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
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880143
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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
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Exhibit Submitted By Exhibit Description
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L'30148
TRANSMITTAL federalc-^iiation Administration
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Denver 'ports District Office
10455 E. 25th Ave. , Suite 301
Aurora, Colorado 80010
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Descri pt ion:
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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
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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
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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
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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
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