC ' s interests in the Drillsite Locations and access _routes to such Drillsite Locations without prior written approval from UPRC. Provided that such activities are conducted in ac-cotdance with this Agreement, Burnham hereby waives any objection to future operations on the Drillsite Locations and access roads which -are related to oil and gas drilling and production activities . 6 . _'AA Regulations : The parties understand that the airport which is the subject of the Application is -a personal use or a private use airport and, as such, -nay not specifically be subject to the rules and regulations of the Federal Aviation -Administra- tion ( "FAA" ) . She parties nevertheless wish to comply with the FAA recommendations found in 14 £FR Sec. 77 .-23 for permanent structures concerning whether objects are obstructions to the airspace. In furtherance of such desire, the parties agree as follows: - 3 - X0148 a . Each of the Drillsite Locations in the North half of the North half of the Property shall be drilled as provided in paragraph numbered 1 herein. b. UPRC shall notify Burnham in writing at least fifteen ( 15 ) days prior to the date that UPRC intends to bring either a drilling rig or a service rig on the Property for operations on any of the Drillsite Locations in the North half of the North half of the Property. The notice shall set forth the type of operations which UPRC intends to perform and the length of time that UPRC anticipates that the operations will be conducted on the Property. Burnham agrees that he shall not allow planes to either take off or land on the airstrip during the time that UPRC conducts such operations. 7 . Term: This Agreement shall be effective on the date of the Agreement and shall continue at all times and from time to time until and thereafter for so long as UPRC conducts operations on the Property. B . Application: Burnham shall provide the Weld County Planning Lommission and the Board of County Commissioners of Weld County with a copy of this Agreement as a part of the Application. Subject to Burnham' s compliance with this Agreement, UPRC has no objections to Burnham' s application for a use by Special Review Permit . 9 . Successors: This Agreement shall be binding upon, and shall inure to the benefit of the successors, assigns, agents, represen- tatives, lessees, and farmoutees of each of the parties. 10 . Final Agreement ; Amendment : This Agreement represents the _entire agreement between the parties and shall not be amended, except in writing signed by the parties . - 4 - 1380148 IN WITNESS WHEREOF, the parties have executed this Agreement on the clay and year first above written. Kernneth DNION PACIFIC RESOURCES COMPANY n By: Its: ' Attorney-in-Fact - 5 - 880148 ACKNOWLEDGEMENTS STATE OF COLORADO ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 1988, by Witness my hand and official seal. Notary Public Address : My Commission Expires : STATE OF COLORADO ) ) ss . COUNTY OF g3paA .c 4 The foregoing instrument was acknowle ge before me thi 9 day of ,��; 2/wr. , 1988 , by '#• as attornyy-in-fact(/on behalf of Union Pacific Resources ' Company. Witness my hand and official seal .4L-r y Public ffitge74-1 / Address : 4800 4C�O. 4u dO/// My Commission Expires :. ��� � /11/ - 6 - €80148 Date: December 15, 1987 CASE NUM_EER: USR-816 NAME: Kenneth Burnham, et al ADDRESS: 33316 Terry Point Drive, Fort Collins, CO 80524 REQUEST: A Special Review Permit for an airport in the A (Agricultural) zone district . LEGAL DESCRIPTION: Part of the Ni of Section 5, T9N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 7 miles west and 5.5 miles north of the Town of Nunn, south of Weld County Road 110, and east of Weld County Road 15. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1 . The submitted materials are in compliance with the application requirements of Section 24 .7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff +hat the applicant has shown compliance with Section 24 .3 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Weld County Comprehensive Plan since the Agricultural zone district goals and policies are intended to preserve prime agricultural land. The capability subclass of the soil at this site is VI, nonirrigated. The application materials show approximately 17.3 acres of non—prime farmland will be used for buildings and the airstrip. - Since prime farmland is not being removed from production the proposal is consistent with the intent of the agricultural district and is provided for as a use by special review. - The use permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding areas. The use of the surrounding area is dry land farming and grazing. These activities should continue in the future. - The applicant has demonstrated a diligent effort in conserving productive agricultural land in the location decision for the proposed use. - No overlay districts affect the site. - Use by Special Review Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and county. 880148 Kenneth Burnham US —P16 ?a e 7 This recommendation is based, in past, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit be adopted and placed on the Special Review plat prior to _ecerding the plat. The Cpecial Review activity shall not occur nor shall any building or electrical permits he issued en the property until the Special Review plat has 'peen delivered to the Department of Planning Services ' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 880148 LAND-USE APPLICATION SUMMARY SHEET Date: December 8, 1987 CASE NUMBER: USR-816 NAME: Kenneth Burnham -ADDRESS: 3316 Terry Point Drive, Fort Collins, CO 80524 REQUEST: A Special Review permit for an airport in the A (Agricultural) zone district LEGAL DESCRIPTION: Part of the Ni of Section 5, T9N, R67W of the 6th P.M., Weld County, Colorado LOCATION: Approximately 7 miles west and 5.5 miles north of Nunn; south of -Weld County Road 110 and east of Weld County Road 15 SIZE OF PARCEL: 320 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 24 .3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received specific recommendations from the following referral entities: - Weld County Health Department — Federal Aviation Administration A copy of these referral responses are included in this summary packet. The Department of Planning Service's staff has not received any objections from the following referral entities: - Weld County Engineering Department - Office of Emergency Management - Larimer County Planning Department - Nunn Fire Protection District — _Greeley Soil Conservation Service — Surrounding property owners The Federal Aviation Administration in its referral dated November 30, ,) 1987, requested a continuance on Special Review permit 816. This continuance would allow the FAA to complete a study of the proposed airport in accordance with Federal Aviation Regulations part 157. The applicant has concurred with this request and has obtained the proper application to satisfy the FAA's requirement. 880148 .. I• 1l/ 10 n ' . 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"` "" it. .:,fir .... v t .a.{ .S. ' 3 3 "£ .s. 4�W �t .Pr i. W` efrF .., • J �: t x.. Via',. _ Sam lab '+U,�i a 6801' . ,d .P y A c ,--,7" Y5'...1 5 1 it' ` - tom �1� y ? ' C 9 1t Pe n 3 IJ � FIELD CHECK FILING NUMBER: USR-816 DAT-E OF INSPECTION: November 18, 1987 NAME: Kenneth Burnham REQUEST: Special Use Permit for an airport. LEGAL DESCRIPTION: Ni of Section 5, TIN, 167W of the -6th P.M. , Weld County, Colorado. LOCATION: Approximately 7 -miles west, 5.5 miles north £f the Town of Nunn, south of Weld County Road 11D, and east of Weld County Road 15. LAND USE: N Cropland E Crop land S Cropland W Farmhouse, and -crop land. ZONING: N (Agricultural) E A (Agricultural) S 11 (Agricultural) W A (Agricultural) COMMENTS: Access is presently off of a dirt road which is not a through road, this road is an extension of Weld County Road 15 going south of Weld County Road 110. The present use of the property is for crop land. To the west of the road is -a farm house, cattle corrals, and accessory structures. The section is flat in elevation. /72 Br an i-ngle -Purr P�Tzer F301 9 REFERRAL LIST APPLICANT: Kenneth Burnham, et al CASE NUMBER: USR-816 SENT REFERRALS OUT: November 17, 1987 REFERRALS TO BE RECEIVED BY: December 1, 1987 NO SR NR NO SR NR County Attorney X Weld County Health Dept. X Engineering Department County Extension Agent X Office of Emergency Mngmt / X Larimer County Planning Department ✓ P.O. Box 1190 Fort Collins, CO 80522 / X Jerry Burnett Planning Commission Member Rt. 1 Grover, CO 8-07_29 X FAA c/a Barbara Johnson 10455 Bast 25th _St. , Suite 301 Aurora, CO 80010 X Nunn Fire Prevention _District ,°pc ( i "„ • ✓ P.O. Box 128 Nunn, CO 80648 X Greeley Soil Conservation District 4301 -9th _Street Road Greeley, CO 80634 NO=No Objection SR=Specific Recommendations NR=No Response �r 0148 fell) � Denver Airports District Office US Department 10455 East 25th Avenue of Transportar,on Suite sot Aurora, Colorado 80010 Federal Aviation (303) 340-5527 Administration UV ` T "387 Mr. Brian Bingle Weld County Department of Planning 915 10th Street Greeley, Colorado 80631 Dear Mr. Bingle: Thank you for the opportunity to review the application from Kenneth Burnham for a Special Review ermit for an airport pear Nunn, Colorado (Case Number USR-816) . We ha e reviewed our file Miave concluded that a Notice of Landing Area Propos 1 (Form 7480-1 , enclosed) for the proposed airport has not been submitt-e to the FAA in accordance with Federal Aviation Regulation Part 157 enclosed). We request that Weld County postpone action on the Specia Review Permit until the applicant has filed Form 7480-1 with the FA , and the FAA has completed a study of the proposed -airport and issued a determination of the impact the airport may have on the safe and effi ient utilization of airspace by aircraft. Should Mr. Burnham require an assistance in completing form 7480-1 or if he would like any informat on on designing an airport, we would be more than happy to help. Sinc-erely, Barbara nson Airport Planner Enclosures lj NOV 301987 J 1'i?Idio. Planning amminsinn 880148 tma ( fc ! Weld F t_ �` To County Planning g Date November 24, 1987•COLOR DO ., m Health Protection Services 'c, G /� - �cL�- subiecr Case Number: USR-816 Name: Burnham, Kenn th Health Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. Waste oil, waste paints, stains, treatments, anti-freeze, and other associated liquid and soli-d wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. The applicant is proposing the use of a cistern. Health Protection recommends the _cistern be analysed monthly for total coliform bacteria. 3. If provided for mublic consumption, the water supply shall be properly disinfected and shall be tested monthly in accordance with the Colorado Primary Drinking Water Regulations. 4. The septic system for the proposed shop hanger is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 5. An ISDS Evaluation on all existing septic systems will be necessary prior to issuing the requited septic permits on the existing systems. Ibitd_.Gi "� l\ IL [ NOV 251987 t EOM GO. Ph kgla p;amasninp 8SC148 SURROUNDING PROPERTY OWNERS Kenneth Burnham, et al. USR-186 M. J. Diehl and Sons, Inc. 13502 2-25 Carr, CO 80612 Frederick Sidwell, et al. 15506 Risk Canyon Road Belleview, CO 80512 Duane P. Aranci 41228 Weld County Road 15 Fort Collins, CO 80524 David D. and Linda M. Aranci 41228 Weld County Road 15 Fort Collins, CO 80524 Four V. Investments, Inc. 9080 Weld County Road 102 Nunn, CO 80648 Nola N. Pierce 720 Phillips Drive Northglenn, CO 80233 Ward H. Fisher, et al. Post Office Drawer J Fort Collins, CO 80233 Lois I. Stickelmeyer 2806 Madison Drive Longmont, CO 80501 800148 UINERAL OWNERS Kenneth Burnham, et al. USR-816 Union Pacific Land Resources Corporation P.Q. Box 2500 Broomfield, CO 80020 2•712 '24 AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO 1 1 Ss COUNTY OF WELD 1 • I, Clyde Briggs, do solemnly swear that am publisher of The Johnstown Breeze NOTICE OF p that the same is a weekly newspape The Weld PUBLIC NEAHtNO printed, in whole or in part, and publishe mission will Planning com- in the County of Weld, State of Colorado gg conduct Public 15, 1�gg7�at 3p day- December and has a general circulation therein; the reReview,uest permteral of arSpedeal said newspaper has been publishe the A (ggricultu'e an airport ert in continuously and uninterruptedly in sa; Parcel Prom A zone di County of Weld for a period of more thc Part o/tpa is ole described 1 es R67W pf me Section seer N, fifty-two consecutive weeks prior to tl County,Colora 6th ein)n Weld first publication of the annexed legal notic isles more er lean.The cog ert or advertisement; that said newspaper hi is locatednapproxlmatel 7 ° been admitted to the United States mails c west asouth'5o/milea north misty Road Nunn Weld second-class matter under the provisions County lgoad 15 east oCWeid the Act of March 3, 11179, or at The amendments thereof, and that sa the sion f r%ln&Planning%by — newspaper is a weekly newspaper du t ea be. for the consideration o/ be Condve re/erencetlrepueional of qualified for publishing legal notices ar comn,sers the Hearin -aunty advertisements within the meaning of t: First-Henri"'Weld Hearing Room laws of the State of Colorado. Gist eenter, 915C Tenth Lenten- Greeley Colorado, Street That the annexed legal notice or advertis request shouldtad ttootthe abe a ment was published in the regular a. writing to the Weldmittetl In entire issue of every number of aid week 915 Department Street anning Serrvoesa newspaper for the period of consec Greeley Colorada 083j,ra 34p the above tlata before live insertions; and that the fir 76 1987 hearing n p am at publication of said notice w• sjfrthe issue. said newspaper dated.///- A.D. I `.: Coavailable/r pe - peoagon are and that the last publication of said noti the Department inspect' -;e was in the issue of said newspaper dat COUServices Room 342of Planning A.D. 19.�.i. Tenth Street Greele Cent Weill ga5tl • In witness whereof I have hereunto t Phone 366O000r E°xtensb, my hand this S day of % /c'" Ann Gams onA.D. 19 `�7 fig • Weld County' Chairman ln Commission -towBro be eezleahadin the Johns- * /Publist NoveTo mpebllShed one(1 time 36, 1987 1 by Subscribed and s orn to before me. Notary Public in and for the County Weld, State of Colorado, this ..2.5.... day ..,,,`fl',:' A.D. I9.;?..2.. i i ju • ' / Notary Put • • • i My commission expires Ply CcmmL-i;in ?.c rubru3ly 19, 1990 o:Ith F.; . n- v.a .. -crr:s,crari, C.0uw&:;4 • 880148 USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number Date Received Application Checked by Mylar plat submitted Application Fee Receipt Number Recording Fee Receipt Number =========v=a==se==================== TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area _of Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: NORTH 1/2 Section 5 T 9 N, R 67 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: NORTH 1/2 Section 5 T 9 N, R 67 W Property Address (if available) PRESENT ZONE Agricultural OVERLAY ZONES None known TOTAL ACREAGE 320 PROPOSED LAND USE AIRPORT/AGRICULTURAL EXISTING LAND USE DRYT.AND CROPS AND GRAZING SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: — — — Name: LOTS I. STICKELMEYER Address: 2806 Madison Drive City Longmont, Co. Zip 80501 Home Telephone N (303) 776-5557 Business Telephone # (303) 776-5557 Name: Address: City Zip Home Telephone $ Business Telephone 11 APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: KENNETH J. , ARLENE E. , KENNETH J. , Jr., & GREGORY J. BURNHAM Address: 3316 Terry Point Drive City Fort Collins, Co. Zip 80524 Home Telephone 8 (303)493-2494 Business Telephone 1 (303) 493-2494 List the owner(s) and/or lessees of -mineral rights on or under the subject properties of record. Name: UNION PACIFIC LAND RESOURCES CORP. Address: 302 SOUTH 36th. STREET, City OMAHA, NEBRASKA Zip 68131 Name: Address: City Zip I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) J gnature: or Authorized Agent Subscribed and sworn to before me this 6 da yf o C y �ii;�N�� ;V5? 19� NOTARY PUBLIC 700 E. i'':: i:a My commission expires ()- ;. (pi Ft C !Ii s,CC C3Za 880148 APPLICATION FOR A USE BY SPECIAL REVIEW PERMIT - PART 2 PROPOSED USE A limited facility private airport with grass runway for the use of light aircraft. Access to airport to be restricted. NEED FOR USE A landing strip to operate personal antique aircraft. Also, a facility is needed to pursue family hobby and business of flying and working on light aircraft. EXISTING USE ON SURROUNDING PROPERTIES Surrounding properties are agricultural; dry land crops and grazing cattle. DISTANCE OF PROPOSED USE TO RESIDENTIAL STRUCTURES North - 3/4 mile West - 1 1/4 mile ( 300' from owners residence) South - greater than 5 miles East - greater than 5 miles MAXIMUM NUMBER USERS AND PATRONS Primarily for my own use. No more than forty patrons annually. Estimate no more than four take-offs and landings a day on a yearly average. NUMBER EMPLOYEES AND HOURS OF OPERATION No set hours of operation, part time use. Aircraft restoration, flying and maintenance is a hobby and secondary employment for myself, my two sons, and my father. There is a possibility we would employ one other person on a part time basis. WATER SOURCE FOR PROPOSED USE Cistern with hauled municipal water. Aircraft operation is very low water usage. ACCESS ROUTE Weld County Road 110 VEHICULAR TRAFFIC Occasional vehicular traffic; personal passenger cars and light truck. SEWAGE FACILITY Septic field. FIRE PROTECTION MEASURES FOR PROPOSED USE Nunn fire district. On premises fire extinguishers. MAXIMUM NUMBER ANIMALS ON SPECIAL REVIEW AREA AT ANY TIME Will not exceed 4 animal units per acre. Any acreage not utilized for landing strip is planned to remain agricultural which has included the grazing of cattle. 880148 WASTE AND STORAGE AREA FOR PROPOSED USE Negligible waste associated with proposed use. Storage will be inside metal buildings and fenced area per drawing. STORM WATER RETENTION FACILITIES Not applicable REMOVAL AND DISPOSAL OF DEBRIS, JUNK AND OTHER WASTES Negligible waste associated with proposed use. Any waste engine oil will be collected, stored in containers and sold. Any debris stored in enclosed area and removed by owner in a timely manner. LANDSCAPING AND EROSION CONTROL Landing strip and hangar areas to be maintained in natural or native grass as recommended by the Soil Conservation Service. RECLAMATION PROCEDURES UPON CESSATION OF ACTIVITY Not applicable. TIME SCHEDULE We anticipate plans to be completed within five years. 880145 APPLICATION FOR A USE BY SPECIAL REVIEW PERMIT - PART 3 HOW PROPOSAL IS CONSISTENT WITH WELD COUNTY COMPREHENSIVE PLAN This proposal is consistent with the Weld County Comprehensive Plan be- cause the area in which the airport will be located is agricultural, and except for approximately thirty acres which will be used for a grass run- way and two metal buildings, the land will remain agricultural. The runway will be planted in native grass as recommended by the Soil Conservation Service. HOW PROPOSAL IS CONSISTENT WITH INTENT OF DISTRICT IN WHICH USE LOCATED The proposal is consistent with the intent of the district in which it will be located because other than minimal acreage used for landing strip, the land will remain agricultural. EFFORTS MADE IN LOCATION TO CONSERVE AGRICULTURAL LAND IN ZONE DISTRICT In order to conserve productive agricultural land in the agricultural zone district, the location chosen is classified as dry wheatland, and the runway will be located to minimize loss of agricultural land. PROTECTION FOR HEALTH SAFETY AND WELFARE OF NEIGHBORHOOD AND COUNTY The special use requested does not jeopardize the health, safety or welfare of the inhabitants of the surrounding area and county. The runway is locat- ed so approaches will not be made over residences, power lines, other obstructions, or over major roads at low altitudes. COMPATIBILITY WITH SURROUNDING LAND USE - EXISTING ADJACENT LAND USE The appearance of the buildings to be constructed and the grass landing strip will be similar to agricultural facilities and agricultural land use. The adjacent properties are used for grazing cattle and dry land crops. COMPATIBILITY WITH FUTURE DEVELOPMENT OF AREA Any acreage not utilized for the landing strip and the hangar storage buildings is planned to remain agricultural, which is compatible with existing zoning and consistent with the projected development of the surrounding area. LOCATION OF SPECIAL REVIEW AREA/FLOOD PLAIN, ETC. The use by special review area is not located in a flood plain, geologic hazard or Weld County Airport overlay di-strict area. This application does comply with section fifty (50), overlay district regulations as outlined in the Weld County Zoning Ordinance. 880148 :'he printed portions of this form approved by the Colorado Red Estate Commission(SC 27-2-81) THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD,LEGAL,TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. I VACANT LAND CONTRACT TO BUY AND SELL REAL ESTATE (Remedies Include Specific Performance) October 27, 87 ,19 1. The undersigned a ent hereby acknowledges having received f o Kenneth J. Burnham and Arlene E. Burnham f �00.UU the sum of$ a in the form of Personal Check ,tobeheldby Agri—Enterprises, Inc. (Escrow) I broker, in broker's escrow or trustee account, as earnest money and part payment for the following described real 'i estate in the County of Weld ,Colorado,to wit: The North Half of Section 5, Township 9 North, Range 67 West of the 6th P.M. 320 Acres 41 (Dryland Wheat Land) !' All gas, oil, and mineral rights owned by seller, if any, to transfer to buyers. is j H t together with all easements and rights of way appurtenant thereto,and all improvements thereon and all fixtures of tU3 a permanent nature currently on the premises except as hereinafter provided, in their present condition,ordinary ,-i wear and tear excepted,and hereinafter called the Property. W 2. The undersigned person(s) Kenneth J. Burnham and Arlene E. Burnham U1 t�t�� (u (as joint tenants/0(eMi.f/s/iAAMMIl4, hereinafter called Purchaser, hereby agrees to buy the Property, and the ti undersigned owner(s), hereinafter called Seller, hereby agrees to sell the Property upon the terms and conditions stated herein. 68,800.00 N 3. The purchase price shall be U.S.$ _,payable as follows:$1,000.00 hereby receipted for; N With Balance, of $67,800.00, along with an additional amount of $3,000.00 for o shared expense in paying Bill Diehl for summer fallow and planting wheat crop in September — 1987; this leaving a total balance of $70,800.00 to be paid as follows: Assume two (2) FmHA loans, and the balance to be paid in certified rSa !! funds at time of closing. This price only if all or alialifitflRtxEhNxfotxplxdtxttd� e the Government CRP(Conservation Reserve Program) for a period of 10 years at a H price of not less than 'per acre, and projected to be $45.00 per acre. — I $42.50 This price, also, contingent on Bill Diehl voluntarily releasing all payments to purchasers. Any costs encurred after closing, as to destroying crop, etc. to be the expense of the buyers.When land is delivered to buyer there will be no claim against the buyer by Bill Diehl for loss of crop. If land is not placed in or accepted into the CRP program, or if the program is not offered, buyers agree to pay seller $54,400.00, to be paid as follows: $54,400.00, less $1000.00 earnest money deposit, leaving a balance of $53,400.00 Buyer to assume two FmHA loans, and pay balance in certified funds at closing andl at time of transfer of deed. Buyer to assume lease with Bill Diehl and to rec- eive landlords share of crop. If property sold at $54,400.00,, sellers will have no further obligation to' Bill Diehl.When land is delivered to buyer there will be no claim against buyer for any crop expenses encurred prior to date of closing;. FmHA loan, consists of two loans in approximate total amount of $47,500.00 & both! contract prices subject to being able to assume the FmHA loans as are in place. 4. Price to include: Any fences in place. and the following water rights: None — Water hydrant in road on west side of subject property. II it 5. If a new loan is to be obtained by Purchaser from a third party,Purchaser agrees to promptly and diligently(a) apply for such loan,(b)execute all documents and furnish all information and documents required by the lender,and I (c)pay the customary costs of obtaining such loan.Then if such loan is not approved on or befor,NQC_ aDDicable 19_,or if so approved but is not available at time of closing,this contract shall be null and void and all payments and things of value received hereunder shall be returned to Purchaser. 6. If a note and trust deed or mortgage is to be assumed, Purchaser agrees to apply for a loan assumption if required and agrees to pay(1)a loan transfer fee not to exceed$ 500.00 and(2)an interest rate not to exceed 8% %per annum.If the loan to be assumed has provisions for a shared equity or variable II interest rates or variable payments, this contract is conditioned upon Purchaser reviewing and consenting to such provisions. If the lender's consent to a loan assumption is required,this contract is conditioned upon obtaining such consent without change in the terms and conditions of such loan except as herein provided. 7. If a note is to be made payable to Seller as partial or full payment of the purchase price,this contract shall not be assignable by Purchaser without written consent of Seller. ! 8. Cost of any appraisal for loan purposes to be obtained after this date shall be paid by Buyers i I No.SC27.2-81. CONTRACT TO BUY AND SELL REAL ESTATE(Vacant Land) 6 86 Bradford publishing.5825 w 6th Ave..Lakewood,CO 10214—1103)233-6900 880148 Ai✓,Aa'A/✓,AA iS A• :/,A✓1 t1./kI tI.mI AS/kt'/•r/5f 11'/I/'/,/r/,�c a r r,.u t r„n„n,'., ' 'I fur l i i l,. i n n n,,,a r,. lu d i r v $r I II amount equal to the purchase price, at Seller's n :/Ili i/ae expense, shall he IL rnishrd to I'u rohusor oil or hvforr November 15, ,017 .1f Seller elects to furnish said title insurance commitment,Seller will Ideliver the title insurance policy to Purchaser after closing and pay the premium thereon. 10. The date of closing shall he the date for delivery of deed as provided in paragraph I I.The hour and place of Agri-Enterprises, Inc. within 30 days.after approval or -de#hat of I dnaingshnubena designated by 11. Title shall be merchant-able in Seller,except as stated in this paragraph and in paragraphs 12 and 13.Subject land be— ll to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof, ipg apps' Seller shall _execute and deliver a good and sufficient General warranty deed to Purchaser on ved under -Date of Closing , 19 ,or,by mutual agreement,at an earlier date,conveying the Property free and CRP pro- fclear of all taxes,except the general taxes for the year of closing,and except — None ; I gram. free and clear of all liens for special improvements installed as of the date of Purchase 's signature hereon,whether See ad/1 assessed or not;free and clear of all liens and encumbrances except itiona 1 None provision. except the following restrictive covenants which do not contain a right of reverter: Existing encumbrance in -favor of Farmers Home Administration, which is to be assumed by buyers, and existing roads, easements, ditches and right-of-ways of record or in use, if any. and except the following specific recorded and/or apparent easements: Any of record, in place or use. and subject to building and zoning regulations. I 12. Except as stated in paragraphs 11 and 13,if title is not merchantable and written notice of defect(s)is given by Purchaser or Purchaser's agent to Seller or Seller's agent on or before date of closing, Seller shall use reasonable ' effort to correct said defect(s)prior to-date of closing. If Seller is unable to correct said defect(s)on or before date of closing,at Seller's option and upon written notice to-Purchaser or Purchaser's agent on or before date of closing,the H date of closing shall be extended thirty days for the purpose of correcting said defect(s).Except as stated in paragraph 13,if title is not rendered merchantable as provided in this paragraph 12,at Purchaser's option,this contract shall be I void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. i 13. Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this i' transaction or from any other source. Provided, however, at the option of either party, if the total indebtedness :'I !I secured by liens on the Property exceeds the purchase price,this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall �i be returned to Purchaser. 14.�General taxes for the year of closing,based on the most recent levy and the most recent assessment,�tlWa 1 I I II 4124.,,/�'fals/r/rhA1/s{.Iewiellirft,i,FHA mortgage insurance premiums and interest on encumbrances,if any,AIN/////-II /////////////////////////////////////M////////shall be apportioned to date of delivery of deed. 15. Possession of the Property shall be delivered to Purchaser on Date of closing and at time of transfer of "Deed. See additional provisions H subject to the following leases Or tenancies: ' Refer to other provisions. 16. In the event the Property is substantially damaged by fire, flood or other casualty between the date of this contract and the date of delivery of deed,Purchaser may elect to terminate this contract; in which case all payments and things of value received hereunder shall be returned to Purchaser. 17. Time is of the essence hereof.If any note or check received as earnest money hereunder or any other payment due hereunder is not paid,honored or tendered whendue,or if any_ether obligation hereunder is not performed as herein provided,there shall be the following remedies: (a) IF SELLER IS IN DEFAULT,(1)Purchaser may elect to treat this contract as terminated,in which case all payments and things of value received hereunder shall be returned to-Purchaser and Purchaser may recover such damages as may be proper,or(2)Purchaser may elect to treat this contract as being in full force and effect and Purchaser shall have the right to an action for specific performance or damages,or both. (b) IF PURCHASER IS IN DEFAULT,(1)Seller may elect to treat this contract as terminated,in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller and Seller may recover such damages as may be proper,or(2)Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to an action forspecific performance or damages,o r both. (c) Anything to the contrary herein notwithstanding, in the event of any litigat.izn arising out of this _contract,the court may award to the prevailing party all reasonable costs and expense,including attorneys'fees. 18. Purchaser and Seller agree that,in the event of any controversy regarding the earnest money held by broker, unless mutual written instruction is received by broker,broker shall not be required to take any action but may await any proceeding,or at broker's option and discretion,-may interplead any moneys or things of value into court and may recover court costs and reasonable attorneys'fees. B�3�r 43 19. Additional provisions: p, w II 1• FmHA loans that are being assumed will be securred by First Deed of Trust - on property. v c ri 2. Purchase is contingent uponbeing `'g p purchasers able to assume current FmHA N m•i loans and approval of said mortgage terms and conditions. If purchaser fails to approve said terms and conditions this contract is void. j. 3. Purchase contingent on Weld County Department of Planning Services grant- ,'i' n H Ling an Airport, Use By Special Review. Fees for filing of necessary ap- plication for Use By Special Review to be at purchaser's expense. g a 4, Seller agrees to co-operate with purchaser for completion of Use By Spec- a v ial Review Application. Purchaser warrants -- said co-op eration will not w cause seller any liability. „ O 5.Closing to occur within 30 days after all contingencies have been satisfied. a` ro Sellers do not want to close prior to January 1, 1988 Not to exceed 6/1/88 ort 1-+ ti a granted by FmHA for buyers assumption of loans at current rate of m 6. Sellers agree to file application for placing land in the CRP (Conserva-�T o tion Reserve Program) immediately after program is announced, if and when program is extended. 7. Copy of original farm- lease with Bill Diehl attached for reference if lease is to be assumed by buyers. Terms and condition of lease, if assumed to remain thru the 1988 crop season. 8, All gas, oil, and mineral rights owned by seller, if any, to transfer to buyers. 20. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before October 30, 1e 87 , this instrument shall become a contract between Seller-and Purchaser and shall inur to the benefit • irs,successors a 1assigns of such parties,except as stated in paragraph 7. s , Ar'L O Broker Agri-Enterprises, Inc. '' weasel. Kr n- '�" urn am Detc ...e-, — 332 South Link Lane Fort Collins, CO 80524 , I '5tarchaser Arlene .�urnham /C�c d7 'Date By`r -2-�W -t� %L' • JSl-y7'/ Harold W Johps n / Purchaser'sAddreae 3316 Terry Point Drive - Fort Collins, Colorado 80524 , j (The following section to be completed by Seller and Listing Agent) i i 21. Seller accepts the above proposal this day of October ,198 7 and agrees Il; to pay a commission of 5 %of the purchase price for services in this transaction,and agrees that,in I the event of forfeiture of payments and things of value received hereunder, such payments and things of value shall be divided between listing broker and Seller,one-half thereof to said broker,but not to exceed the commission,and the balance to Seller. i e I \ Q, _ v Ail 11,1,7,-/V0 Ad in7.7 r/dJ Seller Lois I. Stickelmeyer seller I 2806 Madison Drive - Longmont, Colorado 80501 (Phone 776-5557) I�, Seller's Address Listing Broker's 332 South Link Lane - Fort Collins, Colorado 80524 Phone (303-221-2607) i Additional provisions (Continued) '3, This contract amends the closing date on previous land contract dated Ij August 21, 1987 for 160 Acres of Land & Improvements at 6932 Weld County il Road 110, Carr, Colorado (Ni of 111/2 of Section 6, Township 9 North, Range 67 West of the 6th 'P.M. , from- February 1, 1988 to March 1, 1988 , or as Il -soon as leasable after Weld County approves Airport, by Special Review. • I 880146 The printed portions of this form approved by the Colorado Real Estate Commission(SC 25.2.5 II THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD,LEGAL,TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. FARM AND}IANCH CIONT-RA-CT TO BUY AND SELL REAL ESTATE (Remedies Include Specific Performance) August 20, 19 87 1. The undersignedagent-hereby acknowledges having received from Kenneth J. Burnham and Arlene E. Burnham the- -- ---- ,In the form of perconaLcheck___—_ to be held by _Agri-Enterprises, Inc. broker, in broker's escrow or trustee account, as earnest money and part payment for the following described real estate in the County of_ Weld ,Colorado,to wit: 6932 -Weld County Road 110 - Carr, Color-ado The North -I of the North 2 of Section 6, Township 9 North, -Range 67 West of the 6th.P.M. - Weld County — State of Colorado 160 Acres, +/- native pasture with improvements. All ail, gas, and mineral rights to transfer to buyers, that are owned by -sellers, if any. together with all easements and rights of way appurtenant thereto, all improvements thereonand all fixtures of a -permanent-nature currently on the premises except as hereinafter provided, in their present condition, ordinary wear and tear excepted,and hereinafter called the-Property. 2. The undersignedperson(s) Kenneth J. Burnham and Arlene F. Burnham (as joint tenants/,ldr✓aWdfd/dnMd16/), hereinafter called Purchaser, hereby agrees to buy the Property, and the undersigned owner(s), hereinafter called Seller, hereby agrees to sell the Property upon the terms and conditions stated herein. c - o 3. The purchase price shall be U.S'�R 6fr;$B�gg___�k p ! Ie-1, ( s:$1,000.00 hereby receipted for; with the balance ofd$ 88` to'b"@Oanr ion of the Current FmHA (Farmers -Home Administration) loan -that i on the property, with a fixed rate of interest of -8%, the note being a first deed of trust on property and in the approximate -amoun-t of 46, !QO ith the difference 'between the FmHA loan and the 1 , @. trdlA e `` application of the $1 ,000.00 ernest money deposit to be -paid in y certified funds at the time of closing and transfer of the Deed. 4. Price to include the following personal property: All fences, gates, grain tank, t833 accamblad old American -Steel -Bin-(as--is-j , propane tank, stove and refriger- ator in small house and built-in range in main residence. to be conveyed by-bill of sale at time of closing in their present condition,free and clear of all personal-property taxes, liens and encumbrances,except: None and except any-personal property liens in any encumbrance specified in paragraph 12. The following fixtures of a permanent nature are excluded from this sale: Equipment which is -property of tenant, including water tanks, mineral feeder£, -portable feed bunk, cattle head-gate in corral and -water softner in basement of main re-sidence. 6. Price to include the following water rights: Three domestic wells, only one working. Buyers are -aware of problem with wells and are buying property and wells as are as of this date. _Buyers are aware that the water is not being used for domestic purposes in resident. See (21 , ) -Additional provisions pertaining to water analysis. 6./fWAfigW/l/9%/444Aktf$31644✓erf44/4/o/It{4A✓cifA4A i/1/AWle.Wh i.lf/i>/dIMIWaAAlg eid1 1 r4411444,4l11/04A/( IellelitgithilolizAllt lahAMv{JrJNdif✓n4l1>dirle/n/•ida/✓ditAtdt/s/,•14/44/3 e/l n(dieWainel Ofd04,44,Es<s404/19404,40t410Ailk✓lb41W1 44;11/44/4 /4AWaldedabido(41111///////1/1/, YWII/d0P194/14 441-/(1'i 1 fX4Wf(A4h1VV9V 44 1;1011/44E✓441A-44✓tk44104,44A,Ud:>/aWllM✓fpIAt'L14/ ' Nrs 0/4hANIA944d41 /0)461/I Vlfeh4/'tAAAAWlikf,4d94/ No.SC25.2.81. CONTRACT TO BUY AND SELL REAL ESTATE(farm and Ranch) 3-87 (!tbryl Bradford ILh)`in b 5X25 W.(11 Ave,LaAc000d.CO X1214—(303)233.69(10 `�% 8801.48 7. If a note and trust deed or mortgage is to be assumed, Purchaser agrees to apply for-aloan assumption if required and agrees to pay(1)a loan transfer fee not to exceed$5C(L on and(2)an interest rate not to exceed .%per annum. If the loan to be assumed has provisions for a shared equity or variable interest rates or variable payments, this contract is conditioned upon Purchaser reviewing and consenting to such provisions. If the lender's consent to a loan assumption is required, this contract is conditioned upon obtaining such consent without change in the terms and conditions of such loan except as herein provided. None 8. If a note is to be made payable to Seller as partial or full payment of the purchase price,this contract shall not be assignable by Purchaser without written consent of Seller. t Cost of any appraisal for loan purposes to be obtained after this date shall be paid by *N/A However, if one taken, appraisal shall be at buyers expense. 10. dillsimisrf uto/tkifri1(9/ehu/41itVoH$v46/via current commitment for title insurance policy in an amount equal to the purchase price, at Seller's Nt/gf}/jIrj4yexpense, shall be furnished to Purchaser on or before September 15, __, 1937_AW14,(/ /✓.+A//r/i/4✓+4AVaa4flW V 1194 0441AA/.Seller will deliver the title insurance policy to Purchaser after closing and pay the premium thereon. 11. The date of closing shall be the date for delivery of deed as provided in paragraph 12.The hour and place of closing shall be as designated by —AgriEnterprises _Ifc._(SeE other provisions for date) 12.-Title shall be merchantable in Seller,except as stated in this paragraph and in paragraphs 13 and 14. Subject to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient ___Special warranty deed to Purchaser on Date of Closing , 19 ,or,by mutual agreement,at an earlier date,conveying the Property free and clear of all taxes,except the general taxes for the year of closing,and except Nnne free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon,whether assessed or not;free and clear of all liens and encumbrances except The FmHA loan which is to be assumed by purchaser. except the following restrictive covenants which do not contain a right of reverter: None and except the following specific recorded and/or apparent easements: Existing roads, easements, ditches and right of ways of record, if any. Also, subject to power line (REA) that may cross property to furnish electricity to the new house southwest of subject property. and subject to building and zoning regulations. 13. Except as stated in paragraphs 12 and 14,if title is not merchantable and written notice of defect(s)is given by Purchaser or Purchaser's agent to Seller or Seller's agent on or before date of closing, Seller shall use reasonable effort to correct said defect(s)prior to date of closing. If Seller is unable to correct said defect(s)on or before date of closing,at Seller's option and upon written notice to Purchaser or Purchaser's agent on or before date of closing,the date of closing shall be extended thirty days for the purpose of correcting said defect(s).Except as stated in paragraph 14,if title is not rendered merchantable as provided in this paragraph 13,at Purchaser's option,this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 14. Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this transaction or from any other source. Provided, however, at the option of either party, if the total indebtedness secured by liens on the Property exceeds the purchase price,this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 15. General'/ taxes for the year of closing,based on the most recent levy and the most recent assessment,prepaid a(v�8.t rents, ahAh/ste,(vef/./r/tt,FHA mortgage insurance premiums and interest on encumbrances,if any,and electricity and propane fuel in tank shall be apportioned to date of delivery of deed. Purchaser shall be responsible for any sales and use tax that may accrue because of this transaction. 16. With respect to the growing crops Seller and Purchaser agree as follows: No growing crops, only pasture which will transfer to purchaser at time of closing subject to Rental Lease On House and Land signed on 12/26/84 by Bill Diehl. (Copy attached) 17. Possession of the Property shall be delivered to Purchaser on Date of closing and at the time of transfer of Deed. subjecttothefollowingleasesortenancies: Rental Lease On House and Land signed on 12/26/84 by Bill -Diehl. 30 day notice to tenants unless other arrangements made between all parties. If Seller fails to deliver possession on the date herein specified,Seller shall be subject to eviction and shall be liable for a daily rental of$ 2'0•CC• until possession is delivered. 18. The risk of loss from any damage to the improvements by fire or other casualty prior to the date of closing shall be on Seller; provided, however, that if Seller shall maintain insurance on said improvements which will compensate for the full replacement value thereof, and if Purchaser elects to carry out this contract despite such damage,Purchaser shall be entitled to all such insurance proceeds.The risk of loss for any damage to growing crops, by fire or other casualty,shall be borne by the party entitled to said crops as provided in paragraph 16,and such party shall be entitled to the insurance proceeds,if any. x80148 -k' i3 19. Time is of the essence hereof.If any note or check received as earnest money hereunder or any other payment due hereunder is not paid,honored nr tendered when duo, or if any other obligation hereunder is not performed as ' o� herein provided,there shall he the following remedies: (a) IF'SELLER IS IN DEFAULT,(1)Purchaser may elect to treat this contract as terminated,in which case L all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover such damages as may be proper,or(2)Purchaser may elect to treat this contract as being in full force and effect r r and Purchaser shall have the right to an action for specific performance or damages,or both. J (b) IF PURCHASER IS IN DEFAULT,(1)Seller may elect to treat this contract as terminated,in which case p all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller and Seller _ may recover such damages as may be proper,or(2)Seller may elect to treat this contract as being in full force and • � effect and Seller shall have the right to an action for specific performance or damages,or both. V 4. (c) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this ••.• contract,the court may award to the prevailing party all reasonable costs and expense,including attorneys'fees. .j i 20. Purchaser and Seller agree that,in the event of any controversy regarding the earnest money held by broker, ' " unless mutual written instruction is received by broker,broker shall not be required to take any action but may await ��' any proceeding,or at broker's option and discretion,may interplead any moneys or things of value into court and may y � recover court costs and reasonable attorneys'fees. ' ^ ',...- 21. Additional provisions: Pr 1. Purchase is contingent on purchaser being able to assume current FmHA loan an approval of said mortgage terms and conditions. If purchaser fails to approve said terms and conditions this contract is void. , q — T. 2. Purchase contingent on Weld County Dept. of Planning Services granting an Air '', port, Use By Special Review, and construction of a second home permit on said p __,ti property. Fees for filing and filing of necessary application for Use By r Special Review to be at purchaser's expense. ..-4,, n: 3. Purchase is subject to purchaser squiring additional land needed for the air— port runway on the South boundary of said property. ` 4. Seller agrees to co-operate with purchaser for completion of Use By Special Review Application. Purchaser warrants said co-operation will not cause ;•' it} seller any liability. • .t ` 5. Purchase contingent upon available well water being treatable for domestic use as determined by water analysis now in process at Colorado State Universi y. Providing water is treatable to the purchasers satisfaction, this contingency N ' 'Y--t will be removed when analysis an consultation is completed, approximately v . September 4, 1987. / license 6. Purchase is contingent upon both parties of this contract reaching agreement 1 1 in regard to the use, operation and expense of the water hydrant and water .- . A line located on adjoining 320 acres on the East boundary. 1' 7. Closing to occur within 30 days after all contingencies have been satisfied. 2, 8. Purchaser to have First Right of Refusal on purchasing the additional 320—N.,2 acres +/- in the North '-2 of Section 5, Township 9 North, Range 67 West of the 6th. P.M. '� 22. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before -. + Se t mber 1 19 87 his instrument shall become a contract between Seller and Purchaser and shall f' inure e benefit oft - r uccessors and assigns of such parties,except as stated in paragraph 8. > G' `/A� clamor Broker Agri—Enterprises. Inc. e n Date 7 . .S/L// c/I 4.7 Purchn" Arlene . Burnham //Date By'` arold{W. J�s ` �/ ' Purchaser's Address 3316 Terry Point Drive, Fort Collins, Colorado 80524 - (Phone 493-2494) (The following section to be completed by Selle//,�and fisting Agent) 23. Seller accepts the above proposal this / day of `/ ,19 i',sd agrees • to pay a commission of 6 %of the purchase price for se vices in this transaction,and agrees that,in the event of forfeiture of payments and things of value received hereunder,such payments and things of value shall be divided between listing broker and Seller,one-half thereof to said broker,but not to exceed the commission,and the balance to Seller. el / ,� _ I 'O ,---Id CCLit/Nye/4/J sett r Lois 1. Stickelmeyer '� Seller Seller'sAddress 2806 Madison Drive, Longmont, Colorado 80501 (Phone 776-5557) Listing Broker's Name and Address 332 South Link Lane, Fort Collins, Co. 80524 (Phone 303 221-2607) * N/A Not Applicable 13801_46 Ya r7�3 �: *''t1'+-1 �� ( o t.':.;:',.44: AN P�. g i M1 •ri4 " fY n tr�.�, '` 'may Ht '�, r l k5 +d �G +i" � d .:Al',: ' fir . it f` v ^� w r Y C4i! 4 s Nlpiri y , t 4� , " � � ,1;4 a 880113 u' :i...,1 e ' a r 3:{2,�L�w1 vv t Y , ^ `a M1 lLGGYYY���111,, {.Y�+S �J �s.. 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CSI 1 e�7 e '..N ' ,1 ! 1 c, !' � \ / ` y "'7 'Ya y4.# '• �N JS t 1�0r, .,.,' . ._. t 4f sAi. -It, d'-,( e r•,-...y,,..,, /4T g rye 1 lC Ni.•aft •t�l ��Z flt 47:,...,..7,,f,,,-,,.•..-3, {, tr. ,,..1 ., MI ,'. 2 - { 'lei W sRR Adrs �a � ti rA l i F it,.. Yis:, S T Y1 N � ?w .� x�r � .+./ Y+.4 rt s` pz,t, s i '�.it r v, w.;1- -� . - . Weld County, Colorado, Northern Part7"/ 13 4—Ascalon fine sandy loam, 0 to 6 percent slopes. 5—Ascalon fine sandy loam, 6 to 9 percent slopes. This deep, well drained soil is on smooth to moderately This deep, well drained soil is on moderately dissected dissected plains. It formed in calcareous loamy alluvium. to highly dissected plains. It formed in calcareous loamy Typically, the surface layer is dark brown fine sandy alluvium. loam 8 inches thick. The subsoil is sandy clay loam 14 Typically, the surface layer is dark brown fine sandy inches thick. The substratum to a depth of 60 inches or loam 6 inches thick. The subsoil is sandy clay loam 15 more is calcareous sandy loam. In some areas the inches thick. The substratum to a depth of 60 inches or surface layer is loam. more is calcareous sandy loam. In some areas the Included in this unit are small areas of Ascalon fine surface layer is loam. sandy loam that has slopes of 6 to 9 percent, Olney fine Included in this unit are small areas of Altvan fine sandy loam, and Otero sandy loam. Also included are sandy loam, Cascajo gravelly sandy loam, and Peetz some areas of Rock outcrop. gravelly sandy loam. Also included are some areas of Permeability of this Ascalon soil is moderate. Available Rock outcrop. water capacity is high. Effective rooting depth is 60 Permeability of this Ascalon soil is moderate. Available inches or more. Runoff is slow to medium, and the water capacity is high. Effective rooting depth is 60 hazard of water erosion is slight to moderate. The inches or more. Runoff is medium to rapid, and the -hazard of soil blowing is moderate. hazard of water erosion is high. The hazard of soil This unit is used as nonirrigated cropland and blowing is moderate. Tangeland. Winter wheat is the main crop. This unit is used as rangeland and nonirrigated This unit is well suited to winter wheat, barley, oats, cropland. Areas of nonirrigated cropland are poorly and sorghum. Because precipitation is not sufficient for suited for use as rangeland and should be seeded to annual cropping, a cropping system that includes small adapted grasses. gain and summer fallow is most suitable. Precipitation The potential plant community on this unit is mainly usually is too low for crops on this unit to make efficient blue grama, western wheatgrass, sedges, and buffalograss. The average annual production of air-dry use of fertilizer. Maintaining crop residue on or near the surface vegetation ranges from 400 to 1,300 pounds. reduces runoff, reduces soil blowing, and helps to If the range is overgrazed, the proportion of preferred foramaintain soil tilth and organic matter content. Stubble- preferred ee plants decreasespltincreases.ane the eon Therefore, l less mulch farming, striperopping, and minimum tillage help to forage plants oh livestock control erosion and conserve moisture. Terraces reduce grazing should cie managed sai that the lnt balance runoff and the risk of erosion and help to conserve of preferred species is maintained in the plant community. moisture. Range seeding is suitable if the range is in poor The potential plant community on this unit is mainly blue grama, western wheatgrass, sedges, and condition. The plants selected for seeding should meet the seasonal requirements of livestock or wildlife, or buffalograss. The average annual production of air-dry both. Other management practices that are suitable for vegetation ranges from 500 to 1,500 pounds. use on this unit are proper range use, deferred grazing, If the range is overgrazed, the proportion of preferred and rotation grazing. If the plant cover is disturbed, forage plants decreases and the proportion of less -protection from erosion is needed. Loss of the surface preferred forage plants increases. Therefore, livestock layer results in a severe decrease in productivity and in grazing should be managed so that the desired balance the potential of the soil to produce plants suitable for of preferred species is maintained in the plant grazing. community. This unit is well suited to windbreaks and Range seeding is suitable if the range -sin poor environmental plantings. Supplemental irrigation may be condition. The plants selected for seeding should meet needed when planting and during dry periods. the seasonal requirements of livestock or wildlife, or This map unit is in capability subclass Vle, both. Other management practices that are suitable for nonirrigated,and in Loamy Plains range site. use on this unit are proper range use, deferred grazing, and rotation grazing. If the plant cover is disturbed, 6—Ascalon-Blakeland complex, 3 to 15 percent protection from erosion is needed. Loss of the surface slopes. This map unit is on alluvial and colluvial fans layer results in a severe decrease in productivity and in and on moderately dissected to highly dissected plains. the potential of the soil to produce plants suitable for This unit is 50 percent Ascalon fine sandy loam and grazing. 30 percent Blakeland loamy sand. The components of This unit is well suited to windbreaks and this unit are so intricately intermingled that it was not environmental plantings. Supplemental irrigation may be practical to map them separately at the scale used. needed when planting and during dry periods. Included in this unit is about 20 percent Bushman fine This map unit is in capability subclass IVe, sandy loam, Bresser sandy loam, and Wages fine sandy nonirrigated, and in Loamy Plains range site. loam. 880148 Soil survey _36 preferspecies is maintained in the plant buffalograss. The average annual production of air-dry of mmun ty. vegetation ranges from 500 to 1,500 pounds. community.If the plant cover from erosion If the range is overgrazed, the proportion of preferred Loss the disturbed, protection is needed. of surface layer results in a severe forage plants decreases and the proportion of less decrease in productivity and in the potential of the unit to preferred forage plants increases. Therefore, livestock produce plants suitable for grazing. Slope limits access grazing should be managed so that the desired balance by livestock and results in overgrazing of the less sloping community.of preferred species is maintained in the plant areas. Management practices suitable for use on this unit are Range seeding is suitable if the range is in poor proper range use, deferred grazing, and rotation grazing. thedeion. Threquirements plants ted lifor seeking should meet Livestock grazing should be managed to protect the unit from excessive erosion. Mechanical treatment is not both. ote . On ther munanagemre ent panties ces that adere suited able eifor ng, pe because slo of the areas of Rock outcrop and the and rotation grazing. If the plant cover is disturbedf steepness of s oe. This unit is poorly suited to windbreaks and protection from soil blowing is needed. Loss of the environmental plantings. The main limitations of the surface layer results in a severe decrease in productivity Peetz soil are the high content of lime, moderate and in the potential of the soil to produce plants suitable available water capacity, and steepness of slope. for grazing. Supplemental irrigation may be needed when planting This unit is well suited to windbreaks and and during dry periods. environmental plantings. Supplemental irrigation may be This map unit is in capability subclass Vlls, needed when planting and during dry periods. nonirrigated, and in Gravel Breaks range site. This map unit is in capability subclass IV, nonirrigated, and in Loamy Plains range site. 54—Platner loam, 0 to 3 percent slopes. This deep, well drained soil is on smooth to slightly dissected plains 55—Renohill fine sandy loam, 0 to 6 percent and adjacent stream terraces. It formed in calcareous slopes. This moderately deep, well drained soil is on loamy alluvium. slightly dissected to moderately dissected plains. It Typically, the surface layer is grayish brown loam 4 formed in calcareous loamy or clayey residuum derived inches thick. The subsoil is clay, clay loam, and silty clay dominantly from shale. loam 20 inches thick. The substratum to a depth of 60 Typically, the surface layer is brown fine sandy loam 5 inches or more is calcareous fine sandy loam and sandy inches thick. The subsoil is clay loam 13 inches thick. loam. The substratum is calcareous clay loam 14 inches thick. Included in this unit are small areas of Ascalon fine Shale is at a depth of 32 inches. Depth to shale ranges sandy loam, Manzanola clay loam, and Nunn clay loam. from 20 to 40 inches. In some areas the surface layer is Also included are soils that have a fine sandy loam or loam or clay loam. sandy loam surface layer. Included o in this are areas Midway clay Permeability of this Platner soil is slow. Available water loam, d in his unit Rock smallareas of shale. capacity is high. Effective rooting depth is 60 inches or Permeability, Shingle of this and ock outcropsoil slow. Available . more. Runoff is slow, and the hazard of water erosion is water capacity is moderate. Effective rooting depth is 20 slight. The hazard of soil blowing is moderate. to 40 inches. Runoff is medium, and the hazard of water This unit is used h at is them cropland and erosion is slight to moderate. The hazard of soil blowing rangeland. Winter wheat is the main crop. is moderatte. This unit is well suited to winter wheat, barley, oats, moThid r is used as rangeland and nonirrigated and sorghum. Low annual precipitation is the main cropland. limitation for the crops that can be grown on this unit. The potential plant community on this unit is mainly Because precipitation is not sufficient c for annual blue grama, western wheatgrass, sedges, and and s a cropping that l Pr e i small o grain buffalograss. The average annual production of air-dry and summer fallow r is most suitable.o Precipitation usually vegetation ranges from 500 to 1,500 pounds. is too low for crops on this unit to make efficient use of If the range is overgrazed, the proportion of preferred fertilizer. forage plants decreases and the proportion of less reMaintaining crop residue soil on or near the helps toe preferred forage plants increases. Therefore, livestock maintain auca runoff, h reduces blowing, on . to razin should be managed so that the desired balance soil filth and organic matter content. Stubble- grazing mulch farming, striperopping, and minimum tillage help to of preferred species is maintained in the plant control erosion and conserve moisture. Terraces reduce community. runoff and the risk of erosion and help to conserve Range seeding is suitable if the range is in poor moisture. condition. The plants selected for seeding should meet The potential plant community on this unit is mainly the seasonal requirements of livestock or wildlife, or blue grama, western wheatgrass, sedges, and both. Other management practices that are suitable for 880148 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property North Half of Section 5, Township 9 North, Range 67 West of the 6th P.M. 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, 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 subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submissi6 te. -The foregoing instrument was subscribed and sworn to before me this I L% day of K lr1/4_4'71_ , 1942. WITNESS my hand and official seal. My Commission expires: \C .nc,- l Notary Publ c C'CO r' p, , With CJ 7:17,5 880148 NAMES OF OWNERS OF PROPERTY WITHIN 30D FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE -IDENTIFICATION # Diehl, M.J. & Sons, Inc. 13502 2-25 0303-31-000-001 Carr, Co. 80612 Diehl, M.J. & Sons, Inc. 13502 2-25 0303-32-000-006 Carr, Co. 80612 Diehl, M.J. & Sons, Inc. 13502 2-25 0303-33-000-002 Carr, Co. 80612 Sidwell, Frederick, ETAL 15506 Risk Canyon Road 0303-33-000-003 Belleview, Co. 80512 Aranci, Duane P. 1/2 Int. -41228 Weld County Road 15 0453-04-000-001 Ft. Collins, Co. 80524 Aranci, David D. & 41228 Weld County Road 15 0453-04-000-001 Linda M. 1/2 Int Ft. Collins, Co. 80524 Diehl, M.J. & Sons, Inc. 13502 2-25 0453-05-000-003 Carr, Co. 80612 Four V. Investments, Inc. 9080 Weld County Road 102 0453-05-000-004 Nunn, Co. 80648 Pierce, Nola N. 720 Phillips Drive 0453-06-000-010 Northglenn, Co. 80233 Fisher, Ward H., ETAL most Office Drawer J 0453-06-000-011 Ft. Collins, Co. 80522 Stickelmeyer, Lois 1. 2806 Madison Drive (under contract to Longmont, Co. 80501 0453-06-000-009 applicant, Kenneth J. Burnham) - 880143 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject-Property North Half of Section 5, Sownship 9 North, Range 57 West Of the 6th. P.M. STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being #i-rst duly sworn, states -that to the best of his or her knowledge the attached list is a true and accurate list tf the names and addresses of ,all mineralowners and lesses of mineral owners on or under the _parcel oT land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. The foregoing instrument was subscribed and sworn to before Ise this iv day bf �-krr� ,? , 19 WITNESS -my hand and official seal. My Commission expires: c., _ T,.t Notary Public 7C0 E. D ako rt.Collins,CO 80525 880148 NAMES OF INTEREST OWNERS MINERALS -AND/OR SUBSURFACE Union Pacific Land -Resources Corporation 302 South 36th. Street Omaha, Nebraska 68131 • E701.1/3 Hello