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I o 4 0 P i $- 1r/' �) $ ig too g La ',g,§hi g E8 2 5 Iii5G9` ai o$ RESOLUTION RE:: APPROVAL OF AMENDMENT TO USE BY SPECIAI REVIEW MINING PERMIT TO INCLUDE AN ASPHALT MIXING PLANT FOR WESTERN PAVItG CONSTRUCTION COMPANY WHEREAS, the Board of County Commissioners of Weld Count} , 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 pub : c hearing on the 6th day of February, 1985 , at the hour of 2 ' C'0 o' clock p.m. in the Chambers of the Board for the purpose , '_ hearing the application of Western Paving Construction Compar' , 1400 West 64th Avenue, Denver, Colorado 80221 , to amend a Use by Special Review Mining Permit to include an asphalt mixing plant can the following described real estate , to-wit: Parts of Sections 16 , 17 and 21 ; Township 2 North , Range 68 West of the 6th P .M. , Weld County, Colorado WHEREAS , Section 24 .4 .2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, end WHEREAS , the Board of County Commissioners heard all of the testimony and statements of those p:.esent, has studied the request of the applicant and the recommendations of the Weld County Planning Commission. and all of the exhibits and evidence presented in this matter anC, having been fully informed , finds that this request shall be approved for the following reasons : 1 . The submitted materials are in compliance with the application requirements of Section 24 .7 , 44 . 1 , 44 . 2 znd 44 . 3 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commi ssiot:E rs that the applicant has shown compliance with Section 24 .4 . 2 of the Weld County Zoning Ordinance as follrc s : a. This request is in -ompliani.:e with the Weld County Comprehensive Plan and the Weld County Extracr _ on Plan , Mineral Resources , volume II . ^'he held County area in question is located in a reso'-. ce conservation area. The Weld County Extraction an stated that extraction shall be encouraged in resource conservation areas , as long as approprte extraction standards are followed. The proposa ', is consistent with the Comprehensive Plan rcli - es • Page 2 RE;; AMEND USR - WESTERN PAVING which allow uses of an industrial nature to occ'.r where the resources are available (i.e. , gravel and sand operations as noted or• pages 62-63 of tle Comprehensive Plan) . b. The proposal is consistent w: th the intent of the Agricultural Zone District in that the proponec' use does not interfere with other agricultural activities in the area or the County and ae a Use by Special Review the activity can take place in the district. c. The activities proposed wil' be compatible with existing agricultural and rural residential uses in the neighborhood, Fs well as with projected development in the future. d. The subject site is in a Flood Hazard Overlay District area. Operation Standards address this concern. e. Use by Special Review Operation and Design Standards provide adequate protection of the health, safety and welfare of the neighborhooc and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application to amend a Use by Special Review Mining Permit to include an asrhait mixing plant on the hereinabove described parcel of land be , and hereby is, granted subject to the following conditions : The attached Standards for Use by Special Review be adopted and placed on the amended Use by Special Review plat prior to recording. 2 . Nc building or electrical permits shall be issued for the amended Use by Special Review Permit area until the Standards for the amended Use by Special Review have been placed on the amended Use by Special Review plat and the plat has been delivered to the Department cf Planning Services Office . 3 . The applicant and/or operator shall be required to obtain all applicable building or electrical permit:. for Amended USR-488 :82 :.3 . Page 3 RE : AMEND USR - WESTERN PAVING 4 . The following note being placed or the amended Use by Special Review Permit plat . NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamd-':ior activities . Activities related to mining arc reclamation are , therefore , under the jurisdiction c:d the Mined Land Reclamation Board; however, Weld C.'onntl has jurisdiction of those matters outlined in the Operation Standards. 5 . The applicant shall submit and have approved a Haul. Roac Improvements Agreement to the Weld County Enginee:-inc; Department. A copy of the agreement shall be forwarder to the Department of Planning Services staff. The above and foregoing Resolution was, on motion duly made and seconded , adopted by the following vote on the 6th das, ci February, A.D. , 1985 . ti�1 f e BOARD OF COUNTY COMMISSIONERS ATTEST: "' i+2t.ca WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board JJaueiine Johnson, Chairman SY:_ L i 2�caY Gene R. Bran ner , Pro-Tem De uty County C rk APPROVED AS TO FORM: C.F . Ki G� Gordo — Iray — -- County Attorney , // ./71i5~7____ Frank Yamag i OPERATION STANDARDS Western Paving Construction Company Amended USR-488 :82 : 3 1 . The uses permitted on the hereon described parcel shall be the extraction of sand. and gravel and an asphalt nixing plant as described in the application presented by Western Paving Construction Company and on file in the office o the Department of Planning Services. Configuration anc' order of phasing may be modified where necessary in order to facilitate changes required due to protection and/ol realignment of ditches through the site. 2 . The open-cut gravel operation shall comply with Section 44 . 4 , Operation Policies (excluding 44 . 4 . 7) of the Weld County Zoning Ordinance. 3 . All phases of the sand and gravel operation shall comply with all County and State Health Standards and regulations pertaining to air quality, water quality, noise emission and sanitary disposal systems. 4 . If necessary, the property owner and/or operator salad apply for a well permit to comply with CRS , as amended , 37-90.137 as referenced by the Division of Water Resources . 5 . All operations on the property shall be in conformance with Weld County Flood Hazard Regulations . Additionally , an': fuel tanks , septic tanks and other items which might wash away during flooding shall be located outside the one-hundred-year flood plain cr adequately flood proofel "c. avoid creation of hazardous conditions . Design activitie shall comply with the six recommendations from the taste:; Conservation Board dated March 8 , 1982 unless in conflic- with an approved NLRB permit. 6 . Copies of pertinent documents filed with the Mined Land Reclamation Board shall be forwarded to the Departmen : o' Planning Services Office for review. 7 . The asphalt mixing plant shall be located no closer tha* one-fourth mile to any residence on adjoining propertiers 8 . Portable fire extinguishers rated 20ABC shall be provided at the truck loading area, near the burner end of tile aggregate dryer and the mixirg plant controls within easy reach of the plant operator. 9 . The applicant shall comply with the design standard; Ica the Use by Special Review, Section 24 .5 et seq. , of the Weld County Zoning Ordinance. 10 . The applicant shall comply with the Operation Standard:: fca Uses by Special Review, Section 24 . 6 et seq. , of they Weld County Zoning Ordinance. 11 . Representatives or members of the Weld County Health Department. and Weld County Department of Planninc Service! shall be granted access onto the site at any reasonable time in order to insure the operations carried out cn the• site comply with the Development Standards stated 'ie:-eor and all applicable Weld County Regulations . 12 . The Use by Special Review shall he limited to the pLane shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations . Any material deviations from the plans and/or Standards as shown ce stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the: plans and/or Standards are permitted .. Any other changer shall be filed in the office of the Department of Planninc Services . 13 . The property owner and/or operator of this operation sha 1 be responsible for complying with all of the above statec Standards. Noncompliance with any of the above states' Standards may be reason for revocation of the Permit by the Board of County Commissioners . HEARING CERTIFICATION DOCKET NO. 85-2 RE: AMEND A. USE BY SPECIAL REVIEW MINING 'ERMIT TO INCLUDE AN ASPHALT FIXING PLANT - WESTERN PAVING CONSTRUCTION COMPANY A public hearing was conducted on February 6, 1985, at 2:00 P.M. , wits t}:e following present : Commissioner Jacqueline Johnson, Chairman (Excused) Commissioner Gene Brantner, Pro-Tem Commissioner C.W. Kirby Commissioner Gordon E.Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Debbie Campbell Assistant County Attorney, Bruce Barker Planning Department representative, Michael Mullen The following business was transacted: I hereby certify that pursuant to a notice dated January 14, 1985, and duly published Januar) 24, 1985, in the La Salle Leader, a public hearing was conducted to consider the application of Western Paving Construction Company to amend a Use by Special Review Permit to include an asphalt mixing plant. Bruce Barker, Assistant County Attorney. made this. a matter of record. Mike Mullen, Planning Department representative, asked if it were necessary to read the recommendations of the Planning Commission into the record, and it was the consensus of the 3oar1. Frank M. Graham, Jr. , employee for Western Paving Construction Company, came forward to answer questions and stated that there were no objections to the Planning Commission recommendations and the Operation Standards. Commissioner Lacy moved to approve the request of Western Paving Construction Company to amer:d a Use by Special Review Mining Permit to include an asphalt mixing plant subject to the recommended conditions and Operation Standards . Commissioner Yamaguchi seconded the motion and it carried unanimously. APPROVED: BOARD OF COUNTY COMMISSIDNFRS /`,ATTEST: �'r't^; QaltS'i WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board. Jac eline Johnson, Chairman By: J O7 �...,yc.c i L.,��L. -4l:ci s ` A, Gr/ i w'LJW�!--- D puty County Cl k Gene R. Brantner, pro-Tem C.W. K Go t. La 7 rank ama c i TAPE #85-13 DOCKET #85-2 LHR 2150 • ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : DOCKET # 85-2 - Amend USR to include an Asphalt Mixing Plant, Western Pavirg Construction Company DOCKET # 85-4 - Amend USR Permit for an additional` oil 'and gas well in an R--1 (Low Density Residential) Zone District PLEASE write or print 1(.ugibly your name, address and the DOC tt ( s '- above ) or the aonlicants name of t-he hearing you are attending . NAME _ ADDRESS / rHEARING ATTENDING 14-77e04"/4c2Af � -� � C, , Y6/0. ?/V s /Z,J 1;2 •//,-\/6 r : w Dc v ovf Zs2z 1 NOTICE Pursuant to the zoning laws of the State of Colorado and, the We:.-c. County Zoning Ordinance , a public hearing will be he:_d it, thn Chambers of the Board of County Commissioners of Weld Cont'; . Colorado, Weld County Centennial Center , 915 10th Street , Pirs Floor, Greeley, Colorado, at the time specified. All persons i ] any manner interested in the Use by Special Review are requester' to attend and may be heard . BE IT ALSO KNOWN that the text and naps so certified by the We_ (' County Planning Commission may be examined in the office n': Clerk to the Board of County Commissioners , located in the 4e ' .' County Centennial Center, 915 10th Street, Third Floor, Greel.ei Colorado. APPLICANT DOCKET NO. 85-2 Western Paving Construction Cn 1400 West 64th Avenue Denver, Colorado 80221 DATE: February 6 , 1985 TIME: 2 : 00 P.M. REQUEST: Amend a Use by Special Review Mining Permit to inclu9:a an Asphalt Mixing Plant LEGAL DESCRIPTION: Parts of Sections 16 , 17 and 21 , Township North, Range 68 West of the 6th P.M. , Weld Ccunty, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AN!) RECORDER AND CLERK TO THE BOARE B": Mary Reiff , Deputy DATED: January 14 , 1985 PUBLISHED:: January 24 , 1985 , in the La Salle Leader (-)FpuBLItcA Tic,N LUNG 'AU T. DAILY TIM -CE LL St1ste ojotadi. Roger L. Morris lit r.; ❑2 ':�,�; , fl.' . . ' tf ` 1 ''Itv 0f -., 1 , !li'.'lE. ,r .nisi Uri h 1r. e t t ., NOTICE O Pv,,cant to the zoning laws of tie State a Co ora- In do a nd the Weld Co rnty Zoning Ordinance e p hlic he ging will be held in the Cnaribers of the Board of^;cunt,/Commssone s of Weld County,Jotora do Weld County Centennial Center 91e IOtt tlL••' pr.: : i. ( 1. tr.1, , i,I t tl t. Street.First Floor,Greeley Co orado at the'me sp;clfed-All persons in any mpnnerintw5 d it - - the Use by Special Review are reqtleS,e0 to at-en anti may be heard. BE'T ALSO KNOWN that the te>t and manssreer ed by the Weld County Hawing C rnnL slur mar be examined in the office of the Clerk it,the 14. , t ! :1i ' , - 11 Board of County Commissioners located m the We id County Centennial Center. 915 1Cfv St -ee- Th,rd Floor.Greeley,Colorado. ' r s DOCKET NO.S5-2 ia. APPLICANT Western Paving Construction Cc. 1100 West 64th Avenue Dever.Colorado 80221 DATE'.February 6.1985 TIME 2 O P.M. PECUEST.Amend a Use by Sprc al Rev •w M nl'lg Permit to include an Asphalt Mixing Plant LEGAL DESCRIPTION.Parts of Sections 16 t and 21. Township 2 North, Range 38 West of th. 6th P.t., Weld County.Coloraoo BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLOPADO tt ' tt 1' - :LPL' .` t _. — BY.MARY ANN FEUERSTEIN COUNTY CLEFK AND P ECOF PER AND CLERK TO THE BC API, BY Mary Reiff.01 puin L< in January t4.1985 PL hushed in the Daily Times Gail Longmont l.. Jam 22'985 waa a la Tt sat-t it Pi paL rt .JarlUPrY 22 - - LS''8.5 ar thr !1 rii _ It .1 d • In Jan 85 the r we of s:r 9 +tue !at��tt _ . f.1 ti • Si 15J-,b?c dlii ,wort, t1 ptf P ..p .. . 22nd 1p January ia85. , _ 6 1,12P 11;1 ELF S 13 50 :'0':1-01 Affidavit of Pufblicaticn s:ATZ CC:ORA:c. 1 ]3. County C! Weld. 1 Ci salt', County et Welc. being duly sworn. soy mat LEGAL NOTICE am publtsner of I .. r.. Pursuant to the zoning laws of the State of Colorado and the Weld County Zon m9 Ordinance,a public hearing will be Ida: :..^.e Sam! If r: weekly newspaper a! gfrlfCl held in the Chambias of the Beard of arnica= oa ;noted cod. r'-busnsc to rite County cum.:sweats of Weld County Colorado. Weld County Centennial Lawn el i'.1 "` Center, 915 10th Street. First Greeley.Colorado,atthetimespecifed in said county and state: that the notice or cdver• All persons in any manner interested in the Use By Special Review are re has been publsted in saga w'eecty newspaper RE IT ALSO KNOWN that the text and .cr -' - )c''Zn3VGtnWe maps so certified by the Weld County w: Planning Commission may be xamined ee[s that !„n eChee was published in the in the office of the Clerk to theeBoard of :e^y Clan cad entire issue of ever': number et aa:C County Commissioners. located in the Weld County Centennial Center, 9I'• aew'3paper au::nG ihe peraa and lime a! put.: 10th street,Third f loop,Greeley, Col cotton cl soma nonce enc -. the newspaper oradn. -raper and nil :r c suppie.neni therec'.: ;itO! the DOCKET NO.851 Leroy publication Cl said atlas woo ccnto:net '.n APPLICANT the 1314! CI 1<:'=, newspaper Scarred ace •h- Western Paving Construction Co. 14011 West 64th Avenue Den.er Colorado 80221 e-? :he lest p•bti:t:lc.: there[!. in t e, issue d, sold.aawspaper `_carted date the °mil day o. DATE February 6, 1985 the: the S-:C TIME:2:00PM. REQUEST:vieMining Amen('Pe a Use byin Special Review Mininy Vennit In include an L;. _• _ Asphalt Mixing Plat has been pualis:o e? continuously and •uninterr_r: lions LEGAL ESCRIn Iand 21, N: ParpPart s 2 o fSec f'd i}' 3u.^.rG !`e period of ^_• ;cost li::y!wa ran- Range 68 West of'he 6th P.M..Weld slmnf•;f weeks next prier 'a :ia ivst clue Iherea County.Colorado Ccatainrnc said .-.notice or advertisement above BOARD OF COUNTY COMMISSIONERS reierf.i he; and. !ha: laid news_car w^3 al L.e WELD CG UNTY,COLORADO time ci fa.'-s ci the a:th=::tor; a: said notice BY:MAR`, ANN EEUERSTEIN duty G•1-t;f;l3 ;or (hot p1c�'Se within '.he :neon BY: CLERIC AND RECORDER ins: of on c„ en:lied. -An Act Concentuic Legal AND CLERK TO THE BOARD Notices. Adveruserrents and f',±ilcdLcn3. ant El l:Mary Reiff,Deputy the Fees ci ?rimers and ?jthereof. bishers and tc Repeal all Ay: and ;tortsCt Acts xi ConflictDATED:January 1. 1985 with the ?-visit-s of :.`.a At.,. _: m peve'd April Published in th.ita Salle Leader an — - Thursday.•lmman 24, 1985. It'll. •�..d _n • l aflenCle^.:] ':nlreCL. cod �aC::C1� lCa'/ a1 :22.n ended by on act aapraved. Moron ,noon 1222.,pmei an or: ap-aravec: -4.—_ iI/ e ✓ Z�J T._ ?u7Li3nor SCb3C:Urd a e•ecer ;C ']cure me this doll' cI _r __. P..7.. 19-w- -15-My LCmm:33rdn ti C•re1 m > r.! tit rue::c ,X11 d�JfR €�. "4r•• dC is 22019 rm•n.,.`"loot rr DEPARTMENT OF PLA�NNIPIG Sc iV CE . L sFc • € PI-ONEO03) 3564300 E t 140( At `e751Gi i ST R,E: GR EEL EY,0 )LORD O 30601 3• t > , • � ' 5 October 12, 1984 sa e y i > µ ,y'U 'J'J COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Tuesday, November 13, 1984, at 1:30 p.m. to review a request for approval of an amended Use by Special Review Permit to inrindo nr_ A:-.rhalt Batch Plant for a Sand and Gravel Operation for ':.`ester PavinC r'on=:rr_uc-- on Comoany on a parcel of land described as Parts of Section 16. 17 and 71 _[2N, R68W of the 6th P.M. , Weld County, Colorado containing 400 _ acres, more or less. This 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 10th 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 10th Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on November 13, 1984 Copies of the application are available for public inspection in the Department of Planning Services, Room 34.2, Weld County Centennial Center, 915 10th Street, Greeley, Colorado (356-4000, Extension 4400) . Bob Ehrlich, Chairman Weld County Planning Commission To be published in the: La Salle Leader To be published one (1) time by: November 1, 1984 -.7 Received by: ��"�"`" ' 4� ` ��' Date: _ 7/41 — / J----CC-L/ • • REFERRAL LIST APPLICANT: Western Paving Construction Company CASE NUMBER:Amend USRR!.$:82: 3 SENT REFERRALS OUT: October 12, 1984 REFERRALS TO BE RECEIVED BY Novemt _r_,2, 134 c cr 0 to 0 O d Cl) w F cn W FLI H 0. W VW.` CC F-1 Q 00 PG U O PG W U O C14 a 0 Z WWZ County Attorney (plat only) Weld County Health Department V/ xX Engineering Department County Extension Agent Office of Emergency Management Louis Rademacher / Planning Commission Member 13184 Weld County Road 13 XX \// Longmont, Colorado 80501 State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, Colorado 80203 State Highway Department 1420 2nd Street Greeley, Colorado 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 / Captain William R. Emerson Longmont Fire Portection Dist. 9119 County Line Road I Longmont, Colorado 80501 772-0710 t1 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Doug Graff that the following resolution he introduced for passage by the Weld County Planning Commission. Be it Re o]tyed ,by, t1t? Weld Count Planning Commission that the application for: CASE NUMBER: Amended-USR 488:82: 3 H ULU 1 0984 NAME: Western Paving Construction Company H ADDRESS: 1400 West 64th Avenue, Denver, CO 80221 c REQUEST: Amend a Use by Special Review Mining Permit to include an AsohaR Mixing Plant. LEGAL DESCRIPTION: Parts of Sections 16, 17 and 21, T2N, R68W of i.he ftu P.M. , Weld County, Cclorado LOCATION: Approximately 3'; miles west and north cf the Town of Firestone; south of Weld County Road 20'-, and west of Weld County Rcad 7 . he recommended favorably to the Board of County Commissioners 'or the following reasons: 1 . The submitted materials are in compliance with application requirements of Section 24. 7, 44. 1 , 44. 2, and 44.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission th^t the applicant has shown compliance with Section 24.3. 1 et seq. of th.e. l''eid County Zoning Ordinance as follows: This request is in compliance with the Weld County Conprehens_ ve Plan and the Weld County Eytraction Plan, Mineral Resources , Volume ]:I. The Weld. County area in question is located in a resource conservation area. The Weld County Extraction Plan states that extraction shall he encouraged it rescerve cnnservat-:_on areas, as long rs approprate extraction stardatcs are followed. "he proposal i; consistent with the Compre.hensNe Ptan policies which allow use3 of an industrial nature lc, corn where the resources are a✓ailable (i.e. , gravel and r,.ird operations as noted on pages 62-63 of the Comprehensive Flan . The proposal is consistent with the irt:ent of the Agriiiil to I 7one District in that the prrposed use does not interfere w:.th ether agricultural activities in the ar-ua or the County and a> a Ise by Special Review the activity can take place in the di.stri -r . Amend USR-488:82:3 Western Paving Company November 13, 1984 Page 2 -- The activates proposed will be compatible with exi.stin4 agricultural and rural residential uses in the neighborhooc, well as with projected development in the future. - The subject site is in a Flood Hazard Overlay District area Operation Standards address this concern. - Use by Special Review Operation and "resign Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. The Planning Commission's recommendation for approval is conditiorai upon the following: 1 . The attached Standards for Use by Special Review be adopted and placed on the amended Use by Special Review plat prier to recording. '. No building or electrical permits shall be istied for the amended Lse by Special Review Permit area until the Standards for the amended Lse by Special Review have been placed cn the amended Use by Special Review plat and the plat has been delivered to the Department of Ilanni- Services office. 3. The applicant and/or operator saall be required to obtain applicable building or electrical permits for Amended USR-48E:82: 1 . 4. The following note being placed on the amended Use by Special Review Permit plat : NOTE: The Mined Land Reclamation Board has the authority tc issue permits for mining and reclamation activities. Activities related to mining and reclamation are, therefore under the jurisdiction of the Mined Land Reclamation Board; however , Weld County has jurisdiction of those matters outlined in tFe Operation Standards. Amend USR-488:82:3 Western Paving Company November 13, 1984 Page 3 `i. Prior to scheduling Amended USR-488:82:3 before the Board of Count . Commissioners, the applicant shall submit and have approved a Haul Roal. Improvements Agreement to the Weld County Engineering Department. copy of the agreement snail he forwarded to the Department of Plrnnin,; Services staff . Motion seconded by: Louis Rademacher Vote: For Passage Against Passage Jack Holman Louis Rademacher Bill McMurray Stephen Hamilton Paulette Weaver Doug Graff Lydia Dunbar Sharon Linhart Bob Ehrlich The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of Courts Commissioners for ft.rther proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commisi.or , do hereby certify that the above and foregoing Resolution is a true copy cf the Resolution of the Planning Commission of Weld County, Colorado, adopted on November 13, 1984, and recorded in Bcok No. IX of the proceedings of rte sais Planning Commission. Dated the 14th, day of November, 1''F4 Secretary OPERATION STANDARDS Western Paving Construction Company Amended USR-488:82:3 1 . The uses permitted on the hereon described parcel shall be the extraction of sand and gravel and an asphalt mixing plant as described in the application presented by Western Paving Construction Company and on file in the office of the Department of Planning Services. Configuration and order of phasing may be modified where necessary in order to facilitate changes recuired due to protection and/or realignment of ditches through the site. 2. The open-cut gravel operation shall comply with Section 44.4, Operation Policies (excluding 44.4. 7) of the held Count) Zoning Ordinance. 3. All phases of the sand and gravel operation shall comply wi_-b. alt County and State Health Standards and regulations pertaining to air quality, water quality, noise emission and sanitary disposal systens . 4. If necessary, the property owner and/or operator shall apply for a. welt permit to comply with C.R.S. 197.2 , 37-90-137 as referenced hp the Division of Water Resources. 5. All operations on the property shall be in conformance with Weld County Flood Hazard Regulations. Additionally, any fuel tanks, septic tanks and other items which might wash away during flooding shall he located outside the one-hundred year flood plain or adequately flood proofed to avoid creation cf hazardous conditions. Design activities shall comply with the six recommendations from the Water Conservation Board dated March 8, 1982 crless in conflict with an approved MLRB permit. 6. Copies of pertinent documents filed with the Mined Land Reclamation Board shall he forwarded to the Department of Planning Services office for review. 7. The asphalt mixing plant shall be located no closer than one-fourth :4, ) mile to any residence on adjoining properties. 8. Portable fire extinguishers rated 20ABC shall be provided at the truck loading area, near the burner end o' the aggregate dryer and the nix-rg plant controls within easy reach of the plant operator. 9. The applicant shall comply with the design standards for the Use by Special Review„ Section 24. 5 et seq. , of the Weld County 2:onrg Ordinance. 10. The applicant shall comply with the Operation Standards for Uses Ly Special Review, Section 24.6 et seq. , of the Weld County 2..oning Ordinance. Operation Standards Amend USR-488:82 :3 Page 2 ll. . Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operaticns carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations. 12. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the Oars and/cr Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and Ile Board of County Commissioners before such changes from the plans andccr Standards are permitted. Any other changes shall be filed Li tbe office of the Department of Planning Services, 13. The property owner and/or operator of this operation shall be responsible for complying with all of the above states Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. LAND USE APPLICATION SUMMARY SHEET Date: November 13 , 1984 CASE NUMBER: Amended USR 488:82:3 NAME: Western Paving Construction Company ADDRESS: 1400 West 64th Avenue, Denver, CO 80221 REQUEST: Amend a Use by Special Review Mining Permit to include an Asphalt Batch Plant. LEGAL DESCRIPTION: Parts of Sections 16, 17 and 21, T2N, R68W of the Eth P.M. , Weld County, Colorado LOCATION: Approximately 31 miles west and north of the Town of Firestore; south of WCR 20'_ and west of WCR 7. SIZE OF PARCEL: 400 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of a Use by Special Review application for a Mining Permit are listed under Section 24. 3 and Section 44 of the Weld County Zoning Ordinance. Extraction of a valuable mineral resource, such as sand and gravel, should he a priority before urbanization occurs on the land. This has been a policy of Weld County since the adoption of the Comprehensive Plan and the Mineral Resource Study. USR-488 for. the Cottonwood Farms Pit was approved by the Weld County Planning Commission on September 21, 1982. The Board of County Commissioners approved USR-488 on October 20, 1982. The proposed amendment would add an asphalt batch plant to the existing 400 acre site. The Department of Planning Services has not received any objections from surrounding property owners concerning this proposed addition. • FIELD CHECK FILING NUMBER: Amended USR 488:82:3 DATE OF INSPECTION: November 6, 198 NAME: Western Paving Construction Company REQUEST: Amend USR Mining Permit to include an Asphalt Batch Plant LEGAL DESCRIPTION: Pt. Sections 16, 17 and 21, TJ_N, R68W of the 6th P.M. , We. 1 County, Colorado LOCATION: Approximately 31/2 miles west and north of the Town of Firestone ; souti of WCR 20'; and west of WCR 7. LAND USE: N WCR 20-i, irrigated pasture, 9 residences E 12 residences, WCR 7, pasture S Frontier Gravel Pit and Asphalt Batch Plant, cropland, pasture- . W Boulder Creek, 9 residences, Frontier Gravel Pit. ZONING: N Agriculture E Agriculture S Agriculture W Agriculture COMMENTS: Subject site is 400 acres of irrigated cropland (corn) and pasture. Access : s to WCR 201/2, a paved road. the property is within the 100 year floodplain f Idaho Creek.. No mining activity is present on the site to date. Thirty f3( ) plus residences are within 1 mile of the proposed mining site. The ccmmunity f Rinn is located northeast of the site. By: Aia , Ik,,Q, Michael S. Mullen Current Planner Summary of the Weld County Planning Commission Meeting November 1.3, 1.°F4 Page 6 Graff - yes; Lydia I:unbar - yes; Sharon Linhart - yes; Bob !Phrl-ich - yes. Motion carried unanimously. CASE IITLL31': _recd USB-4A8:82:3 APPLICANT: Western Paving Construction Company REQUEST: Amend a Use by Special Review Permit to include an Asphalt Mixing Plant LEGAL DESCRIPTION: Parts of Sections 16, 17, and 21 , T'PN, R5. 6: of the CCth P.N. , Weld County, Colorado LOCATION: Approximately 3.5 miles west and norti of the town of Fire :ire; south of Weld County Road 2C'F and west of Weld Count, Rca i 7 APPEARANCE: Mac Graham, Western Paving Construction Comparv,stated they had act': red thHp piece of property two or three years ago and they did get a Us._ Lv Special Review Permit to mine gravel from the property, but now, lo.C imp into the Future, they will need to expand their operations at this citb and include a asphalt catch or mixing plant . Thin plant will not ..Lanes the existing permit , nor will it make much more traffic, except for on days then they are hauling asphalt it may increase travel by two or tonic truck per day and would increase only by the loads of oil coming in to miss pith the gravel. __ has read the recommeidacions, conditions, and ,teri ion standards as outtFned by the Department of Planning Services staff Fild old like to take except ion to condition /15, that .rucks can only tarn n ) th. While he may have Indicated in the application materials this would be _heir normal haul route, canters and other concerns sometimes get gravel he would not like for them to have to conform to this stipulation. Ie _ .ked that the Planning Commission go ahead and male a recomme daticc on . his request because he is sure the Planning staff, the Engineering Depar'.-: ent and himself can come to an agreement prior to the request being nm i'iled before the Board of County Commissioners. FED also asked that the .ord "batch" be removed and replaced with tie word "mixing", because they or not sure exactly what kind of asphalt plant they will be putting on ta, p , . ..e. Fe explained the dif :erence between a nixing plant and a batch plant Pod Allison recointended Condition ;15 be changed -n read as follows. Prior to screduliag Amended PSP-488:82:3 before the Board or Cc ,nty Commissioners , the applicant shall submit and have epproved a. F. :ul goad Improvements Agreement to the Weld County Engineering Depao. -en' . ^. copy of the agreement shall be forwarded ti the Department of 'Inning Services staff. Sur.mary o; the Ueld County Planning Cormission :1 eting November 1.3 , 1984 Page 7 The Chairman called for discussion iron the andi.:.nce. Doug Rink, surrounding property owner, discussed the haul route. James Befus, surrounding property owrer, states he would like tc see the stop sign_ removed at yinn and a speed limit sr, installed in a ..ce. This could eliminate much of the noise of loaded trucks gearirg do'-.::, to -.rap and gearing up to regain speed . Robert Duckworth, sun_ o . din, Property owner, stated he was gi ..17y craosed to : estern Paving Company's original -equest, but reGt ,rn ;.r. .,any hap been a good neighbor. Therefore, he is not in op - =it 'r to rep.test, '.nit he would appreciate a ge-areer mile lim . ati ,-. , a t oment from an exit residence. Vr. Gih _.n stared he would c , to comply with this request. Rod All - recommended Operation Standard u7 be ae,ended to read a3 ol. _ The icohalt .mixing glont shall be located ro closer thin one-fwort . ('r) mile to _ resicea :e on adjoining properties. Tape 183 - Side 2 The Cbai_i*,an asked Rod Allison to real the reccrtmendatins, ecnditien ,s _au operation standards into the record, including the amendments as cerali e'± by the staff. Mr,TT n,,... Doug r 1_ moved C,J id,.:vber ..,:end L'SR .3:82:3 for de ste- ! iins: Constr- _ .ion Company. be `irwarded to the Board ti County Ccm:11 ': ' ,ich the Plernine nn_ isa n's rearu:rmenc ation c- approval h - ;eel :pc- the recommendations c ndir cns, .ad cper: tiro _.,ta - r,@s amendee+. :, e `aff ,. „ti ,n 3 and on the t�St .0.1`� heard �P't the Pi -ni i ('r i5ic^. .. � � Louis Rademacher. The Chairman called for discussion from the mentors of ch ..i. _ Commission. Discussion foliooco-d. Summary of the Weld County Planning Commission Mecting November 13, 1984 Page 8 The Chairman asked the secretary to poll the members of the Pianrin3 Commission for their decision. Jack Holman - yes; Louis Rademacher - ; Bill McMurray - . s ; Stephen Hamilton - yes; Paulette Weaver - . , TDug Graff - yes; Lydia Dunbar - yes; Sharon Linhart - _yes; Bob Ehrlich - ,. Motion carried unanimously. The Chairman called a recesss at 4: 10 p.m. The meeting was called to order at 4: 2) p.m. by the chairman, Bob '.-'IrlT ch. CASE NUMBER Z-412:84: 13 APPLICANT: Beebe Draw Cattle Company REQUEST:: A Chance of Zone from "A" Agricultural to "PED" Placnad it Development (R-l ; R-3; and recreational uses) LEGAL DESU IPTlON: Part of Sections 3, 4, 5 and 10; all of SectiL3 8 , i 16, and 17; all in T3N, Re5w of the 6th P. _'. , 1d County, Colorado LOCATION: Approximately six (6) miles east of Platteville; east of ';( id County Prod 39 and south of Weld County Road 38 CBob Ehrlich, Clairran, asked to be excused from participating in the :. q .;ast due to a possible conflict of interests . The vic:a-chairman, Sharon is chairing the meeting. APPEARANCE: Morris Burk, property owner, stated he bought this land in 1978 and ga:e a brief background history of the property. Th'-s parcel of landcanto ns approximately 4,300 acres. They have. a lease with the Miton I1sn-a 'or recreational uses for twenty years , renegotiable every five years. They r? asking that this parcel of land be rezoned to allow for approximately 1 , OD single family and multiple family dwellings on approximately 1,500 acres and an equestrian training and riding area. There ✓ill be over three t'tous:'nd acres of greenbelt area with horse riding trais. Any equc.strian evert'; seen at. the Olympics can be held here as well Hs other equestrian eveets. He discussed how this proposal complies with: the Well CcyuliLs 'c Ordinance and the Comprehensive Plan. There will be no primaforth enI 1 : out of production. The size of each H.ot, approximately two acres , Ind the use make it impossible to locate next to an existing town. Puilcfinc ,ee1TLtc will be limited to a maximum of fity -per year =.o the fiscalimpact on the area can be controlled . In this way the fiscal impact can be revi e ' ...-. outlined in their written plan. They have wort ed with the State . h ...... APPLICATIUt. USE BY SPECIAL REV1F''' Department of Planning Services, 915 Tenth Streit , Creeley, Colorado H0631 Phan*. - 356-4000 - Ext. 4400 Case Number_ mended IJSR 488.82,3. Date Received_ - Application Checked by Mylar plat submitted _ - Application Fee S175 Receipt Number Recording Fee _10 Receipt Number __ TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we), the undersigned, hereby request hearings before the Weld County Planning Commission aid the Weld County Board of County Commissioners concerning the proposed Special Review Permit kf the following described unincorporated area of Weld County Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA. 400 AC + Section 2-1 (i 17 & 21 T 2 N, R 68 w LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit .s proposed: NA Section T N, R W Property Address (if available) NA _ PRESENT ZONE Agriculture OVERLAY ZONES TOTAL ACREACE 400 + PROPOSED LAND USE Gravel mining USR 488:82:3 to include asphalt plant EXISTING LAND USE Aaricuiture SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAI REVIEW: Name: Wegtern Paving Construction Co. Address:-140Q West 64th Ave City Denver CO zip 8C2-21 — Home Telephone if Business Telephone # (303) 428-0800__ Name:_— --- Address: City Home Telephone # Business Telephone 0 Name:— Address:_ City - Zip _ Home Telephone S Business Telephone a_ APPLICANT OR AUTHORIZED AGENT (if different than above): Name: Address: City Zip�� Home Telephone U _ Business Telephone Il List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: — - Address: -. City Zip ___ Name: Address:— City - Zip _ _ Name: - _ Address:— City _Zip` _--- I hereby depose and state under the penalities of perjury that all statements, proposals and/•;r plans submitted with or contained within this application are true and correct to the best of m/ knowledge. COUNTY OF WELD ) STATE OF COLORADO) ` -Vz *- Signature: Owner of Authorized Agent F ank M. 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''.h 7.V b a 1, 40, 2 \ AFFIDAVIT OF PROPERTY OWNERS WITHIN FIVE HUNDRED FEET Application Nc. Amended USR 488:82:3 Subject Property Cottonwood Farm STATE OF COLCRADO I ] 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 owners within five hundred feet of 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 ownershb update from a title or abstract company or an attorney. The foregoing instrument was subscribed and sworn to before me this 3rd day of October , 1984. WITNESS my hand and official seal. My Commission expires: January 12, 1988 i Notary ublic 1 October 1984 All Aerial WC Map Sec Parcel Property Owners William A. Gillespie 62 13 13 21 0000 29 256 Hemlock Street Broomfield, CO 80020 Art & Lucy & Luther Stromquist 62 13 13 21 0000 41 12189 Oxford Rd Longmort, CO 80501 Lee and Ervin Olson 62 13 13 20 0000 39 1738 Weld County Rd 201 Longmont, CO 80501 Tull Cattle Co. 62 13 13 16 0000 31 1300 Plaza Ct. N. Lafayette, CO 80226 James E. Sr., and Elaine G. Tallent 62 13 13 16 0000 86 2856 Weld County Rd. 201 Longmont, CO 80501 Robert D. and Eva M. Duckworth 62 13 13 16 0000 10 2719 Weld County Rd. 201 Longmont, CO 80501 Daniel P. and Charleen Junk 62 13 13 16 0000 30 2909 Weld County Rd. 201 Longmont, CO 80501 Wallace H. and Lucille Meyer 62 13 13 16 0000 11 2910 Weld County Rd. 201 Longmont, CO 80501 Harry F. Callender 62 13 13 16 0000 13 2964 Weld County Rd. 201 Longmont, CO 80501 James D. and Kathryn E. Befus 62 13 13 16 0000 12 9465 Weld County Rd. 7 Longmont, CO 80501 Kenneth A. and Rita R. Bitters 62 13 13 15 0000 90 9236 Weld County Rd. 7 Longmont, CO 80501 June H. Lehr 62 13 13 22 0000 39 3254 Weld County Rd. 20 Longmont, CO 80501 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Amended USR 488:82:3 Subject Property Cottonwood Farm 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 or an attorney. The foregoing instrument was subscribed and sworn to before me this 28th day of September 19 84, WITNESS my hand and official seal. My Commission expires: ref% t-z� 2 Notary Public -- AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Amended USR 488:82:3 Subject Property Cottonwood Farm STATE OF COLORADO ) ss. COUNTY OF' WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names , addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submissnate. The foregoing instrument was subscribed and sworn to before me this 28th day of September 19 $4 . WITNESS my hand and official seal. My Commission expires: Notary Public DESCRIPTION of Amended USR 488:82:3 PROPOSED USE: To include properly permitted asphalt plant with our gravel operation. NEED FCR USE: To avoid hauling the grovel to the North metro area then back again to the jobs in this vicinity. SURROUNDING PROPERTIES On the south, west and north - sand and gravel and USE: asphalt plants. To the northeast, east and scutheast are agriculture and the area known as Rinn. DISTANCE TO RESIDENTIAL 200 Feet STRUCTURES: MAXIMUM NUMBER OF USERS: There is no change from the approved gravel operation. NUMBER CF EMPLOYEES: Three employees working one shift - daylight hours WATER SOURCE: None needed ACCESS ROUTES: Same as approved gravel operation. ASSOCIATED TRAFFIC: Same as approved gravel operation. SEWAGE FACILITIES: Portable Toilets FIRE PROTECTION: Fires are rare in asphalt plants, however the equipment has provisions to fight fire and the property is located in a fire protection district. STOCKPILES AND STORAGE Same as approved gravel operation. AREAS: STORM WATER RETENTION: Same as approved gravel operation. TIME SCHEDULE: Same as the five phases of the gravel operation USR 488:8 :3 LANDSCAPING: This use does not alter the mining and reclamation plan of USR 488:82:3 START UP: Immediately after acquiring a work project in the area. SUPPORTING STATEMENTS of Amended USR 488:82:3 The asphalt plant is consistent with the mineral extraction plan of the Weld County Comprehensive Plan. Mining is allowed and is consistent with the intent of the agricultural district'and an asphalt plant. is consistent with mining. The asphalt plant will not affect present or future agricultural land. The asphalt plant meets the health, safety and welfare standards of the State of Colorado and it will be maintained to protect the neighborhood and Weld County. The asphalt plant use is compatible with the asphalt plant and mining on the south, west and north. The plant will be so situated as to protect the residents of Rinn on the east side. The asphalt plant is compatible with future development as projected by the Comprehensive Plan. The plant location lies within the Boulder County Flood Plain and it will be adequately flood proofed to avoid creating a hazardous condition. yONGMOpT LONGMONT FIRE PROTECTION DISTRICT A `,.•0 3^� ! 9119 County Line Rd., Longmont, CO 80501 (303) 772-0710 4GTEcr1GN o 23 :October 19Pµ Fr. Michael 3. Mullin Doeartr,;erit Piatuninr_ Services held County, Colorado 915 10th Street Greeley, Colorado 80631 Ref: Case Number 1JSR-1,08:83:3 A:amended. Dear Mr. Mullen: Having reviewed the application .'cr an ammendment to include an :asphalt Batch rLant >;e are in agreement that fires are rare in ouch plants. However the Longmont Fire Protection District requires the following: ortabLe fire extinguishers rated 20 A Ti C shall be rovideu at toe truce loading area, near the burner nJ of the aggregate dryer and the batch plant controls ;:ithin.; easy reach cf the plant operator. Sincerely yours, William R. Emerson Fire Marshal WRE/wre Copies: Western Paving Ccnstructicm Co. Board of' Directors L.F.P.D. ( 5) Secretary/Attorney ( 1) L 9 r 613[ _riF � Chief ( 1) File (3) L V i- Ni 1984 V4 Weld Co. Planning Commission A31111 , "ilkTo Michael Mullen _Planning Department Date October 24, 1984 COLORADO From _ Rodney H. Hutchinson P. E. , Engineering Manager �beC Western Paving U.S.R. - 48° :82 :3 We have reviewed the above mentioned application for inclusion of an asphalt batch plant. We would like to reiterate that the designated haul route should remain north to State Highway 119. Other operators in the area are improving Weld County Road 7 to the south at their own expense and we would not want to effect that improvement agreement. We woul d also request that Western Paving install signs at the exit from the operation clearly stating the designated haul route visible to all users . ' IIP1_tn .1_:17 L ' _ f ul \\I Weld Co. Plamung uomnossm, RHH/bf 11 �X mEmoRAnDu WTo_Wes Potter _ Date October 22, 1984ilk COLORADO From - Mary Paulson P1• Q.__ —. Subject. _U.S.R. - 488:32:3The following item must be included in the plans for Weather raving Construction's proposed Asphalt Batch Plant: 1. An Air Pollution Permit must be obtained from the Colorado State Health Department. 7 DIfri--,571tW r'' [1 0CT 241984 Weld Co. Planning Commission �4' 934 Recorded of /C21" o'clock P M.-APR_$,71981 n 18561.08 i' �,Q�.,:� -4-e-477-4:- l� Rec. No._.__......__._. --_.....— t /`/ ea State of Colorado, Weld County Clerk & Recorder WARRANTY DEED t E. MAX SERAFINI and DORIS ANN SERAFINI, whose address 1s 2'4062 East 160th Street, Brighton, County of Adams, State ,f Colorado, for the o consideration of dollars, hereby sell and convey to WESTERN PAVING CONSTRUCTION CC, ❑ Coiorncc corporation, whose address is 1400 West 64th Avenue, Denver , County or Denver , o and State of Colorado, the following real property in the County of held inc State of Colorado, to—wit: C) 0 Al]. that part of the NE 1/4 o'' th? SE 1/+t of Seett. n 17 , Toir. .,hip 2 North, Range 69 West of the 6th F.H. , none particuit;rly , ' described as follows: Beginning at the East quarter-corner of Section 17; thence Counh Ait ubCLkti11AA1 fii on the East line 702.6 feet ; thence North 56°50' ''Zest 3,3. 4 re-!t ; thence North 1 °09' East 193.3 feet ; thence North 28'':5' Mast 41 - fent; thence North 52°37' Hest 280.2 feet; thence Nortt, 1':'31 ' . West 336.6 feet to the East and West center line of Section 1'i; thence South 89°55' East 469.7 feet to the point of beginning; TOGETHER WITH all ditch and water rights appertaining theroto, including three domestic water taps of The Left Hand W.iter .iudaly Company; with all its appurtenances and warrant the title to same subjr:ct to Lac 1 "it general property taxes which by reason of a'ijustmarts, the grantee aa:un. s and agrees to pay; any liens by reason of the inolustcn of said pramioes in Tie Northern Coloraao Water Conservancy District and The Longmont ;"ire Prot:eot ?n District; existing rights of way and easements for railroads, ditcher , cr '._k3, utility lines and roads; patent restrictions of record; and further subject no oil end gas leases of record; and further subject to any existing tenancies. #4 Signed this .2x clay of April . 1581 . C `�-1 G /1. . t--1.--- Documentary _ J ._ {� C State! 1 F� / (iris Ann Serafin , r;ctor :,✓n / - APR Date f::ct for E. Max Serafini S__------_----...-.. or1s Ann Serair:i. .'.'SAT: OF COLORADO ) ) %3. COUNTY OF BOULDER ) 1:111 forgot.::g irstr,:: rt wss ..:..r:,f ei,r.ea :-t-- 'J ..jr. t.::i. , N clay of April , 1981 by Doris Ann Serafini , indtvidu .:L y ind "orr • f in fact for E. ;lax Seraf:ni . Wt`,ress m Land and flclal s?a' , r,?1 UDC l •My Commission expires Aug. 4, 1981 a '�0 n ' currnlss.ton expires: MX a 'at4 rt'S a• (7 --..) —.-.) ear /,, No- . _.y l'k,ol4b . '%, '4 „ u i. a .,., , ,,,"„" 4P 934 / APR 4 71981 _.) Recorded at ..._.._� o'clock .J G (41 O.2 Rec. No. .2 ?. 1.09 74 .s State of Colorado, Weld County Cleric & Recorder I WARRANTY DEED I Jo • o E. MAX SERAFINI and DORIS ANN SERAFINI, whose address is 2436L ; 7y:, 160ch Street, Brighton, County of Adams, State of Colorado, for the consideration of no/100ths �o h l ar convey to WESTERN PAYING CONSTRUCTION CO, a Coloradocorporation, rho ead• roas i9 1400 West 64th Avenue, Denver, County of Denver , and Str,le of rolorad , '.h..fallowing real property in the County of Weld and State of Colorado, to -wit : ° A cart of the SF. 1/4 of Section 17, ^' A• the To:.-nohin 2 North, 1 nest of 6th P,;1. , more particulary ct De:9Crit CU �d foJ.l Oti3: co 31ni. .Gl;aiitdWWil faBeginning at the East quarter corner of said Section 17; thence ~South along the East line of the SE 1/4 of said Section 17, 7C,'.6 to . feet to the true point of beginning; thence North 56°,0'00° Hersh p 45,4 feet; thence North 01°09 '00" East, 193.3 feet; thence North 23°45'00" West , 41 .0 feet; thence North 52 °37 '00" West, 230. 2 -_ i feet; thence South 23'23'24" East, 701.77 feet to a point of '` �� intersection with the East line of said SE 1! ; thence Borth n•t along said East line 213.00 feet to the true point of beginning; with all its appurtenances and warrant the title to sere subject to the 18i general property taxes which, by reason of adjustment, the grantee assume, and agrees to pay; any existing farm tenancies; any liens by reason of the inciJsio of said premises in The Northern Colorado Water Conservancy District and The Longmont Fire Protection District ; existing rights of way and easemerr.o ICJ- railroads, ditches, creeks, utility lines and roads ; patent restrictions of record; and further subject to oil and gas leases of record; and further subject to any existing tenancies. Signed this &yf`day of April , 1981 .:27,245,1[1:1.1_, - (f ` i &cite Documentary Foe 4L-7-4--, -,--%---- erroris Ann Serafini , alto ey in .ar. APR 271981 font for F. I^ax Serofin .,ate ....• Doris Ann Sera ' t . /2 STATE CF COLORADO ) ) ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me tits ?y;i7 ray o'• April , 1981 by Doris Ann Serafini , individually and as attornej in fact for E. Max Serafini . Witness my hard and official seal . My commission expires; $y Commission expires Aug. 4, 1981 N: t;ary Puo?-tc. ' ce c,QfId Ir ui;u" i' 9 A5 A .r Recorded at 1° o'clock P M._r1PR_23 IQ 185611(1 I t t;. , a — i State of Colorado, Weld County Cle & Recorder WARRANTY DEED r4 Er MAX SERAFINI, whose address is 24062 East 160th Street, Brighton, 0 County of Adams, State of Colorado, for the consideration of ar,d no/100ths dollars, hereby sells and conveys to WESTERN PAVING CONSTRUCTION CO, a Colorado corporation, whose address is 1400 West 64th Avenue, Denver, County of Denver, and State of Colorado the following real property in the County of Weld O and State of Colorado, to—wit: See attached Parcel C. :r O S1AEE, J6CUi t6fAA1 ill TOGETHER WITH all ditch and water rights appertaining thereto, f' and to the other premises being acquired by the grantee, including one domestic water tap of The Left Hand Water Supply Company; 2.5 shares of the capital stock of The Smith & Emmons —1 6e5 Ditch Company; three shares of the capital stock of The Godding Ditch Company; and 60 acre feet of water as allotted to said r' premises by The Northern Colorado Water Conservancy District; =` with all its appurtenances and warrants the title to same subject to the 1981 general property taxes which the grantee assumes and agrees to pay; any existing farm tenancies; any liens by reason of the inclusion of said premises in The Northern Colorado Water Conservancy District and The Longmont Fire Protection District; existing rights of way and easements for railroads, ditches, creeks, utility lines and roads; patent restrictions of record; and further subject to oil and gas leases of record. Signed this jkay of April , 1981 .} State Documentary Fee 4t4e ' DataAPR 2 71981 r1s Ann Serafini as atto� ey DO in fact for E. Max Serafini. i_ STATE OF COLORADO ) ) ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this 2 9't4 day of April, 1981 by Doris Ann Serafini as attorney in fact for E. Max Serafini. Witness my hand and official seal. My commission expires: 1tY Commission expires Aug. 4, 1981 ��6 ..•••..'�f, G''"l r✓� lsf __ 4rd.0 �., ,� ; ,k Notary P� ,tdVL�� : . !L ...yet` �J - J ' � � (_( /-her a P �j 8 934 Recorded at -..__l o o'clock ,1 ^PR Li 7198± ��i 1856111. n U q I IL- I be) } f State of Colorado, Weld County Clerk & Recorder I WARRANTY DEED C• I e E. MAX SERAFINI and DORIS ANN SERAFINI, whose address is 24062 East •' 160th Street, Brighton, County of Adams, State of Colorado, for the • consideration of five dollars and other valuable consideration, including exchange for other real property, hereby sell and convey to WESTERN PAVING CONSTRUCTION CO, a Colorado corporation, whose legal address is 1400 West 64th e Avenue, Denver, County of Denver, and State of Colorado the fol;,owing real LA property in the County of Weld and State of Colorado, to—wit: 0er r4 -o See attached Parcel D. cI MAIL 6i44.41;Iuk1 id TOGETHER WITH all ditch and water rights appertaining 't or used upon the real estate, including allreal to, affixed r `.`;� interests in The Gadding Ditch and The Smith & EmmonseDitch and _rty ( their decrees; o �' premises by The Northern fColorado waWater ter sConservancy allotted oDistrict, 1 with all its appurtenances and warrant the title to same subject to two promissory notes payable to The Travelers Insurance Company, secured by deeds of trust recorded in Book 910, Reception No. 1840522, and Book 816, Reception No. 1737815 of the Weld County, Colorado records, having an aggregate principal and interest balance of $600,000.00, which the grantee assumes and agrees to pay; the 1981 general property taxes which the grantee assumes and agrees to pay; any existing farm tenancies; any liens by reason of the inclusion of said premises in The Northern Colorado Water Conservancy District and The Longmont Fire Protection District; existing rights of way and easements for railroads„ ditches, creeks, utility lines, gas lines and roads; patent restrictions of record; and further subject to oil and gas leases of record. The grantors further convey to the grantee all of their right, title and interest in and to The Carr & Tyler Ditch and The N. K. Smith & Tyler Ditch and their decrees; Signed thisaj day of April , 1981 . •- Co . Lj77 a Sfate Documen Fee •"'�'' -ct- �Y ris Ann rafini as atto ey e-r Dole APR 2 71981 in fact for E. Max Serafini. 149......‘• Ann Serafini . STATE OF COLORADO ) ) as. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this Z y44 day of April, 1981 by Doris Ann Serafini individually and as attorney in fact for E. Max Serafini. Witness my hand and official seal . My commission expires: 4s 0, s..•.A jAY cornion expires Aug. 4, 1981 i�•..' 0 • • 'f 0•r \v- I IS 3 At-a-° Notary Publ s Ad�P1J '•,3tilIai,• .',1 �fl4;934 - 1856110 �.. :. F.1/4 of the SW1 a( :he SEL •of Section 16 , Zl� .Iship 2 North, Range o? ."West of the 6th P.M. I EXCEPT beginning at the Northeast corner of said E=: of the SE'; thence running West 371% feet; thence South 178 feet; t thence East 3713 feet; thence North 178 feet to the PLACE OF BEGINNING ALSO EXCEPT a tract of land conveyed to Albert F. Small in Warrc.ntj . C need recorded November 30, 1915 in Book 430 at Page 123, hcing more particularly described as follows : BEGINNING at a point on the East line of Section 16 , Township 7 North, Range 68 West of the 6th P.M. , whence the East Quarter corner of the said Section bears North 178 . 3 feet; thence South along the East line of the said Section 470 feet; thence S34 °25 'W 645 feet; thence N48°20 'W 25 feet; thence N00 °37'E 981 feet; thence N89°24 'E 371 feet to the POINT OF BEGINNING ALSO EXCEPT a tract of land conveyed to Lee Powell and Frona Powell in Quit Claim Deed recorded January 6 , 1947 in Book 1195 at Page 24 , being more particularly described as follows: A tract of land in the said 51/2 of Section 16 , BEGINNING at a point on the South line of said Section 16 , 1296 feet dest of the Southeast corner of said Section 16 ; thence N2°O5'W 33 feet to the TRUE POINT, OF BEGINNING; thence N2°O5 'W 663 feet; thence N0°14 'E 181.6 feet; thence N2°28 'E 446 .2 feet; thence S89°•53'W 681. 3 feet; thence 544°57 'W 217.5 feet; • thence N54°15 'W 455.1 feet; thence 584°43 'W 279 . 1 feet; :-hence $6l°5R 'W ] 50 .2 feet; thence S7°41'W 397.1 feet; thence S39°33 'E 328.4 feet; thence S40 °10 'W 900 feet; thence along the South line of said Section 16 S89°58'E 2.009 . 3 feet; thence N4O°59 'E 45.5 feet, more or less, to the TRUE POINT OF BEGINNING ALSO EXCEPT a tract of land conveyed to Walter Springsteel and Fred. a. Springsteel in Warranty Deed recorded November 10 , 1936 in Book ] 001_ at Page 205 , being more particularly described as follows : 9 tract of land in the SE4 of Section 16 , Township 2 North, Range ES 'jest of the 6th P.M. , described as follows: 3EGINNING at a point 371. 5 feet West of the Northeast corner of said juarter section; • thence West 350 feet;' thence South 1040 feet; thence East 350 feet; thence North 1040 feet to the POINT OF BEGINNING %LSO EXCEPT a tract of land conveyed to A. E. Mundt in Warranty heed recorded August 22, 1942 in Book 1097 at Page 544, being more particularly Jescri.bed as follows : • tract of; land in the SE; of Section 16 , Township 2 North, Range 6F, We t DE the 6th P.M. , described as follows: '3EGINNING at a point 721. 5 feet West of the Northeast corner of !,aid 7aar ter section; Lhcnce West 206 feet; hn 'nee: South 200 feet; thence East 2G6 feet; thence North 200 feet to the PLACE OF BEGINNING ALSO EXCEPT a tract of land conveyed to Russell N . Miller, Jr . and onna M. Miller in Warranty Deed recorded January 21 , 1976 in �f took 757 as Reception No. 1679440 , being more particularly described � as follows : "`�� 1 part of the SE3 of Section 16 , Township 2 North, Range 68 West of the 6th P.M. , described as follows: 3EGINNINC at a point on the North line and 927 . 50 feet West of the lortheast corner of said SE3 ; thence Westerly' along said North line a distance of 125 . 00 Feet; thence on an angle to the left of 88°47' a distance of 662 . 34 feet; hence on an angle to the left of 91°13 ' a distance of 331 . 00 feet the West line of that property recorded in Book 1001 at Page 205 o - g 934 m ( • c // 11 1856111 l •k .j. The W15 of the SWI1 of Section 16 , Township 2 North, Range 68 West of the • uth . P.id_ ; All that part of the N1 of the NW; of Section 21, Township 2 North, Range 68 West of the 6th P.M. , described as follows : BEGINNING at the Northwest corner of Section 21, Township 2 North, :tinge 68 West; thence running South on the West line of said Section 21 a distance of 1326 feet to the North boundary of Hershey Brothers ' land; thence running East (Variation 15 °East) along the North boundary o!. Hershey Brothers ' land a distance of 2077 feet . to right of way of the CLU. E.P. R.R. now the B.[4. R . R.R. - thence along the South and West side of said P. R. right of way a distance of 209 feet; 9 thence N29 °W a distance of 583 feet; thence N49 ° and 30 'N, a distance of 540 feet; thence N52°W a distance of 424 feet to a point at which t:ha Southwest edge of said R.R. right of way intersects the North line of said Section 21 ; thence West along said North line of said Section 21 a distance of 941 feet to the POINT OF BEGINNING, at Northwest, corner of said Section 217 . • And all that- part of Section 16, Township 2 North, Range 68 West of . th 6th P.PI_ , more particularly described as follows: BEGINNING 'at a point on the South line of said Section 16 , 1295 .feet West. of the Southeast corner of said Section 16 ; thence N2.05 'W 33 feet to the TRUE POINT OF BEGINNING; thence N2'05 'W 663 feet; thence NQ°14 'E 181_6 feet; thence N2°28'E 446.2 feet; �. thence $89.53 'W 681_3 feet; • thence S44.57'W 217.5 feet; thence 1454°15 'W 455.1 feet; thence S84.•43'4T 279_1 feet; thence 561°58'w 150.2 feet; thence S7°41'N 397_1 feet; C✓ thence 839°33'E 328. 4 feet; C✓ :hence S40°10 '47 900 feet; • _hence along the South line of said Section 16 589°58 'E 2009 . 3 feet; hence N40°59 'E 45.5 feet, more or less, to the TRUE: POINT' OF REGI6fitlN.: : rid the NWla of the NED of Section 21, Township 2 North of Rang, 6 t 'es t of the 6th P.M. ; LSO, all of that part of the' Ni of the NWy of Section 21, in Town ;hip North, Range' 68 West of the 6th P.M. lying East of the right of way f the Burlington and Missouri Railroad Company; fC£PT a tract of land conveyed to S . H. Carr in Quit Claim Deed ecorded January 2, 1908 in Book 250 at Page 300 , being more particularly escribed as follows: GTNPzrNc; at the Northeast corner of the Ntik of the NEL of Section 21 , township 2 North, Range 68 West of the 6th P.M. ; 'pence South along the East line of said 40 acre tract, rods to the Southeast corner of same; -ence West along the South line of said 40 acre tract 52 rods to .n • tcluding the county road; 'ence Northeasterly along the West line o.E said County road, 9_; rod the PLACE OF BEGINNING_ Hello