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HomeMy WebLinkAbout860394.tiff RESOLUTION RE: APPROVE PLOWING PERMIT NO. 86-1 AND COLLATERAL AND AUTHORIZE CHAIRMAN TO SIGN - MIKE CERVI, DBA C&R RANCH, al O N U WHEREAS, the Board of County Commissioners of Weld County, rq oo Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the W affairs of Weld County, Colorado, and o0 C4 tn- WHEREAS , Mike Cervi , dba C&R Ranch, desires to obtain a z Plowing Permit to cultivate certain grasslands as described in o Exhibit A, attached hereto and incorporated herein by reference , o ww and in ▪ w 1/40ix WHEREAS, pursuant to Ordinance #108-A, Mr. Cervi has submitted proof of collateral in the form of a Restoration Bond in 1/4° 4 the total amount of $42 , 300 . 00 and all other pertinent documents CO necessary for the issuance of a Plowing Permit, and Nz H H 0 c WHEREAS, Mr. Cervi also submitted the required permit fee in the total amount of $371 . 00 , and Ho M w WHEREAS, after finding said documents in order, the Board N z deems it appropriate to approve the issuance of a Plowing Permit o to Mr. Cervi for those grasslands described in the approved Soil a Conservation Plan, a copy of which is attached hereto and incorporated herein by reference. H GP rnGP H NOW, THEREFORE, BE IT RESOLVED by the Board of County H N Commissioners of Weld County, Colorado, that Plowing Permit No. w 86-1 be , and hereby is , issued to Mike Cervi , dba C&R Ranch. BE IT FURTHER RESOLVED by the Board that the collateral, in the amount of $42 , 300 . 00 be , and hereby is , accepted. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Plowing Permit. ��fr/0/0 /Cf e�. C./% U 5 Gf _it 860394 Page 2 RE: PLOWING PERMIT - CERVI The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of April, A.D. , 1986 . �) BOARD OF COUNTY COMMISSIONERS ATTEST:,, .-w. '2cckeio/Av WELD COUNTY, COLORADO Weld f 1e and Recorder EXCUSED and C '- toathel:Boar ]auel2? Chasrman L o-Tem „ y C my C rk APPROVED PTO FORM: e R. Brantnne�r��y 7 C.W. Kirby / / d �1 County At orney // �-6 Frank Yama chi B 1119 REC 02060911 07/15/86 16: 50 $0.00 16/029 F 2148 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 860394 ORDINANCE NO. 108-A PERMIT NO. R6-1 PERMIT FOR PLOWING GRASSLAND APPLICANT NAME: C & R Ranch Co. By : Mike Cervi , Secretary and authorized agent ADDRESS : P. O. Box 169, Sterling, CO 80750 LEGAL DESCRIPTION OF GRASSLAND (S) TO BE CULTIVATED: See Exhibit "A" attached hereto and made a part hereof by reference. ATTACH FOLLOWING: APPROVED SOIL CONSERVATION PLAN, ALL MAPS AS REQUIRED BY ORDINANCE 108-A, AND PROOF OF OWNERSHIP OF GRASSLAND (S) OR, IF LEASED, PROOF OF AUTHORITY TO CULTIVATE. PERMIT FEE: $24.0 . 00 for the first 100 acres = $240 . 00 10t per acre thereafter = 131 . 00 Total = 371 . 00 COLLATERAL: (Must be in the sum of $30 . 00 per acre. ) Approved by the Board in the sum of $ 42, 300 . 00 • PERMIT AND COLLATERAL APPROVED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO ON THE DAY OF , 1986. Landowner or Lessee By: ti C ��- air n DATE: April 17 , 1986 ATTEST: Lt7"F Weld County leric and Recorder and Clerk to the Board SEAL erYJ</gt-0 Q: ep ty County C er This Permit is issued pursuant to Ordinance No. 108-A adopted by the Weld County Board of County Commissioners on March 11 , 1986 , and requiring the issuance of permits for the plowout and cultivation of grassland (s) . Pursuant to said Ordinance, the Permittee is required to follow a conservation plan approved by the local Conversation District Board , must pay all applicable fees pursuant to Ordinance 142 , and must submit collateral in an amount as set by Ordinance 142 . Said collateral must be approved by the Board prior to the issuance of this Permit. B 1119 REC 02060911 07/15/86 16: 50 $0. 00 1/029 F 2133 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO PURPORTED COPY Rev 4/1/86 EXHIBIT "A" Field No. 1: 220 acres in Section 1, Township Ten (10) North, Range Fifty-six (56) West; Field No. 3: 1,010 acres in Sections 13, 14, 23 and 24 in Township Ten (10) North, Range Fifty-six (56) West; and Field No. 5: 180 acres in Section 22 and 27, Township Ten (10) North, Range Fifty-six (56) West. All such grasslands are more specifically described in the maps attached to the Soil Conservation Service Soil and Water Conservation Plan. fc t United States Soil Department of Conservation 60 South 27th Avenue Brighton,hton CO 80601 659-7004 / Agriculture Service 9 April 14, 1986 C & R Ranch Co. c/o Mike Cervi Box 169 Sterling, CO 80751 Dear Mr. Cervi : Enclosed, please find a copy of the conservation plan and soils map for your ranch in northern Weld County. The field boundary lines on the plan map are approximate. I tried to stay with the better soils. In breaking these out, I would recommend staying off of the slopes and stay in the lower, flatter areas. If there are small , isolated areas of limestone or rock outcroppings, I would not disturb these areas. I would also reco- mmend blocking field 3 into 100-200 acre subfields. Staggering these fields as you have done elsewhere on your ranch would probably be a good idea. If this field should start to show signs of wind erosion, a system of windstrips 20-30 rods wide should be installed. Fields 1 and 5 can be farmed in their entirety. A good conservation tillage system using subsurface tillage equipment (blades, rodweeders and chisels) should be practiced. By keeping the re- sidues on the soil surface, erosion should be kept to a minimum. I have also enclosed a soil survey map. Reference to the map symbols, etc can be found in "Soil Survey of Weld County Colorado, northern part." I am enclosing a copy for your reference. If you need additional information, please feel free to give me a call . S iocerely, Lim . N man J. Walls, Jr. Soil Conservationist 4 U.S. DEPARTMENT OF AGRICULTURE SCS-CPA-68 SOIL CONSERVATION SERVICE 1-82 RECORD OF COOPERATORS DECISIONS AND PROGRESS IN APPLICATION PLANNED APPLIED FIELD MONTH LAND USE AND TREATMENT NO. AMOUNT YEAR AND YEAR NON- IRRIGATED CROPLAND Fields 1 ,3 and 5 1 ,3, 5 1410 Ac Annually CONSERVATION CROPPING SYSTEM: A -wheat fallow rotation system will be used. 1 ,3, 5 1410 Ac Annually CROP RESIDUE USE: In order to keep the soil loss below "T" (3 tons/Ac. ) , a minimum of 1000# of small grain or equivalent stubble needs to be maintained. Residues need to be maintained year around to control both wind and water erosion. 1 ,3, 5 1410 Ac Annually CONSERVATION TILLAGE SYSTEM: Subsurface type equipment will be used; herbicides will be applied in a timely manner to control weeds. Soil disturbance will be kept to a minimum. RANGELAND fields 2 and 4 = 2976 ac 2,4 2976 Ac PROPER GRAZING USE: These fields will need to be refenced. Consideration should be given to watering facilities and field size. Approximately 50% of the current years growth (350-4501E/ac) should remain at the end of the grazing season. This will help maintain stand vigor and prevent annuals from invading the site. .;OOPERATOR ASSISTED BY DATE C&R Ranch Co. Norman J. Wells, Jr. 4/10/86 522-1470 Township_. /6‘) , Range .`�� , County We- __--.. State Ca 1-— to , ORDINANCE NO. 108-A PERMIT NO. 86-1 I I I • • • • 1 I t I S ' I ! i. ! I I 1l ! I I I i If --- ---.---- , ---- -F- b — —��1 ! _ .12___•-_ __.._ I ;i 4=Mi414mommoft IA) i ( I 1 I I I I I el2—rl i i • I / t -.. [ ! . I . Ae. , , . I �� 1 21 23 I .11 } .1 . A • P 1 I i I - j I I i y, [ FORM 50 F The Travelers Indemnity Company Hartford, Connecticut (A STOCK COMPANY) Bond No. : 052- 480G3769 RESTORATION BOND KNOW ALL MEN BY THESE PRESENTS, That we C & R Ranch Co. Mike Cervi d/b/a , as principal, and THE TRAVELERS INDEMNITY COMPANY, a corporation of the State of Connecticut, lawfully doing business in the State of Colorado , as Surety, are held and firmly bound unto Board of County Commissioners of Weld County, Colorado in the penal sum of --Forty Two Thousand Three Hundred---- DOLLARS ($ 42,300000 ) , for which sum well and truly to be paid, said Principal and Surety bind themselves jointly and severally, firmly by, these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden Mike Cervi d/b/a C & R Ranch Co. is desirous of farming on said property to wit: 220A in Sec.l-T10N-R56W, and 1010 A in Sec,13,14,23 & 24-T1ON-R56W and 180 A in Sec. 22 & 27- TlON-R56W All in Weld County, Colorado • NOW, THEREFORE, if the said Mike Cervi d/b/a C & R Ranch Co, shall, upon completion of farming; properly restore the land as agreed upon by said parties in Conservation Plan dated April ]4 , 1986 , then this obligation shall become void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, the surety shall have the right to cancel this bond as to further liability at any time by a written notice, stating when the cancella- tion shall take effect, and served on or sent by registered mail to Weld County Commissioners at least thirty (30) days prior to the date that the cance- llation become effective. SIGNED, SEALED AND DATED this 16 day of April , 1986 . C & R RANCH CO. WITN : 1 0/ tl- � BY: �tiL�/mac ��— Owner (L.S. ) Principal THE VELERS IN EMNITY COMPANY BY. Attorney-in-Fact (SEAL) L• The Travelers Indemnity Company Hartford, Connecticut If necessary,validation of this power of attorney is available at (203) 277-7839. Collect calls will be accepted. POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE TRAVELERS INDEMNITY COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint Clay T. Whitcomb, Warren U. Propst, Dallas Powell, all of Sterling, Colorado, EACH its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof not exceeding in amount One Hundred Thousand Dollars ($100,000) in any single instance and to bind THE TRAVELERS INDEMNITY COMPANY thereby, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following Resolutions adopted by the Board of Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called and held on the 1st day of November, 1985 which Resolutions are now in full force and effect: VOTED'. That the Chairman of the Board. the President, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Corporate Secretary or any Department Secretary may appoint attorneys-in-fact or agents with power and authority,as defined or limited in their respective powers of attorney,for and on behalf of the Company to execute and deliver, and affix the seal of the Company thereto, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and any of said officers may remove any such attorney-in-fact or agent and revoke the power and authority given to him. Vu t tic That any bond,undertaking,recognizance,consent of surety or written obligation in the nature thereof shall he valid and binding upon the Company when signed by the Chairman of the Board, the President, any Executive Vice President, any Senior Vice President,any Vice President or an) Second Vice President and duly attested and sealed,if a seal is required,by the Corporate Secretary or any Department Secretary or any Assistant Corporate Secretary or any Assistant Department Secretary,or shall he valid and binding upon the Company when duly executed and sealed,if a seal is required,by a duly authorized attorney-in-fact or agent, pursuant to and within the limits of the authority granted by his or her power of attorney. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called and held on the 1st day of November, 1985: VOTED'. That the signature of any officer authorized by Resolutions of this Board and the Company seal may he affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. This power of attorney revokes any and all powers of attorney dated prior to November 1, 1985. IN WITNESS WHEREOF, THE TRAVELERS INDEMNITY COMPANY has caused these presents to be s,Gned by its proper officer and its corporate seal to be hereunto affixed this 1st day of November 19 K5 THE TRAVELERS INDEMNITY COMPANY gNoeet • By 4/ <: SEAL tit oc Secretary, Surety S-2242 Rey. 9-85 Printed in U.S.A. (Over) State o1 Uonnecticut, ',oust)/ 011_ :tiara—ss: On this 1st day of November in the year 1985 before me personally came D. L. Banta to me known, who, being by me duly sworn, did depose and say: that he resides in the State of Connecticut; that he is Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY, the corporation described in and which exe- cuted the above instrument; that he signed his name thereto by the above quoted authority; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal, and that it was so affixed by authority of his office under the by-laws of said corporation. :;N r 1:; ND606.•' Notary Public opNNEci�t°�. My commission expires April 1, 1988 CERTIFICATION I, Paul D. Tubach, Assistant Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY, certify that the foregoing power of attorney, and the above quoted Resolutions of the Board of Directors of November 1, 1985 have not been abridged or revoked and are now in full force and effect. Signed and Sealed at Hartford, Connecticut, this day of 19 tAtnin nvz •c aG .:, SEAL ;:3 �u iiAA�y;, �•� :',D Assistant Secretary, Surety S-2242 (BACK) L .VIMITMENT FOR TITLE INSURANG, • ISSUED BY Transamerica Title Insurance Company r -t AMOUNT PREMIUM Mike Cervi OWNER $ $ P. O. Box 169 MORTGAGE $ 720, 000 . 00 $ 1, 452 . 00 Sterling, Colorado 80751 ADDITIONAL CHARGES $ COST OF TAX CERTIFICATE L J SURVEY COSTS $ TOTALS $ Your Reference CC's To: Morgan County Land Titles, Inc . / Jim No. 8019109 C Other County No . 733615 Sheet 1 of 16 COMMITMENT TO INSURE Transamerica Title Insurance Company, a California corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the conditions and stipula- tions attached. Customer Contact: Teri/tlf By Margaret A. Stephenson Phone: 352-2283 AUTHORIZED SIGNATURE The effective date of this commitment is July 2 19 85 at 7 : 00A s M At which time fee title was_vcsted ii: C ANDR RANCH COMANY, a'Colora_ P„ do C-Qrporatpn SCHEDULE A 1. Policies to be issued: (A) Owners': (B) Mortgagee's: TO BE DETERMINED mm/ Form No.C-142-.1 Rev.7-1-BI 8019109 Sheet 2 of 16 SCHEDULE A—Continued 2. Covering the Land in the State of Colorado, Counties of Weld and Logan Described as: PARCEL 1 : COUNTY OF WELD Towil8Ifirinatinfrtafidrrnit i TH 6 P rir Wa CrOU1ITY7rMit 7RADo: Se-gt,ion7 ' Lots 1, 2, 3 and 4, S1 N z, S1 Section 2 : Lots 1, 2 , 3 and 4, S; N', S' Section 3 : Lots 1, 2, 3 and 4, S2 N1, Sa Section 4 : Lots 2, 3 and 4, SWa NWa, W= SWa Section 5 : Lots 1, 2, 3 and 4, Sz N?, SEa Section 8 : N1 NEa Section 9 : S' NWa, E Section 10 : Na, N? S1 Section 11 : SEa, N1 SWa, SEa SWa Section 12 : NEa NEa, S' NEa, S= Section 13 : N1, SWa, NWa SEa Section 14 : W?, NWa NE a Section 15: S1 NEa, SEa NWa, N? SWa, SEa Sec lc n 22,E SEa, S1 SWa Section 23 : NWa, W1 SWa, SEa SWa s 'at1On _2l4 1O- NWa, NEa, EXCEPT a parcel of land contained in Decree of Declaration of taking, recorded July 15, 1964 in Book 519 as Reception No. 1440828, being more particularly described as follows : All that portion of the Sa of the NEa of Section 27 and the SWa of the NWa and the Wa of the SWa of Section 26 , Township 10 North, Range 56 West of the 6th P. M. , Weld County, Colorado, lying within an arc having a radius of 1200 .00 feet, the radial point of which being more particularly located as follows : _ COMMENCING at the East quarter corner of said Section 27 ; thence S32°18 ' 12"W for a distance of 337 .34 feet; thence South for a distance of 225 . 00 feet; thence West for a distance of 140 . 00 feet to said radial point. TOWNSHIP 11 NORTH, RANGE 56 WEST OF THE 6TH P. M. WELD COUNTY, COLORADO : Section 27 : S= SWa, SWa SEa, EXCEPT a parcel of land as conveyed to School District No . 77, Weld County, Colorado, in deed recorded February 25, 1924 in Book 739 at Page 111 , being more particularly described as follows : One acre of ground in the Southeast corner of the SWa of Section 27 in Township 11 North, Range 56 West of the 6th P. M. Section 28 : Eh SEa Section 33 : All Section 34 : All Fore, No.C-142.2 I STATE OF COLORADO Board of Land Commissioners Date: February 24 , 1986 Board Order No. 86-46 Re: Lease Applications (See Copies) , cc's: Board Order File(original) t • • . Lease Appls . t5%3f) ' 85/437 85/391 85/445 ' 85/392 85/513 85/433 85/630 85/436 86/33 Remarks: At the regular meeting of February 24 , 1986 , the Board approved ten-year leases under the above-numbered lease applications at the rates recommended by the appraisers . • ` - • • Minutes 2-24-86 STATE BOARD OF LAND COMMISSIONERS mlp l\� ,i .:. PreSiriPnr APR 21986 , / „c c, ,.e.cp-c--e)-- ! Register (._-//Le„�!jam// fEngineer • • • • • • • LEASE OF STATE LANDS No. _S-3.6659 THIS INDENTURE, Made in duplicate and entered into at the City and County of Denver and State 6f Colo- rado, this 1st day of March , in the year of our Lord one thousand nine hundred seventy-six , by and between the State of Colorado, acting through its State Board of Land Commissioners, hereinafter designated as the lessor, and EstatC"of'Engene Cervt and JO✓/--Es.i.ai#.a-ReagannSarvi-, Mike Cervi, Secretary PA O. Box 169 of..-'110.0.'Eant'Betlev.tew-- Littleton Sterling , state of CO 80129 80751 , hereinafter designated as the lessee. Wherever the word "lessee" appears in the printed portion of this contract, it is intended to and does refer to the lessee(s) named above, whether one or more in number, and the word "lessee" is also understood to include heirs, assigns, successors or legal representatives. Witnessed]: That the lessor, for and in consideration of the covenants and agreements herein set forth. to be kept and per- formed by the lessee, has by virtue of the statutes in such case made and provided, demised and leased to the lessee the right and privilege for grazing purposes or agricultural purposes as hereinafter indicated to the following described school lands, situate, lying and being in the County/s of Logan and WQI,d in said State, the same being known and described as follows, viz.: TOWNSHIP 10 NORTH - RANGE 55 WEST -3 LOGAN COUNTY TOWNSHIP 10 NORTH - RANGE 56 WEST • WELD COUNTY ON- Section 18, s/2 sw/4 74.19 acres Section 19, s/2 NE/4 80.00 " Section 11, SW/4 sw/4 40.00 act NW/4 151.71 " 'Section 13; NE/4 SE/4 40.00 " N/2 S/2 155.74 " s/2 SE/4 80.00 " :'Section 14; NE/4 NE/4 40.00 " • S/2 NE/4 80.00 " SE/4 160.00 " Section 16, All 640.00 " • 'Section 23, E/2 320.00 " NE/4 sw/4 40.00 " Section All 640.00 " — Section 36, All 640.00 " • 461.64 at. Logan County 2,720.00 ac. Weld County 3,181.64 acre Renewal of Lease No. S-33672 CO' 1p `-' "t The above lands to be used as follows: For grazing purposes 3,121.64 acres For agricultural purposes acres I—This lease is subject to any and all casements or rights of way heretofore legally obtained and now in full force and effect, if any there be. Reserving, however, to the State of Colorado: a. The right to order the sale of all or any portion of said premises during the term hereof, The lessor shall, if sale is ordered, give to the lessee thirty (30) days' notice by mail of the date, time and place of sale. In the event said premises, or any part thereof, arc sold this lease shall there- by be cancelled as to that portion or all of such lands sold, from which date the lessee shall have thirty (30) days to vacate the premises sold. Provided, that lessee shall have the right to reenter said premises to cultivate, care for and harvest any crops planted by him prior to the termination of his right to possession, except that this proviso shall not apply to crops which nor- mally produce harvestable yields for more than one year after the planting thereof; crops which normally produce harvestable yields for more than one year after the planting thereof, and benefits to the land by reason of summer fallowing or cultivating the same in preparation for the planting of a crop not actually planted at the time of termination of the right to possession will be considered improvements and appraised as such by the Board in the same manner as is provided for, under subparagraph • "d" of Paragraph 6 of this lease. b. The right to lease all or any portion of said premises for mineral purposes, together with such surface rights as may be necessary for operation under such mineral lease. c. The right to sell all or any portion of the timber upon said premises, and to grant to the purchaser of such timber the right of entry to remove same. d. The right to cancel this lease on all or any part of the leased premises, upon ninety (90) days notice to the lessee by mail. whenever the lessor, having received an application to least all or any portion of said land for any other purpose, elects to lease said premises for such purposes as may be determined by the lessor. c. The right to hold, appropriate, sell or otherwise dispose of any fences or other improvements of any character, and growing crops and removable machinery upon said premises, to insure the payment of any delinquent rentals due the state, or any other claims of the lessor on account of damages, expenses incurred or otherwise. f. The right at any time to grant a right-of-way upon, over or across all or any part of said premises for any ditch, reservoir. railroad, communication system, electric power line, or pipe line, school house or other lawful purpose. If and when such right-of-way is granted, the lessee will be entitled to compensation for damages to his personal property, including but not lim- ited to fences, water systems, crops and stock, but not for use of the land, ,, /2// ) h 1 rf {Vr Y 'Jf .; r f, '� d rot 'd4r{) '��.� P��'"+ YC 4 dw it . '� .", 1 _n 7 ti'.�!�:,.r..c 2 t .yd A.', e: .,Yti�uar^A/ Iilie a ^S y�, Aa_+r � 6 t,,„1.,..„, �) P: v� AM 5 , r ,7y k Tbh a m rx 5a�fi w 1 �i t Nr, , r �� ), '44'1 Y , �y S t I' "itkIr ' raw 11 {!'!� , k $ c °('rui N J 1 ' ,d ' r. 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'ef 'S n ,n rG„e3 Lt► r� .f '1ru 1,t• 1 , ::/j. .Ira 21 \ n Ii S•. a ruIt•'•. \"\' N�„ '4 oft tig„Th,a a3 t y o ,rl y N. a x rj4 w( f 7 ' { u k w "I ' f r I x�rr a ti.� v^A r �ixl�E ' F:} f1t'1'a na ry �y q' i i ✓',art x,� If t .y 1 t yA � , { �M St I r S, y ' ` 1' ."'r :%”4,r y r t „+,,.. ;it":y. {.. v Ali{.I • ;1; { li. �G� Y� �W.''''�Jpdd/ 1 M� I�f'"l' '. f1lif"1 f y��nX. d x �I�p i' k 30 n ' 'x r It'lly'..3 ' thY L}. '�,a'i/: C'F'1A tl • 9w n. k Rn: n ,.. i ' 26R• *es-CONS-Iv OCTOBER 1974 'y a.&OEPAi1TNE SEOF AGRICTIONS SERVICE SOIL CONSERVATION SERVICE '- ``x ao Owner C i R PAkic, Co Operator MI e6 0 Ee✓l ^ County Oa t p State 0eco,ego o •� 4 'as +T. Soil survey sheet(s)or code not. ' r Approximate scale 7. .75= !M+ 1 4°-P.. Prepared by J.I.S.Department of Agrlcaftnre Soil Conservation Service cooperating4 — _ _ 1,k with (-E,vre.vu”.<- .,— Conservation District ' _ • o `.'*'q.': 35 <r;: ) r1` 4116. n P 5 Iw n drn b 0�h..r_.� , r" rr�� %i r .k' Irf..rlr�L ' n c, w; ',1A-47,."Iii, tYr �tPrt ^`Ab ^ ^ C� tk .It � d b .S yoe cry ylg�s\q if''�3 i r,jY:5a n \4 ,1/2Ai VFt ! K:' °I 9fe �,r� Y r.(tFFr { ;^t �,`. M$ 'Rfi;1 ..1'b.'VrLI YC+` •y: r i y AA.}. lktuvv 4 ..+i "-.ar . s cuc vc.:, r.. ....,,. .. ,k 5C1 CO- --1! 06P/.MTM I OC IC an SOIL CC CONSERVATION PLAN RAP Owner c E R RA MC CO. Operator P1JK€ C!EA ' County State C:O>-ORA»n DetL Approximate acres `��� Approximate scale '�., Cooperating with Co Plan ideatl0catlyyn Photo number • Assisted by Weerfny stns - Jz, USDA Soil G 1i r ` r7. ".. d IJ ii '�t ,I !t ., A ,l } dt �.q pr's J 1 x r, n 1. 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N eh, k Gp r `>I R rt }� n . a f 1 In Y'. a'k g1 r Lrl'Ji Jl" 77 T M '! itF„ Jl 9t • 1 "n, M I , 'iM Y �77 'L•nli7 is i I�*A S'. c ►}1,:'. , tr '� ns I . #'�I. VrA 1' YI r t L"; r ! 1. "� ..e3 rr " ,i,� . �' .`.1"rr '�.rof J +1 v �. r a" �N M L x• �'h�+�A' •'' J;L 1f it l) L n A. ..4r q(� N t� 1 �>�i3Y I'f 110 F'1 .a •. ':'�L 17". 4 � , (,y.._ �1 .Lliel .0�:,r kN` '. 'r u'a idk t 1 f,_ f�Nll ri.1.J1: EXHIBIT "A" Field No. 1: 220 acres in Section 1, Township Ten (10) North, Range Fifty-six (56) West; Field No. 3: 1 ,010 acres in Sections 13, 14, 23 and 24 in Township Ten (10) North, Range Fifty-six (56) West; and Field No. 5: 180 acres in Section 22 and 27, Township Ten (10) North, Range Fifty-six (56) West. All such grasslands are more specifically described in the maps attached to the Soil Conservation Service Soil and Water Conservation Plan. 41141-;" DEPARTMENT OF FINANCE AND ADMINISTRATION PHONE(303)356-4000 EXT.4218 P.O. BOX 758 GREELEY,COLORADO 80632 C. COLORADO July 1, 1986 Brighton Soil Conservation District 60 South 27th Avenue Brighton, CO 80601 Dear Sirs: Enclosed please find a check in the amount of $231.00 for your review of the Weld County plowing permit for C & R Ranch Company. It is referenced as Permit No. 86-1. If you have questions, please call me at 356-4000, Extension 4218. Virg trul o s, I /CIA/S- Donald D. W r en, Director Finance and Administration DDW/ch Enclosure a N6 ii i�t Centennial Soil Conservation District ? 621 Iris Drive - Sterling, Colorado 80751 U MAY 1 9 986 May 13, 1986 Weld County Commissioners Weld County Courthouse Greeley, CO 80631 The Centennial Soil Conservation District has learned recently that a plow-out permit was issued by your office to Mike Cervi, for the purpose of plowing out 1410 acres in Sec. 35, Twp. 11, Rng. 56 and Sections 13, 14, 23 and 24, Twp. 10N, Rng. 56W. The conservation plan for this land, which was prepared by a representative from the Brighton Field Office of the Soil Conservation Service, was not reviewed or approved by our soil conservation district. This is in direct violation of the Memorandum of Understanding which our district signed with you on October 5, 1983. Portions of the plowed land are State land, and it is doubtful that any plowing permits were received from the State. This landowner has circumvented the requirements for plowing out fragile grasslands in the past and apparently continues to do so. It was our understanding when we signed the agreement with the Weld County Commissioners that regulations would be followed by individual landowners and proper action would be taken by you if these regulations were not followed as agreed to by the landowners. Our Board of Supervisors spends considerable time reviewing conservation plans which our local Soil Conservation Service personnel have prepared for landowners in your county. If the regulations and requirements are not to be equal for each individual, we feel that we can no longer participate in the approval of conservation plans for the purpose of plowing out fragile grasslands. Therefore, as decided by our board on May 12, 1986 at our regular meeting, as of the above date, we are hereby serving notice that our district will no longer review plow-out plans to facilitate the issuance of permits by the Weld County Commissioners. As stated in the Memorandum of Understanding, as of 60 days from the above date, we will not review these plans. if you feel that any of our assumptions or information in this matter are incorrect, please feel free to notify me for further discussions. Otherwise, our decision has been made. Sincerely, Tom Fehringer, president cc: Ron Miller, D.C., SCS Bruce Lindahl, A.C., SCS State Land Board CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT LIND & OTTENHOFF ATTORNEYS AT LAW )115 THE LAW BUILDING 1011 ELEVENTH AVENUE Tv - P.O.BOX 326 I MAY 1 21986 GREELEY, COLORADO 80632 1 GEORGE H.OTTENHOFF KENNETH F.LEND t _ - -TELEPHONE May 8, 1986 Weld County Attorney 915 10th Street Greeley, CO 80631 Attention: Bruce Barker Re: C & R Ranch Plowing Permit (Cervi) Dear Bruce: Enclosed please find a copy of a letter dated March 25, 1986 fran the Centennial Soil Conservation District. As you can tell from the letter Mr. Cervi had requested permission from Centennial to allow the Brighton field office to handle this matter and that permission was granted. I hope this clarifies the confusion but if you have any additional questions please feel free to contact me. Very trul yours, LI Ke eth F. d KFL/cg Enclosure pc: Mike Cervi '0 pr MAY 121966 C- U N T Y ATTORNEY'S OFFICE RECEIVED MAY 7 oe f.tlat. United States Soil 621 Iris Drive . � Department of Conservation Sterling, CO 80751 ♦, G Agriculture Service March 25, 1986 Mike Cervi Box 169 Sterling, CO 80751 Dear Mr. Cervi: As related to you in our conversation this morning, I have no problem with Norman Wells, Range Conservationist at the Brighton Field Office, working with you on your Stoneham ranch, which is in the Centennial Soil Conservation District. Sincerely, Ly R. Healey eaey Di trict Conservationist cc: Bruce Lindahl, Area Conservationist Norman J. Wells, Jr., Range Conservationist LIND & OTTENHOFF ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O.BOX 326 GREELEY,COLORADO 80632 GEORGE H.OTTENHOFF TELEPHONE KENNETH F.LEND April 21, 1986 (303)353-2323 Board of County Commissioners 915 Tenth Street Greeley, CO 80631 Re: C & R Ranch Co. Dear Chairman Johnson: Accompanying this letter is a Permit for Plowing Grasslands pursuant to Ordinance 108-A and Emergency Ordinance No. 142. I believe this application is complete pursuant to Ordinance 108-A, Section II (1) in that the USDA Soil Conservation Service has prepared and approved a conservation plan, and security in the form of a bond in the amount of $42,300.00 which is calculated on the basis of 1,410 acres. Also accompanying this letter is the application form, a check in the amount of $371.00 pursuant to the permit and a copy of the title insurance committment which is highlighted to show that C & R Ranch Co. is indeed the owner of the subject property. I would advise you that a review of public records by this office since July 2, 1985 indicates that the subject property has not been sold or conveyed and C & R Ranch Co. is still the legal title holder. Also attached with this letter is a letter dated April 18, 1986 from the State Board of Land Commissioners, said Commissioners being the owners of the balance of the properties located in Section 13, 14, 23 and 24 in Township 10 North, Range 56 West. Please note that the State has granted approval for plowing conditional upon your approval. I would further advise you that part of the State's requirement is that the applicant meet all conditions established by Weld County. We would request that the permit be issued at your earliest convenience. Very truly ours LIND- y �e F. ind KFL/cg Enclosure STATE Or COLORADO BOARD OF LAND COMMISSIONERS Department of Natural Resources 620 Centennial Building 1313 Sherman St., Denver,Colorado 80203 4�;OFA�Oy (303) 866-3454 4" 90 O April 18 , 1986 * �` * t 1876 * Mr . Mike Cervi Commissioners P.O. Box 169 ROWENA ROGERS Sterling, CO 80751 TOMMY NEAL JOHN 5.WILKES III Dear Mr . Cervi : Re : Conversion of Grassland to Cropland The Board of Land Commissioners have discussed your request to convert a portion of your state lease from grassland to cropland and agrees that we would give our consent for this conversion of our lands subject to the conditions as follows : 1 . Weld County must agree with this conversion and all conditions of their approval shall be met. 2 . You will immediately submit an improvement application to us for this conversion for our formal approval . (applications enclosed) Your rental will be adjusted to a cropland rate upon conversion of this property to dry land wheat . On February 24. 1986 the Board did approve your renewal application number 85/369 and we are enclosing a copy of the board order indicating this approval . You will receive your new lease for this renewal in the next few weeks . We have also enclosed a copy of the first page of your previous lease to identify which lands for which this conditional consent applies. Sincerely. Rowena Roger President T .mmy, eal y; gist le— / Iw n S Wi es III , Engineer Enclosures ANTHONY SABATINI 1HOMAS E.BRETZ ROBERT HAPGOOD Administrator Minerals Director Deputy Register �,� United States Soil 60 South 27th Avenue Brighton, CO 80601 a Department of Conservation 659-7004 Agiculture Service April 14, 1986 CSR Ranch Co. c/o Mr. Mike Cervi P.O. Box 169 Sterling, CO RE: Land Capability Section 1 , T9N, R56W Dear Mr. Cervi : In checking our soil survey for the above mentioned property, I find that a majority of the section falls into the class Vie category. The soils are described as Ascalon fine sandy loams on slopes of 6-9a. After visit- ing with you and spending time driving over this section, it appears that there are several small areas that are much flatter than 6-9%. If this were in fact the case, and the slopes were less than 6%, this land would then fall into capability class 1Ve. If you would like, I could request an on site investigation by our Soil Scientist to see if he concurs with my findings. He is located in Greeley and I would have to contact him for a date and time. Please advise me if you feel this investigation is needed. If I can be of any further assistance, please feel free to give me a call . Sin erely, Nor an J. We) ls, Jr. Soil Conservationist 4 it THE WHEAT CORP. 1743 BOX 169 STERLING, COLORADO 80751 COLORADO NATIONAL BANK {{ STERLING 9�1 P.O.Box 3000(303)522-2495 Sterling,Colorado 80751 82-503/1070 I2972C-36T .III PAY Three Hundred and Seventy-One dollars and no/100s '., DATE AMOUNT TO • Weld County April 16,1986 371.00 M E ORDER • ryl' OF _ I� q C MCR III 00174311' •: 10700S0341: 11' 11221611' 7/30/86 The original recorded Plowing Permit #86-1 was mailed to C&R Ranch Company, Mike Cervi, Secretary and Authorized Agent, P.O. Box 169, Sterling, CO 80750, by certified mail. 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