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Home My WebLink About860939.tiff_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR EXPANSION OF A NONCONFORMING USE (COMMERCIAL GRAIN STORAGE) - BRIGGSDALE GRAIN, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS , the Board of County Commissioners held a public hearing on the 1st day of October, 1986 , at the hour of 2: 00 p.m. in the Chambers of the Board for the purpose of hearing the application of Briggsdale Grain , Inc. , P.O. Box 123 , Briggsdale, Colorado 80611 , for a Use by Special Review for expansion of a nonconforming use (commercial grain storage) on the following described real estate, to-wit: Part of the W1 NWa, Section 28, Township 8 North , Range 62 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, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present , has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24 . 7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24. 4 . 2 of the Weld County Zoning Ordinance as follows: �' 860939 Page 2 RE: USR - BRIGGSDALE GRAIN, INC. a. The proposal is consistent with the intent of the Weld County Comprehensive Plan . The Comprehensive Plan encourages the development of agribusiness and agriculturally oriented industry provided these enterprises do not adversely affect the local economy or environment. b. The proposal is consistent with the intent of the Agricultural Zone District and is allowed for as a Use by Special Review. c. No overlay districts affect the site. d. Use by Special Review Development Standards will provide adequate protection of the health , safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Use by Special Review for expansion of a nonconforming use (commercial grain storage) on the hereinabove described parcel of land be , and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services Office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. The Use by Special Review permit is conditional upon the applicant/operator submitting a complete Recorded Exemption application to the Department of Planning Services for review and approval. 860939 Page 3 RE: USR - BRIGGSDALE GRAIN, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of October, A.D. , 1986 . ..F.. • BOARD OF COUNTY COMMISSIONERS ATTEST:\% f Q(/p/�p�(Pliw' WELD COUNTY, COLORADO Weld County lerk and Recorder and Clerk to the Boar acq linen , irman r ‘'yi4-i72Le,2 Go , em D putt' County Cl rk APPROVED AS TO FORM: Gene ran ner L_ C.W. K,irb /- 4,County Attorney / ` Fr ag i 860939 DEVELOPMENT STANDARDS Briggsdale Grain, Inc. USR-753 : 86: 33 1 . The Use by Special Review permit is for an agricultural service facility (commercial grain storage) as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. All rubbish and debris shall be removed monthly from the Use by Special Review area to prevent rodent harborage. 3 . All construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 4 . The property owner or operator shall be responsible for -complying with the Design Standards of Section 24 . 5 of the Weld County Zoning Ordinance. 5. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 . 6 of the Weld County Zoning Ordinance. 6 . Personnel from the Weld County Health Department and the Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 7. The Use by Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated herein shall require the approval of an amendment of the permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted . Any other changes shall be filed in the office of the Department of Planning Services. 8. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the permit by the Board of County Commissioners. 860939 HEARING CERTIFICATION DOCKET NO. 86-61 RE: USE BY SPECIAL REVIEW FOR EXPANSION OF A NONCONFORMING USE (COMMERCIAL GRAIN STORAGE) - BRIGGSDALE GRAIN, INC. A public hearing was conducted on October 1, 1986, at 2:00 P.M., with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gordon E. Lacy, Pro-Tem Commissioner Gene Brantner Commissioner C.W. Kirby Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Debbie de Besche The following business was transacted: I hereby certify that pursuant to a notice dated September 10, 1986, and duly published September 18, 1986, in the Johnstown Breeze, a public hearing was conducted to consider the request of Briggsdale Grain, Inc. for a Use by Special Review for expansion of a nonconforming use, commercial grain storage. Lee Morrison, Assistant County Attorney, made this matter of record. Debbie de Besche, Planning Department representative, read the favorable recommendation of the Planning Commission into the record, stating that the recommendation is subject to three Conditions and eight Development Standards. She said the Planning staff recommends that Development Standard #2, referring to the removal of rubbish and debris, be changed from "in a timely manner" to "monthly". George Baxter came forward to represent the applicant. He said this application includes provision for future growth, as well as much-needed current expansion. He also stated that the applicant has no problem with the proposed Development Standards. No public testimony was offered concerning this request. Commissioner Lacy moved to approve the Use by Special Review for expansion of nonconforming use, commercial grain storage, subject to the recommended Conditions and Development Standards. Commissioner Yamaguchi seconded the motion which carried unanimously. This Certification was approved on the 6th day of October, 1986. �`'J{� n APPROVED: ATTEST: �' l1 (elw.;(wwi / WELD COUNTYBOARD OF UNTYLORADOOSSIONERS Weld County Clerk and Recorder and Clerk to the Boar Ja que e J. • �,_6 . , C �r B • De uty County Cler G. . !' a y, T o- Gene R. Bra nett, yC.W, f Fran Yamaguch/Er SAYE #86-68 DOCKET #86-6I PL0082 . ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : OCTOBER 1, 1986 DOCKET # 86-61 USR-EXPANSION OF A NONCONFORMING USE (COMMERCIAL GRAIN STORAGE) DOCKET # -BRIGGSDALE GRAIN, INC. DOCKET # 86-59 USR-FURNITURE4MANUFACTURING FACILITY, BILLY J. & DONNA J. CHRISTIAN PLEASE write or print legibly your - name , ,address and the DOC # (as listed above) or the acalicants name of the hearing you are attending . NAME ADDRESS HEARING ATTENDING 6'..--....-2 C. ��xi,'IA yptt7 y 1(/ F1' •/,,.�`�� G.. 4 , - - L 6r:--s.:,-,1;c-. T/ r /r't/ , //-z(fiz/ e. .?, 4, fez),. if e!) 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C��% (��e�..f�p 1'1.'1.L2/7-v /SIJ -6114-e--e",..mac-re t., 7/4-4,4_, ,614A-111- 'l ;.._, ,2 7 fC) 1 ;75 a.-,-(• e- z Z-Tt 600-,:=N(76 ; P9 i hi / 75 411 ,71:1,t,' 696 - 5-7 'Di(.1..k.L 0 Ate Jkc-A-i cti it tsoc R 11 (c3--t_x_R_ ek,--u.,,,,4 k.k ci....c.„ (------2-_,n, _.e'i ' . `'23 cam -7 fk', e , L b rt -q_ .. - ffit* 3 I j '\1-0 Hit)S D IV Le Etti _BO .0-.L ONA/4 (tf ' CJU _ten A4 i,147 U44,_ �//dcol-A.7(4i, ', u S 4= -7 4- fe li LirU, �� f G /7 1 r'// ��/'y 7i7 L�,/ vti(� C a. 7 (/ 5 1✓ d��4PA 24- 1 f/ // / V cis � Pit f'h" ,, -(' •-c.7-?--`7 I / I/ ).4 l C )7 ?) , '— ,-„ . f (7, ; ‹C- 6- s NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held iu the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use by Special Review are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of court reporters in the area. If a court reporter is obtaiued, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 86-61 Briggsdale Grain, Inc. P.O. Box 123 -Briggsdale, Colorado 80611 DATE: October 1 , 1986 -TIME: 2:00 P.M. REQUEST: Use by Special Review - Expansion of a nonconforming use (commercial grain storage) LEGAL DESCRIPTION: Part of the W} NWt of Section 28, Township 8 North, Range 62 West of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN -COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: September 10, 1986 -PUBLISHED: September 18, 1986, in the Johnstown Breeze t7#I/3 i; AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE Nonclli STATE OF COLORADO ) Pursuant to the zoning laws of 1 SS the slate of Colorado and the COUNTY OF WELD ) Weld'County Zoning Ordinance a public nearingoo will de sae m I, Clyde Briggs, do solemnly swear that I tna ambers r the'BoaW or am publisher of The .Johnstown Breeze; the Commlesio `of Weld Centennial I ratio,W ld County that the same is a weekly newspaper street, First Floor, Greeley,, printed, in whole or in part, and published caora4Fo, et the time specified, in the County of Weld, State of Colorado, All sons in any ,manner- mterest d in the Use by Special and has a general circulation therein; that Review are requested to a nan and may be heard. d said newspaper has been published Should the applicant or any continuously and uninterruptedly in said Interested party desire the County of Weld for a period of more than makes I Greco d uof reporter eproo- fifty-two consecutive weeks prior to the ceedings,in addition to the taped first publication of the annexed legal notice record which will be kept luting the hearing. fpe Clerk to the or advertisement; that said newspaper has Board's Office can be contacted for a list of court reporters in the been admitted to the United States mails as area. If a court reporter is second-class matter under the provisions of obtained,the Clerk to the Board's Office shall be advised in writing the Act of March 3, 11179, or ally ofpr spco.'action at least. The cost days amendments thereof, and that said eog ag en to gaging e coons eporrtter shall newspaper is a weekly newspaper duly be borne by the requesting party. qualified for publishing legal notices and BE IT ALSO KNOWN that the advertisements within the meaning of the text and maps so certified by the . Weld county Planning.Commis- laws of the State of Colorado. sion may.be examined in the office of the Clerk to the Board of That the annexed legal notice or advertise- County Commissioners, located ment was published in the regular and in the Weld County Centennial Center, 915 lath Street, Third entire issue of every number of said weekly Floor, Greeley, Colorado newspaper for the period of ../... consecu- DOCKET NO. 88$1 five insertions; and that the first APPLICANT Briggsdale Grain, Inc publication of said notice was in the issue of Briggsdale, Colorado 80811 said newspaper dated q.-te, A.D. it,2...4 and that the last publication of said notice DATE: October 1, 1980 was in the issue of said newspaper dated TIME: 2:00 P.M. - , A.D. 19 , REQUEST: Use by Special In witness whereof I have hereunto set Review — Expansion Of a non- conforming use (commercial my hand this ....A day of S"e20. , grain storage) A.D. 19.46 LEGAL DESCRIPofTION: Part 8, /�f(i//J/� O e MS Nhey. P.M., eld ( O �/14 �� Township 8 North, Range 62 West rl the 6th P.M., Weld County, Colorado / Publisher BOARD OF COUNTY - COMM1SSIONERS WELD COUNTY, COLORADO Subscribed and sworn to before me, a BY: MARY ANN Notary Public in and for the,county unty of FEUERSTEIN COUNTY CLERK AND We State of Colors , this ... day of RECORDER THE OARD �... A.D.Coll TO. THE CLERK BY: Mary Reiff, Deputy DATED: September 10, 1986 Yep--eGe PUBLISHED: September 18, 444"` Notary Public _._. ." the Johnstown Breeze My 5Commission expires ,srry r --...x. a..^« ia Iay, �. --e,, h f'znsh Avenue . ..:'.:,i.uwn, CO 8;t 34 . c07 t DATE: September 10, 1986 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearing for the 1st day of October , 1986 , at 2: 00 P.M. Docket No. 86-61 - Briggsdale Grain, Inc. , USR-Expansion of nonconforming use (commercial grain storage) OFFICE OF THE cLE TO THE BOARD BY: /t' C ( Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO V Summary of the Weld County Planning Commission Meeting September 2, 1986 Page 2 The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. CASE NUMBER: USR-753:86:33 APPLICANT: Briggsdale Grain, Inc. REQUEST: Expansion of a nonconforming use of land (commercial grain storage facilities) LEGAL DESCRIPTION: Part of the W} NWi of Section 28, TBN, R62W of the 6th P.M. , Weld County, Colorado LOCATION: North of and adjacent to the unincorporated Town of Briggsdale; east of Weld County Road 77 and south of State Highway 14 APPEARANCE: George Elliott Baxter, President, Briggsdale Grain, represented the applicants. They ran into storage problems during wheat harvest and the County Commissioners signed off their building permit so they could construct the necessary storage bins pending approval of this Use by Special Review permit. The bin was inspected and approved by the Weld County Building Inspection Department. Some of the storage buns shown on the plac may never be built, but if they are necessary they will not have to go back through the Use by Special Review process in order to obtain a building permit. The bins on the property are government approved for storage. The Chairman asked Mr. Baxter if he had reviewed the recommendations, conditions, and development standards outlined by the Department of Planning Services staff. He inquired about references to the Zoning Ordinance, but -had no objections. The Chairman called for discussion from the members of the audience. There was none. The Chairman asked that reading of the recommendations, conditions, and development standards be dispensed with and that they be filed with the summary as a permanent -record of these proceedings. MOTION: Louis Rademacher moved Case Number USR-753:86:33 for Briggsdale Grain, Inc. , for a Use by Special Review permit for expansion of a nonconforming use (commercial grain storage) be forwarded to the board of -County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations, conditions, and development standards as outlined by the f , Summary of the Weld County Planning Commission Meeting September 2, 1986 Page 3 Department of Planning Services staff and the testimony of the applicant. Motion seconded by Ann Garrison. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision: Lynn Brown - yes; Louis Rademacher - yes; Paulette Weaver - yes; Ann Garrison - yes; Jack Holman - yes. Motion carried unanimously. MOTION: Paulette Weaver moved the meeting be adjourned. Motion seconded by Ann Garrison. The Chairman asked the members of the Planning Commission if there was any further business to be conducted. There was none. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. The meeting was adjourned at 1:45 p.m. Respectfully submitted, —\occA Bobbie Good Secretary fix- BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Louis Rademacher that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: WE!4 rr,+nTV CASE NUMBER: USR-753:86:33 0 1 7y NAME: Briggsdale Grain, Inc. f�Cr SEP 5 1986 ADDRESS: P.O. Box 123, Briggsdale, CO 80611 L1i any64 ail_ALL _J OREELEY. COLD. REQUEST: A Use by Special Review permit for expansion of a nonconforming use (commercial grain storage) LEGAL DESCRIPTION: Part of the W} NW} of Section 28, T8N, R62W of the 6th P.M. , Weld County, Colorado LOCATION: North of and adjacent to the unincorporated town of Briggsdale; east of Weld County Road 77 and south of State Highway 14 be recommended favorable to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The propsoal is consistent with the intent of the Weld county Comprehensive Plan. The Comprehensive Plan encourages the development of agribusiness and agriculturally oriented industry provided these enterprises do not adversly affect the local economy or environment; - The proposal is consistent with the intent of the Agricultural Zone district and is allowed for as a Use by Special Review; - No overlay districts affect the site; - Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. USR-753:86:33 Briggsdale Grain, Inc. September 2, 1986 Page 2 The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. The Use by Special Review permit is conditional upon the applicant/operator submitting a complete recorded exemption application to the Department of Planning Services for reveiw and approval. Motion seconded by Ann Garrison. Vote: For Passage Against Passage Lynn Brown Louis Rademacher Paulette Weaver Ann Garrison Jack Holman The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on September 2, 1986, and recorded in Book No. X of the proceedings of the said Planning Commission. Dated the 2nd day of September 1986. Bobbie Good Secretary tEVELOPMENT STANDARDS Briggadale Grain, Inc. USR-753:86:33 1. The Use by Special Review permit is for an agricultural service facility (commercial grain storage) as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. All rubbish and debris shall be removed in a timely manner from the Use by Special Review area to prevent rodent harborage. 3. All Construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 4. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 5. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 6. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 7. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 8. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number USI9 2.,,) J : i6 J " Submitted or Prepared -Prior to Hearing At Hearing 1. Application h7 Pages 2. Application P lat;41�page(s) 3. DPS Referral Summary Sheet 4. DPS Recommendation . 5. DPS Surrounding Propery Owner Mailing List 6. DPS Mineral Owners Mailing List 7. DPS Maps Prepared by Planning Technician 8. DPS Notice of Rearing 9. DPS Case Summary Sheet 10. DPS Field Check 11. 4 /f lfJc z/4/ogee 4'- ,Y1 Aida Decal/; / r me-A, /fJdf 12. ,t Ir ht ACSjfjne yp Inµie the 4/1/ vMseetn;�apps V- 13._•1ed,„,.rtesetwee'< F2/YJ !.ms,are 04$40''14015400.94.4/ ArtivW 1,/ 14. 15. • 16. 17. 1$. 19. 20. I -hereby certify that the/ items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that the items were forwarded to the Clerk to the Board's office on elep/eanbt.- 6 19 XD[ . , lee'd/b2Ciee,11 rent Planner STATE OF COLORADO ) COUNTY OF WELDVh ) SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF 19 Fib -SE-AL �oV.Ax� oo • NOPPARY PUBLIC My Commissionikpires Feb. 13, 1989 MY COMMISSION BTPIS S -EXHIBIT INVENTORY CONTROL SHEET Case (�J S, - -Exhibit Submitted By Exhibit Description .,5- A. Q :IJ /ijy -- 1�/22,de/J-2-4 V.,42.-2-e.t.„ .89 o-ye/ s17 r i F. G. H. Z. J. R. L. M. N. 0. Date: September 2, 1986 LASE NUMBER: USR-753:86:33 NAME: Briggsdale Grain, Inc. ADDRESS: P.O. Box 123, Briggsdale, CO 80611 REQUEST: A Use by Special Review permit for expansion of a nonconforming use (commercial grain storage) LEGAL DESCRIPTION: Part of the W} NWk of Section 28, TBN, R62W of the 6th P.M. , Weld County, Colorado LOCATION: North of and adjacent to the unincorporated town of Briggsdale; east of Weld County Road 77 and south of State Highway 14 THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The propsoal is consistent with the intent of the Weld county Comprehensive Elan. The Comprehensive Plan encourages the -development of agribusiness and agriculturally oriented industry provided these enterprises do not adversly affect the local economy or environment; - The proposal is consistent with the intent of the Agricultural Zone district and is allowed for as a Use by Special Review; - No overlay districts affect the site; - Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Department of Planning Services staff recommendation for approval is conditional upon the following: DSR-753:86:33 $r1ggsdale Grain, Inc. Page 2 1. The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special -Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. The Use by Special Review permit is conditional upon the applicant/operator submitting a complete recorded exemption application to the Department of Planning Services for reveiw and approval. C C.2°) DEVELOPMENT STANDARDS Brlggsdale Grain, lnc. USR-753:86:33 1. The Use by Special Review permit is for an agricultural service facility (commercial grain -storage) as submitted in the application materials on file in the Department of Planning Services and subj-ect to the Development Standards stated hereon. 2. -All rubbish and debris shall be removed in a timely manner from the Use by Special Review area to prevent -rodent harborage. 3. All Construction done on the property shall be in accordance with the requirements of the Weld County -Building Code Ordinance. 4. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld -County Zoning Ordinance. 5. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 6. Rersonnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property -at any ,reasonable time in order to insure the activities married gut on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 7. She Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment mf the permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans 'or Standards are permitted. Any 'other xhanges shall be filed in the -office of the Department of Planning Services. 8. The property owner or operator shall 'be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board -of County Commissioners. FIELD _CHECK FILING NUMBER: USR-753:86:33 DATE OF INSPECTION: August 29, 1986 NAME: Briggsdale Grain, Inc. REQUEST: Use by Special -Review permit for expansion of a nonconforming use (commercial grain storage facility) LEGAL DESCRIPTION: Part of the W} SWi of Section 28, T8N, R62W of the 6th P.M. , Weld _County, Colorado. LOCATION: North of and adjacent to the unincorporated town -of Briggsdale; east of Weld County Road 77 and south of State Highway 14 LAND USE: N -Town of Briggsdale (vacant land) -E Vacant land S Grain bins/semi-truck sractors and trailers storage yard W Vacant land ZONING: N -Agricultural E -Agricultural S Agricultural W Agricultural COMMENTS: Submitted plat appears to accurately show existing facilities -as they exist. Existing access is to Weld County -Road 77 which 3s gravel surfaced. Drainage appears to be to the west/southwest. The closest residence is located to the east and southeast. One mobile home and another residence 1A located to the west across Weld County Road 77. By: Q,r\VtSZ...,QS44Cs Chuck Cunliffe, Director Department of alarming services LAND-USE APPLICATION SUMMARY SHEET Date: August 25, 1986 CASE NUMBER: USR-753:86:33 NAME: Briggsdale Grain, Incorporated ADDRESS: P.O. Box 123, Briggsdale, CO 380611 REQUEST: A Use by Special Review application for -an expansion of a non-conforming use of land (commercial grain storage) . LEGAL DESCRIPTION: Part of the W} NW} of Section 28, T8N, -R62W of the 6th P.-M. , Weld County, Colorado. LOCATION: North of and adjacent to Briggsdale, east of Weld County Road 77, south of State Highway 14. SIZE OF PARCEL: 5.347 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed In Section 24.3 of the Weld County Zoning Ordinance. The applicant is requested to obtain -approval of a Recorded Exemption for the present land splits. The Department of Planning Services Staff has received referral responses from: — The Weld County Health Department - The Weld County Engineering Department - The West Greeley Soil Conservation District Copies of these referral response forms have been included in this land-use summary. The Department of Planning Services has not received a referral response from the County Extension -agent and Briggsdale Fire Protection District. l aEPAR .I =NT OF PLANNING SERVICES ''CI ��C .� � PHONE(303)356-4000 EXT. 4400 -' S �`j 1 _ 915 10th STREET I' 4119411 3 �/ GREELEY,LOLORA-DO 80631 • COLORADO NOTICE OF PUBLIC -HEARING The Feld County Planning Commission will conduct a public hearing on Tuesday, September 2, 1986, at 1:30 p.m. to review a request for approval of -a _Use by Special Review permit for expansion of a nonconforming use (agricultural service facility) from Briggsdale Grain, Int. , on the Parcel of land -described as part of the WI NWj of Section 28, TBN, R62W of the 6th P.M. , Weld County, Colorado, containing 5.347 acres, -more or less. The property is located north of and adjacent to Briggsdale, north of State Highway 14 and east of Weld County ?toad 77. The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be _conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 -Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the -Weld County _Department of Planning Services, 915 Tenth Street, _Room 342, Greeley, Colorado 80631, before the above date or Presented at the publi-c hearing on September 2, 1986. Copies of the application are available for public inspection in the Department of Planning Services, Room 142, -Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400. Jack Holman, Chairman Weld County Planning Commission To be published in the Johnstown -Breeze To be published one (1) time by August 1k, 1986 Received by: 5- rr Date: I \ • 10 C Ir 7 • \ 1 ` • \ 4 iii . A a nA 0,• N b q• 1 \ 11 \r '� I I 4 �• ! Fa �• 'n � FT Y 1. •\. a � 1x .. 1 \ ro 1^ y I� � I Y p x° Ii li :a n 24 22 11 _ T - •._ I,RES? 12x _ ___•. aol a a n a a -a0 a s ar Y y`I \ • a a ' • •YI ai Y Imo / Y \• . • • _ ...i._._.__• v 1. /1_ • _ _ -. n aj Y a I � / 3emn0 I Carr'don s • • a Ah el Y -: :!' n x • • a '. . nI(ate- R C•\ S 8 1• ■N O S } _nil_._ __._.` __ r ' I7.71S:',Y 1r ° .r 1a n ti.a1' s Sy.Jr`. V. .—.• • no) • +l - \ I N----4},- F ! „, M i• a 1 11.1 a p MM�((II/W pr w T�"'1:&IOWI I• +s s/ \ y�y{� •• 34 C� a . Ile N VG: �II.'On• -\.I a Y Y i Y a• •. 1 II Y a • a a � \ • s I • �. v o r • • a a • • i•I I1 I• • '• M ' Y 1 / I 1/4\ i � * Le a • _2p 11 6 Y / 21 x �• o! n _a e 11 33 • • a • — • NI 4.• ' f 1 I 0. ' •1 • • .0 41_ 1 .,.\`.: ` ; • {la,',_ p I " 14 �`�� I 8 I 10 � I 1 4 a I 16 4 1 I n / • 9 Ceryt _ ;•21 22 h q L l5% I TV' � _ r- ' 1 4,,153 1 Rix 1 i 9 _ St age*. I .../ I a 'Et'Li I,u,. 27 ,•-, X28 l� 2 j `I l i t �j ,h : '� may t K1 ww • • [CA , , . F. • ..,J f.. f ` ,, r }a e '4" e ® L4 • ttYik t �+ i. f c , ,'-'4:2:),%:7,..117' i t ;'44.1.; 447,1t11,:4 rs ?? RR t x ;� O -. + ....� r Y ,.b 74., r .� Aft' X -wx •n "' 'el 4 y,f,4. v Y'+45$�' 7,4 •' ifir .. ` .!4 to _,jp'Ywj Y t.i .rlv's"" i' Er{3 'a'"„fr I^ 4 r.'z s n'nt,' � "x "/ay ., 3' .7a.,Y T ?t L. + t h 1 yi +a'^ ;;'S Gc c.xx, sf3 y.� :: +. 4jr O/8 $z SY 44- i.S Jot 44-4 y r r kq"t""4-r •. xe ,:i to-' f+ vu,.or S ,:,4 tP 9'h. �''� `S'vyY. X "+ ` �x' v`4 i a REFERRAL LIST APPLICANT: Briggsdale Grain, Inc. tASE NUMBER: DSR-753:86:-33 SENT REFERRALS OUT: August 5, 1986 -REFERRALS TO BE RECEIVED BY: August 25, 1-986 NO SR NR NO SR NR , County Attorney [/7. X Weld County Health Dept. IX Engineering Department X County Extension Agent Office of Emergency Mngmt X Doug Graff Planning Commission Member 3115 Grandview "Drive Greeley, Colorado 80631 V/ X West Greeley Soil Conservation District 4302 9th Street Road Greeley, CO 80634 X Briggsdale Part Protection District Briggsdale, Colorado 80611 _ City of Greeley Planning Department 919 7th Street _Greeley, tO 80631 _ Tri Area Planning Commission P.O. Box 363 Frederick, CO 80530 NO=No Objection Sat=Specific Recommendations NR=No Response 9'l F•. ••i'� ta5 ca,IA 1)— t as t, ea Vi D�PARI _ENT OF PLANNING SERVICES / II PHONE(303)356-4000 EXT.4400 ie a r^ 915 10th STREET e4l r +'^• 1'..' GREELEY,COLORADO 80631 1'C %a „A ' 1E . �u 06 19-86 r • DOLOR AD© LASE NUMBER USR-753:86:33 August 5, 11186 TO -WHOM IT MAY CONCERN: Enclosed is an application from Briggsdale Grain, Inc. , for a Use by Special Review permit for expansion ,,of :_a cuonconforming -use• (agricultural service ;.,,t, f-ihility). The parcel of land is described as part -of the W}"NW} of Section 28, T8N, R62W oT the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is°:upith ..of and adjacent, to ;Briggsdale; ' east of- Weld Lounty ,Road 77 Auld south of Statye Highway 141* This application is submitted to your -office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days -of mailing from our office, it -may be interpreted to mean approval by your office. If you are unable to respond within -the fourteen (14) days (but wish to to so -at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by August 25, 1-886, so that see -may give full consideration _to your recommendation. Thank you very much for your help and cooperation in this matter. 1. We have reviewed the proposal and find no conflicts -with our interests. 2. A formal -recommendation is under consideration and will be submitted prior to • 3.:,(�J J�Please/ refer to the enclosed le ter. p/ Signed:A(14 Agency: Date: y-/-/y/e‘ V I`CLI Glota: unn Curnner DEPAR". ENT OF PLANNING SERVICES c PHONE(303)356-4000 EXT. 4400 flo •• AUG -7 RECT 915 10th STREET • 1 AIR GREELEY,COLORADO 80631 t. ;t v' COLORADO CASE NUMBER USR-753:86:33 August 5, 1986 TO WHOM IT MAY CONCERN: Enclosed is an application from Briggsdale Grain, Inc. , for a Use by Special Review permit for expansion of a nonconforming use (agricultural service facility) . The parcel of land is described as part of the W} NWT of Section 28, T8N, R62W of the 6th P.M. , l4eld County, Colorado. The location of the parcel of land for which this application has been submitted is north of and adjacent to Brig-gsdale; east of Weld County toad 77 and south of State Highway 14. This -application is submitted to your office for review and recommendations. Any comments or recommendations you consider -relevant to this request would be appreciated. Your prompt reply mill help to facilitate the processing of the proposal and -will -ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) Bays of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to -respond within the fourteen (14) days (but wish to do so at a later date) -please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by August 25, 1986, so that we may give full _consideration to your recommendation. Thank you very much for your help and _cooperation in this matter. 1. i/ We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted prior to 3. Please refer to the enclosed((letter. Signed:51 /f(ree> .ca i r/etcctirri. Agency:7(b Fr,k� < Glo is Dunn L gv7 Curtien Planner o .E I AUG 25 1986 Weld Co. Planning cmm�ussiou DEPAR- ENT OF PLANNING SERVICES 3e ,: ,� II PHONE(303)356-4000 EXT.-4400 /.ppp^.q-"��Al %y 1 4.014 915 10th STREET 3� GREELEY,COLORADO 80631 .1t a ,,,,,.,..., ic • COLORADO • CASE NUMBER USR-753:86:33 August 3, 1986 TO WHOM IT MAY CONCERN: Enclosed is -an application from Briggsdale Grain, Inc. , fora Use by Special Review permit for expansion of a nonconforming use (agricultural service facility) . The -parcel of land is described as part of the W} NW} of Section 28, T8N, R62W of the 6th -P.M. , -Weld County, Colorado. The location of the parcel of land for-which this application has been -submitted is north of -and adjacent to Briggsdale; east of Weld County Road 77 and south of State Highway 14. This application 3s submitted to your offi-ce for review and recommendations. Any _comments ar recommendations you consider relevant to this request would be appreciated. Your prompt _reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not -received within fourteen (14) days of mailing from our office, it _may be interpr-.ted to -mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to -that effect. Check the appropriate boxes below and _return to our address listed above. Please teply by August 25, 1-986, so that we may give full consideration to your _recommendation. Thank you very much for your -help and cooperation in this matter. 1. We have reviewed the proposal -and find no conflicts with our Y interests. 2. A formal recommendation is under consideration and will be submitted prior to 3. n Please refer to the enclosed letter. o Agency: Date: g /�J, Signed: / / �iH,4p // �/ '�• EN Gloia Dunn 0 E1 i^ V Curren -Planner -'J u 03 19-86 eldtn. Planning omissionW on • NAMES OF OWNERS OF PROPERTY WITHIN 100 -FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION II J. Lloyd Washburn Route 1, Box lA 054-5-28-2-00222 Briggsdale, CO 80611 Daniel E. & Grace P. 31125 Weld County toad 91 0545-28-2-00-020 Davis Briggsdale, CO 80611 • Cass -Farms Co. 43251 Weld County Road 77 0545-28-0-00-020 Briggsdale, CO 80617. Joe Dennis & Florence 315 Main Street 0545-28-2-00-010 M. Beal Briggsdale, CO 80611 Weld County E. 0. Box 0545-28-2-00-072 Greeley, CO 80612 Dale W. & Nancy -Fiscus P. 0. Box 56 0545-28- New Raymer, CO 80742 Surrounding Mineral Owners Briggsdale Grain, Inc. USR-753:-86:33 Union Pacific land Resources Corporation 110 North 14th Street, Suite 1000 Omaha, NE 68102 Edna Francis Washburn _T-rust c/o Greeley National Bank P.O. Box 1098 Greeley, -CO 80632 J. Lloyd Washburn 315 Milton Briggsdale, CO 80611 USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number Date Received Application Checked by Mylar plat submitted Application Fee Receipt Number Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA:Pt. W'INw Section 28 T 8 N, R 62 W -- SEE ATTACHED LEGAL DESCRIPTION -- EXHIBIT I LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Pt. W-INW14 Section 28 T 8 N, R 62 W Property Address (if available) PRESENT ZONE Agricultural OVERLAY ZONES None TOTAL ACREAGE 5.347 acres PROPOSED LAND USE expansion of existing grain storage -facility EXISTING LAND USE grain storage facility SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: Briggsdale Grain, Inc. Address: P. 0. Box 123 City Briggsdale, CO Zip 80611 Home Telephone 6 Business Telephone 6(303) 656-3416 Name: Address: City Zip Home Telephone 6 Busines-s Telephone 6 APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Briggsdale Grain, Inc. Address: P.O. Box 123 _ City Briggsdale, CO Zip 80611 Home Telephone 6 Business Telephone 6 (303) 65b-3416 List the owner(s) and/or lessees of mineral rights on or under the -subject properties 9f record. -- SEE ATTACHED STATEMENT -- EXHIBIT LI Name: Address: City Zip Name: Address: City Zip I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) L a I(,o5 pierce (oc4 7 Signs re: Owner or thorized Agent Subscribed and sworn to before me th _Lday of fU /_ 190 G. Z NOT RY PUBLIC MY Commission Expires My commission expires February 1983 USE BY SPECIAL REVIEW APPLICATION BRIGGSDALE GRAIN, INC. LEGAL DESCRIPTION EXHIBIT I A parcel of land located in the West Half of the Northwest Quarter (W1/2 NW1/4) of Section 28, -Township 8 North, Range 62 West of the 6th Principal Meridian, Weld County, Colorado and being more particularly described as follows: BEGINNING at the Northwest Corner (HW Cor) of said Section 28 and assuming the North line o₹ said Section 28 as bearing North 89°40'52" East as indicated on Recorded Exemption 0543-28-2-RE-643, with all other bearings contained herein relative hereto; Thence North g9°40'52" East along said North Line, 734.69 feet to the point of intersection with the Easterly Right-of-Way line of Weld County Road #392. Said point also being the Westerly Right-of-Way Line of the abandoned UPRR Right-of-Way. (Rec. 736 feet, East) ; Thence South 01°40'09" West along the -Easterly Right-of-Way line of Weld County Road 11392, also the Westerly Right-of-Way line of the abandoned UPRR Right-of-Way, -612.00 -feet to the TRUE -POINT DF :BEGINNING; (Rec. 612 feet South) , Thence continuing South 01°40'09" West along said Easterly Right-of-Way line of Weld County Road #392, also the Westerly Right-of-Way line of the abandoned UPRR Right-of-Way, 934.64 feet; Thence South 89°42'30" East, 250.07 feet; Thence North 01°40'09" Fast, -928.63 feet; Thence North 88°19'51" West, 250.00 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 5.347 acres, more or less, and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. USE BY SPECIAL REVIEW APPLICATION BRIGGSDALE GRAIN, INC. MINERAL INTEREST OWNERS EXHIBIT _II Union Pacific sand Resources Corporation, 110 North 14th Street, Suite 1000, Omaha, Nebraska 68102 Frank N. Briggs, address unknown Harold A. Briggs, address unknown Paul L. Briggs, address unkown Claude A. Briggs, address unknown Edna Francis Washburn Trust, c/o Greeley National Bank, P. 0. Box 1098, Greeley, Colorado 80632 J. Lloyd Washburn, 315 Milton, Briggsdale, Colorado 80611 -a r „1 4 USE BY SPECIAL REVIEW APPLICATION BRIGGSDALE GRAIN, INC. STATEMENT OF PROPOSED OPERATION EXHIBIT III Briggsdale Grain, Inc. , a Colorado corporation, proposes the immediate construction of a metal grain bin having a capacity of 37,000 bushels to increase grain-storage capabilities. Briggsdale Grain, Inc. proposes to construct J7 additional metal grain bins as future demand requires. Briggsdale Grain's existing facilities, which have been in existence for many years, have a capacity of approximately 250,000 bushels. The existing facility is currently 95-98% full. If the existing facility is not expanded, Briggsdale Grain, Inc. will not be able to accept any 1986 wheat from farmers operating in the Briggsdale area. The grain storage bin proposed for immediate construction will be located upon property owned by Briggsdale Grain, Inc. and will be compatible and consistent with the existing use of the property. The Briggsdale Grain, Inc. property is located within the boundaries of the abandoned Union Pacific Railroad right-of-way North and West of the town of Briggsdale. The property abutting the Briggsdale Grain, Inc. property on the East is used for agricultural purposes. The area immediately North of the Briggsdale Grain, Inc. property (also within the abandoned Union Pacific Railroad right-of- way) is waste ground not currently used for any productive purpose, such property having previously been used, in part, as the location of a bulk storage plant for gasoline and oil products and other similar agricultural support uses. Weld County Road 392 abuts the property on the West side. The property across Weld County Road 392 to the West is used for farming purposes including grain storage facilites. The area to the South is used for farming purposes. Weld County shops are located East of the Southern portion of the property. Colorado Highway 14 is located approximately 600 feet North of the North line of the property. North of Colorado 14 lies agricultural ground. The closest residential structure is located approximately 300 yards to the East of the Southern end of the parcel and the nearest residential structure to the Northwest is approximately one quarter mile distant. Additional residences are located within the town of Briggsdale. Applicant estimates that approximately 75 area farmers currently utilize the existing grain storage facility. The expansion of the existing grain storage facilities is intended to serve this existing customer base. Although it is unknown whether the expansion of the facilities will increase the number of farmers utilizing the facilities, no significant increase As anticipated. The facilities are currently being operated approximately 44 hours per week. In addition to the officers and directors of the corporation, the corporation has one full- time employee. It is anticipated that the expansion of the facilities will not increase the number of employees nor the number of -hours of operation. The grain storage bin proposed for immediate construction will not require the use of water. Domestic water is provided to the property by the Briggsdale Water Company. Use by Special :Review Application Briggsdale Grain, Inc. Statement of Proposed Oper-gtion Page Two Access to the new grain storagebin will be.via Weld County Road 392 across the elevator property to the bin. However, incoming grain will not be loaded directly Into the new bin but, rather, will be processed through the existing facilities as the new bin will be inte- grated into these facilities. Incoming grain will be moved into the new bin via an -overload auger. Outgoing grain will be unloaded directly _from the new bin into trucks which will then cross the elevator property to exit onto County Road 392. It is not anticipated that the expansion of the facilities will significantly increase vehicular traffic. The grain storage facilities are located within the Briggsdale Fire Protection District. Other than constructing the bin out of steel and concrete, no specific fir-e protection measures are intended for the proposed use. The proposed use will not result in any livestock or other animals being housed on the property. No storm water retention facilities are contemplated. The existing proposed use produces only nominal amounts of debris which are removed in regular course. No landscaping or -erosion control measures are planned in connection withthe new grain storage bin. No reclamation procedures are contemplated. It is anticipated that approximately one week will be required to construct the facility. USE BY SPECIAL REVIEW APPLICATION BRIGGSDALE GRAIN, INC. CONSISTENCY WITH COUNTY -COMPREHENSIVE PLAN EXHIBIT IV Although the _existing grain storage facilities of Briggsdale Grain, Inc. constitute a nonconforming use in the agricultural district, such use maintain-s and promotes agricultural production within the district by providing grain storage facilities to area farmers. The grain storage facility (in its current status or after expansion) is not competitive with agricultural use but is complementary to that use. The proposed storage facilities are located on a -part of the abandoned Union Pacific Railroad sight-of-way. In this immediate area, the abandoned right-of-way has not been returned to agricultural production. No land will be removed from production. There is adequate provision for the protection of the health, safety and welfare of the inhabitants of the neighborhood inasmuch as the grain storage facilities are free standing structures separated from any residential uses by substantial open space. The applicants believe that the proposed use not only will be compatible with the future development of the agriculturally zoned surrounding area but will promote the preservation of that agricultural use by providing needed grain handling capabilities. The property owned by Briggsdale Grain, Inc. is not located in a flood plan, geologic hazard area -nor the Weld County Airport overlay district. The proposed grain storage facilities do not require water for use or operation. Attached hereto are copies of the documents by which Briggsdale Grain, Inc. acquired title to the property. The property was acquired by three transactions -- the January 2, 1986 purchase of the main facility from William and -Floriene Bloskas; the January 20, 1986 purchase from J. Lloyd Washburn of a small strip of _ground which divided into two parcels the property purchased _from:Bloskas; and the yet to be -closed purchase from J. Lloyd Washburn of a 1.604 acre tract abutting on the East. No noise -report is being submitted inasmuch as applicant has been advised by the Department of -Planning staff that no such report is required. Applicant is informed that no separate soil report will be required and that there are no moderate or severe soil limit-ations which affect the proposed storage facility. -The plot plan prepared by McRae & Short, Inc. contains the required soil information. Attached hereto is a list of the names and addresses of all persons owning property (surface) within 500 feet of the Briggsdale Grain, Inc. property other than properti-es within the boundaries of the town of Briggsdale. Attached hereto is the certificate of applicant's attorney setting forth the names and addresses of all persons claiming mineral interests under the property awned by Briggsdale gain, Inc. NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please -print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION II J. Lloyd Washhurn Route 1, Box lA _ 0545-28--2-00-022 Briggsdale, CO 80611 Daniel -E. & Grace -P. 31125 Weld County Road 91 0545-28=2-00-020 Davis Briggsdale, CO 80611 Cass Farms Co. 43251 Weld County Road 77 0545-28-0-00-020 Briggsdal-a, CO 80611 Joe Dennis & Florence 315 Main -Street 0545-28-2-00-010 M. Beal Briggsdale, CO 80611 Weld County P. 0, Box 0545-28-2-00-072 Greeley, CO -806,2 Dale W. & Nancy Fiscus P. 0. Box 56 0545-28- New Raymer, CO 8OT42 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property Briggsdale Grain, Inc. -- A parcel of land located In the West Half of the Northwest Quarter of Section 28, Township 8 North, Range 62 West of the £t-h P.M. , Weld County, Colorado (being more -particularly described on Exhibit I) 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 foregoingrinstrument was subscribed and sworn to before -me this —` day of ` , 1-93C,WITNESS my hand and /F\\afficia// l seal. My Commission expires: thy Commission Expires: Feb. 13, ,1,290 300 -Greeley National Plaza Greeley, CO 60631 Notary Public AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE EXHIBIT V Application No. BriSubject Property Halfgofdale Grain, Inc. parcel the NorthwestQuarterof land located in the Section28, Township8North, Range 62 West of the 6th P.M., Weld County, Colorado STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five -hundred (500) feet of the property -subject to the application. This list was tompiled 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 th applica ion submissio date / The foregoing instrument was subscribed and sworn to before me this 1'k day of , 19 WITNESS my handad- official seal. My Commission Expires: Feb. 13, !_994 My Commission expires: 300 Greeley National Plug' Greeley. SA J9Ni1 _ r ary lic EXERCISE OF OPTION Pursuant to the December 30, 1985 Lease and -Option Agreement between Briggsdale Grain, Inc. and J. Lloyd Washburn, Briggsdale Grain, Inc. , a Colorado Corporation, P. 0. Box 123, Briggsdale, Colorado 90611, hereby exercises its _option to acquire the real property described on the attached legal description signed by Charles P. Jones, Colorado Registered Professional Land Surveyor, #22098. Attached hereto is the $500.00 (Five Hundred Dollar) payment required to exercise the option. The balance of the option price ($500.00 per acre) shall be paid when Briggsdale Grain, Inc. _receives a signed General Warranty Deed from you conveying -said property. Briggsdale Grain, Inc. , acknowledges that all expenses in connection with the acquisition of the property which is subj-ect to the option are to be paid by Briggsdale Grain, Inc. BRIGGSDALE GRAIN, INC. By: STATE OF COLORADO ) as. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of June, 1986 by as of Briggsdale Grain, Inc. My commission expires: Witness my hand and official seal. Notary Public 514.16.0 UR%6iNM"- ARAC95D -ro 02(6 1.1P- PpoucRrro' RECEIPT The undersigned hereby -acknowledges 'rrceipt of the original of this document together with Briggsdale Grai-n, Inc. check # in the amount of $500.100 this day of June, 1986. J. Lloyd Washburn STATE OF COLORADO ) } ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of June, 1986. My commission expires: Witness my hand and official seal. Notary Public LEGAL DESCRIPTION A parcel of land located in the West Half of the Northwest Quarter (W= NW;) of Section 28, Township 8 North, Range 62 West of the 6th Principal Meridian, Weld County, Colorado and being more particularly described as follows: BEGINNING at the Northwest Corner (NW Cor) of said Section 28/ and assuming the North line of said Section 28 as -bearing North 89°40'52" East as indicated on Recorded Exemption 0545-28-2-RE-642, with all other bearings contained herein relative thereto; Thence North 89°40'52" East along said North line, 743.69 feet to the point of intersection with the Easterly Right-of-Way (-ROW) line of Weld County Road #392. Said point also being the Westerly ROW line of the abandoned UPRR ROW; Thence South 01°40'09" West along said Easterly ROW line of WCR #392, also said Westerly ROW line of the abandoned UPRR ROW (said line being 150 feet Westerly of as measured at right angles to the centerline of the main tracks), 612.00 feet; Thence South 8819'51" East, 150.00 feet to the TRUE POINT OF BEGINNING: Thence South 01°40'_09" West along the centerline of the abandoned UPRR ROW, 700.03 feet to the point of intersection with the Northerly line of the Town of Briggsdale extended Westerly; Thence South 89 42'30" East along said Northerly line extended Westerly, 100.03 feet to a point on the Easterly ROW line of said abandoned UPRR ROW; Thence North 01°40'09" East along said -Easterly ROW line, 697.63 feet; Thence North 88°19'51" West, 100.00 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 1.604 acres, more or less, and is subject to any rights-of-way or other easements as gr-anted or reserved by instruments of records or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE I hereby certify that this legal description was prepared under my personal supervision, and that it is true and correct to the best of my knowledge and belief. a •, je • 1 Charles B. Jone % Z-Za4$ doe ; e. Colorado Regis red -Pro '/ •onal % ' Land Surveyor #2209B � 4 �:• ' Project Number: 1985-243 `. tJ�__` WTS#85-533-01 - Date: December 19, 1985 JONES - WININGER & ASSOCIATES 217 13th Street Greeley, Colorado Afd0381y5 3 ' 0Q8 REC 02038135 01/06/86 ' - : 25 $6 . 00 1/002 F MARY ANN FEUERSTEIN CL. & RECORDER WELD CO, CO .WWar-airDeed THIS DEED is a conveyance of the I property described below, including any improvements and other appurtenances (the "property")from the individual(s),core tion(s),partnership(s),or other entitylies)named below as GRANTOR to the individual(s) or entity(ies) named below-as GRANTEE. The GRANTOR hereby-sells-and conveys the property to the GRANTEE-and the GRANTOR warrants the title to the property, except for(1)the lien of the general property taxes for the year of this deed, which the GRANTEE will pay(2)any-easements and rights-of-way shown of record(3)any patent reservations and exceptions(4)any outstanding mineral interests shown of record(5) any protective covenants-and restrictions shown of record,and(6)any additional matters shown below under"Additional Warranty Exceptions". J) The Specific Terms of This Deed Are: M Grantor: (Give names)and place(s)of residence: if the spouse of the owner-grantor is tinning in this Deed to release homestead rights.identify DO grantors as husband and wife.) NI v WILLIAM H. BLOSKAS and FLORIENE V. BLOSKAS N 1126 26th Street N Greeley, Colorado 30631 V � V Grantee: (Give name(s) and address(es), statement of address. including available road or street number, is required) s BRIGGSDALE DRAIN, INC. P.O. Box 123 ra Briggsdale, Colorado 80611 Form of Co-Ownership: it there are two or more grantees named,they will he considered to lake as tenants in common unless the words"in joint tenancy"or words of the same meaning are added in the space below) Property Description: (Include county and state.) .t, Sec attached legal description Slate Documt:a1ory Fee 4, Date _1—rD---c 6' ilir1 t) %$ 1/ 70 I . Property Address: Briggsdale,' Colorado 30611 Consideration: (The statement of a dollar amount is optional.adequate consideration for this deed will he presumed unless this conveyance is identified as a gilt, in any case this conveyance is absolute. basal and unconditional) One Hundred Forty Thousand and No/100 ($140,000.00) Reservations-Restrictions: (If the GRANTOR intends to reserve any interest in the prope'ty nt l oconvey less than be owns or if the 3RANTOR b. I restricting the GRAN TEE'S right in the properly, make ap propnate indication I rb a Additional Warranty Exceptions: (Include deeds of trust being assumed and other matters not covered above I it AT THE Tr "tit! IN- :cd o n ._ E.ecuted by the Grantor on - hNUhgl i- u Ig EL Signature Clause for Corporation.Partnership or Association: Signature Clause for lndtviduel(s : 7 Name of Grantor. Corporation. Partnership or Association William H. Bloskas Grantor By Floriene V. Bloskas Grantor By Attest: Grantor STATE OF CRLORADO I COLNTlLDFH w ELI I ss. T efooregomg instrumGt was acknowledged before me thus 2 ~t) day of =jArvVAP9 19 �� Bx':�a \,Aj i\l p41. --- le sVea a I IONItre V U, lbtkaS. ., • i k. imil*5 )Ziyffmad{arn�K�gifafc'ial esir. ` ir Q t •.o f t uruory Suite Soo Notary Pujalk ' STa.E OF &gas ISY !yA"/ro.v tc ✓4w to �' Cetiltk.O.F ,. •eat ss. me�Ca /�.� boG 9v The r.egeing tt9rument was acknowledged before me this day nl , 19 Loy - i•name ucivid.rai Grantor(s)or ILGrantor ie Corporation,Partnership or-Association,then identify signers as president or vice president and secretary or assists ht score.. rooration. or as partner(s) of partnership;or as authorized member(s)of association I WITNESS my hand and off lc..!seal. My comnllaaton earn: Notary Public 1961 update LEGAL FOAMS NO.201 r' PO 804 I e.t•()Mehl.Cotorad0 HOBS? (sirs. ,4n Iran 1j -,a"^,-. 2 -'1 98 "EC x „ c , ,, 86 0 : L , $6 . 01 2/0_02 F 0391 MARS NJ'EUERST£IN CLERK & RECr ;R WELD CO, CO PARCEL $ t A Fennel of land located in the West Half )f the Northwest Quarter (el NWI%) of Section 28, Township 8 North, Range 62 ;lest of the 6th Principal Meridian, Weld County, Colorado and being ta?ie r>,artleelee'_y described as follows: BEGINNING at the Northwest Corner (NW tee) of acid Sectier) 29 -and '. _assuming the North line of osid Section 28 e; baring N Beth rel°40'5?., East as indicated on Recorded Exemption 'Se4'.'..e-2...itr-•„;� . teibearings container -Herein rel e ive thereto; tl. t?1 pthe Thence North 8Q°40'-51" East .:long said I set e l ':et Tee h9 :lirt te thepoint _of intersection with the Ed!--toil , :l lynt- :t" rJV in:' ?e W'?' County Read -439.; Sairi point: also Loi„a '. h • 'v,e,..t tly Right-ci-•.ray line . of the abandonedUPRR Right-of-4;1y. (Rec. „6 feet, 11st) i Thence South 0140'69" West al-en, the Faeee -ty F,_tia line of V'CR -4392, also; the Westerly RCW line i_ f the abandeeee UPRR Rre., -612.06 feet tc the TRUE DoINT 8p BEGINNING; (lien. 612 feet South) , Thence continuing South 01°40'09" West along said Easterly ROW line of WC-R 6392, also the Westerly ROW line of the r,bondnrlee L'PRR ROW, 662.00 feet; (Rec. 662 feet South) , Thence South 88°19'S1-" East, 150.00 feet; (-Rec. 150 feet Ea_t) , o Inence North 01 ,40'09" Ease, 66200 feet; (Rec. 662 feet North) , Thence North 88°19'51" West, 150.00 test to the TIW POINT' OF BEGINNING. (Rec. 150 feet West) . to Said described parcel of land contains 2.,180 acres, , or Less, see ject to any rights--of-wey or other eases• ut a as granted or resee•.ed 'r Y by instruments of records or as now exir.tine yn said described parcel of- land. ; H . PARCEL fl e A parcel of land located in the hest Half of the Ncethhee 4 NSA) of Section 2:3, Township 8 North, Renee 62 West the* 6theclaci e ' Meridian, Weld County, Colorado and teeing mere p riactic,larly a;:r 6e6 ` follotrs: n3G110liliG a.. the ?1c.:Lhw->st Corner (nw C"i,r) .f said :cast i n B ri assaning the North line of said .Section 28 a ; bearing North 8% 4Clr Eutt se indicated on te_corded Exemption 0`:4'5-29-2-R2-°4J Wit:. 2.L ,4Q t'Y' bearings rontaint j herein rslstic•e tncr•, to; „Nsi ''_`Hence North _89°40'52" Gast along said Nertn line, 724.69 feel c-L 'r point of intersection with the -Easterly Ric;r-t-of--(try fine ere' Wal.a Cr;k4 Road 13.2. Said point also twiny the Westerly Ricca-c,f-Way line 'ol At}, ' ' abandoned UPRR :(iyht-vf--Way; (-Net. 73Ftere •sasee, Thence South Cl°=]0'09" West along said easterly ROW line ci C.t '3'rx,l; also said Woaterly ROW line of the abandoned UPRR -ROW (raid ditne‘1etli i• 150 feet Westerly of as measured at right ankles to the cet4 ctAi , the-main tr.r! s), 1315.64 feet to the print of intersection istiie; Northerly li.:u ci the Town of Brinysdale extended. Wes-tc1ymalt point being the -TP(UEi RAW OP BEGINNING; Thence contineinu -South 01°40'09" West along said Easterly' R0W 110 - 1 JCP 1392, also raid Westerly ROW line of the abandoned UPRW BON �•M4. lure ',sing ISO feet Westerly of as measured at right anglAte centerline of the main tracks) , 231.00 feet, (REC. SeUth 01 l i �, '?.%,' � 231 feet); Thence South 89°42'30" East, - tar l + 250.07 feet to a point cn . ehe 4akerlitie p. ROW line of t'xd rasndoned ROW of the UPPR (sai-d point being. 10C:f + Easterly of sr esa?.-ured ;5-t right anal ee to the cente -l' a Y ' ire of t, e nS A ,' t•-ac'-), (Pete'. Easterly, 250.9? feat, more or legs) ; , l Thence North 0t ':;J'09" East along the Easterly R^'A line of the fo-ndoned i'Li ! :); of the UPRR, eel ex) feet c the point o 2-1.. to,zee,t♦ ,7 .4-._5-1 ChM NOrf,het.ly Line th. -C; r, ')t 5-i; • > . 1 .,t F_rl" ,a,C. : firth 01 18' _ 1 1l �H -X�..II_le., �ih f :-e Werth ?°x )' 30 'gee! �L. 5-:.7 i , i , i ester iy )'�-...c7 . ?et tJ " , 1, C r t ':C C-Al:C:� : G- itilm;Atr-1. Said d,•, ritkt:! paLe A ee is sjb 1�ct t5-, right.:-ti) -- ,ay or „ •. , : .:r an a &0 reserved by inct i c'nt9 of ita.:lyde : , AS �. , ':, r Sat 5-:3 O lti tC Ce.l of la1 d. � � _. /6 491 B 1101 - ' 02041707 02/04/86 15 :-- rK2G41707 F 1926 tt2Y ANN FEIIERSTEIN CLERK & ,ECORDER WELD CO, CO c� �Wafiali Deed• THIS DEED is a-conveyance of the real property described below, including any improvements and other appurtenances (the "property")from the individual(s).corporation(s),partnership(s),or other entity(ies)named below as GRANTOR to the individual(s) or entity(ies) named below as GRANTEE.The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property, except for(1)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and rights-of-way shown of record(3)any patent reservations and exceptions(4)any outstanding mineral interests shown of record(5) any protective covenants and restrictions shown of record, and(6)any additional matters shown below under"Additional Warranty Exceptions". The Specific Terms of This Deed Are: Grantor: (Give namets)and placers)of residence;if the spouse of the owner-grantor is joining in this Oeed to release homestead rights,identify grantors as husband and wife.) J. LLOYD WASHBURN 315 Milton Briggsdale, CO 80611 Grantee: (Give natters)and addresses),statement of address.Including available road or street number,is required.) BRIGGSDALE GRAIN, INC. P.O. Box 123 Briggsdale, CO 80611 Form of Co-Ownership: IIt there are two or more grantees named,they will be considered to take as tenants in common unless the words"in joint tenancy"or words of the same meaning are added in the space below.) Property Description: (Include county and state.I See attached legal description RECORDER'S MEMORANDUM AT THE TIME OF RECORDATION, THIS IN- STRUMEWT WAS FOUND TO BE INADEQUATE FOR THE BEST PHOTOGRAPHIC REPRODUC- TION BECAUSE OF I,L&GI&LITY, CARBON 9R PHOTO COPY, DLSCC4DRED PAVER, ETC. Property Address: Briggsdale, CO 80611 Consideration: (The statement of a dollar amount is optional.adequate consideration for this deed will be presumed unless this conveyance is identified as a gift. in any case thisxonveyance is absolute. final and unconditional.) $250.00 (Two Hundred Fifty Two Dollars) Reservations-Restrictions: (It the GRANTOR intends to reserve any interest in the property or to convey less than he owns,or it the GRANTOR is restricting the GRANTEE'S right in the property, make appropriate indication.) NA n 0 a Additional Warranty Exceptions: (Include deeds of trust being assumed and other matters not covered above.) 5 NA s Executed by the Grantor on January , 19 86 to \\ Signature Clause fortorporation,Partnership or Association: Signature Clause for Individual(s): 1 ti Name of Grantor Corporation,Partnership or Association J. Lloyd Washburn Grantor "5,E•1 By Grantor By Attest' Grantor u y STATE OF COLORADO COUNivt QF yflD ) n.The f�,egom45Nsny anawas acknowledged before me this S_. day of January • t986 8tiL 0 9 - Jet tj yd4 hburn WIFNV6Semy hand'arlf Official seal. ) Mycommlabton aapwes; : � .,, , L- t., • A Rii STATE OF `(,'DL RAnO ) . ' Notary Public CCh21NTY OFWfD to" ) 55. • :. /. // The torescyngcr fl j*nt was acknowledged before me this -- t, day of January . 19 86 By• J. _Lloyd Washburn r•name individual Grantor(s)or if Grantor is Corporation.Partnership or Association,then identify signers as president or vice president and secretary or assistant secretary of corporation:or as partner(')of partnership:or as authorized member(s)of association.) WITNESS my hand and official seal. My commission-expires: Notary Public c 1081 UPDATE LEGAL FORMS NO.201 P.O.Box 1815-Greeley.Colorado 80632 (� -lA" -.. •,c, 1 13031356-1199 ATTACHMENT TO WARRANTY DEED from J. Lloyd Washburn to Briggsdale Grain, Inc. Dated January 20, 1986 • A parcel of land located in the West half of the Northwest Quarter NW 1/4) of Section 28, Township 3 North, Range -62 West of the 6th rPrincipal Meridian, Weld County, Colorado and being more _particularly described as follows: BEGINNING at the Northwest Corner (NW Cor) of said Section 28 and assuming the North line of said Section 28 as bearing North 89 degrees 40'52" East as indicated on Recorded Exemption 0545-28-2-RE-643, with all other bearings contained -herein relative thereto: Thence North -89 degrees 40'52",East along said North line, 734.69 feet to the point of intersection with the Easterly Right-of-Way line of Weld County Road 0392, said point also being the Westerly Right-of-Way line of the abandoned _UPRR Right-of-Way; Thence South 01 degree 40'09" West along said Easterly ROW line of WCR 9392, also said Westerly ROW line of the abandoned UPRR ROW (said line being 15D feet Westerly of as measured at right angles to the centerline of the main tracks), 1274.00 feet to the TRUE POINT CT BEGINNING; . Thence continuing South 01 degree 40'09" West along said Easterly ROW line of WCR' 9392, also said Westerly ROW line of the abandoned UPRR ROW (said line being 150 feet Westerly of as measured at right angles to the centerline of the main tracks), 41.64 feet to the point of intersection with the Northerly line of the Town of Briggsdale extended Westerly; Thence South 89 degrees 42'30" East along said Northerly line extended Westerly, 150.04 feet; Thence North 01 degree 40'09" East, 38.03 feet; Thence North 18 degrees 19'51" West, 150.00 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 0.137 acres, more or less, and is subject to any rights-of-way or other easements as granted or reserved by instruments of records -or as now -existing on said described parcel of land. B 1101 REC 02041707 02/04/86 15: 28 $-6. 00 2/002 F 1927 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO AKc'1161023 - B 1120 REC 2061023 07/16/86 14 : 14 $6. 00 1/002 F 0155 MAR. ANN FEUERSTEIN CLERK & R. ORDER WELD CO, CO --GWaratiOAr treed- THIS DEED is a conveyance of the real property described-below, including any improvements and other appurtenances (the "property")from the individual(s),corporation(s),partnership(s),or other entity(ies)named below as GRANTOR to the individual(s) or entity(ies) named below as GRANTEE. The GRANTOR hereby sells-and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property, except for(1) the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and rights-of-way shown of record(3)any patent reservations-and exceptions(4)-any outstanding mineral interestsahown of record(6) any protective covenants-and restrictions shown of record,and(6)any additional matters shown below under"Additional Warranty Exceptions". The Specific Terms of This Deed Are: Grantor. (Give name(s)and place(s)of residence;if the spouse of the owner-grantor is joining in this Deed to release homestead rights,identify grantors-as husband and wife.) J. Lloyd Washburn Stow Documentary Fee 313 Milton Briggsdale, CO 80611 • Dote )QQ�p-' Q-- • • • a_a�-V Grantee: (Give name(s)and address(es);statement of address. including available road or street number, is required.) BRIGGSDALE GRAIN, INC. • P. 0. Box 123 Briggsdale, CO -80611 Form of Co-Ownership: (II there are two or more grantees named,they will be considered to take as tenants in common unless the words"in Joint tenancy"or words of the same meaning are-added in the space below.) Property Description: (Include county and state.) See Attached Legal Description t. Property Address: Briggsdale, CO 80611 Consideration: (The statement old dollar amount is optional;adequate consideration for this deed will be presumed unless this conveyance is identified as a gift in any case this conveyance is absolute. final and unconditional.) $802.00 (Eight Hundred Two Dollars) Reservations-Restrictions: (If the GRANTOR intends to reserve any interest in the properly or to convey less than he owns,or if the GRANTOR D is restricting the GRANTEE'S right in the property, make appropriate indication I to N/A 0 0 4 Additional Warranty Exceptions: (Include deeds of trust being assumed and other matters not covered above I 5 c N/A E 3 0 Executed by the Grantor on July /7 19 86 b'1* . Signature Clause for Corporation,Partnership or-Association: Signature Clause for Individual(s): T 'W s / / ✓; Name of Grantor: Corporation,Partnership or Association �, C14Boy ash urn Grantor Z By j1 . aBy Grantor r . ,rGrantor x a ?�^N11 A • ' rA OF COLt��I00 ■ A III'I -•"• 1WECcLD, ) as. ly^9tmant'was acknowledged before me this / p • /', ay of July . t9 86 4 1. Llooy9d`Washburn a w ra1taye official seal. MY elpkse: �`� � � ' �� , STATEAF a. Nobly Public COUNTY-OF es. � '_77 d D / / The foregoing instrument was acknowledged before me this day of . 19 By• ('name individual Grantor(s)or it Grantor is Corporation,Partnership or Association,then identify signers as president or vice president and secretaryor assistant secretary-of corporation;or as partner(s)of partnership;or aaauthonzed members)of association.) WITNESS my hand and official seal. 4ary commission expires: Notary Public NO. •lest UPDATE LEGAL FORMS got (30)oy i at358-11 S-Greeley Colorado 60832 \� _, .�i 1303135e-1199 B 1120 AEC . J61023 07/16/86 14 : 14 _ $6. 04 2/002 -F 0156 MARY -ANN FIUERSTEIN CLERK & RECORDER MELD CO, CO Attachment to Warranty -Deed from J. Lloyd Washburn to Briggsdale Grain, Inc. dated July 14', 1986 A _parcel of land located in the Northwest quarter (NW►ANWh) of Section 28, ~Township 8 North, Range 62 West .of the 6th Principal Meridian, being more particularly _described- as follows : BEGINNING At the Northwest corner (NW Cor) of said Section 28, and assuming the North line of said Section 28 as bearing -North 89 °40 ' 52" East as indicated on Recorded Exemption 0545-28-1-RE-643, with all other bearings contained herein relative thereto; thence North 89 °-40 ' 52" East along said -North line, 734.69 feet - (Rec. 736 feet last) to the point of intersection with the Easterly Right-of-Way (ROW) line of Weld County Road 4392. Said point also being the Westerly ROW line of the abandoned IJPRR ROW; thence South 01'40 '09" West along said Easterly ROW line ofWCR 1392, also said Westerly ROW line of the abandoned DPRR ROW (-said line being 150 feet Westerly -of as measured at right angles to the centerline of the main tracks) , 612.-00 feet; thence South 88°19 ' 51" East, 150 .0-0 feet to the TRUE POINT OF BEGINNING; thence South 01°40 '09" West along the centerline of -the abandoned UPRR ROW, 700 .03 feet to the point of intersection -with the Northerly line of the Town of Briggsdale extended Westerly; thence South 89"'421-30" last along said Northerly line extended Westerly, 100.-03 feet to a point on the Easterly ROW line of said abandoned UPRR ROW; thence North 01°40 ' 09" East along said Easterly ROW line, 697. 63 feet; thence North 88°19 ' 51" West, 100 . 00 feet to the TRUE POINT CIF BEGINNING. tea 14.C•142.f . z .A., 2w _, 1 _1 , t'` tr) is m' 5 J • dg H 1/40 O O S U J N az 0 f 3 y un cc a o Z= g z .o ul -cc w a H 3 I cc 3 4S i �.� H CO >z O I 1 • ' w cp cc arc 0 CJ u. • _ I CL in d z I-- a Fa a S.S �" p] W • iJl ; i1AJ1il 4. 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AU o c cc m xo U) s (N„ Q� ru LL' au Wz v W FO) F • I H O u7 i= a o pr-, a0 ` C U ow w U Ill¢f U C� 'S y'l. ri 2 Luz w z li` a o z t) La lei z a DO v) w .o Willi 0 0 z2 wow 8 30g lit Q • - 5 • r t..- m C �d X r a PS Foto ant less 447446 't7'et2ne-CyrniSO(IIOSTdC NITURN RESEIPT 1 W = I U y a o ba 1 4 cal z 1 s 2 a 0 w o_ a w .f m cc W $ 5 W H y N LL w¢ q P4 ¢ a I P4 W 9 z V7 H ¢o_ y Z H ti W ,-. , Is) ¢ ¢ r] on in t e U c), CC LiT I1i 1 1am r� l'411 � i0 I r1/41 " a ci cc )6 S � O M O ... 3 I ti 11 �� o • 2 I. .. i r ri ,-rea- )a �TIie X d X ti ca PS Fennl Jll,JWy l988 44FeN � rTIER'M D0MC'RETURN RECEIPT -(.a H I t 9 �cn E I ul Q cy E 6� isE y ill 1 F 1 3 0� a s iii i3 $ z "� t I w N 1 W_ ,T W Z N in I u7 ru LL �z cn OH `O !m 1- x O (+N1 I !- ¢o C' H O p N H cc) W >¢ 3 z ,g ID i 3 H aOo 88 d" 0 U " W P, o0 0 ¢$ $ • 0 z jV 11 r9 0 z i U W rn U W D+ c0 O O z— u 7C, i_i41 0 1$ i O W Cm U W 2 - QQdii1 .'Iji R — WQd O OW WMJi ' 1cc O ado Wx I S� W U w 0•„u UTT-o661'O'd'C raId �IXaX ,: cd PS FINN 111,July 1988 44781 r�� ism RETURN RECEIPT II 1 1. ru LU LT w N 1- ¢o P4 2 c 2 a0 �(1 Luc Ln U o¢ a x 00 1 ~JjjpjIJJj" rq u. 6il ;z OH VQ, d 3 44 PS Funelll,JWy lees 447445 nfnlyr rgrfiagnic ocase IC RETURN RECEIPT Hello