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Home My WebLink About870180.tiff RESOLUTION RE: ACTION OF THE BOARD TO RETURN USE BY SPECIAL REVIEW APPLICATION OF ERIE ROAD JOINT VENTURE TO PLANNING COMMISSION FOR FURTHER CONSIDERATION DUE TO CHANGES IN THE APPLICATION 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 11th day of March , 1987 , at the hour of 2 : 00 p.m. in the Chambers of the Board to consider the request of Erie Road Joint Venture for a Use by Special Review for an auto salvage and outside storage on property located in Part of Section 15 , Township 1 North , Range 68 West of the 6th P.M. , Weld County, Colorado, and WHEREAS , at said hearing the applicant submitted evidence that there have been substantial changes from the original application which was reviewed by referral agencies and heard by the Planning Commission , resulting in a recommendation for denial by said Planning Commission , and WHEREAS , due to said changes in the application , the applicant is requesting that this matter be referred back to the Planning Commission, and WHEREAS , the Board , after hearing the testimony and statements of those present , studying the recommendation of the Planning Commission , and considering the evidence of changes in the application presented by the applicant, finds that the request to refer this matter back to the Planning Commission shall be granted for the following reasons: 1 . It is the opinion of the Board of County Commissioners that the applicant, in its letter of February 10 , 1987 , has demonstrated that substantial changes occurred in the proposed operation stated in the original application . a) The acreage to be used for this proposal is to be reduced from over 300 acres to approximately 48 acres. b) The use of the 50-acre parcel will be limited to motor vehicle salvage only. 870180 Page 2 RE: REFER TO PLANNING COMMISSION - ERIE ROAD JOINT VENTURE c) An opaque six-foot high fence will be placed on the north and west boundaries of the 50-acre parcel. 2 . It is the opinion of the Board of County Commissioners that further review and hearing by the Planning Commission is necessary and appropriate in order that this Board will have a recommendation of the Planning Commission based upon the changed Use by Special Review proposal. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that there has been substantial change in the facts and circumstances regarding the application of Erie Road Joint for a Use by Special Review on the hereinabove mentioned parcel. BE IT FURTHER RESOLVED by the Board that the request to refer this matter back to the Planning Commission be , and hereby is, granted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of March, A.D. , 1987. BOARD OF COUNTY COMMISSIONERS ° /f�{ "yy aS- WELD COLORADO ATTEST: A� 04. OLA,,i/i ! ' ';tenz: ,,, , Weld County Clerk and Recorder 7 'Chairmanand Clerk to the Board O EXCUSED BY: 024.2444. C.WKirby, Pro-Tem Deputy plounty C Wei JJn APPROVED AS TO FORM: Gen e R. Brate ft n flat- APPROVED �� EXCUSED DATE OF SIGNING - AYE O Jacqueline Johnso i County Attorney Fr aguchi 870180 rThr - C k r' MAR 1 21987 ""'e"' Member Broker MARX REAL ESTATE CORP. �Y. 3701 South Broadway ��- ___ _ . Englewood,Colorado 80110 GRL Ltw. co Office 303/761-4004 REALTOR A COMPLETE REAL ESTATE SERVICE February 10, 1987 Weld County Board of Commissioners P.O. Box 758 Greeley, CO 80632 Re: USR-774:86: 55 Name: Erie Road Joint Venture Legal Description: Part of Section 15, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado, as amended Gentlemen: Erie Road Joint Venture is requesting this hearing to substantially modify and reduce the above cited application from us for a "Use By Special Review" , reducing the acreage from 214 acres to no more than 50 acres for Motor Vehicle Salvage only, which we believe will answer, and satisfy, all objectors. 1) The Weld County Planning Commission stated that our application was not in compliance with the requirements of Section 24.7 and Section 24.3 of the Weld County zoning ordinances. We submit that we met the qualifica- tions of the Department of Planning Services, set forth in the May 1986 comprehensive plan. In the plan, on pages 48-54, "Interstate 25 Mixed Use Development" along the I-25 corridor, encourages industrial use according to the cited pages. Columbine Iron and Metals, Inc. and David J. Joseph Company are similar salvage type businesses, operating under "Use. by Special Review" all along our south border. The third objection of the Planning Services is that there was not demonstrated a diligent effort to conserve productive agricultural land. The Soil Conservation Service does clarify the soil as prime; however, testimony from Cleland Dairy (who has farmed it for 14 years) has shown that there is no irriga- tion water and the land is too rough to consider prime. Other objectors denoted on the summary of the Weld County Planning Commission meeting of January 20, 1986 are as follows: Robert M. Meddles, property owner; with the reduction in acreage and an opaque metal fence, will be unable to see the proposed fifty acres unless he goes onto our property or that of Cleland Dairy' s. George Ruff, property owner, also objects to the visual impact. We will erect a metal opaque six foot fence on our north and west boundaries of the 50 acre parcel . Mr. Ruff then cannot see the use unless he goes onto our property. 8701 g0 Independent MARX REAL ESTATE CORD Meiib'reT0TeT 3701 South Broadway "° Englewood,Colorado 80110 '� '" Office 303/761-4004 REALTOR A COMPLETE REAL ESTATE SERVICE Larry Ackerman, representing Earl and Ruth Arneson, property owners, will be unable to see our proposed 50 acres because the two existing similar operators screen our property from the South. The Railroad right-of-way and bridge on Interstate 25 visually screen our southeast 50 acres totally from Interstate 25. Hank Epstein, Town of Erie, and Erie residents, cannot see our proposed use unless they go onto the Cleland Dairy property. We have talked off-and-on about annexation to Erie for the past fifteen years. Erie has no services and cannot provide any benefits to this hidden south 50 acres. The geologic hazard (undermining) eliminates residential or commercial development because, as the geotech report indicates, neither road nor utilities can be built with a high degree of safety and economic long life regarding maintenance. Raymond Bury, property owner, as quoted by Hank Epstein, cannot see our intended use unless he goes to extreme effort, or goes onto our property. The situation is the same for Nancy Coufel , property owner and Vern Mueller, property owner. Gary Cleland, property owner, adjoins on the west and farms ours and the other adjacent property to the west. An opaque fence will screen the Cleland property for visual impact, and still permit farming of the Ruff, Meddles, Mueller, Coufel , Cleland and Erie Road Joint Venture Property without interruption of irrigation ditches, etc. Ronnie Halstrom, property owner, will be unable to see our intended use on the south 50 acres. The sections to the north and east are owned by the Union Pacific Railroad, and the Union Pacific Railroad right-of-way totally screens our property from view from Interstate 25, Weld County 10 and Weld County Road 8. It seems that to reduce this application from 214 acres to no more than 50 acres will answer all objections. The Tri-Area Planning Commission objection is soley that of visual impact and with this reduction of 77%, the objection should go away. We ask that the Weld County Commissioners approve our application and "Use by Special Review" for the southeast 50 acres as shown. Sincerely, ERIE 0AD JOINT VENTURE i rtt717frfidg7'9 iob agtt P. Marx U E EIVE Managing Venturer RPM/slh FEB 111987 Weld Co. Planning ComwiSSion • 870130 HEARING CERTIFICATION DOCKET NO. 87-10 RE: USE BY SPECIAL REVIEW FOR AUTO SALVAGE AND OUTSIDE STORAGE - ERIE ROAD JOINT VENTURE A public hearing was conducted on March 11 , 1987, at 2:00 P.M. , with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner C.W. Kirby, Pro-Tem - Excused Commissioner Gene Brantner Commissioner Jacqueline Johnson 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 18, 1987, and duly published February 26, 1987, in the Johnstown Breeze, a public hearing was conducted to consider the application of Erie Road Joint Venture for a Use by Special Review for auto salvage and outside storage. Lee Morrison, Assistant County Attorney, made this matter of record. Keith Schuett, representing the Planning Department, read the Planning Commission's recommendation for denial into the record. He said the applicant has submitted a letter requesting that the application be changed to state that the number of acres to be used in this operation be reduced from over 300 acres to approximately 48 acres; the use is to be limited to auto salvage only; and a metal opaque six-foot fence will be erected on the north and west boundaries of the 50-acre parcel. The Board must determine whether these changes are substantial enough to refer the matter back to the Planning Commission. Robert Marx, managing venturer for Erie Road Joint Venture, said the applicant is requesting that the original application be withdrawn, and this application with the changes, be referred back to the Planning Commission. The Board agreed to hear testimony from those present, with testimony to be limited to whether or not this matter should be heard by the Board today, or referred back to the Planning Commission, based upon the request of the applicant. Henry Epstein, development director for the Town of Erie, stated that Erie would still object. George Ruff asked for a recess to discuss the matter with others in the audience. Let the record reflect that a five minute recess was called. After the recess, Mr. Ruff, Nancy Coufal, Gary Cleland, and LaVerne Mueller came forward to request that the hearing be conducted today. Mr. Marx came forward and again requested that the matter be referred back for a hearing before the Planning Commission. Commissioner Johnson moved to refer this matter back to the Planning Commission. Commissioner Yamaguchi seconded the motion and it carried unanimously. Page 2 CERTIFICATION - ERIE ROAD JOINT VENTURE This Certification was approved on the 16th day of March, 1987. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST Yf L; , WELD COUR , C ORADO fi Weld County Clerk and Recorder and Clerk to the Bo d Go n By: EXCUSED DATE OF H ARING Deputy ounty C C. Kirby, Pro-Tem OVirkwt Gene R. Brantner EXCUSED DATE OF APPROVAL Jacqueline Johnson ama uchi TAPE #87- DOCKET #87-10 PL0107 870173 ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending. TODAY' S HEARINGS ARE AS FOLLOWS: March 11, 1987 DOCKET # 87-10 USR-Auto salvage & outside storage - Erie Road Joint Venture DOCKET # DOCKET # NAME ADDRESS HEARING ATTENDING )(Art/ C.fe(c„i S 3x )41 uvC,Q47 era -to �OGILP� i 2'7-/U hid /ekiry 4 ..5,-2V tore" Doc " -44- 7-/0� bti;tk X. w* 3 4'e 4J c A' 4-7 et.c-.� 1` 042kt e7-/v LA n). :rO :3 9717 IA) C 7 if; �' pod/44SS 7 10 \ )0 3 LI 76 Cue 7CAA �-7) C L-U thk 7- /0 /� \gyn: ✓.ey snit, , u.t( e,p_ 35'/a ter cP. '7 E7' ; e- Doohtn # F7- Jo \H I'm i 1 . 16fr . (owlf e( i C i /o c./1/ 'i l 8-53,- . -J 7— ".e-rts .t'7f1.7C. " /23/- 46-C (.z � e7 /a nr a 3 70( St, r3,, "ci tri reCtiQuca, c bocci ST (O 870180 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First -Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use by Special Review are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO -KNOWN that the text and -maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 87-10 Erie Road Joint Venture 3701 South Broadway Englewood, Colorado 80110 DATE: March 11, 1987 TIME: 2:00 P.M. REQUEST: Use by Special Review - Auto salvage and outside storage LEGAL DESCRIPTION: Part of Section 15, Zbwnship 1 -North, Range 68 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles east of Erie; north of Weld County Road 8, south of Weld County Road 10 and West of 1-25 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DAZED: February 18, 1987 PUBLISHED: February 26, 1987, in the Johnstown Breeze eve,O/ f a8701 ' • AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO 1 1 ss COUNTY OF WELD 1 I, CIyd&Briggs, do solemnly swear that I am publisher of The Johnstown Breeze; • that the same is a weekly newspaper printed, in whole or in part, and published NOTICE in the County of Weld, State of Colorado, Pursuant to the zoning laws of LEGAL DESCRIPTION: Part of and has a general circulation therein; that the State of Colorado and the Section 18n Tasinehlp 1 North, said newspaper has been published Weld County Zoning Ordinance, Range sent-at the 8th P.M, continuously and uninterruptedly in said a public will be held d In We Cou C bretlo County of Weld for a period of more than the Chambers of the Board of County Commissioners olo of unt LOCATION: AOWnorth of 3 County, Colorado, Weld county miles east of Ede;north of Weld fifty-two consecutive weeks prior to the Centennial Center, 915 10th County Road 8, tauth of Weld Street, First Floor, Greeley, County Rosa 1 and Weet of l- first publication of the annexed legal notice Colorado, a the time specified.maner 25. or advertisement; that said newspaper has inAll persons the any manner been admitted to the United States mails as Review eviewed in requested by t Special BOAR D MI COUNTY second-class matter under the provisions of and are r d to attend (X1q WELD COMMISSIONERS and may be heard. WELCOLOORRADDOO the Act of March 3, 1879, or any Should the applicant or any amendments thereof, and that said' presence ented c desire the BY: EUMARV ANN. newspaper is a weekly newspaper duly make a tout reprter toproceed- • FEUERSTEIN a record of the ped COUNTY D CLERK C AND inga in addition to the taped -RECORDER AND CLERK qualified for publishing legal notices and record which will be kept during TO THE BOARD advertisements within the meaning of the, Bthe ffi the Clerk to the foam Office can be contacted BY: Mary Reiff, Deputy laws of the State of Colorado. for a list of certified court reporters in the area. If a court DATED: February 18, 1987 'Thief the annexed legal notice or advertise- reporter Is obtained,the Clerk to rent was published in the regular and the Board's. Office shall be PUBLISHED: February 28; 1987, entire issue of every number of said weekly advised in writing of such action in the Johnstown Breeze at rinse five prior to gig the - newspaper for the period of .1..... consecu- hearing. The cost of engaging ya court reporter shall be borne by tive insertions; and that the first Be requesting ALSO party. publication of said notice was in the issue of teBE ITand ALSO KNOWN -that the • p said newspaper dated ?r 1':4, A.D. (b97 siot may so md b the Weld County Planning Commis- sion and that the last publication of said notice sion may be examined in the was in the issue of said newspaper dated office of the clerk to the Board of County Commissioners; located , A.D. 19 in the Weld County Centennial - Floor,Center, 915 10th treat, Third In witness whereof I have here'pnl0 se Floor, Greeley,-coloreeo. t my hand/}this ....2.G. day of rc b DOCKET NO. 87-10 APPLICANT A.D. 19.F.7 n'��y,�(t ture Erie 3ood, Coior Broadway n1 //�/�7�/I�/�/ Englewood, Colorado 80110 / / DATE: March 11, 1987 L Publisher TIME: 2:00 P.M. REQUEST: Use by Special Review — Auto salvage and Subscribed and sworn to before me, a outside storage Notary Public in and for the County of Weld, State of Colorado, this ,,Q4-. day of - ,,,,,,2 A.U. 19c��.. • fre.4 l/ 7'"E' t-ykY Nootary Public My commission expires _ • . ., . - rxpires Juno 14, 194; 2 1 _!S Parsh Avenue oor;vwn WS73.4 . -y.%"'. 0 A11-IDAl - '1' OF PUBLICA 'ION FARMER AND MINER F ti a 3 • i 1e. • �' _ County of Weldss a N E Iti ti State of Colorado ) W -lit • 0 me Josevh H . Rebel do ra 112 it 1. zze yes rc VNQ wa4 > solemnly swear that THE FARMER AND MINER is a weekly uwo my 4 newspaper which is published in the County of Weld, State of o"0 ;as Paste Advertisement F o ≥ •:• m Colorado, and which has general circulation therein; that said $us =4h newspaper has been published continuously and unierruptedly in <WY said County of Weld for a period of more than fifty-two consecutive e e' weeks next prior to the first publication of the annexed legal notice 3 m ua or advertisement; that said newspaper has been admitted to the ter, United Sates mails as second-class matter under the provisions • 0414 .DO ta of the Act of March 3, 1879,or any amendments thereto, and that .€� �£� said newspaper is a weekly newspaper duly qualified for pub- Iii lishing legal noticesand advertisements within the meaning of Ito st 'ao G ..... :3% the laws of the State of Colorado. That the annexed legal notice or adwvertisement ent was published n fis8 E el in the regular and entire editions of said c newspaper once each m ill = E g n �3 O Est week on the same day of each week for theperiod of one gkQp 3"N a s₹c g iii." consecutive insertions; and that the first publication of said notice A FebtuarY 26 was in the issue of said newspaper dated 0 ms 2 R it will a 19 87 and that the last publication of said notice was in the a Bg a issue of said newspa r dated 19 1 r,a 9R s 2 g it =O 2 N > r 3a€ .. .. Wa Business Manag ri a`s S a f eP 4100 0 it 04 Subscribed and sworn to beforeme this 2.b.t.h day or 1111_16 w; February 19 87111 $ s 3,21-90 89191 . My Commission Expires 11 a2-. .,......., a a Ii Y w Notary Public i 13111 8 FEES S i II/IIII 1 e�w1Tlg-5E4zo ;=i 1: = •488 £t a •E ,a. • g - 5 jwa,iss, tut los-rs 41 }Ia0P0a -S 1; al IL . ilillica dill 4.Og' ag saGIIap 2 ;its 3 �`�!Plinth: Z a S 870180 13 8 8 8Il,i nE:uz b§§vuSi... . DATE: February 18 , 1987 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections , we have tentatively set P.M.te following hearing for the 11th day of March, 1987 , at Docket No. 87-10 USR, Auto salvage and outside storage - Erie Road Joint Venture OFFICE OF THE ?LERK TO THE BOARD BY: /� l/' J / �cr , Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,cOLORADO A titi Cxi/ip,r 1 riThf &tP4' % OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000. EXT.4200 P.O. BOX 758 iggLID GREELEY,COLORADO 80632 COLORADO rev wrir t1 r Ms January 28, 1987 FEB 1 1 1987 Erie Road Joint Venture 3701 South Broadway Englewood, Colorado 80110 Dear Sirs: Your application for a Use by Special Review for auto salvage and outside storage has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is shown as part of Section 15, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado. If you wish to be heard by the Board of County Commissioners, it will be necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. Regular hearing procedures will then be followed. This includes publishing a Notice of Hearing in the legal newspaper, an expense to be paid by you. In order to proceed as quickly as possible, we must receive your reply by February 13, 1987. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD LINTY, OLORADO I wish to have a hearing on this matter brought before the legal advertising he e Board of County Commissioners. I agree to pay for rtinnil 0 aD .D T.'i S H 4 00 � Qti o ' a � aa 0 P 0 o 0 ul q F G a p4 y W w ,4 HOC.7 xr- z wMw I 1 g• •© x u. I o Hr a o � o � o '� w e e , Summary of the Weld County Planning Commission Meeting January 20, 1986 Page 6 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. Lynn Brown - yes; Lydia Dunbar - yes; LeAnn Reid - yes; Ivan Gosnell - yes; Paulette Weaver - yes; Ann Garrison - yes; Jack Holman - yes. The motion carried unanimously. The Chairman called a break at 2:40 p.m. The meeting was again called to order by the chairman, Jack Holman at 2:50 p.m. CASE NUMBER: USR-774:86:59 QJ% APPLICANT: Erie Road Joint Venture REQUEST: Use by Special Review for auto salvage and outside storage. LEGAL DESCRIPTION: Part of Section 15, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 8; south of Weld County Road 10 and west of I-25. APPEARANCE: Jerry McRae, P.E. , McRae and Short, Inc. , and Robert Marx, the managing joint venture partner, represented the applicants. Mr. Marx stated they have owned this property since January of 1973. This property is undermined and there is no water with the property so it is considered a dryland farm. A neighboring dairy farmer has been renting this parcel and it is alternately summer fallowed. They want to make this into a junk, salvage, and used auto parts operation. They want to lease this property to twenty different operators. They would screen the property with five rows of trees on the north and south sides. Access to the railroad track is on this property so it would be easy to dispose of excess parts. The property is adjacent to I-25. They have had objections from the Town of Erie, the Tri-Area Planning Commission and individual land owners in the area. There are two similar operations already in this area. Because this land is a Geologic Hazard, they feel they are proposing a higher and better use of the land. They have received a letter of commitment for a water tap from Left Hand Water District. Jerry McRae reported 1-25 provides good access which is close to the site. . ', u-,ed fir 717 short distance. _�_.. ._, . _ r;r fron the members of the audience. 8?0180 Summary of the Weld County Planning Commission Meeting January 20, 1986 Page 7 Molly Summervill, Attorney, Champlin Petroleum, reported Champlin Petroleum owns the oil and gas rights on this property and these have been leased to Amoco Production Company. They have no objections to this request as long as their rights are protected. An agreement entered into between the applicants, Amoco Production Company, and Champlin Petroleum which was signed on January 20, 1987, was submitted. This article is labeled Exhibit A. Tape 266 — Side 1 Ken Neff, Panhandle Eastern Pipe Line Company, they do not object to this proposal, but there are high pressure natural gas lines running through this property. No permanent structures can be built over these lines and their concerns are for the safety of the people who may be working on the property. There should be no problem as long as long as there is no outside influence exerted on the lines. A plat of the pipelines submitted by Panhandle Eastern Pipe Line is marked Exhibit B. Robert M. Meddles, surrounding property owner, spoke in opposition to this request. They want to live in a rural area, but they do not want to live close to any more junk yards. Mr. Meddles has a Conditional Use Permit for a horse boarding facility. George Ruff, property owner to the west of proposed use, feels this proposal is not complimentary to what is already there. He does not feel trees could be planted for screening because there is no water. Also, there are too many businesses in too small an area. He discussed entering Weld County on I-25 and looking north---the existing junkyard sites are not attractive. It is his feeling the area should remain rural. Larry Ackerman represented Earl and Ruth Arneson, surrounding property owners. He stated the junkyards in this area have had a devastating affect on the Arneson's property value. Junkyards could be better placed than next to an interstate highway. The businesses in this area are detrimental to any planned development in the area. Hank Epstein, Community Development Manager, Town of Erie, entered Exhibits C and D. The Town of Erie is asking that this request be denied for reasons stated in the submitted materials and at the request of the surrounding property owners. Weld County's Comprehensive Plan and Erie's Growth Plan go hand-in-hand, and this does not comply with either plan. Businesses with long-term desirability should be planned for this area. The Geological Hazard argument is not entirely valid. Buildings can be built, but they would need to be modified to comply with the area. He stated a letter, from Raymond Burrey, surrounding property owner, asking for denial of this request had been received by his office. 8701 80 Summary of the Weld County Planning Commission Meeting January 20, 1986 Page 8 Nancy Coufel, surrounding property owner, is opposed to this request. The area should remain agricultural. Vern Mueller, surrounding property owner, opposed this request because of rodents, odors, and environmental pollution caused by the junkyards. Gary Clelland, adjacent property owner, reported the property is very o screen businessesnd it on this ould be si a are hard o ytand when they burn business. they pollute the aree other a This property is too rolling to raise row crops. Ronnie Ealstron, surrounding propertyowner, stated they now have two dumps, a landfill, a speedway, and the Northglenn Sewer in their neighborhood and this is enough. The Chairman asked Keith Schuett to read the recommendation of the Department of Planning Services staff into the record. The staff's recommendation is for denial. Tape 266 - Side 2 Jerry McRae stated he feels the concerns of the staff have been answered. No town would want this proposal within its boundaries. There is no water with this property and if the area farmers want to farm this they use their own water. Robert Marx reported they sold the water with the land they sold from this property. George Ruff stated if the applicant does not think that a town would want this proposal within its boundaries, what makes them think the we, the neighborhood, would want it either. MOTION: Paulette Weaver moved case Number USR-774:87:59 for Erie Road Joint Venture for a Use by Special Review permit for an auto salvage and outside storage facility be forwarded to the Board of County Commissioners with the Planning Commission's strong recommendation for denial based upon the recommendation of the Department of Planning Services staff and the testimony heard by the Planning Commission. This kind of use is much more. appropriate in an industrially zoned area of a town. Some town, if it is viable, must want it somewhere. This would be an incredible eyesore on I-25. An interstate highway that carries the type of traffic that I-25 has should give a good s. The Plan, even thoughuitidoesore recommend some some development dalong I-25,Ildo se e the not include this 8701 PO Summary of the Weld County Planning Commission Meeting January 20, 1986 Page 9 kind of development and does not include this particular area specifically. There are other specific areas where development is encouraged on I-25. The highest and best use is not always a more intensive use. The highest and best use of this piece of land may well be agriculture forever. This would be taking farmland out of production and that is contrary to the Comprehensive Plan. There is probably no way to adequately screen an area of this size, even in fifty years with trees, or shrubs, or a combination windbreak or anything else. It is totally inappropriate at this particular location. Motion seconded by Lydia Dunbar. 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. Lynn Brown — Yes, she is strongly in favor of denying this. In addition to the reasons cited by Paulette, we have heard suite strongly from the Town of Erie, from the Tri-Area Planning Commission, and perhaps most importantly, from the people living immediately adjacent to this area. We have also heard some fairly serious health and safety concerns from the pipe line company. Lydia Dunbar - Yes, for the reasons already stated. LeAnn Reid - Yes, for reasons already stated. Also, she conducted an on site inspection of this property and feels it is a rather pretty area of our County. Ivan Gosnel - Yes, for the reasons that have already been stated. Paulette Weaver - yes; Ann Garrison - yes; Jack Holman - yes. Motion carried unanimously. The meeting was adjourned at 4:05 p.m. Respectfully submitted . )O\a-1 4-9 Q`ooA Bobbie Good Secretary 870180 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 itrResolve&rby:c.the41e1d County Planning Commission that the application for: G CASE NUMBER: USR-774:86:55 Ii ! JAN 2 6 1987 �f ��!, NAME: Erie Road Joint Venture dlik ADDRESS: 3701 South Broadway, Englewood, CO 80110 REQUEST: Use by Special Review permit for auto salvage and outside storage LEGAL DESCRIPTION: Part of Section 15, TIN, R68W of the 6th P.M. , Meld County, Colorado LOCATION: Approximately 3 miles east of Erie; north of Weld County Road 8, south of Weld County Road 10 and west of I-25 be recommended unfavorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are not in compliance with 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 not shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The applicant has not shown that this proposal is consistent with the Weld County Comprehensive Plan Urban Growth Goals and policies. This proposal is not adjacent to an existing municipality and does not conform to the desires of the Towns of Erie and Dacono land-use decision making bodies. Neither Erie nor Dacono have agreed to provide services for this proposal at this time; - The applicant has not demonstrated how this proposal is consistent with the Agricultural zone district in which it would be located; - The applicant has not demonstrated how this proposal will be compatible with the existing and future surrounding land-uses. This proposal is located in the Towns of Erie and Dacono urban growth boundaries. The Town of Erie, in its letter dated January 6, 1987, signed by Henry M. Epstein, Director of Community Development, recommends that this request be denied. Becky Marker, Secretary, Tri-area Planning Commission indicated in a phone conservation on January, 15, 1987, that the Tri-Area Planning Commission is recommending denial of this request; and re 80 �.: AmilitT 8. USR-774:86:55 Erie Road Joint Venture Page 2 The applicant has not demonstrated that a diligent effort has been made to conserve productive agricultural land in the location of the propose use. The soils reports indicate that the majority of the soils located on the proposed site have a capability subclass designation of II e irrigated, and III c nonirrigated. This is prime agricultural land. This recommendation is based, in part, upon a review of the application subittd by the t, other relevant request andm thee responses aofl the n information referral entities whichhave rev regardingthe iewedthisrequest. Motion seconded by Lydia Dunbar. Vote: For Passage Against Passage Lynn Brown Lydia Dunbar LeAnn Reid Ivan Gosnell Paulette Weaver Ann Garrison Jack Holman 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, fy the e and g theh Resolution lof the tPlanning vCommission gofn Resolution ereby WedCounty, Colorado, adopted on January 20, 1987, and recorded in Book No. XI of the proceedings of the said Planning Commission. Dated the 21st day of January, 1987. 61.. s- loo a% Bobbie Good Secretary 870180 ADDITIONAL COMMENTS USR-774:86:55 Erie Road Joint Venture A letter dated January 13, 1987, from Mr. and Mrs. George Ruff was received on January 15, 1987. This letter is in opposition to this request. 870180 • INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number (Ace 177 • 8ll S� Submitted or Prepared Prior • /Urfa to Hearing At Hearing 0006 1. Application ?2 Pages 2, / Application plat(s) / page(s) v ' 3. DPS Referral .Summary Sheet 4. DPS Recommendation v • S. ' DPS Surrounding Propery Owner Mailing List P// • 6. DPS Mineral Owners Mailing List //, 7. 3 DPS Maps Prepared by Planning Technician !// 8. DPS Notice of Hearing 9. DPS Case Summary Sheet 10. DPS Field Check 11. 11117. TER R 0,91_1' JANa w/6 Ns? /tom thee 1/ STAIF //%G/140A/ D1Pr sroaoo BY7c>y,/AC C4%5' 12. i Leer t*TFD TAWNY go A's 7 Ibp7 17/9 Yoe ,41* Affr sotto or reustoes teie tchaoo ✓do(F soith . 13' eNe l.Q 0q1 F_D mNVA-AV z0,19$7 nom THE flliE ROWING 4N0 zow/NG Co02flAsiew S.*NCO ay O44/MOO 14. R fr p suflmi lso8Y n" ' NF_F1 5/&';Ns 15. M'H ORgSsugg 114$ h/NF_ [ii,ViI /D u D/3� 41/04Slerl/ 6/ s Ad1FCR O41GD JWNIA fy 15;/9s'7 rhea' Olr tins l/ 16. *Stint Mans 1+17 R Ao#nt vfl;D:dAe1 (Y low from to il/Ma o/A,ww/.vim 17. 3;4410D BY 1P4'Bu&4 IT, IZWA'/Yfe ,Seel(%tm A leHer tickled Jankaru I.4, /987 -P'rcen +ht u'lo.a�ic De r , c' aural Re-souvrrs- .• red -lay L..R. w•3, . 18. /da s AelO0-immr BF cA/ /jlleee //4,//y{,E d� thief, rn;ArvadFuris Scctien 19. �/�' Qp, d TON/'.i fleN, c 4 41/✓ /r/ro/,u90 9n/ 20. /S I hereby certify that the items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on J`,//24Kr a '3 19 g-2 . • . ren Planner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS 23 DAY OF Q)0. , Vs) . \ 19 71 SEAL \\ \\ (Thr NO RY PUBLIC 070180 - - • Commission Expires Feb. 13, 1989 7.151- EXHIBIT INVENTORY CONTROL SHEET Case W G "i Exhibit Submitted By Exhibit Description a?�o B ; - - o1a�.rryi�YXL/J.�OL.,rf,(�co� C. TOa/i nct (.077L71?/vaWrc -67,2,492gy imtetieve �� D. (i/O/I f1 hd ��JG � e y 7/yF. See9 ,11 111-C‘/°/ S2?-411 Art21 (4—zU Ct/1-UU7 H. ! 9e I. J. R. L. M. N. 0. 87 '_11.9.,0 Date: January 20, 1987 CASE NUMBER: USR-774:86:55 NAME: Erie Road Joint Venture ADDRESS: 3701 South Broadway, Englewood, CO 80110 REQUEST: Use by Special Review permit for auto salvage and outside storage LEGAL DESCRIPTION: Part of Section 15, T1N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles east of Erie; north of Weld County Road 8, south of Weld County Road 10 and west of I-25 THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE DENIED FOR THE FOLLOWING REASONS: 1. The submitted •materials are not in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services staff that the applicant has not shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: The applicant has not shown that this proposal is consistent with the Weld County Comprehensive Plan Urban Growth Goals and policies. This proposal is not adjacent to an existing municipality and does not conform to the desires of the Towns of Erie and Dacono land-use decision making bodies. Neither Erie nor Dacono have agreed to provide services for this proposal at this time; - The applicant has not demonstrated how this proposal is consistent with the Agricultural zone district in which it would be located; - The applicant has not demonstrated how this proposal will be compatible with the existing and future surrounding land-uses. This proposal is located in the Towns of Erie and Dacono urban growth boundaries. The Town of Erie, in its letter dated January 6, 1987, signed by Henry M. Epstein, Director of Community Development, recommends that this request be denied. Becky Marker, Secretary, Tri-area Planning Commission indicated in a phone conservation on January, 15, 1987, that the Tri-Area Planning Commission is recommending denial of this request; and USR-774:86:55 Erie Road Joint Venture Page 2 The applicant has not demonstrated that a diligent effort has been made to conserve productive agricultural land in the location of the propose use. The soils reports indicate that the majority of the soils located on the proposed site have a capability subclass designation of II e irrigated, and III c nonirrigated. This is prime agricultural land. This recommendation is based, in part, 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. 870180 ADDITIONAL COMMENTS USR-774:86:55 Erie Road Joint Venture A letter dated January 13, 1987, from Mr. and Mrs. George Ruff was received on January 15, 1987. This letter is in opposition to this request. 8701 80 JANUARY 13, 1987 'KEITH A. SCHUETT DEPARTMENT OF PLANNING 915 10TH AVENUE GREELY, CoLORADO 80631 SIR: IN REPLY TO A LETTER FROM THE DEPARTMENT OF PLANNING CONCERNING CASE NUMBER USR-744:86:55 4 WE WOULD LIKE TO MAKE OUR FEELINGS KNOWN TO YOU AND THE WELD COUNTY LOMMISSIONERS. WE WOULD LIKE TO HAVE IT KNOWN AND PLACED INTO THE RECORD AT THE PUBLIC HEARING THAT WE ARE COMPLETELY OPPOSED TO THIS USE OF THE PARCEL OF LAND IN QUESTION, AND WE DO REQUEST TO SPEAK ON THIS ISSUE AT THE HEARING ON JANUARY 20TH AT 1:30 P.M. WE HAVE RECEIVED A LETTER FROM ERIE ROAD JOINT VENTURE STATING THEIR INTENDED USE, ANOTHER JUNK YARD ALONG INTERSTATE 25 IS ALMOST IMPOSSIBLE TO IMAGINE. THEIR STATEMENT THAT THIS USE WOULD NOT BE VISIBLE FROM 1-25 AND THE ADJOINING PROPERTY OWNERS IS COMPLETELY FALSE. THERE IS NO WAY TO SCREEN THIS POTENTIAL EYESORE FROM THE PUBLIC.THE E USE WOULDTBEF WELD COUNTY DISREGARDED IFOTHISP AS MUCH BUSINESS ISND AS PERMITTED. ALLNOFAGRICULTURAL THE PROPERTY OWNERS ON THE WEST SIDE OF THIS PARCEL OF LAND HAVE UTILIZED THEIR PROPERTIES FOR AGRICULTURE TO THE BEST OF THEIR ABILITIES, AND THIS PARCEL OF LAND IN QUESTION IS BEING USED FOR THAT PURPOSE NOW. THE OUTDOOR STORAGE-SALVAGE BUSINESS AND THE IRON RECLAMATION BUSINESS ON THE CORNER OF 1-25 AND WELD COUNTY ROAD 8 CURRENTLY CREATE A LARGE AMOUNT OF UNPLEASANT SMOKE THAT HANGS IN THE AIR AND LOUD, BANGING NOISES DAY AND NIGHT. WE ARE TOTALLY AGAINST ANOTHER NOISE AND SMOKE POLUTION BUSINESS BEING ESTABLISHED. THE FARM OWNERS AROUND THIS PROPOSED OUTDOOR STORAGE YARD HAVE SPENT A GREAT DEAL OF TIME, EFFORT AND MONEY TO ESTABLISH AND MAINTAIN VERY NICE, ATTRACTIVE, CLEAN PROPERTIES. WE TRULY DO NOT DESERVE ANOTHER OUTDOOR DUMP IMPOSED ON US, MAKING OUR LIFESTYLE MORE UNPLEASANT AND FURTHER REDUCING OUR PROPERTY VALUES. SINCERELY, i F \kj M . AND MRS. GEORGE RUFF 3888 WELD CO. RD. 7 CC: ERIE ROAD JOINT VENTURE ERIE, GQLQ. 80516 nECE JAN 171987 Cu...!9 413MIUk'?C �,�8�'� Weld. =.>_._� Independent Member Broker MARX REAL ESTATE CORP. 3701 South Broadway ' s Englewood,Colorado 80110 INi3 Office 303/761-4004 ,,,,,,o, A COMPLETE REAL ESTATE SERVICE January 15, 1987 Keith A. Schuett Department of Planning 915 10th Avenue Greeley, CO 80631 Re: USR 744:86:55 Dear Mr. Schuett: Out land in Section 15 is undermined, is a geologic hazard and not best suited to building homes, warehouses or other buildings. Elevation varies from SW at 5200 feet to NE at 5070 feet and SE at 5100 feet. Elevation alone makes 1st phase invisible from the west. Railroad grade makes 1st phase invisible from the east and north. Two similar uses exist (Columbine Iron and Metals & David Joseph Co. ) and make 1st phase invisible from the south, which is Erie Road. Objectors refer to junk yards, but not to salvage, modification, reconditioning or storage. Junk is waste and waste material must go into a sanitary land fill because it is not useful . Junk is the stuff in your garage. My garage stuff is useful . We are applying for the expansion of small businesses. Small businesses encourage employment. Employment means a higher, more concentrated use of marginal land. What goes on in small , attached business incubator warehouses is also unsightly, but would be welcomed. We propose to cater to more bulky users without walls and roofs screening them from public view. We do expect to visually screen the entire property' with the planning help of the Longmont Office of the Soil Conservation Service and the Colorado Department of Highways Roadside Beautification Division. The aspect of small businesses phased into a 200 acre parcel is probably acceptable but they can' t pay for inside under roof space. Boat and/or recreational vehicle storage may be acceptable screening along 1-25 according to the January 7th, 1987 letter from John K. Crier, District Planning Environmental Manager. If a business such as small household appliance salvage and repair was introduced some tced three miles from Erie and four miles from Dacona, and expected, to provide jobs, increase tax base, fit Weld County' s comprehensive plan for commerce along 1-25 interchanges and provide an overall useful endeavor which would not pollute the atmosphere & the water, these objections would not exist. If these items (appliances) happen to be large like autos, trucks, combines, recreational vehicles, machinery and mobile homes they become junk yards. Some operations cannot econom- ically fit indoors; they must be outdoors -- out of sight, out of mind. n ^ net, Independent Nom_ner WOW! MARX REAL ESTATE CORP. r Bm 3701 South Broadway Englewood,Colorado 8011003 Office 303/761-4004 p,AArpp A COMPLETE REAL ESTATE SERVICE The entire reason for the hearing and this application is to discuss and set out the visual screening requirements which may not have been sufficient in the eyes of some objectors. In the case of David Joseph Co. and Columbine Metals, the objection is how they look from the Erie Road. Our application proposes 10 acre minimum parcels for lease. If a lessee quits or vacates and abandons anything, it then becomes junk. That is not paying rent. In that case we will get rid of it. That scenario is far different than an owner who becomes lackadasical about a non-operative vehicle and just lets it set out to rust away and become unsightly. With two similar operations adjoining us and a railroad bisecting us, this is an industrial use that is an asset -- not a liability -- to Weld County and those around it. Salvage, storage and reconditioning are absolutely necessary. The area needs business and employment. The problem is that neighbors don' t want to see it. I would ask the Planning Commission to recommend our Use by Special Review Permit, subject to screening that is reasonably acceptable to the objectors. Sincerely, ERI ROAD JOINT VENTURE t,41/4,,,(161- obert P. Marx Managing Venturer RPM/slh JAN 161987 87C1.80 Weld co. Planning Cammistrea of Ellie ''* TOWN OF ERIE 645 HOLBROOK P.O.BOX 100 ERIE,COLORADO 80516 • 429.3085 • 449.3085 r � • IO 74 January 20 , 1987 Weld County Commissioners 915 - 10th Street Greeley, CO 80631 SUBJECT: Case No. U.3R-774 : 86 : 55 - Erie Road Joint Venture, Storage and Salvage Operation Proposal Derr Commissioners : While we were unable to hold a meeting on January 15, 1987 , to review this case, due to poor weather, we contacted the membership of the Commission for their position on the suggested use. It was the opinion of the Planning and Zoning Commission to recommend to Weld County that this use requested along I-25 be denied. It is in conflict with the long--range planning and economic development objectives of the Town of Erie, the existing land uses in that area and offensive to residents along Weld County Road 7 . The intent and goal of the Weld County Comprehensive Plan is being violated by serious consideration of this objectionable activity near 1-25 and in an agricultural area of the County . We are beginning our Comprehensive Plan Study in February with funding from both the Board of Trustees and the private sector. We are evaluating future opportunities for growth in about a 45-square mile area within three counties . We have strong interest in going east from our present Town limits to 1 -25 . Where this salvage operation is proposed , would greatly inhibit more viable residential and commercial activity near the interchange and possibly curtail less offensive industrial activities from locating near the interchange . When Isabelle Road is extended -near the Town of Erie, it will link U. S. 287 with 1- 25 via Isabelle Road and Weld County Road 8 , increasing traffic and development opportunities along its entire route as well as provide a major roadway linkage in this area for those wishing to get to and from I-25 to Boulder County and the Town of Erie . 870180 POLICE DEPT. METRO 449-3156 LOCAL 828-3200 P O.BOX 510 FIRE DEPT. 828-3152 Weld County Commissioners Case No. USR-774 : 86: 55 Page 2 A salvage operation on 214 acres which would be visible from this roadway and 1-25 will in our opinion discourage the opportunities for compatible land uses in this part of the County. The proposal reviewed offered no viable screening from any direction. It should not be presumed that the development activity at Highway. 119 and I --25 will be the only activity center worthy of the attention by the County. From 120th Avenuo in Adams County, north to State Highway 7 , activity along 1-25 is already regionally approved and recognized to be very intense (Regional. Growth and Development Plan - Denver Regional Council of Governments) . From State Highway 7 north to the Erie exit on 1-25 is a considerable amount of land with reasonable access to 1-25, the Denver metropolitan area, the proposed E-470/W-470 intersection, and northern Colorado. The area is already within the Left Hand Water District and within one mile of the Erie Sanitation District Service Area boundary. As noted in the Weld County Comprehensive Plan, "an urbanization pattern that is created without knowledge of future surrounding land uses is likely to lack some essential ingredients of long-term desirability. " The physical development pattern now along I-25 in Weld County south of the Erie exit is clustered industrial uses, salvage and storage operations, a feed lot operation, some residences, and a large amount of active agricultural uses. We do not wish to see an expansion of the offensive and less beneficial elements of growth along this corridor. No where on 1-25 in the Denver, Arapahoe, -Adams, or Douglas County portions of the interstate do we see a proliferation or allowance for salvage and storage activities. We would not like to see Weld County become the safe refuge for this activity visible to all who travel to and through the County on 1-25. We want worthwhile economic growth to come to this area of the County . Salvage operations, away from the main arterials and interstate, properly screened and managed, can be accommodated in the overall plan for the region--but not where the applicant is suggesting the use be located. Your- I-25 M.U.D. and Activity Center Goals clearly state the same objective we have--see that new junk yards, salvage yards , and uses with open storage be encouraged to locate in areas where they can be visibly screened; in short, be compatible with adjacent land uses and not be unattractive or create adverse land use impacts. "High qualit sed locateyalonglI-25nnearstheu pErie�aexitit, if this,cannot proposedwill not use 87U180 Weld County Commissioners Case No. USR-774 : 8E : 55 Page 3 is approved. The value of agricultural activities and residential development will be impacted as well by the proposed salvage and storage activity. Industrial development, according to your plan, is to be accommodated in accordance with the urban growth boundary and I-25 mixed use development and activity center goals and policies. You state you want to create a viable economic base "appropriately located in relation to surrounding land uses" which is a very important goal . These element policies cannot be reasonably achieved if proposed industrial uses are contrary to local objectives and current land uses. All traffic to/from the proposed salvage operation, if not contained on the Weld County Road #8 entrance, would travel Weld County Road 7 to a portion of Weld County Road 10 (unimproved) , creating considerable dust, visual and noise pollution for the residents of that area. One of the policies of the industrial elements is "visual and/or sound barrier landscaping shall be required to screen open storage areas from residential uses or public roads . " The proposal offers no such remedial action. A chain link fence near I-25 and an unqualified "landscape buffer" on the east are not adequate by any measure. For a " landscape buffer" to be effective, the planting materials used to .be mature at the time of installation or sufficient berming and a perimeter solid fence or wall placed with adequate landscaping. No plans were submitted and no narrative provided on the content of the buffer or a maintenance agreement suggested. No buffering on the ..s.outh was required of the Columbine operation. We are concerned the same result will occur on this proposal unless the Commissioners heed their own policies. As we progress on our Comprehensive Plan effort, we will be encouraging the active participation of residents and property owners in Weld County, not just the various agencies and commissions. A great -deal of thought has to be given to the transition of uses, compatibility, infrastructure, water needs , etc. As noted in your section of the Weld County Comprehensive Plan, the goals and policies for the area you recognize as the Town of Eries' s growth boundary , should be mutually beneficial -- not dune to the contrary . The direction of one growth boundary policy should be seriously weighed, "land use proposals within an urban growth boundary shall be encouraged so long as they conform 8701.81 Weld County Commissioners Case No. USR-7'74 : 86: 55 Page 4 to the desires of the municipality. . .by its land use decision-making body. . . " Both the Board of Trustees and the Planning and Zoning Commission are officially opposed to the proposed salvage and storage operations due to its serious conflicts with the stated goals and policies of the Weld County Comprehensive Plan, 'the desires of the Town of Erie, and existing uses in that area. Thank you for your time and consideration of our position. We hope you will reflect on the seriousness of the proposal before you and its impact on our community and county. Sincerely, Don rand, Vice Cha Town of Erie Planning and Zoning Commission 8'70180 -^11iy oe cot° "APO e5' -SRPTo WE-87-0013 , { Q o ♦ JOHN W. HOLD RICHARD D. LAMM * * DIRECTOR GOVERNOR x 1876 s COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING-1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE(303)866-2611 January 14, 1987 Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Dear Planners: RE: ERIE ROAD JOINT VENTURE, CASE NO. USR-774:86:55 This site is compatible to the proposed use of auto salvage and outside storage. No permanent structures should be placed on any portion of this site. If permanent structures are proposed, a site-specific, geotechnical subsidence investigation should be required and this may, or may not indicate that the site is suitable. If you have any questions, please call . Sincerely, G> , L. R. Ladwig, Chief Minerals Fuels Section bcr:LRL-87-115 3334/12 JAN 2 01987 GEOLOGY STORY OF THE PAST. ..KEY TO THE FUTURE Weld to. Planning CnmmI IQn 1917(11 fgn AGREEMENT THIS AGREEMENT is made this &6-day of January, 1987 , by and among AMOCO PRODUCTION COMPANY ( "Amoco" ) , CHAMPLIN PETROLEUM COMPANY ( "Champlin" ) and ERIE ROAD JOINT VENTURE ( "Erie" ) , and is based on the following premises: WHEREAS Erie owns the surface rights to certain property located in Weld County, Colorado, which is described more specifi- cally as a part of Section 15, Township 1 North, Range 68 West ( "Property" ) ; and WHEREAS, Erie intends to develop the Property for auto salvage and outside storage and, in furtherance of such intention, has applied to the Weld County Board of County Commissioners for a use by Special Review Permit; and WHEREAS, Champlin owns the oil and gas which underlies the Property; and WHEREAS, Champlin has leased the rights to explore for and produce oil and gas for a portion of the Property to Amoco; and WHEREAS, the parties desire to protect the rights of Champlin and Amoco to develop the oil and gas underlying the Property consistent with Erie' 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 Drill Sites: Amoco or Champlin, as applicable, shall have the right to enter upon the Property for the purpose of drilling one well on each drill site location as follows: Amoco' s Leased Lands Drill Site #1 Center of SE/4 Drill Site #2 NW/4SE/4 Champlin' s Unleased Lands Drill Site #3 NE/4NE/4 Drill Site #4 SW/4NE/4 67C1 30 I Amoco or Champlin, as applicable, shall have the right to conduct its activities on an area 250 feet by 250 feet in the center of each Drill Site Location commencing at the beginning of the drilling operations and continuing for a period of thirty ( 30) days thereafter . In the event that a well is drilled as a well capable of production in paying quantities, as determined by the Operator of the well, the particular Drill Site Location upon which the well is drilled shall be reduced to a site which is 100 feet by 100 feet and such location shall continue for so long as the well is operated as a well capable of producing in paying quantities or reworking operations are being conducted. 2 . Access: For each Drill Site Location, Amoco or Champlin, as applicable, shall have full ingress and egress to said location at any time and for any purpose it desires related to oil and gas operations on such wells, commencing with the preparation for the drilling of the well and continuing until the well is plugged and abandoned. 3 . Term: This Agreement shall be effective on the date of this Agreement and shall continue until and for so long as Amoco or Champlin conducts operations on the Property. 4. Activities on Property: Amoco and Champlin have the right, but not the obligation, to drill the wells at the Drill Site Locations specified herein; however , neither is obligated to commence any activity on the Property within any specified period of time. 5 . Cooperation: Erie shall , without expense to Erie, cooperate with Amoco and Champlin throughout their operations on the Proper- ty. Erie shall not construct any facilities on the Drill Site Locations or take any action that would interfere with or diminish Amoco' s or Champlin' s interests in the Drill Site Locations and access roads, without prior written approval from Champlin and/or Amoco, as applicable. Erie hereby waives any objections to future operations related to drilling and production activities on the Drill Site Locations and access roads. Erie further waives any claim for damages resulting from the activities of Champlin or Amoco at the Drill Site Locations, except for any claim for negli- gence or for crop damages from drilling or production activities on the part of either Champlin or Amoco. 6 . Application: Erie shall provide Weld County with a copy of this Agreement as part of its application. Subject to Erie' s compliance with this Agreement, Amoco and Champlin have no objec- tion to Erie' s application for a use by Special Review Permit. - 2 - 8701 80 F. ell 7 . Successors: This Agreement shall be binding upon, and shall inure to the benefit of the parties ' successors, assigns, agents and representatives, including, but not limited to, any operator or assignee that succeeds to the rights and obligations of Amoco or of Champlin. 8. Final Agreement; Amendment: This Agreement represents the entire agreement between the parties and shall not be amended, except in writing signed by all parties. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. AMOCO PRODU TION MPANY By: Gc - Q9 Its: Attorney-in-Fact CHAMPL P OL M COMPANY By: Its: Attorney-in-Fact ERIE ROAD/ JOINT; 0N�`E By: ‘17( Its: (Attorney-in-Fact STATE OF COLORADO ) ss. COUNTY OF citiv1/4/v.p.A, ) The foregoing instrument was acknowl ged before me this act-IL day of , 1987 , by t). Cm. of AMOCO IOsCOMPANY PRODUCT 4s„ corporation, on behalf of said corporation. Notary Pub1i My Commission Expires: - 3 - 870190 ( STATE OF COLORADO ) ss. COUNTY OF ARAPAHOE ) Th foregoing instrument was a ngwle ed before me -this o?a l day of 1987 , by � ( ," of CHAMPLIN PETRO M COMPAN a ktio.�tl4A-tom Corpor ion, on behalf of said corporation. A.Ceiti.a a.4C-La-ken-1 tary Public Commission Expires: A a7 /987 STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1987 , by of ERIE ROAD JOINT VENTURE, a corporation, on behalf of said corporation. Notary Public My Commission Expires: - 4 - 0, unit c.4 TOWN OF ERIE • 845 HOLBROOK P.O.BOX 100 ERIE.COLORADO 80518 * 448-3085 449.3085 • r n74 January 20 , 1987 Weld County Commissioners 915 - 10th Street Greeley, CO 80631 SUBJECT: Case No. USR-774 : 86 : 55 - Erie Road Joint Venture, Storage and Salvage Operation Proposal Dear Commissioners : The referenced case was brought to our attention at our regular meeting of January 8 , 1987 , by our staff . After reviewing the information provided by the applicant and talking out the potential impacts on our community and its long-range plans, we came to a unanimous decision. The Board of Trustees of the Town of Erie, Colorado, are strongly opposed to the proposed salvage and storage oper- ation on the 214 acres near I- 25 and Weld County Road 8 . We believe the intended uses are contradictory to the goals of the Weld County Comprehensive Plan and desires of the Town of Erie. We are unable to see the rationale for obnoxious and vis- ually offensive industrial uses near I-25 being allowed as they do not enhance any opportunity to create a positive economic development program for more viable uses near interchanges and the Interstate. Weld County Road 8 is our front door and a future corridor of development and possible annexations. It also adversely affects the residential and agricultural character of existing development or family operations along Weld County Road 7 . As stated in your future land use section of the Compre- hensive Plan, "The manner in which development occurs along I-25 and within areas recently annexed by municipalities are probably the most significant factors concerning the future pattern of urbanization in the County. " The proposed offensive use would be visible from 1-25 , Weld County Roads 7 , 10 , and 8 . No effective immediate screening is proposed nor is a time frame placed on the termination of the activ- ity once started. t3701 80 POLICE DEPT. METRO 449-3156 LOCAL 828-3200 P.O.BOX 510 FIRE DEPT. 828-3152 • Weld County Commissioners Case No. USR-774 : 8£ : 55 Page 2 If you support your Comprehensive Plan objectives and are truly concerned about the quality of life and aesthetics of development along I -25 and want to respect the relationship between long-term economic development of the County and the concerns of all people affected by new activities, you will deny the request for this salvage and storage operation. Thank you. Sincerely, Victor F. Smith, Mayor for the Board of Trustees, Erie, Colorado dm cc : Keith A. Schuett Weld County Planning Services 870180 STATE OF COLORADO DIVISION OF HIGHWAYS Ed. of o= `,\ P.O. Box 850 / - , Greeley, Colorado 80632-0850 1•�; (3031353-1232 January 16, 1987 Weld Co. , 1-25 Erie Rd. Joint Venture W. Side of I-25 N. of Erie Interchange Mr. Keith Schuett DOH File x+5100 Department of Planning Services Weld County 915 10th Street Greeley, CO 80631 Dear Mr. Schuett: In our January 7, 1987, letter to you regarding the Erie Road Joint Venture Special Review application we indicated that trees and/or buffering by stored vehicles or boats may be acceptable means of junkyard screening. We would like to clarify that statement with the following. It was not our intent in the previous letter to indicate what method of screening may be acceptable to the State Highway Department or Weld County. This determination can only be made after a plan has been reviewed and approved by both of these governmental bodies. Since visual screening of any junkyard is very site specific, it is not possible at this time to indicate what means of screening may be acceptable. The applicant is responsible for providing an effective plan. Please let us know if we can provide any further information or clarification. Very truly yours, ALBERT CHOTVACS DISTRICT ENGZ E ;R T /a �. J K. Crier gi,etrict Planning/Environmental Manager JKC:mbc(WJ) cc: D. Norfleet File: Crier-Jacobson via Chotvacs JAN ° 0 1987 l; Weld C . Plana GIIWBIIrIbi 87C1 PO CD o _ o o O I. IC x— av ;r O • I - It or p a t , O D p 00-• a e c Px r+ O to m N 0 , m o #t0O—,l ^'- — EtnO, r , �A —x—x N VIN , 01 W a Q CO N C i N 0 �� —yt If— _ ,S Z— -- Dx i 0 z— CD Vi rt. • 03 0o J C II GO ID ..4i_. tt_� - C 'OON I N - j O Io , I. V 13 • • N • b I o° t st .. - o. S g • •Op ••.I a y W O O I • . t �' o o ( a I• acn m a 0/ _ 2fl2?4!73Em4 ' \ A s Pon IDtc i +/ ot t f I -. U / as. �/- i OCnOA • a Oi .1 •Ca -.4`at _ - 0a �+ / p r I` • tat �._ . - . , I a CO CO=I .v I I .2 r- . my p . Yy .: '+ �w ` I a NA 1 cY — • W a; - V' — — b e /y to fp — — 1 — X �4 . . � �: .., _ 5/53?•. 16-10-0 -354-8 _. vvva >i �1 wmwr a tJ1WN0 - 7.1 to b O as <} (... U- 1 t .. / y A y 304 _ i + W _-I...- ..C mmm�� O t' oC _ F=IC \UI O - t U Aft.,, .W Z O'Ui Ca X N VT �. �_ \ 1I 41 w TAN . 0 • .A Sa • t W at. 7 K lyp �T, / -it! t to v ,:.A.. ..--. J' - ' r." -`s r A - . 1 ._ - ' i i • Tri-Area Planning Commission P. O. Box 363 Frederick, CO 80530 January 16 , 1987 Mr. Keith Schuett Department of Planning Services 915 10th Street Greeley, CO 80631 Dear Mr. Schuett: On January 6 , 1987 , the Tri-Area Planning Commission (TAPC) held their regular meeting. Application from Erie Road Joint Venture for a Use by Special Review Permit for a auto salvage and outside storage was on the agenda. The parcel of land is approximately 3 miles east of Erie, north of Weld County Road 8, west of I-25 and south of Weld County Road JO. Mr. Robert Marx representing the Erie Road Joint Venture was present. Due to lack of a quorum a special meeting was called on January 14 , 1987 , at 7 :30 p.m. at the Frederick Town Hall to discuss application. On January 14 , 1987 the TAPC held their special meeting. Erie Road Joint Venture was on the agenda and Mr. Marx was present to answer questions . Mr. Marx gave his presentation and after great discussion and comments of disapproval from the audience the TAPC voted to deny application for the following reason: As stated by Iva Renner Council Member, from the City of Dacono this venture is within 3 miles of the City of Dacono and this type of venture in not within the Dacono Comprehensive Plan. We cannot afford to have another junk yard in our area with new development coming into our community. Mr. Schuett should you have any questions , please don' t hesitate to call . Sincerely, Re ecca E. Marker Secretary Tri-Area Planning Commission rm 8701 `30 • Schuett :•,s. t . Lolorado B0671 • yra rY... ."}-3' . ......_.. ... ereceiving '�.he i r,: y:...ui ..t......... regarding i_:- C'. .... ... F: Road t.':.�:.... Venture --- Case N,. r_?•.. " }__ .' - r .3&•.. 55. •..y;r• i'•-': r opposed - intenCed use • f 9s r 9 C 7�.Y r•t r•t r• f, for and d c:. spent -� •y _.. ,.., •-.Ctie.f t ,.. most �'. 3. ,�if and�. applying}�.i. , "'r•`" { • {_I _. ':} the . t. - a" l:.�••�. .}...� _ '{ .Use Permit ;":--, r•� � � f�',.:`c r•:s ill":; ._. .. _...:.....�fl_: ,e had ;..T sed During. .t h time ._ to .h _ .:.... _ _. th.._ .:Li.3 �.J w:I'v..l.C.':...� • this}_ ._ ..I l_ 't=��S-f this =}".. we had impressed upon _tr_= r. the E . : r:.)urlty Planning • Department that this T was o remain dedicated to tz! Ri. .._...ii._ . :.-Ai._ USE. We have complied with this intention .: T.;e .:r i r i't anti i the t i`.._. _ .. ._._:t... o.f the law. • I. .. .. ,.. recentlyaddedtf:C_t . _a?T..�_ ._C:• our property • . ...: ... r._' l.%:'-•t.' of our .!F!! r'' in :Y)e:l'�.. ..,1.fSlr.r_} our hors_. ..,,..,r^!r. ?.''... .�'�'. ..r. -r the area AGRICULTURAL. ▪ I5 = L.:.'_ ..._.. Are being surrounded by junk yards? .. -"C_'' :.i c':t't:,.n1 r i with . ...... wo wore told Eadie . ._.nt_ __... .... '-- ;: r., :s..,.. �..::.r•,ca r-i Lq. _,r,.r,«. '_'i.n ... . .....d ':..._ Agricultural ........ . e were never informed when the salvage yard was being '`r•.p!-DV'=-c County. The operation runs all night and when the weatre Lav_ ',_:`1 windows open , we are.._ ....;. rot. ;not. the right with the Mc:_rt.e. It sounuE like a train 0tt• = in i :and s mostunpleasant. When we were building a 4'T ✓ r -ac E' :,} `tou=(= we I'?at to get the signatures :w. ell the rYeigi1brors in the area. Why was the neighborhood not informed when the Union Pacific applied for permission to r- Metals -- salvage a yard? operate Columbine.{.t.:7T1 Lr:l ri`,_y lr� 'r�� a �e,� .i�E.' (junk) • South of the Erie E!;•:it of i•--2 on the West side is :. ;._... eiesore o'r a junkyard for car_ , tru:l•: , houses, etc. 1..;i i r' and a r ''.1.- miles North of the Erie exit of 1-25.'..5 on _ :e East Fide are two junk yard with cars, trucks, etc. (at oc....st this iz fenced) . t37Ui • There ar ..H._J ,.,.'.7':.: ': 1. .:. 1 .:. on 1 Rods .., z.:.n d _.. N h i _... we i•,f,r!:..J-.. ......_ .. ............ .• ... H. e !: '?: other _ and a Jun i a d :k1 . t: nu fa ter!;.. ...er V:I l",cy.t.. ?...:a u:_ y.^±t_.. give it Selvage yard, 3 .. ?...i d :i. ... ,J or `I':: .11...,. .... ,'t:,r-. . We i i a".. '�.' ._ V :n t. 1 . - J.. L �_ r '.i::ter• c..:, •�i .� ^:a J . e nearing on TuesCa t.{._..-!?_l•�r)r -t , i . _'.is - . :.I P. M. to Y_1 re tour protest to W_'r. .. ."._=un._'y i;.eic4!?`:.:1riC! it ' intention i1' eping this an 1_::?;_ i _... :f-IL_ ara. 1 , for _:J?1:•_: ,-ea son beyond our control , we ,: re l.l..:::tt'•.,. ._. .__. ::.. .. ..:t':{.: , . .... 3`"=..-, t'C_ ..'f u11y request..__..'t '�:.s.::tt. aµ:._ ... 1 �` :.�?C.ter be 'i ':••a•:.. _rl•i:':: the t r_'r_,ord of the proceedings i:J4 that . mF:.?Etinc. Cf- a:40.„4:--- :- .,,,;4 .4.,— cr:iTii--d7)/)1- W),e_eidie...-- • . r'r.. and Mrs. Robert M. l''iE`CJC?. :_s •7. 0 Weld County Road 7 Erie, LoAorado aon16 • • • , ., JAN 20 1987 • 87O8O Weld Co. Ramiro Corm iscimt LAND-USE APPLICATION SUMMARY SHEET Date: January 13, 1987 CASE NUMBER: USR-774:86:55 NAME: Erie Road Joint Venture ADDRESS: 3701 South Broadway, Englewood, CO 80110 REQUEST: Use by Special Review permit for auto salvage and outside storage. LEGAL DESCRIPTION: Part of Section 15, TIN, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles east of Erie, north of Weld County Road 8, south of Weld County Road 10, and west of I-25. SIZE OF PARCEL: 214 Acres ml 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 recommendation from the following: - Weld County Engineering - Boulder Valley Soil Conservation District - Dacono Area Fire Protection District - Weld County Health Department - Town of Erie - State Highway Department Copies of these responses are included in this summary packet. Referral responses have not been received from: - Colorado Department of Health - State Engineer, Division of Water Resources - Tri Area Planning Commission - Union Pacific Railroad - Colorado Geological Survey 673180 DEPAF ENT OF PLANNING SERVICES + 1 yr 1,11/4 N PHONE(303)356-4000 EXT. 4400 lb i 915 10th STREET (lb GREELEY,COLORADO 80631 ‘,.7"4,* - ?TA" 141.4" r.,. ....,...,3„ , „ .., : _,...., .......i.,, ,....... ", " ,.., .,,,, COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on January 20, 1987, at 1:30 p.m. to review a request for approval of a Use by Special Review permit for auto and equipment salvage and outside storage from Erie Road Joint Venture the parcel of land is described as part of Section 15, T1N, R68W of the 6th P.M. , Weld County, Colorado, containing 214 acres, more or less. The property is located approximately 3 miles east of Erie, north of Weld County Road 8, west of I-25, and south of Weld County Road 10. The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on January 20, 1987. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center,. 915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400. Jack Holman, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by January 8, 1987 Received by: 44"J/L i�/.�/. 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" �t l _ . , t ■• FIELD CHECK FILING NUMBER: USR-774:86:55 DATE OF INSPECTION: January 9, 1987 NAME: Erie Road Joint Venture REQUEST: Use by Special Review permit for an auto salvage and outside storage. LEGAL DESCRIPTION: Part of Section 15, T1N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles east of Erie, north of Weld County Road 8, south of Weld County Road 10, and west of I-25. LAND USE: N Wheatfield - pasture - High Tention power lines E I-25 - wheatfield S USR-700 - USR-691 salvage - Weld County Road 8 - farmfield W 7 residences - dairy - Weld County Road 7 ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Located on the property is an active RR line, tank battery, heater treater, well, high tention power line, and productive farm ground. The area is drained by a drainage ditch that runs through the property. Accesses is shown on the plat .map onto Weld County Road 8. It does not appear that this access is available at that location. By: fi,d . c7- P eith A. Schuett Current Planner o�'7..yrn r, C* . `w Wt�r <. REFERRAL LIST APPLICANT: Erie Road Joint Venture CASE NUMBER: USR-774:86:55 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: January 5, 1987 NO SR NR NO SR NR V X ' County Attorney 1/ X , Dacono Fire Proteciton Dist. c/o Chief, S.W. Fuss V/ X 'Weld County Health Dept. P.O. Box 40 Dacono, CO 80514 X ' Engineering Department V X ',Longmont SCS County Extension Agent 9595 Nelson Road P.O. Box D X • Office of Emergency Mngmt Longmont, CO 80501 X 'State Engineer X .Union Pacific Railroad Division of Water Resources Real Estate Department 1313 Sherman St. , Room 818 1416 Dodge Street Denver, CO 80203 Room 306 Omaha, NE 68100 yL X =State Highway Department 1420 2nd Street X 'Colorado Geological Survey Greeley, CO 80631 13135 Herman Street Room 715 X • Colorado Department of Health Denver, CO 80203 c/o Dave Ackers Water Quality Control Division 4210 East 11th Avenue Denver, CO 80220 l VX ' Town of Erie c/o Roger Harding P.O. Box 100 Erie, CO 80516 X vTri Area Planning Commission P.O. Box 363 Frederick, CO 80530 V X .Louis Rademacher 13184 Weld County Road 13 Longmont, CO 80501 X 'Weld County Sheriff's Department Attention: Rick Dill NO=No Objection SR=Specific Recommendations NR=No Response 12 _ '3 STATE OF COLORADO DIVISION OF HIGHWAYS Ni OF M fS�Etai'*\t P.O. Box 850 . { Greeley, Colorado 80632-0850 --��,./S (303)353-1232 January 7, 1987 Weld Co. , I-25 Erie Rd. Joint Venture S.R. W. Side I-25 N. of Erie Interchange Mr. Keith Schuett DOH File 45100 Department of Planning Services Weld County 915 10th Street Greeley, CO 80631 Dear Mr. Schuett: We have reviewed the application from Erie Road Joint Venture for a Use by Special Review to allow an auto salvage and outside storage site. Since this site is adjacent to Interstate 25 and is currently zoned Agricultural, the State Statute and Colorado Department of Highways (CDH) regulations regarding "junkyards" apply. According to our regulations, this proposed salvage/storage operation would be required to obtain a permit through the CDH Right of Way office in Denver. A permit cannot be issued unless the junkyard aspect of this operation can be effectively screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the highway. The placement of trees similar to that which is planned along the west property line, and/or buffering by stored vehicles or boats, may be acceptable. Although the actual permit must be obtained from our Denver office, this District office has an inspector who can be of assistance. Please contact Mr. Dewey Norfleet if you or the applicant have any questions. Very truly yours, ALBERT CHOTVACS /Y/ rier ct Planning/Environmental Manager JKC:mbc(WJ) cc: D. Norfleet File: Crier-Jacobson via Chotvacs 870180 1rfCQ1V426 l - B -�-1 ta or ERIe Cp4p TOWN OF ERIE : Oe 645 HOLBROOK P.O.BOX 100 ERIE,COLORADO 80516 e CT° A 828-3843 '//// 449-3085 January 6 , 1987 Keith A. Schuett Department of Planning Services 915 10th Street Greeley, CO 80631 Re : Case No. 774 : 86 : 55 Dear Mr. Schuett : This letter is in response to my review of the proposed special use on more than 200 acres of ground near I-25 and Weld County Road #8 ( not #6 ) referenced above. As mentioned on the telephone 1-5-87 , I have strong objections to the extension of an already existing obnoxious use ( Columbine Metal Sorting and Outside Storage ) visible from I-25 and Weld County Road #8 . The Board of County Commissioners were asked to require effective screening of the other special uses such as Columbine , but neither landscaping of the perimeter or a solid fence were constructed . Weld County Road #8 is the main entrance to the Town of Erie and the area is within a proposed future planning area of the Town. Having more than 200 acres for auto salvage , and other salvage operations noted in Mr. Marx' s 12-11-86 letter to your office , would be offensive . It is the opinion of my office to recommend denial of the request now before you. It makes a very poor statement about the quality of development activity allowed by the County and discourages development of adjacent ground for more highway oriented commer- cial and industrial activities such as located at Del Camino or Highway 52 and I-25 . This matter is not just auto salvage as is done at Erie Auto Parts further north on I-25 . As noted in Mr . Marx' s letter , the user also envisions : salvage and storage activities for: trucks , recreation vehicles , boats , farm equipment , heavy construction equipment , oil and gas exploration and production equipment , concrete or metal construction items and mobile homes. This item will be on the agenda for the Board of Trustees and the Planning and Zoning Commission to react to before your scheduled meeting. Their responses will be provided to your office . Economic development is important to the Town and the County, but the proposed unrestricted land use activities noted would detract POLICE DEPT. METRO 449-3156 LOCAL 828-3200 P.O.BOX 510 FIRE DEPT. 828-3152 Schuett letter 1-6-87 Use by Special Review page 2 from our effort to bring about more reasonable land uses for the area. Thank you for having informed us of the anticipated request . Mr. Marx has contacted my office and has been invited to attend the Planning and Zoning Commission meeting of January 15 , 1987 . Sincerely,411111 ‘11".4"....s Henry M. Epstein , Director Community Development xc : Planning and Zoning Commission Board of Trustees -670. 8074 {L� A777 7/ cQ7 a,(ft k.c, c id A c 'And g e. Weld County Planning Date Jan *sr 5, 1987 ra - COLORADO From Health Protection Services Case Number: USR-774:86:55 Name: Erie Road Joint Venture Subject --- -'-- Health Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1 . A septic system is required, and it is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 2. Waste oil and other hydrocarbon wastes will be properly stored on site and recycled or deposited at an appropriate disposal site. No final disposal of waste material shall occur at this facility. By Direction of Ralph R. Wooley, M.D. ` off , rL `r� I !n;i C /987 Li 870 ' 80 Weld Co. Planning iawiimissing Cs � acono Araa - '??"7;:acncn 1 December 26, 1986 Mr. Keith Scheutt Department of Planning Services 915 10th Street Greeley, Colorado 80631 Re: Erie Road Joint Venture: Case #USR 774:86:55 Sir: The Dacono Area Fire Protection District, Fire Prevention Bureau, has reviewed the site plan submitted and has the follow- ing comments: 1 . Dacono Fire has no problem with the anticipated use of this property if the following requirements are met. 2. When Mr. Marx spoke with assistant chief R. Fuss, he indicated only an automobile salvage business on approximately 10 acres of this parcel. No other details were given. Asst. Chief R. Fuss indicated on site water storage would be a requirement, or other means for fire fighting water supply. However, now that the complete plan is in, the addition of a Recreational Vehicle Storage Lot, a Mobile Home storage lot, storage of Oil Field equipment (which could include empty diesel fuel frac tanks),and storage of farm and construction equipment, plus the auto and truck salvage lots, we have a much greater need of fire fighting water supply. With 20 seperate occupancies listed, and no plans for any structures or their sizes if included, we can only state that Water Supply must be in accordance with Article 10, Div. III, Uniform Fire Code, 1985 edition as adopted. This may require Multiple on site storage tanks of varied or large sizes, or more probably a Water Main and Hydrant system, or a combination of both. 3. Access Roads: a. Those indicated from WCR-10 and WCR-8 are acceptable, and in addition, Fire Department access Roads into each lot or occupancy must be developed in accordance with Article 10, Section 10: 207 Uniform Fire Code, 1985 Edition. 4. Addressing and identification of each property in accordance with Article 10, Section 10: 208 , Uniform Fire Code, 1985. 5. Plans for each occupancy must be submitted to the Fire Bureau for recommendation and approval, approval of water supply, entry roads, fire prevention systems, and construction req- uirements prior to any construction. All kpecifications and requirements will be as per Uniform Fire Code, 1985 Edition as adopted. DACONO, COLORADO 80514 gni el USR 774:86: 55 cont: 6. Due to size and number of occupancies in this developement, and proposed uses of the occupancies, all water flows and supplies for fire fighting will be based on the Insurance Services Office, "Guide for determination of Required Fire Flows" . 7 . All Water Supplies and All Access Roads to be installed as per timetables in Article 10, Section 10: 301 (d) (-e) , Uniform Fire Code, 1985 edition as adopted. 8 . As plans are furnished on each lot or occupancy, all require- ments of the 1985 Uniform Fire Code will apply. Finally, I do not dis-allow the on site storage of water in tanks or vessels for this project, BUT it may very well be that the number of tanks that will be needed, due to access ways, types and sizes of occupancies, may be more expensive and less desire- able than a water main and hydrant system. This will all be determined when plans of the occupancies are presented. Respectfu y J sepH W. Fuss istrict Fire Chief Dacono Area Fire Dist. Dacono, Colorado 80514 1/2 NOW Boulder Valley Soil Conservation District 9595 Nelson Road, Box D - Longmont, Colorado 80501 December 29, 1986 Mr. Keith A. Schuett Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Case Number USR-774:86:55 - Erie Road Joint Venture Dear Keith: The proposed auto salvage and outside storage yard would be located on soil that is considered to be prime agricultural land if irrigated. If any irrigation ditches or structures are located on this property, prior approval should be obtained for any work done around the irrigation system. A large drainage swale crosses through blocks one and two and any roads or lot development should address storm water management and/or flooding potential. Any roads or shallow excavations will be severely limited by the high shrink-swell potential of these soils. On-site septic systems will also have severe limitations due to the high shrink-swell potential. If any of the lots are developed with impervious surfaces, proper storm water detention should be required. Item M of the application requirements appears to not have been properly answered. It is recommended that a visual screen planting be done on all boundaries instead of just the west. Sincerely,tt/ p Baig,Barry L. Sinkey President BLS:rah is _ '.r_.:.3 CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT rinEignoRAnDUM WillieTo Weld County Planning Department Date December 286 COLORADO From Drew L. Schel ti nqa, County Engineer Subject: Erie Road Joint Venture - USR-774:86:55 I have reviewed the materials submitted and have the following comments : 1) The road numbers indicated on the USR drawing are incorrect. Road 6 should be indicated as Road 8 and Road 8 should be indicated as Road 10. 2) The internal roads should not be accepted for maintenance by Weld County. 3) Three accesses are shown on Road 10. One west of the Union Pacific Railroad track and two east of the track. It is not necessary to have the two accesses east of the track. If the road which is drawn on a diagonal tees off the north-south access and runs to a cul-de-sac it would require less road construction and serve the same area. 4) It is difficult to predict how much traffic the proposed use would generate. However, both roads , CR 7 and CR 10, are gravel roads and will not support heavy industrial traffic. According to the map supplied there are seven buildings along road 7. I anticipate a fugitive dust problem to be created if industrial development occurs . 5) The applicant indicates there will be approximately 30 employees. Therefore, I would anticipate the construction of buildings and the paving of parking and marshaling areas. If that is the case, there will be surface changes and changes in storm water run-off. A site plan approval prior to issuance of a building permit should be a requirement in the USR. DLS/bf ° ( : ii 1986 xc: Planning Referral File : Erie Road Joint Venture �1 geld Ca. i'!raa�� iaammSs!.uu. SURROUNDING PROPERTY OWNERS USR-774:86:55 Erie Road Joint Venture C.L. and Alois L. Elrod Michael J. and Nancy Coufal 3470 Weld County Road 7 Erie, CO 80516 LaVerne A. and Mary I. Mueller 3540 Weld County Road 7 Erie, CO 80516 John T. , Shirley A. , and Gary Lee Cleland 2474 Weld County Road 7 Erie, CO 80516 R J and Company, a Partnership 3690 Weld County Road 7 Erie, CO 80516 George H. and Judith Ruff 3888 Weld County Road 7 Erie, CO 80516 U.P. Land Resources Corporation Box 2500 Broomfield, CO 80020 Maybelle, Annie Jane, Mary Irene Wright 564 Main Erie, CO 80516 Earl L. and Ruth S. Arneson 3206 Weld County Road 8 Erie, CO 80516 Roland and Isola B. Bury 2888 1-25 Frontage Road Erie, CO 80516 87U LO Page 2 Norman Lovely Columbine Iron and Metals, Incorporated 3747 Weld County Road 8 Erie, CO 80516 t t SURROUNDING MINERAL OWNERS USR-774:86:55 Erie Road Joint Venture Union Pacific Railroad Company P.O. Box 2500 Broomfield, CO 80020 ( (,. f4:J � 7 Independent MARX REAL ESTATE CORP. Member Broker 3701 South Broadway Matto Englewood,Colorado 80110 BkKER OS RIALTO* A COMPLETE REAL ESTATE SERVICE Office 303/761-4004 -1NO. December 11, 1986 Department of Planning Services 915 Tenth Street Greeley, CO 80631 Re: Application for "Use by Special Review" by Erie Road Joint Venture To Whom It May Concern: This letter is a more elaborate explanation & description of Item 2, Paragraph A - "Explain Proposed Use". The proposed uses are salvage and storage of automobiles and trucks; recreation vehicles and boats; farm equipment; heavy construction equipment, materials and items; oil and gas exploration and production equipment; concrete or metal construction items and mobile homes. There shall be no combustible items such as tires, and no toxic or hazardous material or waste. All tenants shall be required to permit any Weld County, State or Federal Agency access to any premises during business hours without notice. The hours of opera- tion or employment shall be daylight hours except in winter months, which will be two hours after sunset. Our typical lease is attached. Sincerely, ERIE OAD JOINT VENTURE V Robert P. Marx Managing Venturer RPM/slh Enclosure ^ N--i7 DEC Weld Co. Malin% Wilma a wi igj 870180 USE BY SPECIAL REVIEW APPLICATION I,. Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80611 Phone - 356-4000 - Ext. 4400 Case Prather Date Received Applir.stlon Checked by Mylar plat .submitted _ Application Fee Receipt Number Recording Fee Receipt Number TO BE E.OMPLETEH 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, LEGAI, DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: Part of Section 15 T 1 N, R 68 W LEGAI DESCRIPTION of contiguous property owned upon which Special -Review Permit Is proposed: Part of Section 15 T 1 N, R 68 W Property Address (if available) Unimproved NW of Erie Road and 1-25 PRESENT ZONE Agriculture _ OVERLAY ZONES NO NE TOTA1. ACREAGE 214 M/L PROPOSED LAND USE Auto Salvage-and Outside Storage EXISTING LAND USE Agricultural -- SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: Erie Road Joint Venture Address: 3701 South Broadway city Englewood, LO Zip 80110 Home Telephone 0 798-4682 Business Telephone 0 /b1-4004--__ Name: • Address: City Zip Home Telephone ft Business Telephone 0 APPLICANT OR AUTHORIZED AGENT (if different than above): Name: % Robert P. Marx --Managing Venturer Address: 3701 South Broadway City Englewood, uu yip 80I10 Home Telephone 0 798-4682 Business Telephone 0 /61-4004 List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Union Pacific Railroad • Address: 1416 bodge Street City Omaha, Nebraska Zip_38179 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 appltr.:.t ton nre true and correct to the best of my knowledge. COUNTY of WELD ). 7 J /4 S TA IIi OF COLORADO ) -e /M-2.. `J� // /,'/lz Fin 1 t -- Sign, ture: Owner or Authorized Agent Subscribed and sworn to before me this gi /,day Goff £,j(Yyl, & ) OTARY7�t I�(/J !N NOTARY PURL , SHARON L. WAVE My cvmmissllon;-tzhirea rn f ,990 670180 FROM: Erie Road Joint Venture Robert P. Marx, Managing Venturer TO: Department of Planning Services 915 10th Street, Room #342 Greeley, Colorado 80631 REGARDING APPLICATION REQUIREMENTS 1. A completed application is attached. 2. Detailed description of proposed operation and use: A. Explain proposed use. Erie Road Joint Venture, the undersigned applicant and owner, is applying for a "Use By Special Review" on approximately 214 acres lying in Section 15, Township 1 North, Range 68 West, (Interstate I-25 and the Erie Road). The proposed use is Motor Vehicle Salvage and outside storage. B. Explain need for use. The need for such use is created because cities, towns, and county urban areas prevent, preclude, and deny any expansion or change in existing motor vehicle salvage and storage areas. Motor Vehicle Salvage and outside storage must be cheaper land away from more intense uses. C. Explain the types of existing uses on surrounding properties. Two adjoining and existing uses are the David J. Joseph Company, a rail and truck sorting and salvage operation. Its primary customer is the Union Pacific Railroad which adjoins our property on two sides. Another adjoining user is Columbine Iron and Metals, Inc. , a recycling yard for ferrous and non-ferrous metals, which adjoins our property on the south and east, and almost eliminates visual impact from Interstate 1-25 and the Erie Road. The other surrounding and adjoining properties are agricultural in nature. D. The distance of the proposed use to residential structures in each direction. The closest residences in any direction are directly west and six residences are about 2,000 feet away. E. The maximum number of users, patrons, members, and buyers. The maximum number of users will be 20 and they will be our lessees. We contemplate a 10 acre minimum, but indications are for less than 20 different users. F. The number of employees, number of shifts, and hours of operation. The number of employees is estimated at about 30, working normal business hours. G. The type of water source for the proposed use. The water source, if necessary, is Left Hand Water Supply Company, Box 210, Niwot, Colorado, 80544-0210. 870180 H. Explain the access route(s) to be utilized for the proposed use. The access to be utilized is one access from Weld County Road 6, and three accesses from Weld County Road 8. I. Explain type, size, weight, and frequency of vehicular traffic associated with the proposed use. Vehicular traffic would be primarily pickup, wrecker, flat-bed truck, or semi-trailer. Size and weight would be smaller than the total average traffic size and weight. Frequency might approach 100 vehicle trips per day at full utilization. J. The type of sewage facilities for the proposed use. Sewage facilities initially would be portable toilets and/or holding tanks. The future possibility exists of the need for septic tanks and leaching fields. K. A description of the proposed fire protection measures associated with the proposed use. Conversations with Assistant Fire Chief Bob Fuss, 833-3896, Dacona Fire Protection District, P.O. Box 40, Dacona, Colorado, 80514, indicate the District's requirement for possible on-site water storage (for pumpers) and a site plan showing access to all lessees premises. L. The types and maximum number of animals to be concentrated on the Use By Special Review area at one time. No commercial animals will be in the area. There may be guard dogs and/or dogs as family pets. M. The type and size of any waste, stockpile, or storage areas associated with the proposed use. No waste, animal or otherwise, will be stockpiled or stored. N. Type of storm water retention facilities associated with the proposed use. No surface change, or ground water conditions change, or co-efficient of storm water or irrigation water run-off will change from present dry land farm use. 0. The time schedule and method of removal and disposal of debris, junk, and other wastes associated with the proposed use. The time schedule and method of removal and disposal of debris, junk, and wastes will be governed by the terms and conditions of the lease agreement of Lessees and Erie Road Joint Venture, Lessor. P. Explain proposed landscaping plans and erosion control measures associated with the proposed use. Landscaping and erosion control and visual screening along our west border will be accomplished by tree varieties, planting and spacing as suggested by the Longmont office of the Soil Conservation Service. Q. Reclamation procedures to be employed upon cessation of the Use By Special Review activity. Reclamation upon cessation would be to return to agricultural use. 870180 R. A time table su. wing the periods of time requir, for construction and start-up of the proposed use. Leasing, access road grading, and tree planting would start and complete as soon as is practical . We propose that as a parcel is leased, access road and tree planting is accomplished within 90 days per parcel leased. 3. The following written materials and supporting documents are included and submitted as part of our application: A. A statement explaining how the proposal is consistent with the Weld County Comprehensive Plan. This proposed application is consistent with the Weld County Comprehensive Plan in that two similar uses are in operation and adjoin its location. B. A statement explaining how the proposal is consistent with the intent of the district in which the use is located. The The proposal is consistent with the intent of the district and area in that endeavors other than agriculture are permitted near inter- changes on I-25. C. If applicable, a statement explaining what efforts have been made, in the location decision for the proposed use, to conserve productive agricultural land in the agricultural zone district. None. D. A statement explaining there is adequate provision for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and the county. There should be no particular health hazard connected with auto salvage. Safety will be within the province of the Weld County Sheriff' s office and Dacona Fire Protection District. Additional employment shall contribute to the general welfare of the area. E. A statement explaining the uses permitted will be compatible with the existing surrounding land uses (including a description of existing land uses of all properties adjacent to the property) . The use of the land to the east, Section 14, separated from us by Interstate 25, is dryland farming and is owned by the Union Pacific Railroad. The use of the land to the south in Section 15, is owned by Columbine Iron and Metals, Inc. and is used for ferrous and non- ferrous metal salvage. The use of the land to the west is owned by five residents who all farm and live on their land. F. A statement explaining the proposed use will be compatible with the future development of the surrounding area as permitted by the existing zone and with future development as projected by the comprehensive plan of the county or the adopted master plans of affected municipalities. The proposed use (properly visually screened) will be compatible with the existing agricultural uses. G. A statement explaining the Use By Special Review area is not located in a flood plain, geologic hazard and Weld County Airport overlay district area; or that the application complies with section fifty (50), overlay district regulations as outlined in the Weld County Zoning Ordinance. 8.70111 The proposed a. ..a is not in a flood plain, but ,. in a geologic hazard area in that it has been undermined and the coal removed over the past 50 years. H. Proof that a water supply will be available which is adequate in terms of quantity, quality, and dependability (e.g. , a well permit or letter from a water district). The proposed area is within the Northern Colorado Water Conservancy District and can be served by Left Hand Water Supply Company. I. A copy of the deed or legal instrument identifying the applicant(s) interest in the property under consideration. If an authorized agent signs the application for the fee owner(s) , a letter granting power of attorney to the agent from the property owner(s) shall be provided. A copy of the Deed identifying the ownership interest and the power of attorney is provided. J. A noise report, unless waived by the Department of Planning Services, documenting the methods to be utilized to meet the applicable noise standards. No noise report is submitted. K. A soil report of the site prepared by the Soil Conservation Service or by a soils engineer or scientist. In those instances when the soil report indicates the existence of moderate or severe soil limitations for the uses proposed, the applicant shall detail the methods to be employed to mitigate the limitations. Soil Conservation Service information is submitted. L. A certified 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. The source of such list shall be 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. If the list is assembled from the records of the Weld County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. (form attached) The County Assessor' s Office will not complete this list for you. It is the responsibility of the applicant to gather this information. Certified Ownership List is submitted by McRae and Short. * A certified list of the names and addresses of mineral owners and lessees of mineral owners on or under the parcel of land being considered. The source of such list shall be assembled from the records of the Weld County Clerk and Recorder, or from an ownership update from a title or abstract company or an attorney, derived from such records. (A certification form is attached. ) The name and address of the mineral owner and mineral lessee and operator is submitted. 8701 eo MARX REAL ESTATE CORP. Independent Member Broker 3701 South Broadway ® MEifb Englewood,Colorado 80110 bPokEP$Office 303/761-4004 ,,At,pe A COMPLETE REAL ESTATE SERVICE INC. December 11, 1986 Department of Planning Services 915 Tenth Street Greeley, CO 80631 Re: Application for "Use by Special Review" by Erie Road Joint Venture To Whom It May Concern: This letter is a more elaborate explanation & description of Item 2, Paragraph A - "Explain Proposed Use". The proposed uses are salvage and storage of automobiles and trucks; recreation vehicles and boats; farm equipment; heavy construction equipment, materials and items; oil and gas exploration and production equipment; concrete or metal construction items and mobile homes. There shall be no combustible items such as tires, and no toxic or hazardous material or waste. All tenants shall be required to permit any Weld County, State or Federal Agency access to any premises during business hours without notice. The hours of opera- tion or employment shall be daylight hours except in winter months, which will be two hours after sunset. Our typical lease is attached. Sincerely, ERIE OAD JOINT VENTURE Robert P. Marx Managing Venturer RPM/slh Enclosure c/..7 A lit . 1973 ,n,L IL..Ile_ 1609811 Ass epee.,Reeds •$CgY0 o'clock ___M of —_-�:(pr:- 1 FILM NN T RecepReceptionNo. _M., l(/� NfdlR\'C fUIN•'M RecoMer5 4 8 a 7 Recorder's Stamp a NORTIIIIOOR REALTY AND DEVELOPMENT CORP., a Colorado , . ,it/LD I I Corporation ER Gar i l i;' 'PIORgpp ' :4:c on whose address Is • County of Adams 'tU(� and ionSlate-of II 0J 4848171 Colorado 1 for the consideration of l'llf • II � .7 Dollars, In hand paid, hereby sell(a) and convey(s)-to FLlini; ERIE ROAD JOINT VENTURE , 11 - - , whose address Is A Colorado County of Adams and State of hmditlj In the li(EXZRSMdpg( the following real property situate County of Weld and State of Colorado, to-wit: All of Section 15, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado; EXCEPT a strip of land 200 feet wide on each side of the centerline of the Union Pacific Railroad Company as reserved in Deed recorded In Zook417 Page 40,3; and EXCEPT a tract of land for road purposes along the East line of said section as conveyed in-Book 1005 Page 262; and EXCEPT a tract of land described In Book .1038 Page 490; and EXCEPT a tract of land conveyed to the Department of Highways in Book 1493 Page 242; and EXCEPT a tract of land conveyed to Public Service Company in Book 1635 Page 568. Corrective Deed, consideration less than $100.00; no State Documentary Fee attached. with all its appurtenances and warrant(s) the tiae to the same, subject to easements, restrict- ions, and reservations of record; general taxes for 1973 and all subsequent years; and Decd of Trust recorded in--Book 591 Reception No. 1512752 of Weld County records for the use ofThe First Congregational Church Boulder, a Colorado Corporation to secure $90,000.00; and Deed of Trust recorded in Book 683 at Reception No.* Signed this—_ day of , 19 *16052380f Weld County records for the use of J. V. Shields, William S. Howard and Fern A. Howard to secure $226,500.00, the balance of which the purchaser assumes and agrees to pay for both Deed of Trust. t, 0(1•( Northmoor Realty and Development Corp. • By: /Lc- t.---- / iii LL'? � C: (I T, Te E A Robert P4.Mprtt Z'4 of ,'Mary Ellen Marx, •'STAT Igj!.q3LORADO.. ! , •,b ss. ' - :.4po0nty of The foregoing instrument was acknowledged before me this day of 19 , by dry commission expires 19 Witness my hand and official seal. N.u.r wore STATE OF COLORADO 1 ss _County of The foregoing instrument was acknowledged before me this 26thday of January 19 , he Robert P. Marx as President end Mary Ellen Marx asi. Secretary of Northmoor Realty and Development Corp., a &ol6 radd -' Corporation Aiy commission tsa expiresand August 4. ,1976�,, 1Nil nets my hand and official seal, l ti // :,te zd r2 fan P be '...C4:244-) /- r eta[ease f" "1%1= m S%1 ii sills mensM•—Nwe me,,np urtuon ta.ru.m ta.rl[pleas M.'" ogee rn , mxm e, •a)elm,e.mq p RA eenna,nm.RA POUR Wes.RN LAMA. COLORADO TITLE OFFICE CHICAGO ililf LNSUEANCE COMPANY 870 851 y tot . 1. �:1 r Fy n r..-is t r Cr,{�J R vm L icS Y/'t d J ]}Weir:4W fy l4 :4S YF . [ 4 i1t�C11' �W1u�ae_:i ZOO( Ilamdsdy rc•'% x 77 w aPR I—a-1977 0• 1716709 3 Ma 3, rown or anaaxn_e„arr.rrww.are es.,fir r.si-Rnb ranuriZssmai ews---/Am rearnon.Rw w Crd KNOW ALL MEMBT TRESEPRESENTS: That Erie Road Joint Venture,pursuant to rticle 8-2 of the Joint Venture Agreement, of the Erle Road Joint Venture dated January I, 1973 of the Conntp of I dams t Weld ,state of Colorado ,reposing special trust and confidence In o. Robert P. Marx c` of the County of Arapahoe ,State of Colorado have made,con- cm t-- `o stituted and appointed,and by these resents do make,constitute and r-f P appoint the said ,~—i Robert P. Marx, their true and lawful attorney for them and In their name,place and stead,for a y, sole use and-benefit to grant, bargain, sell, convey, encumber, purchase or contract a for the sale. conveyance, purchase or encumbrance of the following described real eu :: estate situate In the County of Weld , State of o Colorado, to wit: All or any part of that property lying In Section 15. Township n I North, Range 68 West of the 6th P.M., Weld County, Colorado. The said attorney-In-fact is hereby empowered to grant, bargain, sell, convey, e4i. encumber or to contract for the purchase, sale, conveyance or encumbrance of all .-a of the above described real estate, and in our names to collect such monies as may become due us from the sale, conveyance, encumbrance or purchase thereof and to make, execute, acknowledge and del lver contracts of sale, good and sufficient deeds of conveyance, pronissory.notes, deeds of trust, mortgages and other In- struments in writing of every kind and nature, including but not limited to sale and loan closing statements and the endorsement of checks or drafts, containing such terms and conditions and such warranties and covenants asmy said attorney- . In-fact may deen.necessary and convenient with the sale, conveyance, purchase or encumbrances of said real estate. .7 -, _d.c ,(�el} a /0 ✓�y �itif•. zc 6cufc... datCK,„• Percent {/ Plaza Fly Company • Percent 2 3 ea/ / Percent r W. Smith, - Percent om Ted R. 5 d J// Percent Jo `,. 6toddare Hereby giving and granting auto hem said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be dons in and about the prem- ises,as fully to all Intents and purpose,as they might or could do If personally present,with full power of substitution and revocation hereby ratifying and confirming all that the said attorney { or h is substitute,shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, have hereunto set We our hands and seal z this 7th hi ' day of April , tg 77 - ,SEE MOVE yF ..._.._...._........_...._ MALI 0 , a nt Aiv , Thigh h .CI pe(1' sJ ?i ben5erjv �_...-..._.—ISEALI GIBS Percent Mdr VtiYtlpmenC"'COO ISEALI �., ci 7 Pa; Percent Whi r1h in Venture ge Percent enc . right a PP-ifti on Py e ,t ttf 444v - 795 1716709 a - - STATE OF COLORADO, ins Countvr,f ARARAH9g I, Stanley V. Wieland Inn d foreald Araraho4__..county,In the Slate aforesaid,do hereby certify that..Melvin..D..._Edowers,Stanley Kent Rains, Roger W. Smith Jr.,-John W. Stdda rd, John T. Denhof, Robert P. Marx and Laurence 2. Wright ,who..are personally known to me to be the person.S.whose name,.__..............._..subscrihed to the within Power of Attorney,appeared before me this day in person and acknowledged that_they._.h.acn.._signed,sealed and delivered the raid instrument of writing es t h0.1 f......_.free and voluntary aet end deed, for the use, and purpose, therein set forth. Given under my band and seal, this l th_.___....._..day of April 1911_.... Hy commission explrn March 20, 1981 \'Nr_' St Fitness my hand and official seal. fk On �S/ 't 2 74H> . _. • Ni r.-- ke 3 i ' ? 60 .11 tktch s1/2_ .1,, \d, • ,1 ect r` o a f o S d -9 W C .9 J$tT41 ' en y x , a e 's a r_q 1- E $ i .1O:! tea X60 r - I h'! s do ,..p7•/ rA• r**�r...+..••*r� -...,R _._-. �•..-.� n i39 A,,•: . chili", . kl 4I/ r s4 3 i 3 # '_iy• \1 I.t • • •• /.: 9 � f k r 4t! • I - �•- 67 �f,. a� v+ 40 � ,,•.�. {{ m f l t1 I v Ir d lc t.1 • 1 '1r ' 1 40 ,t Y rt { .td1t66,4,tt iy �,: ,/q ' 1 44 44 S ,* ,v*Al, t lti ± $ 4 •; ,: 57 •t 49 + 7>r K,r ,i, 79 k4 57 ' 61 + 36 +A 4A y tied-' P Sky. ,t r e t, , �� , a , ' Oiti . . 40 d� rkl . , �, vlK r+ r A t67 1 P U l h i 1 1 } t 61 a�T:v l ^ i}i �• Apt 7 • t , t• , ' ' , ,IS ii t t y t .. - t`t ' 66 it'tr: fff t4 I 83 Z5^+ 40 d6 k "•,e/ / i • { A4, / r rl' ev r .. Iti'g 1 • . ' r 1 I4 tt:, i • 61 12 h btu••� a ` /- ,�, 1 ,' L "'r f .1 \ iX�� ; Y )1�. s• 4;` t it 57 ') 'i I et {i<i , . 01 ii, ,' µ#(j{11. ' ' +, )9 1. it-FA ou octet• �79 ! F's,� • � 4D Ki. t 9d rf Vi II. v i _ f 166 jest i 1�� 7�ai 42 �, � Iist• , } . : k �i? 67 JO , . 42 83 C`C T• ft i 61 1 r - • 7 {{79 37 or I 79 ai 6, 14 1, 3 t ' r 61 4�� • s'99 i ,t it * l,7r NN + t 83� • ,i /' 42 � J 1 �:l 1 +�; ,t[G 1t ,r.�J.4tif �� 3� /(y�+ �,I S , •,la: {4f v 1 }'k1 t!1'1 , 11 ,D r -. 80117#1 \h t ll 1 4�r 1 3—? �i 40�� yy�� t J y et Core vk o e� 6 7fr $ • r 57 a�,xv �,j� ,t `7f79 if/ 5 », :,i4`�4` „if;ee ,19 • i66 _ x 4i yy ,. , -• j 17 td ( tr 1 k c _ D� $ o ' X 1tc iJ 11 r o- • • tv Y 1 r a`w4�p?.r.. ( Ji •• v If �Q i kit 2 71 '' C, ''MZ t 79 " 1 53 ^.. 556 I ir. 1 1' yr ' ' r 5 Vredo. '` :74 79 • IJ r ',1t, l): • F i7 j'1`51 79 d r� •(� 42r + , i ' e¢k l7 1r5)' � , +Y, $ ;1;1 , .r )•� � _V.• ' SOIL SURVEY OF WELD COUNTY, COLORADO, SOUTHERN PART United Stales Department of Agriculture.Solt Conservation Service, x 701 t4,4), ' in cooperation with the Colorado Agricultural Experiment Station C L� 7 SOIL SURVEY OF WELD COUNTY, COLORADO, SOUTHERN PART United States Department of Agriculture, Soil Conservation Service, in cooperation with the Colorado Agricultural Experiment Station • 40—Nunn loam, 1 to 3 percent slopes. This is a deep, vegetation should be continued for as many years as well drained soil on terraces at elevations of 4,550 to 5,000 possible following planting. Trees that are best suited and feet. It formed in mixed alluvium. Included in mapping have good survival are Rocky Mountain juniper, eastern are small, long and narrow areas of sand and gravel redcedar, ponderosa pine, Siberian elm, Russian-olive, and deposits and small areas of soils that are subject to occa- hackberry. The shrubs best suited are skunkbush sumac, sional flooding. Some leveled areas are also included. lilac, Siberian peashrub, and American plum. Typically the surface layer of this Nunn soil is grayish Wildlife is an important secondary use of this soil. The brown loam about 12 inches thick. The subsoil is light cropland areas provide favorable habitat for ring-necked brownish gray clay loam about 12 inches thick. The upper pheasant and mourning dove. Many nongame species can part of the substratum is light brownish gray clay loam. be attracted by establishing areas for nesting and escape The lower part to a depth of 60 inches is brown sandy cover. For pheasants, undisturbed nesting cover is essen- loam. tial and should be included in plans for habitat develop- Permeability is moderately slow. Available water ment, especially in areas of intensive agriculture. Range- capacity is high. The effective rooting depth is 60 inches land wildlife, for example, the pronghorn antelope, can be or more. Surface runoff is medium, and the erosion attracted by developing livestock watering facilities, hazard is low. managing livestock grazing, and reseeding where needed. In irrigated areas this soil is suited-to all crops com- This soil has fair to poor potential for urban develop- monly grown in -the -area, including corn, sugar beets, ment. It has moderate to high shrink swell, low strength, beans, alfalfa, small grain, potatoes, and onions. An exam- and moderately slow permeability. These features create ple of a suitable cropping system is 3 to 4 years of alfalfa problems in dwelling and road construction. Those areas followed by corn, corn for silage, sugar beets, small grain, that have loam or sandy loam in the lower part of the or beans. Generally such characteristics as a high clay substratum are suitable for septic tank absorptionfields content or a rapidly permeable substratum slightly and foundations. Some areas of this soil are adjacent to restrict some crops. streams and are subject to occasional flooding. The poten- All methods of irrigation are suitable, but furrow ir- tial is fair for such recreational development as camp and rigation is the most common. Proper irrigation water picnic areas and playgrounds. Capability subclass Ile ir- management is essential. Barnyard manure and commer- rigated, IIIc nonirrigated; Loamy Plains range site. - cial fertilizer are needed for top yields. - Most nonirrigated areas are used for small grain. The soil is summer fallowed in alternate years. Winter wheat is the principal crop. If the crop is winterkilled, spring wheat can be seeded. Generally precipitation is -too low for beneficial use offertilizer. Such practices as stubble mulch farming, striperopping, and minimum tillage are needed to control soil blowing and water erosion. The potential native vegetation is dominated by blue grama. Several mid grasses, such as western wheatgrass and needleandthread, are also present. Potential produc- tion ranges from 1,600 pounds per acre in favorable years to 1,000 pounds in unfavorable years. As range condition deteriorates, the mid grasses decrease; blue grama, buf- falograss, snakeweed, yucca, and fringed sage increase; and forage production drops. Undesirable weeds and an- nuals invade the site as range condition becomes poorer. Management of vegetation on this soil should be based - on taking half and leaving half of the total annual produc- tion. Seeding is desirable if the range is in poor condition. Sideoats grama, little bluestem, western wheatgrass, blue grama, pubescent wheatgrass, and crested wheatgrass are suitable for seeding. The grass selected should meet the seasonal requirements of livestock. It can be seeded into a clean, firm sorghum stubble, or it can be drilled into a firm prepared seedbed. Seeding early in spring has proven most successful. kql Windbreaks and environmental plantings of trees and � shrubs commonly grown in the area are generally well suited to this soil. Cultivation to control competing 67—Ulm clay loam, 3 to 5 percent slopes. This is a Wildlife is an important secondary use of this soil. The deep, well drained soil on plains at elevations of 5,075 to cropland areas provide favorable habitat for ring-necked 5,200 feet. It formed in alluvial andeolian sediments frompheasant and mourning dove. Many nongame species can shale. Included in mapping are small areas of soils that be attracted by establishing areas for nesting and escape have shale between depths of 40 and 60 inches. Also in- cover. For pheasants, undisturbed nesting cover is essen- eluded are small areas of soils where the surface layer tial and should be included in plans for habitat develop- and subsoil have been recharged with lime from irriga- ment, especially in areas of intensive agriculture. Range- tion. land wildlife, for example, the pronghorn antelope, can be Typically the surface of this Ulm soil is brown clay attracted by developing livestock watering facilities, loam about 5 inches thick. The subsoil is brown and pale managing livestock grazing, and reseeding where needed. brown clay about 12 inches thick. The substratum to a This soil has poor potential for urban and recreational depth of 60 inches is clay and clay loam. development. Slow permeability and high shrink swell Permeability is slow. Available water capacity is high. cause problems in dwelling and road construction. Cape- The effective rooting depth is 60 inches or more. Surface bility subclass IIIe irrigated, IVe nonirrigated; Clayey runoff is medium, and the erosion hazard is moderate. Plains range site. In irrigated areas this soil is suited to the crops com- monly grown in the area. Perennial grasses and alfalfa or close grown crops should be grown at least 50 percent of the time. Contour ditches and corrugations can be used in irrigating closegrown crops and pasture. Furrows, con- tour furrows, and cross slope furrows are suitable for row crops. Sprinkler irrigation is also desirable. Keeping til- lage to a minimum and utilizing crop residue help to con- trol erosion. Maintaining fertility is important. Crops respond to applications of phosphorus and nitrogen. In nonirrigated areas this soil is suited to winter wheat, barley, and sorghum. Most of the acreage is planted to winter wheat. The predicted average yield is 28 bushels per acre. The soil is summer fallowed in alternate years to allow moisture accumulation. Generally precipitation is too low to make beneficial use of fertilizer. Stubble mulch farming, striperopping, and minimum til- lage are needed to control soil blowing and water erosion. Terracing also may be needed to control water erosion. The potential native vegetation is dominated by western wheatgrass and blue grama. Buffalograss is also present. Potential production ranges from 1,000 pounds per acre in favorable years to 600 pounds in unfavorable years. As range condition deteriorates, a blue grama-buf- falograss -sod forms. Undesirable weeds and annuals in- vade the site as range condition becomes poorer. Management of vegetation on this soil should be based on taking half and leaving half of the total annual produc- tion. Range pitting can reduce runoff. Seeding is desirable if the range is in poor condition. Western wheatgrass, blue grama, sideoats grama, buffalograss, pubescent wheatgrass, and crested wheatgrass are suitable for seed- ing. The grass selected should meet the seasonal require- ments of livestock. It can be seeded into a clean, firm sorghum stubble, or it can be drilled into a firm prepared seedbed. Seeding early in spring has proven most success- ful. Windbreaks and environmental plantings of trees and shrubs commonly grown in the area are generally well suited to this soil. Cultivation to control competing vegetation should be continued for as many years as possible following planting. Trees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian-olive, and f"70_1 80 hackberry. The shrubs best suited are skunkbush sumac, lilac, Siberian peashrub, and American plum. 79—Weld loam, I to 3 percent slopes. This is a deep, The potential native vegetation is dominated by blue well drained soil on smooth plains at elevations of 4,850 to grama. Several mid 5,000 feet. It formed in eolian deposits. Included in grasses, such as western wheatgrass mapping are small areas of soils that have a subsoil of and ranneeges from 1,600ead, are also present.ac Potential eryears loam and light clay loam. Also included are some leveled tion o1,000 000 po from un pounds per acre s geo dears to pounds in unfavorable years. As range condition areas. deteriorates, the mid grasses decrease; blue buf- Typically the surface layer of this Weld soil is brown grama, e loam about 8 inches thick. The subsoil is brown andpale anograss, snakeweed, dyrops. and suable sage increase- and forage production drops. Undesirable weeds and an- brown heavy clay loam and light clay about 20 inches nuals invade the site as range condition becomes poorer. thick. The substratum to a depth of 60 inches is silt loam. Management of vegetation on this soil should be based Permeability is slow. Available water capacity is high. on taking half and leaving half of the total annual produc- The effective rooting depth is 60 inches or more. Surface tion. Seeding is desirable if the range is in poor condition. runoff is slow, and the erosion hazard is low. Sideoats grama, little bluestem, western wheatgrass, blue In irrigated areas this soil is suited to all crops com- grama, pubescent wheatgrass, and crested wheatgrass are monly grown in the area, including corn, sugar beets (fig. suitable for seeding. The grass selected should meet the 8), beans, alfalfa, small grain, and onions. An example of a seasonal requirements of livestock. It can be seeded into suitable cropping system is 3 to 4 years of alfalfa fol- a clean, firm sorghum stubble, or it can be drilled into a lowed by corn, corn for silage, sugar beets, small grain, or firm prepared seedbed. Seeding early in spring has beans. Land leveling, ditch lining, and installing pipelines proven most successful. are needed for proper water applications. Windbreaks and environmental plantings are generally All methods of irrigation are suitable, but furrow ir- well suited to this soil. Summer fallow a year before rigation is the most common. Barnyard manure and com- planting and continued cultivation for weed control are mercial fertilizer are needed for top yields. needed to insure establishment and survival of plantings. This soil is well suited to winter wheat, barley, and Trees that are best suited and have good survival are sorghum if it is summer fallowed in alternate years. Rocky Mountain juniper, eastern redcedar, ponderosa Winter wheat is the principal crop. The predicted average pine, Siberian elm, Russian-olive, and hackberry. The yield is 33 bushels per acre. If the crop is winterkilled, shrubs best suited are skunkbush sumac, lilac, Siberian spring wheat can be seeded. Generally precipitation is too peashrub, and American plum. low for beneficial use of fertilizer. Openland wildlife, such as pheasant, mourning dove, Stubble mulch farming, striperopping, and minimum til- and cottontail, are best suited to this soil. Wildlife habitat lage are needed to control soil blowing and water erosion. development, including tree and shrub plantings and Terracing also may be needed to control water erosion. grass plantings to serve as nesting areas, should be suc- cessful without irrigation during most years. Under ir- rigation, good wildlife habitat can be established, benefit- ing many kinds of openland wildlife. This soil has good potential for urban and recreational development. The chief limiting soil features for urban development are the shrink-swell potential of the subsoil as it wets and dries and the limited capacity of the soil to support a load. Lawns, shrubs, and trees grow well. Capa- bility subclass IIe irrigated, IIIc nonirrigated; Loamy Plains range site. AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property PART OF SECTION 15, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO. 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. The 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 submission date. The foregoing instrument was subscribed and sworn to before me this z day of --Dee-en-act' , 1956 WITNESS my hand and official seal . My Commission expires: ✓ , 6A f99° r^ 'a A (' ;: Notary Public , :110 ' 1' . 1, e'.„ }2 - /, t roan NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION fi ELROD, C.L. & ALOIS L. - T AND COUFAL, MICHAEL J & 3470 WCR 7 62146715000056- NANCX . ERIE, CO. 80516 MUELLER, LA VERNE A. & 3540 WCR 7 MARY I. ERIE, CO. 80516 62146715000058 CLELAND, JOHN T. , SHIRLEY 2474 WCR 7 62146715000059 A. F. GARY LEE ERIE, CO. 80516 R J & CO. , A PARTNERShIP 3690 WCR 7 ERIE, CO. 80516 62146715000063 RUFF, GEORGE H. & JUDITH 3888 WCR 7 ERIE, CO. 80516 62146715000066 U.P. LAND RESOURCES CORP. BOX 2500 BROOMFIELD, CO. 80020 62146714000007 U.P. LAND RESOURCES CORP.. BOX 2500 BROOMFIELD, CO. 80020 62146710000040 WRIGHT, MAYBELLE, ANNIE 564 Main tea, Rn56 62146711000005 ARNESON, EARL L. & RUTH 3206 WCR 8 �• ERIE, CO. 80516 62146722000022 ARNESON, EARL L. & RUTH 3206 WCR 8 S. ERIE, CO. 80516 62146722000023 BURY, ROLAND & ISOLA B. 2888 1-25 TRONiAGE KU. ERIE, CO. 80516 62146723000048 NORMAN LOVELY dba COLUMBINE 3747 WCR 8 IRON & METALS, INC. ERIE, CO. _00516 62146722000037 890180 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property PART OF SECTION 15, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6th P.M. , WELD COUNTY. COLORADO STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names and addresses of all mineral owners and lesses of mineral owners on or under the parcel of 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 organ attorney. l�Gjt(�F�1/' V i�Zy��t✓7J�-/ y� ete- (, /,�l�yv?,C,^7 G/C�n..Ct -✓"1 The foregoing instrument was subscribed and sworn to before me this 9-t16_, day of bz,J) , 19 8(p . WITNESS my hand and official seal . My Commission expires: �'j `;'.� ' `' 3 zl - 90 / Notary Pu is SHARON L. WAKE NAME, ADDRESS, TOWN/CITY, STATE, AND ZIP CODE ASSESSOR'S PARCEL IDENTIFICATION NO. UNION PACIFIC RAILROAD COMPANY P.O. BOX 2500 BROOMFIELD, CO 80020 870180 MARX REAL ESTATE CORP. MEtkb 3701 South Broadway MMOM§ Englewood,Colorado 80110 INC. Office 303/761-4004 ,,A,,e, A COMPLETE REAL ESTATE SERVICE December 3, 1986 Department of Planning Services 915 10th Street Greeley, Colorado 80631 Re: Use by Special Review in Section 15, Township 1 North, Range 68 West, from Erie Road Joint Venture Location, amount, size and type of any proposed landscaping, fencing, walls, berms or other screening To Whom It May Concern: Along our west property line, starting from our south property line on the north side of Weld County Road 6 and proceeding north to Weld County Road 8, we propose a visual screening of trees. The trees will be as recommended by the Longmont office of the Soil Conservation Service as to type(s) best suited to the soil conditions existent. Initial conversations indicate Russian Olive, Hackberry, Quail Bush Sumac or others, possibly two rows on a 10 foot spacing. Rate of growth, hardiness, etc. , will be considered by the Soil Conservation Services. Along the east property line adjacent to Interstate 25, we propose a chain link fence similar to the one existing at Erie Auto Salvage one mile north of our prop- erty on the east side of I-25. We propose that these screening improvements be phased and completed as land is utilized starting from south to north. Sincerely, ERIE ROAD JOINT V NTURE Robert P. Marx / Managing Venturer RPM/slh CONSULTING[H. SOX . SOIL FOUNDATIONENGINEERS ) GEOLOGISTS GEOLOGICAL IN VESTIGATIONS V STIGATIONS ( 4765 INDEPENDENCE ST. • WHEAT RIDGE (DENVER), COLORADO 80033 • TEL. (303) 424-5578 1 7� October 30, 1972 Northmoor Realty Corporation First National Bank Building of Northglenn Suite 622 10701 Melody Drive Denver, Colorado 80234 Job No. 2-589 • Subject: Evaluation of coal mine subsidence possibilities on a 412 acre tract in Section 15, Township 1 North, Range 68 West, Weld County, Colorado We have reviewed the survey maps of the mine workings, assessed public records and inspected the surficial conditions at the site. This letter will present a summary of our findings and will outline some potential development plans. The coal mine workings of the Eagle Mine lie 370 to almost 400 feet below the ground surface of the subject area. Mine survey maps show that approximately 80% of the subject area has been mined by the room and pillar method with most of the pillars having been extracted. This has resulted in roof collapse fairly uniformly throughout the mine. In our discussion with those familiar with the mining techniques, it was revealed that most roof collapses occurred within 3 to 5 hours after the pillars had been removed. Mining has apparently been ( continuous since 1940 to the present in the subject area. i Surficial evaluations indicate that subsidence has occurred in several areas. Notably, an elongated subsidence feature which trends northwest-southeast can be seen near the center of the west Section line. This subsidence feature is directly over the large mined out area that was mined in 1942. Other subsidence features such as erratic topography and badly aligned power poles correlate with mined out areas. The mine maps show an area of approximately 10 to 15 acres in the extreme northwest corner of the Section, where no mining occurred. This is because the coal seam was faulted out and the mine did not extend beyond the fault. Also, workings were limited and the pillars were not removed under the area of the right- of-way for the Union Pacific Railroad. Inasmuch as most of the obvious subsidence features were found in areas that had been mined 20 to 30 years ago, it is believed that future minor subsidence can be expected in other areas . The type of subsidences that have occurred is generally a broad down-warping of the ground surface as the ceilings and overburden sagged in- to the mined out areas. It is believed that future subsidence will probably he a relatively slow process that will only be decernable over a period of approximately a year. It is our opinion that only heavy underground blasting or a relatively severe earthquake could trigger rapid subsidence. Based on the information we have developed to date, it is our opinion that the property is not conducive to relatively high density development. It is believed that a low to moderate density on the order of 1 residence per acre may be allowable. Certain general precautions should be taken in the planning of such 8'01 8n Foundation Soils Investigations • Fill Control - Ground Water Development • Engineering Geology • Asphalt R Concrete - Design G Testing ( developments. First, all underground utilities should be designed with flexible connections at all bends, tees, junctions and straight lines more than 200 feet long. It is expected that the type of subsidence found in the area would most greatly affect underground utilities. Second, special foundation considerations must be taken. Residences should either be constructed on very rigid foundations that will resist cracking with movement or they should be constructed on floating or adjustable foundations that are flexible enough to absorb movement. The latter suggestion is considered the most practical in that the residence could be maintained at a level attitude whereas the rigid foundation would cause some tilting of the entire residence if subsidence occurs. Ideally, if development of the area is desired, it could best be used for low density, low cost structures on shallow foundations. Developments such as mobile home parks or residential development of non-masonry modular units over crawl spaces could be used. By going to the low density development, it would probably be more advisable to use on-site sewage disposal systems or leach fields than a central sewer as collection lines could be seriously affected by subsidence. Gravel topped streets with adjacent drainage ditches would be more practical than asphalt or concrete streets with concrete curb and gutter. The latter could be seriously damaged by differential ground movement. Although there is no precise way of predicting when subsidence will occur without the use of extensive underground instrumentation, it can generally be assumed that most roof caving will occur within 20 to 30 years after mining and that timbered tunnel supports, which have been used in the mine, will not last ( more than 50 years. We strongly recommend that prior to the development of the property, extensive soil testing and engineering geology evaluations be conducted to determine the best areas for development and to eliminate those areas where serious subsidence may occur. We would be happy to perform such services for you upon request. F. M. FOX & ASSOCIATES, INC. Reviewed-by: Bruce A. Florquist, Chidf Geologist Frederick M. Fox, Pres . Copies: 3 iA. r, z,\ BAF:hmn c-w `"i�� \, t, u <• • w�am“ • J1 ' e.J-.�RhJ -2- e "STANDARD LEASE" • • I. PARTIES. This I ,dated,for relerenal pummel only. ,19 ,1l made by and between therein celled"Landlord"1 and -- • therein called"Tenant"). 2. PREMISES. Lendlord hereby lessee to Tenant and Tenant lone hoes landlord lot the term.el the rental.and upon all of the condition.set fore ten mpproved ( J Colorado herein,that aeraln res�prbperry,llnated In the Clt�el .County of Npld .Suma commonly known as __Parcel No. being approximately - --- mddescribedat—_ .and shown on the attached map • Said tea plover ty,including the land fad/n/mirogferr 1(nt(IIILte/n.is Wirth called"the Premises". 1 TERM. 3.1 Term. The term of Ibis Lane shell be for .commencing on -----— and ending on—__. --__ unless sooner rermineted pursued to any movi,bn hereof. 3.1 Delay in Commencement. Notwlthstending geld commencement date.If for any eeton Landlord cannot deliver possession of the Premieer to Tenant on said date,landlord shall not be subject to any liability therefor,nor shall such failure etlecl the validity of this Leese or the obit galiner el Tenant hereunder n end the teen hereof,hut in such case Tenant shell not be obligated to pay rent until possession ol the Premiere is tendered In Tenant:provided,however.that it Landlord-+hall not have delivered poesetsiomof the Premises within ninety 1901 days from said commencement date. Tenant may.el Tenant's option,by notice In writing to landlord within ten 1101 dimity Landlord may, ter,cancel ancel thin Lease.11 landlord e Tedas alt totnote ten 1101 days em daintier! possession ol the'bemires within one III year Isom said commencement date, y.W 9 Iheseafler,cancel the Lease.If either perry cancels as heaatnebove provided,lendloed-Thdf return any monies previously deposited by Tenant and the parties shall be discharged from alt obligations hereunder. • J.] Early reneulon. In the event then landlord shall permit Tenant cup the remiss prior to the to thelcon dale commencement Be datee date or the term,such foccupancy shall be sutrleet to idiot the provisions ol this Lease.Said early nne le occupy y) 1advance the ].t Danvssv al Pon onion. Tenant shalt lee deemed to hove taken pot session of the Pte mitre when any of the following occur:fal landlord deli..pasteetlon of the Premise.to Tenant. 0/ly uto fi Cprtifkralrofl rtetat �d'yarrlit lPr,o iraytaethr le 7,1,7.7"eldv/le7nya. +rely. $. RENT • e.1 The base rent for the premises referred to in paregt eph 2,-above,shell be S :however,the tenant may,II he so detires Inc the lull term al or maid,pay the sum of$ In monthly installments of$ payable in advance on the first day of the lint lull calendar month of the tent hereof and the like sum on or before the lint day of each end every successive colander month thereatler during the entire term hereof.In the event the semi of this least commences on a day other than the lint day of a calendar month,then upon the day of rowmen[mens of'ha term hereof,tenant shalt pay to the landlord as ranter for the period from the dote of commencement to the first day of the next succeeding calendar month,then proportion of said monthly rental which the number of dart between laid day oleommencement end the lint day of snid next,urceeding [lender month bears to the-actual number of days in said month.Further,Is Is agreed that II occupancy of the premises ocean prior m raid lint day of any calendar month,then the first rental Installment will be$ for the period from to .Said tentti shall be paid to the landlord,without deduction Or oflat In legal lender at the office al the landlord, 3701 S. Broadway or to such other person or at loch other place as the landlord may born time to time designate In writing. 5. SECURITY DEPOSIT 5.I Tenant flu it den suit with landlord the sum al$ as security for the lull and Inithlut performance of-eery provision of this lease to be penlor med by tenant.II to neat delaulas with respect to any provision of Vale lease,Including,but not limited to the provisions relating to the payment of rent,landlord may me,manly or retain all or env part of this security deposit for the payment of any rent or any other cum in delaull,or for the payment of any amount which the landlord may spend or become obligated to spend by reason al tenant's delaull or to compensate the landlord for any other loss of dentego which the landlord may suffer by reason of tenant's de suit.I1 any portion of-mid default Is so used or applied,tenant don . within live 151 days eller written demand thereof deposit cash with the landlord In In amount sufficient to restore security deposit to it odental amount and tenant's Inilore in do so I hall be deemed to be a materiel breach el this lame.landlord shell not be requited to keep this tenuity deposit separate Irma hi general funds and tenant then not be InitIled to interest on said deposit.If tenant shell fully and faithfully perform each and every provision at Ihit lease, then,-end only then, the security deposit or any balencrlhereaf shell be returned to the tenant at the expiration of the term and upon tenant's vacation of the-Premises;however,In no event shell landlord be under any oblige don to return sold deposit earlier than sixty 160)days riles the aspiration al the term or al vet the tenant's vacation of the peemhet whichever Ins occurs. I. USE. 6.1 Um. The Premi,eethall be used and occupied only for.jalt@g4 6 Storage of atitomoblles_6_truckse_tecreat ion vehicles, farm equipment, heavy construction equipment 6 items, oil & gas exploration & production equipment, concrete formed items 6 mobile homes. There shall be no storage of tires or combustible _of toxic materiais, products.suppiles or waste. • 6.] Compliance with Law. Tenant shalt,at Tenant's expense,comply promptly with all applicable tumire.ordinances.rube regulations, orders and requirements in effect during the tom ar any pert of the term hereof rapulatin9 by}Tenant of the Pam Nee.Tenon,stall remJ-mg or Permit the me of the PrertsNn in any manner mat null and to create mute a tr tiitrilsle 't Stu 4or jihsln rine,enant/,1 ghe,h41.71,core she nfvdt which shall imd easoneh rem such other tenante. la iL allow access at any time during bun loess i SOU b aetyCouny, State t or Federa agency: Milian of Namisett Tyrant heeby accepts the Premises In their condition exhting=e0 of the date-al the possession heeunder,subject to sll-applic aide roiling municipal county and slate laws,erdinencee end regulations governing-and regulating the ma of the!bemires.and acceots Ifni lease itbieca thereto and to ell mat ere disclosed thereby and by any exhibits attached hereto.Tenant acknowledges that neither Landlord nor tenant's agent has made any representation or warranty as to the suitability ol the Premises for the conduct of Tenant's bminen. 6.4 Insurance Caneeflll ion. Notwithstanding the provisions ol Article 6.1 hereiinabove,no use harem made r vermaled gd 10 he seadea t�Ore e7 Premises nor acts done which will cause the cancellation 01 any Insurance policy covering amid Premises b di I P ee v Para,and II Tenant's use of the Premises causes an Increase In said Insurance rites Tenant matt pay any such increase. 6.5 landlord"now and Regulations. Tenant,halmlsa taidiliFPlully observe and comply wins the rules and reguladone that landlord shall Isom time In time pe omurga ter A copy of raid ruler and regulations i/attached hereto.Landlord reserves the right from time to noon Tenant e to make-ell pen de livery reasonably of a tiny cat'one to said ruler and regvtadont.The additions and modifications to those rules-and regulations shalt be binding -et them to Tenant. Landlord than not be teeponeible to Tenant for On nonperformance of any of said rule end regulations by any other tenants or aupants. (PAGE I—STANDARD) gDARD) g tl 6.6 and fall s and shall t operate e no longer than remises n two (2)g hors afterlydayligelt na in weinterpring • months. • -- 8 Plil O MAINTENANCE.❑EPAtfS LIERATIONS. on 1.1 dlgrd's Obligations.Subject to the provialona of Article 9,and except for damage sawed by any negligent or Intentie��••alert Mof Tenant, Tenant's age, layers.or Invitee., Landlord, et Landlords expense,shall keep In good order,�condritooYmd' TTpa1e the I overdadons, exterior walls and the exterior roe Pt twises.Landlord shell not,however.be nbiigated to paint such walker•" r shall Landlord be required to maintain the interior nn tare of exterior was'. ' wt,doors or plate close Landlord shall have no blideBa'n to make restart under tit Article 1,1 until ▪ sable Mee alter receipt of written notice as the n itch eepelrt.Tenant cap, awes the benelitt of any statute new or hereafter in eats' which would otherwise Word Tenant the tight to metre welts at nor to terminate this Lame because el Landlord's Inquire to keep our .... Premises In good order,condition end repair.The lease end We r/ 'Eatl+(;n e a pay rem-hee'reunder end pedorm an of the other covenant'and agreements hereunder an nem of tenant to be'Worm way be affected,Imp cased lecawe landlord it unable to lullill any of ns obligations under 11•it lease or to supply of yeti In lupPlying any Invite eepreftly pr Imnliedly u plied or it unable to make,or It delayed in making eery repairs,a lditi t,a�e�a n,or lablon,or If unable to manly or l delayed In in g but any roust (Nature,it landlord it Prevented or delayed['Pm to 'mnn, tenon of strike or labor troubles or any came hit teever,including but not linked to flea en into batten rr govern mental ion In connection with a Natlonel Emergency or by tenon of any rule,adder or regulation of any department or fubdivnh sal of any fitment agency or by reason of the cendltiont of supply end demand which have been or ire effected by war or other emergency. • 7.2 Tenant',OhllgiJan+. sal Sul•iect to she provisions of Article 1.1-end Ar tide 9,Tenant,at Tenant's expense,shall keep in good order,condition and rear the Pre mites end every part 'hereof I regardleto of whether the damaged par lion of the Premise'or the means of repairing she dune are assest,Ille 10 Tenant,. including. itho•s limiting the generality 01 the foregoing,all ql rjhijg,fe.a/ings 4 t/dpip/hid j../ntraljtq.Ftej.;(I „dfl�gjri,jl ltirj,e+/ ye e51„jdhfr tfe f,ejihjr,f„frej hjurjerfva/'.loilfig?n. a turf,dforj.tllalj glj+t,6-10,1il,n/iefalall 1thfn tfetarfha! Ialtvdeavar{+.'an, soaping,driveways.parking Iota,lenses end tigni loured In the Octal which tee adjacent to end Included with the Premise'.The Tenant don have sun I lot days idler Ropanre of the premises to determine that alt of the mloresiId items ire In mod order,condition and Icon h. IhI 'if lenanI fail,to pedorm Tenant's ohligationt Under this Article 1.2,landlord may it Landlord,notion enter upon do Pdwnnn alter ten 1101 days Prim written notice to Tenant, and put the game in good order,condition and repair.and the cost thereof together will,interest thalami at the reie al ern fl 06i percent per annum shall be due and payable as addltIanel rent to landlord together with Tenants nest rental immllment. Itl On the last day el the term hereol,or on any sooner termination.Tenant,hell surrender the Prembet to Landlord in good condition. P oem clean, ordinary wear and tear excepted. Tenant shell repair any damage to the Premises occasioned by its use thereof or by the removal of its trade tie turet,Ivmithings and equipment Puns"'to"HI.7.0 Ic I,which repair shill Include but not be limited to the patching and filling a holes and repair,of'bumf.,damage.Tenant's failure to comply with the foregoing shall obligate firm to ply damages to the landlord at the tete of 150-%of me above monthly rem,' rare for each month or portion thereof until he rep 1 i+ns the landlord in es good condition et when be originally era inn,ordinary weer and tear excepted any equipment or facilities left at ter expration of this lease 8118143 beSprniaRr alOhlaNArivo[ the Landlord. fel Tenenr shalt not.without Landlord's pd or written consent,make any alter ahem.improvements or add•nom,in,on or ghoul the Premise',nowt for non'nurture!alterations not exceeding Si 000 in con.At a condi then to giving such consent.Landlord ion triune that Tenant agree to re y filch alterations,Improvements.additions or utility Installation,el the expiration o1 the term,and to restore the Premises to the', prim condition.m Ibl Before commencing any work eelating to alter edone,additions end improvements affecting the Premitn.Tenant shall notify landlord , writing of the expected date of commencement thereof.Landlord shall then have the right at any time and Irmo time to time to post and rneinuin on the Premixes such n as Landlordnreatanebty deems net emry to protect the Premises and Landlord Nom mechanics liens,m,,,,,Imerel lien or any o ther liens.In any event,Tenant droll pay,when due,ell claims lot labor or mnen d s furnished to or ler Tenant O w Ins use to me Premises Tenant shall not permit any mechanics'or vterlelmen's liens to be levied against the Premises for my labor or materiel lumlthed to Tenant an clanged to have hears lurnisbed to Tenant or to Tenant's agents or tonic Iota In connection with work of my character performed or claimed to have been Warmed nn the Premises by or at the direction of Tenant. Ici laden Landlord requires their removal,as set forth in Article I ilal,all alterations.improvement',or addition' which may be made an the Pternifet shall become the property of Landlord and remain upon and be surrendered with the Premises al the expiration of-the ohm. ftmv.•Ih standing the rvo.isinnt of shit Article 1.TIcl,Tenant's machinery,equipment.and trade fixtures.other than that witch is alM1.ed in the Pteenitn so that It cannot be removed without material damage to the Premises,shell remain the property p1 T and may be removed by Tenant subject to the pro- visions of Al tide 7.21c 1. B. INSURANCE:INDEMNITY. 8.1 lbbility Imu•mce. Tenenflhdt,at Tenent'I expense,obtain and keep In force during the term of this lease a policy el canm,eteentive public liability insurance insuring Landlord and Tenant against any liability ceiling out of the ownership,site.occupancy or maintenance Of the Pr emi its and all area'anpunvant d•e,a to.Such insurance than be In en amount of not less than 8300,000 toe Inlet y to or death of one person in any one accedes or occurrence and b amount of not less than 5500,000 for Injury to or death of more than one pert on in-any one accident or occurrence.Such na ere flail further inure Landlord and Tenant againtI liability for property damage of at lean$50,000.The limits of said insurance shall nol,however. 'omit the liability of Tenant hereunder. In the event that the Premises constitute a part ol a larger Properly said insurance shall lave a Landlords Pia teeiv• liability ender amen)attached thereto.II Tenant mill till-o procure and maintain said Insurance Landlord may,bat shall not be required to, procure and mainain the run.,but at the expense of Tenant. 8.2 pmP sly Insionnee. L.mdloed shall obtain and keep in force during the term of this Lease a policy or policies of imiance covering lap or damage to mePremile+,in ds-arnounI of the lull replacement value thereof,providing protection against all perils included within the dmd'icanon of l ire.extended coverage,vardalhm,malicious mishiel.Ind,pedal extended perils all raid.Tenant shell pay during the term hereof.Imndditi an to ant, the amount el my Incrtea in pentium.for the imurence required under!hit Article a 2,whether Such premium Inveue shell be the result ol t Increatd he nurtureof tenant's occupInq,a c act or*minion of Tenant.requirements of the holder of a mortgage or deed of trust covering the Premises,or valunlon of the Premiss+.all/12th of the Tenant's pro eats share ol the annual Increase will be added lathe monthly rent upon receipt of the Landlor d'I written comment setting forth the emoum al such Inane end the commit ellen thereof.}II the insurance policies maintel ned hereunder cover odor Improvements Inredd'dion to-the Premise.,Landlord shall clip deliver to Tenant a Nommen,of the amount of ouch Increase Hvibuteble to the Prem ireI -and thawing In reasonable deail the manner In which loch amount wit competed. 6.7 frnurence policies. Insurance reouired hereunder shall be in companies rated At AAA or boner in"Best's Insurance Guide".Tenant mall deliver In landlord,prior in mrnesion,copies of policies of liability Influence required under Paragraph B.1 or certilrtale evidencing the erntence and amotents of such insurance with lots payable dames satisfactory to landlord.No such policy shillire cancellable or mulct)to teduainn al coverage or other modification< ceps alter ten 1181 days prior written notice to Landlord,Tenant shell.within ten 1101 days prior to the eepirelion of such mollcin, furnish landlord with renewals thereof,nr landlord may order such neat ance-end charge the-call thereof to Tenant.which,amount shall be payable be Tiant upon demand,Tenant'hall not do or permit to he done anything which shall Invalidste the insurance policies referred to in Article B.2. B.I Waiver of Subrogation. Tenant and landlord each wolves any and ell right.ol recovery against the ether,or ega,mt the&lice's,employee', agent. and repre+enatives of the ether, !or lots of oe damage 10-loch waiving pasty or ID property or the property al others under in control.who' loch lots oe damage is insured agairnt under any insurance policy In Imo at the time of such loss s or,damage.tenant and Landlord shall,upon obamnmg (neuronal,modemthe policies of insurance required hereunder.give notice to the(neuremodemthat the lore of l waive of subrogation is contained in dm lent. 8.5 Hold Harmless. Tenant shell Indemnify.defend end fiold landlord harmtett horn any end all Maims arising from Tenant''me of the P'em- Des r from the conduct pi is bminete or loom any activity,woek of things which may be permitted or stiller d by Tenant In or about the Prensim and thin foram'Indemnify.dale nd'and hold Landlord hdrmleit Iron end against any and ell claims arising from any breach or default in the perlmmance of any obligation on Teranlo pan to be performed under the provlfipn of this Leyte or wising hem any negligence of tenant or any of'if agenii,con- tractors,employee+or and front any and MI cons.goof nevi lees,expose.and liabilities incurred in the detente el any lush claim or any action Si pilot ceding bi ought ht erenn.Tenant hereby attumet all rick of damage to property or injury to persons in or about the Premise{from any caul:and Tenant hereby waives all claims in reeect thereof against Landlord.excepting where said damage arises out of negligence of Landlord. II 8 Ee,n,ptien of Landlord horn liability. Tenant hereby agate.that Landlord til not be liable for Injury to Tenant's,byline's or r any lot,other f ▪ me therefrom or lot damage to the goads,wares.merchandise or other properly of Tenant,Tenant's employees.invitee'.c r any person In or about the Pie miter:nor,unless through to negligence,thetl landlord be liable for Injury to the pion of Tenant.Tenant's employee'.agents or canteacl wt-add invireet.whether such damage or injury Is caned by or remit from lire,steam.electricity,gal,weer Or ran,Or Iran,the breakage. leakage. ohsI uction 0, mho detects&l pipet tam in kle rs,whet.•appliance,plumbing. sir conditioning or lighting fixtures,or limn any other cause, whether the said damage or injury results from conditions arising upon the Premise or upon other portions of the building nl which thr Pr em itet are e ▪ ea from other source'or place',and regardlea of whether the reuse of such damage or Injury or the meant of repairing the tame is Inacconible to landlord or Tenant. landlord shall not be liable toe sny damages sating from any act or neglect of any ether teem,,If any,of the buildingf g i any n which the Premises fee located. ;PAGE 2—STANDARD! I.7 • 9. BUSINESS'NI EP?UPI ION,DAMAGE O0 DESTRUCTION 9,1 In the event the Premises or the Building of which the same area part ate damaged by lit Mimi'homedvsonlly end the in m a- rrds have been made available therein,by the holder or holden of any mortgages or deeds of bust court r ing the Premise:,or the property of n.bidt the sane pre a pmt, rte!damage shall be repaired by and el the expense of lendlard to the Intent of ouch Intu•nn CO proceeds available Owner.era nit,., such reeds ten. In landlord3 tote opinion,by node within sixty IGO?deers,filer the occurrencnof such damage without the-Payment bf Oct ante n other -premiums, and omit ti d, tombs one roehple and, the gent shall be abated In proportion to the part of the Premises which Is'mumble by tenant in the conduct of it business Pon there shall ben abatement of rent by lesson of any portion of the Premises being unusable for a period moral to one 111 day -or less1landlord's theore damage is due In within tin tl or no of tenant or Its employees,agents or Invitees,there shell be no alimemenl of renptt repairs cannot.it landlord's tee opinion lac made within sixty 1601 days,landlord may el its option make them within a ruble to end in such event,this rennet nn Jeri adow hit t linty ono ode rent en,h ei be epamti mneday,in the tten nN oil,pother N ned loN Jots nn tfmheteneli make ccu repel n riurh age A continue total within Boo IL01 Build,then Mich partyP mraise by, cate ut the ically,cancel nets Nate t of the date of-the occurrence pl iueF damage A destruction of the Building in which the Premises rte located shall automatically urnminne this beau.91 Excers nt Inovidod in this Article,there shell be no elaement of rent and no liability of landlord by reason of any in injury to or interlerence with terms('bpi m mMolterternborning born the making of any repels,dictation,or improvements in or to env portion of the oWe nrv.•n•t on M 0110 fin lures,opines It Pencil end equipment terein.Tenon uncle/Ninth that landlord will not corny Insistence OI any kind o rmrtf I'rnip.re m•d totishings or on any ID tore s or etluipnenl removable by tenant under the provisions of this lease,end that landlord shall not be obfigaed to repair any damage'henna or repl:e a shene.Landlord shall not be regained-to repel?any Injury or damage by Tire or other teoea or to make any repairs or replace- ments of Info Ott m not bitteli Nine. Premier by or for Tenant. , 9.] Vs /iv/ae/lens/opt ljthpftji /wt/eh/fir/d$Fnigl•d/'r/nif/r/eJbdf q/1/y gt qI 19 Iq/}.' /{,/.n/adna/IdrJmr/]�1/dy./IAh• clot/et/tor/i r/rn/Frilen/,t/rte/rr/m/v Oeci Ice/mi/et/11//1Ito/,./h.Ale/n�dim'edf rpfi'iAit tie,its ell br cat.In the a errs el any trnmme bnv.sen landlord end tenant relative in the provitionl of this paragraph, they shell each select an leblbntor,the Iwo arbietols so selected'hall select a third arbitrator end the three erbibaron so Selected Men hear end determine the controversy end their decision thereon shall be final and bitdi g upon Doh landlord and tensing,who shall bear the toil el such arbitration eauelly between them. 10. neAI PROPERTY TAXES. Efver the first years amount 10.1 Paymrn a1 Tox Increase, landlord shall pay all reel property tan,applicable to the Pemrrr provided,however,that Tenant shall pay,in addition to ran,the-a,n oten,it any,hy which real properly Mon aoplleab itemise,to the Melte"dining ll ding the period of this lemma ltls .Oneawel II/17th) of the Tenant's pro ra n-chore of the minuet Increase will be added to the monthly rent upon receipt of Landlord's written statement setting -forth the amount punch innrcte and the computation thereof. 10.] OanrJ'nn ill"red Property"Tani. As used herein,the term"real property tax"than include any form of',moment,Se on e ne Ns, hest -lox,levy.penalty,or tan lather than inheritance or estate taxed.Imposed 1'y any authority lowing the direct or indirect power tn a lnctuJ•nq aty r. m espy,spare or loNsal Ir vrrnrornl ny helms egrletrinnnt,lighting,drains or other Improvement district thereof,et alai r'a a trod nr rrnrirar ie interest .v or of I Ninut in the Penile'or m the real ptopeety of which-the Premises area nut,at against Landlord's right to rent n r.n Other 'tlerenoas @gainst Outpour hommr of bating the Premises,and Tenant shell pay any end all charge,end lees which may be imposed byte En.PA us other e similar government regulation,or atrrenriliet. Ill.] lnbt Aaettnr m. N she Premises ere not epos eely assessed.Tenant's liability shall be an equitable proportion al the teal Property lt ^ no ail al lire tend and improvement,included within the ex parcel @sened,such proportion to be determined by Lndloed limn Oe-ootpecsioe vataotorn signed in tine amt ter work them or such ashen Informa lion at may be reasonably available,?androids reason,be determination thereof. oa in gd faith,shell be conclusive+ -10.4 Per-loner Property Taxes. pal Tennm shall any prim to delinquency all taxes atoned against and levied upon trade fixwret,furnishings.equipment"nit all other personal p non nv of tenant emit aired in the Premise,or elfewhee.Tenant shall cause said trade fixtures,furnishings,equipment trot all onirt Per tonal property to Ile nrett rho and billed separately hornthe real property of Landlord. 16) If;OW Of Tenwul'tds personal property shall he tinted with Landlord,reel properly. Tenant shall pay t dm lanes sun butablcl0 Tenant within ten I10)days after receipt of a written netemens setting forth the lean-applicable to Tenant'proper ter. 10.5 Notwithstanding the provisions of Aside 10 hereinnbo•e,Tenant shall pay any increase in"real property taxes"retuainq Inner any at all m•nravememt el ally Frt.t winntoe.v-olncel on or in she Premises for the benefit of or at the reuet of Tenant reaadlese of whether said bnnrove,nnns were Installed pr constructed either by Landlord or Tenant.except those items included with the original Pr enliuf. as Bet forth in let year of this lease term. 11. COMMON AIEns. 1Men,in fact,sere are Common Areas,then the following hdi apply: easements S rights of way for , r: ngress egrets I t.l Oenrdt ver. The phrase"Common Areal'mean,ell Bens and facilities outside the Premises that Ire provided end detignated Ion roost and nonverdean ce of Tenant ti outer.t nn aaJ their ttpettive bllicen in ,agents end employees,customers,and invitees,Common Areas include m 14 era to not limited t redohien title tinlfi^lenda,ped-mat,roadways,parking Neat and railroad tracks,II any,eendlmd get erves the sighs from tune to lint to snake flurei nr the shape,tine,location,number,and extent of the-land end Improvements constituting the Common Are Rt.Landlord may denn gne from time to tine additional parcels of lend lot Use al a pall thereof:And any additional lend So designated by?andlord lot such the than inc included until sad,drtignaliin is revoked by Landlord, adjoining tenant It.? Maintenance During the term of this Lease, .Tht r/shall onenta,menage,and maintain she Common Areas so that they are dean and Tree from tcanmla tout of(trims,filth,rubbish,and garbagee.The manner in which such Common Areas that be so maintained,and the enpennituret for such ea inlearce, that he al the foie dilcre limn 01 Landlord, end the one of the Common Areal shall hat-eublont to Ruch reasonable'regisl linns ail mangos therein al L:mCrmd shell male horn time to lime,including?but not by way of pinion nl the tight to close From time to lvhe,it necessary,air or any entrees of the comnmoo Artat to such extent es may be legally sulficienL L,the opinion of Landlord',counsel to pevenl a dedication thrice,tin the accrual of right'of any pman or of lute public 1 ,or to aloe lemportify=ell or any Ow lion of such Common Areas Ion such nntpums. I1,] Tenwnlo theists and Obligations. Landlord hereby grants Its Tenant,during the term of this tease, the license to use,for the benefit of Tenant and its col firm s,agent',wnployee',customers,end Invitees,in common with the ether,entitled to such vie,the Common Areas at ditty thanes li rh to time cost,'anon to,be natio.rawest,end privileges herein t,vved to Landlord.Sloe:To,tithe,permanent nr temporary,o,any materials,nmpliel er equipment in the Com•nan/Meal is strictly prohibited,Should Tenant violate this provision al the Lease.then in sucq event,lennitond may,el hi'option nrher n rmrnee this Leine withouto,without n01ie to Tenant,r remove said materiels,supplies or hum om the Con an Common Areas d place inch a r. n storage.the toil Memo,in he reimbursed by Tenant within en(101 rays from receipt of a statement submitted by Landlord.All adornment c e n eon i n<ri n with the storage v1 lent item t 'than be paid 10 Landlord by Tenant , accrued Eature el Tenant no pay these(liven(livenwithin r nm 001 days Irnh to of tlatenhent Matt cans,h tu,n ese,a breach of this Le Tenant and Its ellirer,.ege customers l',employees,cut orr and invitees'than park,then,morns v m vt`cles only in ete del tned by Landlord for Ina:rummy bom time to time.Wilton live ISI day,alter teuuest from handlmd,Tenant Jhail Immo, to l andlard a list of she license numbers-assigned to it motor vehicles,end those of In°liters,agcmo and employees.Tenant than not at any lire pare or permit the pat king of motor vehicle',belonging to it or in others,so.at to Inler!ete with the pedestrian sidewalks,roadways,and loading arta,.of to any portion of the fartine arras rml designed by Landlord for such use lay Tenant.Tenant agrees that'ertivin9 nod shipping al goods and mereliari rte and -di removal al mime dull he made Only hy way of the loading set connauting pan of the Premise,.tenant shall repair,at its coot,all de leomrauen'on damages to Me Common Areal,occasioned by it lack of ordinary are, 11.4 Construction. Lan-omit while engaged constructing improvements or making nosh,or attention, h in or about e Premises or in Writ vicinity.shall have the Lan-omitt to make reateneble use of the Common Non, (PAGE]-STANDAROI g - -_._ 870:1 1 • 12. UTILITIES. Tenon, to,all wale.,gat,heat,light,power,telephone and other utilities ervthei tupnlied to the PrenaM1u aogr'h•r with any aa.n thereon.II any sir, ere not tepanvly metered to Tenant.Tenant man pay a reasonable promos ion en he determined lay tmdlo.d Ol e➢cheegea ini,nly mneaed with other premises. 13. ASSIGNel ENT AND SUtLETTING. ' 1].I lerallmda Content Required. Tenant than not voluntarily or by',filtration Of law a ugn,tenth,,mortgage,sublet,or od.e,vmr• n. r encumber ail or any part pt, Tenanl'a Inlerin In this Lease or In the Premises without landlord't prior written content,,,h,,h I.andlord J,all this unreasonably withhold Any attempted ntlgnment, tranaler, mortgage, encumbrance, a aublelhng without such consent a'mall be void and I. r 0ontz r a moors,of the Leath merge,.Any translee o1 Tenant's Interest in this Lease or in the Premises from Tenant by erg,'e n,ontolid,lio 0'fitnntbittn. by any aubmpuent change in late ownership Of thirty Il0%1 percent or more o1 the capital flock ol Tenant shaft be nonmed a°eoldbned nngnm.en• w.ilhin the meaning ni this At rifle It,. 1]] Ito-0eleasa of Tenant. Ilegardleta of Landlord's consent,no subletting o,assignment mall release Tenant of TenanYl ohtiVIPOn 10 flit,'✓', rent end to perform all other obligations to toe per Formed by Tenant hereunder be the term of this lent The a cepnnce of tent by Landlord Iron a other orison pull not be deemed to be n er by landlord of any n,oviaion hereof. Consent to one assignmentnr tnhlenng thrill not be dv„•ra content to any tome pant n dgnment or subletting. I]] Anit"it:rid rot In the event that Landlord shall consent to a sublease or otignment tinder Article 11.1, Tenant shall pay landlord teatonable feet not to exceed One Hundred and no/loam 15100001 Data,,a incurred in connection with owing such cons.:.. 10, DEFAULT:NEbIEDIES 10.1 In One,,nt of any material breach of the tease by tenant,then landlord besides outer rights or remedies he may have,shall have to immediate fight ol re-entry end may move ill;Imam and P� /fie Iy If 7 the premiaen such property may be removed and'toted in any odor place yet Isle yair/a y rn y/rhiyln yin yle,ylia a ones/ise/ae I/W.4d o/ln/'n`°the/pricer lot the eccolml of and at the'aortae and at the flak of Tenant.Tenant hereby,',twat ell clalnn for damages which tray be caused by the te-envy of landlord and taking nonunion of the demised premise.nr removing or inn :erlue/dhie jneypi foe/tv at herein provided,and will lave landlord harmlel from any lots,costa or damage,ocraaioned landlord threabyy.and no such try dull Ire conildered or construed to be a forcible entry, any ten nt s II.? Should landlord elect to reenter,-et herein provided,or should he take noatation pursuant to legal proavdinga any a,or punu:rm m provided for by Inv,he may either terming',this lease or be may Irom time to time,without terminating Chit lease,re-let said Eremites or any pan thereof for Itch term or tenni and at such rental or m mayental,and upon such other ter end conditions at landlord In hit ante discretion may Mn,e advinbtt with the right to anake alterations and repairs to said Eternises.(Innate received by!attained front such releflin shall be lied. riot, m g app ird 1 the Payment of any indecon of eny punt than rent,due hereunder the from m tenant to landlord; to the payment of any toes of er;a d Jeering;due,i to the selLe held die fuel of eny Alteration] ens repairs to toe Premise; toroth.to the payment of rent due and hereunder.Should and the residue,if any mill Le held by during landlord and implied in payment of agreed tent ea the damn may become due end payable ru der.them. ennuis all pay such reCNyed y Such ref such any month slat than that agreed to be paid during!hit month by tenant hereunder.Then tenant shall such deficiency to landlord.such tlelbbnry mall be calculated and paid monthly. to] No such,re envy or taking nonunion of said Premiere by landlord Shan be combuedaran election on his part to terminate slid Irate odes a written nntire of such Intention be given to tenant or unlal the termination thereof be decreed by a court of competent jurisdiction.Ito brim ending any web re letting Vii shout termination.landlotd may at eny lime thereafter elect to terminate this lease lot such pre,,itut breach.Should landlord at any lime terminate the lease for any breach,in addition to eny other remedy he may have,he may recover hom tenant all damages be may incur by tenon of such breach,including the cost Eel recovering the Premises,and includingllle worth et the time of such termination of the excess,IF any.of the amount of rent.nerved Ira wit lean for the remainder of the stated term over the then reasonable rental value of the Premises for the remainder of the stated term 14 4 Should the tenant be in default by virtue of hit tenure to pay rental Installments as earlier provided for and should the landlord tiara to proceed under time forcible entry end detainer statutes and punt/ant thereto tender to the tenant a three day demand for payment al rent or pot¢seiun at la tailed for In mid Incible entry and detainer tat total,theta In no event should the tenant,If he elecst to surrender pmteaion of the almnaid neernise a, be deemed to have been released horn the total obligation to pay tent for the lull term aloreteid,ralhs,said election by the tenant to mrreader ponnGon ol the Eremite+pet man.la raid three-day notice will be deemed and anent by the tenant that the Inndlord may retake possession without terminating t,h lease end re let said Eternises o any part thereof Ior tech term or terrnt and al such feral or rentals and upon such other term and conliai,na at the lamb lord in his tole discretion may doem advisable,end mid vacation of the Eremites by tenant will be at his liability end with the taprest uadertan di''that rental foe the lull team will nevertheless be due subject to ouch mitigation as the landlord may Incur by virtue of his re letting,it any. to 5 Lan Clinger.Tenant hereby acknowledges that late payment by Tenant to Landlord of run end other tunit due hereunder will cause Land- lord to incur cnu arm contemplated by 1101 lease,the exact amount of which will be eybeanely dlflieull lo ascertain.Such cons include.but ere mil limited In,pr aerating and a¢ountlng charges,end late charges which may be imnmed on Landlord by the seams of any mortgage or Iron deal covering the Eternises.Acco,(tingly.it eny Installment pt,-rent or any other sum doe from Tenant shall not be received by landlord nr Landlord's detig,ae within ten 1101 days alter that said-amount is due,the Tenant that,pay to Landlord a lac charge equal to ten Ito%I percent of such overdue amount.The parch hereby agree that loch late charge repretern,a lair and reasonable estimate of the cost landlord will incur by ranaon of late payment by Tc'an'at ACM,- lance of loch late chair by landlord-shall In no event coat ti lute a waiver of Tenenit default with rnpeel to such overdue amount,nor Prevent Unction, from exercising any of the other rlgrro and run edict granted hereunder. le 6 Abandoned Property.Pursuant to the terms of 191]CA.5.10.10.116 III 121 the parties to this-ogreenenl acknowledge that d.r landlord may presume that the personal property of the tenant at the sublet Peemtea will be'returned to be abandoned it the turner of uirtnronealv lmr fail sal to contact the landlord for a period of not less than thirty 1101 days subsequent to the tenant's vecoting the ruble.'Premises anal informing IIte ar,,, In the alternative that laid property It in fact not abandoned.In the event that laid property Is abandoned,et least fifteen 1151 days prior le the RM,g or oaherwiae?npusit'a of said abandoned property,the landlord will notify the tenant in writing at the address relerred to'at subject Ponds...mole ybg the tenant of d.e nrnnmed manner and date of disposition ol.eald property.Said notification man be by registered or certified nail,retorn receipt r•• queued directed In be signed by the tenant only.If laid nodticalion mall be returned unsigned or unclaimed,inn the landlord will outdid,at lean our day in a newonmer in the County In which the rublecl propene Is located et least thirty 1301 days print to said sale date a notice so the Public and enam notifying all tar lilt n1 the panpoted.tanner end dale of disposition.All proceeds will lireI be applied many monies fur unpaid real or any Other obligation that the tenant rnny have an to landlord.Including court warp and attorney't feet and COM of publicetiomemi any erects will be held at the office of pet landlord for the man's use end dlmmitian,subject,however,to being contacted by the tentni making a claim far said monies,if any. IS. CONDE a1NATI ON. II the Premises o, any portion thereof tie taken under the power of eminent domain.or told by Landlord under v.e threat of the ethicith of laid lmwrr fall of which It herein referred to as-condemnatnn"y,this Lease'hall R bitten inane al ha the part to k th en as of e dolt the a enndemorn,audmaily ukn title at no nun ion,whichever occur blot,II more than'wenty'lire 1]55%1 percent of the floor vex oI any bnifdi,gt no rtv Premises,nr yore a.re than rnlrfine 115%1 percent nt the land et ea of the Eremites not Covered wire buih!Inga,if taken by cnaJvanaliaa,eit¢r Lnmllon or Tenant nay Inu,.,.are that beate a of she date the condemning authority tykes°insertion by notice in wdb.0 of wet election anion h,.nty Lal 'lays alter 1 andfmhl',Till have notified Tenant of the taking or,in the absence of such nonce, hone within twenty 1201 days alter the condemning tutmmny shall have tale.nonndon. 11 th,, Lease it r t terminated by either landlord or Tenant then it shall remain in lull lotto and ellectan to the potion of the Premises,ernaltdni, provided tae tenor shall be reduced in proportion to the 'loot area of the buildings taken within the Premises-at heart to the total floor a:ea of all buildings located on 'he Premiss,. In the a ant this Lease Is no so terminated than t,anclerd agrees,at L.andlo,d'a tote con, ,noel, -9oatibt[rotor! Prentice,IhrPrentice,Prentice,t plete unit of like quality and character as eaialed prior to thecondemnation.All a. adsfarr the h soon of ally pi -of the Prenum a arty payment' nmmade under the threat nl the av ol pot el eminent domain shall be the properly of Lentla whe ther flamer male at compensation for diminution ol value of the leasehold or for the taking ol the fee nr as teverance damages;provided,however,that Tenant than Id entitled to any award tar lost of or damage to Tenant's trade It,enures and removable Person at properly. IS. GENERAL PROVISIONS. 16.1 Offset Statement. !al tenant tall et arty tiny upon not lest than ten 1101 day('prior written notice From Landlord execute,acknowledge and deliver to landlord n gatemen,in writing lit,rerinying that this Leath it unmodified and in hall lathe and effect bet,if modified,stating the nature of audh nmAali, ration end:reifying thatIb'q Lease,at so pundilleth It In lull lone end epee!'and the date to which ibe rent,a rity deposit,-and other errors are paid In advance,II a anal lid acknowledging that there a not.to Tenant's knowledge.any uncured tlel:ndlt on the part of Landlord hereunder r tp•cilking -ouch delaWn.ifany,wh roe e claimed.Any loch J,n my y be conclusively Felled upon by any panapecrivepued.,to,n,encumbrancer of the Pm,n hete 11.1 Tenants la;lure to deliver ouch hutment within such time shall he conclusive upon Tenant Iii that 1hi,Teeth Is In full force and of leer. withuul n ndlicnhiou thisisisi as y be,ryre'ented by Landlord,hill that there-are no uncured d[buln In lenttnarl'a nerlormancr,and Iliil tm.ri not core than one III month's f ent bat bean paid in advance, It:-nE A—STANDAf- 1-O o.-101 r a eel II Lendtoed des. ,finance or refinance the Premila,or Any part muenf.Tenant hetet et,.,deliver to eny lender Aeiunnaled by Lnndlmd inch IinnndJ defense„es of lenient as may be rutnaldy required by web lender,Such unvmenu Jell Include the ran lute 131 years' ,hl lmem.All such financial mlemnu ihhll be received by Lunelord In conlid N!nce end all he weed only Inc the Wnnma ere,do set :el tl..lnry nu lop N( 1[r linen a 16.1 L indlmdl hew.+u.The re.n"Lnndlmd"a used herein shall mean only the owner or owners Al the lime In "tlino of the env rob Whom,i,Inns n a ground lee..col the Peenincu In IUe event of any Wanner of such oitee ter interest.landlord herein nerved land in en re -',queen Imerners'We then'Rental OAR be relieved Iron.and eller the date of such'render of all liability-at respect'Lendlnrds obligee .dTieal IKr to be palmated.provided Orel Any lunch in Orr Match of Landlord of the then g•nn or aI the lime pl rue"uannlee, which Te,mnl has an lowest.,'.all be -delivered in Me m rove.The nbligvi onlnb in'ed in thin Len to be peelomred lay Landlord shall,+oblem of aforesaid,be binding on Landlord,m ant • and esteem.Only during their raper ye period'of omne•l hip. alley the 10.3 Sevnelinity. the inveli dip of any provan of this Leese,as determined by•court of competent IutsdiNon,shat he no wan validity of any other Prpair inn 4er[nf. 104 Intense n Pero Dire Obligations. Eaernt at expressly herein provided,any amount due to Lendla,d nal pen when dne shall bear in tercel el lea 110%I,,errne pier annum from'he data due.Psymenl al such intern'shell nal entail of cure any default by Tenant under 1km Lease. 1GS lime el[strew,time it of the enlace. -166 Carton,Article end naregrenh captions ere mu a pan hecmf, 16.1 Incorporation of Prior Aereemm":Amendn,enu. this Lease contains ell Npremenu of the parcel with respect In arty mew,mrm.nt,ad Lorin,Nn prier a,nrentml er undentending pertaining to any'ash matter'hell be ellecnive.This Lease any be modified In writing only,ngnel by the pullet In interest et the fi'r'e ol'Me modilicalion, 16.8 Waiver.The waive'by lendlo,d of any breach of term,conve'nnt or condition herein contained Oienll not be deemed to Inn wetter vT+nth Tenn,eveant or condition ne arty other terns,nvennnl or condition herein contained.The nccenlnce of rent hereunder;hall nor be cote col tedrin be 3 nn,e of cow lnridT by tenant of any Tenn,covenant or condition of this leave,regardle„of landtorn'+tnowledge ol such breach nap r Pore o by row!! ol the tee I.It is nd...mod and agreed that the remedies herein given lip endlold'hall be cumulative,and the',wise of any o -llvll not be to the eacu,inn of any ether'candy, 169 Recording.Tenants shall not record Ibb tease,Any such recordation shall be a',teach under this Leese, 1 ould tenant,with landlord's-written come t,hold eve,after Ire termination of this leese,tenant Nall laconic a leaned ham 16.m Maldivet Over.5h nsuch holding front's In month only upon each f the of.he inns herein provided es may,be a pryc she winch h nmtbmo co tenancy end env n "'y shall net n.ielunuI ter terminated i ated of de peer,r wing such tenant holding ll have given tenant;hallandlord paw rent Al the highest monthly colt lent on for herein.Such the dare Tenancy Shall of termination of such monthly by tenancy old t'inmollon In terminate such tenancytllore a hand delivered well notice at lent one month prior to the rime 16.11 Cumul t'we Remedln.No remedy or election hereunder shall be deemed exclusive,but shall wherever possible,be camel a dun with ell wirer remedies et law or in eerie y. 16.11 Ceneua.trenel Condition..Earl provision of this Leese performable by Tenant shall be deemed both a covenant and a condition. 16.11 Binding Eller';Choice of Law.Sailing to any provision hereof renrlcting assignment or subletting by Tenant tend+uhittt To fie pro•I+,Ow of Article 16.2,this Lent,.,hall bin'I the panties.their personal fep,ruenulive,successors and'miens.This Leese shall be governed by the lawn of the oat, where he P,rrnhe+ere lncoled. 16.14 Snbo'dine Sion. orient hypothecation for lel 11,10 erase, t l.,mnmda option,shall be lubordinat n/,n?le/t[/mortgage,deed al hap.or any ec thereof and 1 dro nav or hereafter',herd'upon trt fee;properly of which the Nemeses re n pent en.)le my and ell advance.made h on the, urity t hoer n ell renewals. modellnlie.n.m.+olidle one.r!elacemenu and exlmniont thereof.Notwithstanding such nbodlnation,Tn nnh right to quiet pntnv imp .".' of the Premiers shall nnh be churn"d 1if Tenant if not in delimit and to lan9 Tenant shall ply h!rent and b+ and pal I of h piny. if intitr/n/y' n$1.4„S ilia le/I Ia.!itei rite y(( of this Ln:" itir l.h Lease t b., .rise Terminated eu node In in loom. rs ea4i„ au�,e�o t M1• n ,'T n, r I s e I e /'a, li ! tic n/ 1. 1•i'/. /,a/r/,edtr,P r n i,J. J°t din! cop a/g,pre./I l/ace/n./d'fry +ii�FnMJ /,n/a'll a dera n.�trinse orth lt' [/lie/.n�ill,npn,JogL , /tl./A JI l/nsJ n/mlmll IImJ,v/lie J,e/1h�this;is/da/[IJ/rv'�ir dr/J,b1lentp�.n)Jle/IM1r�le1E q�f(old�.m Ig�j , 1[ d t s f f '/f Jr../t/.g./rl/In/t./lilt y/IgEader 1i' 1(',A,ee II elledua/t Apt' VI, /n/d/n 6 / �r:�n Se"1;/r: r l Ill' 1Pi 1 bn,� Ile l e/ blllig11, tlJ /1i/t/ /6IG/6 /T / r�ela ei1d �„/rr/o/l JT qq y I / A . d�,/ /I,��I�r,�„�en�Ilo�J�1�n.�f�e�'r%v�0�/sa/hdln�enln'j nJne�nda/an�tlad/m loo 10.15 Attorney's Fen.1,h con ail shall he brought for an unlawful detainer of the said P,emira of,Ior the recovery nyeotdue vnlep¢n,a- nsions , of Oil hale,or became of the'breech ol any other covenant herein contained,on the pert ol tenant to be kept or performed,tenant eat pay to landlord ell feesoneble allooeyi fen,I"the event landlord prevail,in laid fi lion Jon. et ble time, or he eln th i hy {{ wartyllout 1.andto,dhe„Gic�agN zt shall Neve the right to enter any olleree,vice to be provided by landlord or tenant hereunder,l r.In show the n teetolprornecdve or inspecting the r ,e f o eeuilding,T ens a' tins of which hey ere prettiest'.l or worm,of the Building,end make such alterations.tenant'he le not Impsov[my pr nr d I n tons Ip d rm',i sn em ly Tnto the Ice Ju /' tin e a hen entry may dlan cot vrss oc dr peenni.eIleu 'hell nant be g4' /e e ro/+p4ydJ open it[Io�d l,/ without liability To Tenant en celp'Ins any when such entry by landlordcn,eie menu p or pry,end 4th hereunder.effecting landlord Ale Ie V month ol' substantially ta to exercise o Jll ten for teasel, .landordnmay ins mod efsely enter and'alter,drenovateeendleedeco.olle the term Prem ii el wiithhout[fminatio'or On m, meni Of all of its lunne,pNee tend h h ii dent pf real of enc Uelnoing h0 Tirr el to man for eny comp,nullber Landlord,during the mile term of to hete shell hive oil r M,upon rangy y 01 day"prior wduen nova To noon I.to change Pie name,number or emi9nallen o/the fJ,rillinJ I/Iffy the Premite I T tl wilM1oal IiebNity re lent. 16,11 Auctions.term'+La01 not place any auction sign upon the Premises or conduct eny auction thereon w:lhoot Lndlord+prior written consn . 16.18 Merger,The voluneley or MFel surrender of skis Leese by Tennnl,or I mutual cancellation thereof,shat not work t merger.and shall.et the cation col Landlord,tee mnale all or cow existing mbtenenc:es or may.at the option of Landlord.opnale es en assignment to Landlord of any or all of such sublenencie,. 16.19 Corporate Authority.I1 hennat it a corporation.each ineliyiduel executing this Lease ran behall of said corporation represent,end v.annrt, 'bet he Is duly authorized to eremite end deliver this tease on behalf of said corporation in accordance with dully adopted a.poo'endof thetPtl Pram,' ,'ral Directors of said connnllor on In accordance with the Bylaws of said contention.end that this atease is binding said co signing this Lease in accmdnnce with in terms. gg99n¢Tal 16.20 lndlnrd's lJ!bllily. If landlord h a J,l:lntl partnership,the liability of The partners of the Lnndlmd nurlunl la mil Leese Neu be limited In the enters ol the pann•nhip:and Tenant,Ili inter.;tort and assigns hereby waive ell fight to proceed ngeinn,any 0e Ike partner.,or me of lures.share- holden,or cordon of new ca,mmUIle PanMet of Landlord elcePl In 11,1 I'Tnt 0e their interest inthe pnetnenhlo.TheJurm nndlord', + ad in this Artiste,doll mean only lire owner mantis 01 the lime in question ol the fee tine of it jinert i a d,olnr/le.. e if lie Jrei's s.and in rho e.e„of e"r hauler of such site o "lit. andlord 1,r rein named land in cue of any subsequent winners the Olen teaeelnel shill be relieved from end apes it dare e ed that any funds In- or she then of nlor at Ihel lime of furl'veneer,in l oil liabelity [clf which tenant hat angation.Merrell ter to interest.shall be delivered to the grantee The obligations containedands of in his Lease ltolee nertom ed g,nngot visions,only during their rerpeclive period,of ownership. by Len 1671 shall,uo'hndlord In uhf,or .Allot Landlord's reememnend performed 9 ba pert ed 1611 ❑eau of Landlord cord Perform.All c wennul and agreement;finer per lmmen bycot sheen'uit o any of,,: 1m, n y.n,lerlth and rent,re.sued by hem Al tenant's node roll end entente and sum anut nay y other sri on s of rent.If the tenant shell err ,fail a pay Any sum 01 moneyc other be-lo oaM by hereunder,b o Joe fail tle per Formd coy,but Moll no be obligated t pen to be performed doa nddwithou(waiving or releasing thnite ant l,oe,foe nv Obligation, .hear tens thereof.malby she landlord,payment Ie ndtwJm so ol d b landlord mho any such saryninci or over lean any fiver ilM1Htee on the linens a rate m fhel made or pedv%1 d e in umhis fro provided All pans+o• oven;by me landlord shall lee lanytdr tontel costs the landlord together dement.end the tenant covelli Interest thereon at nants pay any such per centmm',end the ran hood Nell have I n tdC oan lemon t m roe lendlerdl me aeme right.and',merlin In me Of the nonpayment then'by the tonne n in On can of dr.mmu to Any right Or en y by,Fe enml n m<plymenl al the hen'. • (PAGES—STANDARDI 1.1 -_ 1y,A.,q can 7 IT. renrOnldnrCE POW .sty Gmf Tenant ei art,detires to or Is required to mr'e any repairduns.adJ:Yonl,i,nr,o.vou.0 Or uraly miNltal:nn 'hereon. cortuam lee 7.5 or 9.2 herein, or olherwire, landlord may ei his sole op :wire Tenant,et ?enanll tole rote a^d expense. In cerium and pronirle in .dlord a lien and completion bond in an amount equal to m and o, +last It LI time,the aeimaed cost or mrl, Improvements,to insure landlord against liability foe methanlee ono mate.bimen'I liana and to Insure a completion of the world IS. DRONERS. the panic hereto achnpwleJge that • _ are the real ware e brokers that represented the pantie.hit si than n,and at no puree commi reigns re due to any probers who nosvee,other than pte above named hrntaa. a IS. -NOTICE • 19.I Any nntice from the landlord to the morel or Nom the tenon'to the landlord shall be deemed duly served if mailed by registered or crud lied mall rvilh return receipt respelled and received.addressed to lire tenant at told peemloes,whether or not tenant has de par IT hem neared ar abandoned the rrernben,or in Ore landlord of the place from time to time established for the payment of rent and the con tornaty registered or certilred mail rrceiot shall be conclusive evidence al such service, 20. An iignt must meet applicable sign codes end mutt be aopro•ed by the landlord. To lendtmd at, . To Tenant at • • . • The panic,hereto have execmed this Lease at the place and on the dares specified Immediately adjacent to their m peclive.Lgnaruret. Executed en_ on 0y By "L ANOLOIO' E.ecued at__ _. on By• — TENANT" Ir Tliif Lem hat been Idled in it has been in snared for submission to your attorney lot hi.-eoproval.Na repretentolien or rerornnterulalion In made be the real mate bro%V or its-agents 0. employee. as to the legal lullieienc y.legal ti feel.or tan consequences ci this Lease or lame transaction',Wins (WAGE B—STANDARD) I-7 ■RT'^'}assn-!._.... ( .,T t9mrtrr^+T1wW^.'Y.wn"^�t' :.•w�--_..- --.. _.___._ PL0107 870180 PLEASE SEE ORIGINAL FILE FOR PHOTOS Hello