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Home My WebLink About860468.tiff RESOLUTION :RE: APPROVAL OF USE BY SPECIAL REVIEW FOR FOUR AM 324 FOOT RADIO TRANSMISSION TOWERS AND TRANSMITTER BUILDING - MOUNTAINVIEW BROADCASTING (WOODY SUDBRINK) 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 14th day of May, 1986 , at the hour of 2 : 00 p.m. in the Chambers of the Board for the purpose of hearing the application of Mountainview Broadcasting (Woody Sudbsink) , 801 Southeast 6th Avenue, Suite 207, Delray, Florida 33444 , for a Use by Special Review for four 324-foot AM radio transmission towers and a transmitter building on the following described real estate, to-wit: The SWq NWa, Section 31 , Township 1 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, Section 2-4 . 4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the IBoard 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: Pi on ,/ 4/ &( - int-) -86-0468 Page 2 RE: USR, MOUNTAINVIEW BROADCASTING a. The proposal is consistent with the Comprehensive Plan policies in that the use does not infringe on the continued agricultural use in the vicinity or County. The _proposal does not appear to have any adverse impacts on the agricultural interests of the County or the environment. b. The proposal is consistent with the intent of the Agricultural Zone District because the request minimizes the land taken out of agricultural production and is provided for as a Use by Special Review. c. The activities proposed will be compatible with existing agricultural uses as well as with the future projected development in the immediate area. The future uses are intended to remain agricultural in nature. The intended proposal will not have any significant traffic impacts. d. The 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 fora Use by Special Review for four AM 324-foot radio transmission towers and a transmitter building 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 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. 8604-68 Page 3 RE: USR, MOUNTAINVIEW BROADCASTING The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of May, A.D. , 1986 . 44.�-/- BOARD OF COUNTY COMMISSIONERS ATTEST: 4Gni WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board Jacqueli nso , Chairman . Lac m eputy County Cl rk APPROVED AS TO FORM: Gene R. Br antner, C.W. County Attorney F ank Yamag i 860468 DEVELOPMENT STANDARDS Mountainview Broadcasting (Woody Sudbrink) USR-733 : 86: 16 1 . The Use by Special Review permit is for four three hundred twenty-four foot (324 ' ) AM radio transmission towers and a transmitter building as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2 . Within five working days after the construction of the towers is completed, they shall be marked and lighted to meet the Federal Aviation Administration identification requirements. 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 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 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 a17 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 . HEARING CERTIFICATION DOCKET NO. 86-33 RE: USE BY SPECIAL REVIEW - FOUR AM 324-FOOT RADIO TRANSMISSION TOWERS AND A TRANSMITTER BUILDING, MOUNTAINVIEW BROADCASTING (WOODY SUDBRINK) A public hearing was conducted on May 14, 1986, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman (Excused) Commissioner Gordon E. Lacy, Pro-Tem Commissioner Gene Brantner Commissioner C.W. Kirby Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Debbie Campbell Assistant County Attorney, Lee D. Morrison Planning Department representative, Gloria Dunn The following business was transacted: I hereby certify that pursuant to a notice dated April 28, 1986, and duly published May 1 , 1986, in the Johnstown Breeze, a public hearing was conducted to consider the request of Mountainview Broadcasting (Woody Sudbrink) for a Use by Special Review. The request is for four AM 324-foot radio transmission towers and a transmitter building. Assistant County Attorney, Lee Morrison, made the matter of record. Gloria Dunn, Planning Department representative, read the favorable recommendation of the Planning Commission into the record, said recommendation containing two Conditions and eight Development Standards. Jennifer Rodriguez, Planning Consultant with Rocky Mountain Consultants, of Longmont, came forward to make a presentation for the applicant. She said approval has been received from the Federal Aviation Association and Federal Communications Commission. Watt Hairston, Vice-President of Engineering for Sudbrink Broadcasting, who represented the applicant, came forward to answer questions of the Board. There were no comments from the audience concerning this request. After comments concerning Development Standard #2, Commissioner Kirby moved to approve the request of Mountainview Broadcasting (Woody Sudbrink) for a Use by Special Review for four AM 324-foot radio transmission towers and a transmitter building. Commissioner Yamaguchi seconded the motion and it carried unanimously. This Certification was approved on the 19th day of May, 1986. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTESTfil ��rJ WELD COUNTY, COLORADO Weld CountyCYLerk and Recorder EXCUSED DATE OF HEARING and Clerk to the Boar Jacque ine ohnson, hairman Ieputy County Cler1E or {iL cy, Pr m t.G.� Gene R. Brant er {Ap C.W. K' r Frank Yamaguchi f � TAPE #86-35 DOCKET #86-33 PL0044 471 /9 • ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : MAY 14, 1986 DOCKET # 86-31 SERVICE PLAN - BEEBE DRAW FARMS METROPOLITAN DISTRICT DOCKET # 86-32 USR-WET, OPEN-CUT SAND & GRAVEL OPERATION, REYNOLD HERBST DOCKET # 86-33 USR-RADIO TOWERS & RADIO TRANSMITTER BUILDING, MOUNTAIN VIEW BROADCASTING PLEASE write or print legibly your - name, address and the DOC # (as listed above) or the applicants name of the hearing you are attending. NAME //q / ADDRESS HEARING ATTENDING ?Alecto,ki,y{4 d.,72- i_z ,isii k,e),./4 (2-i! 1„7 .11(.02.../ All(.l "-7 �// .SAC L�/ 'C'tC f J/ / / ��,p_��- / �.J /I /0 �'y ,ff!r/ia /(f 7)t-ii l,�!'i.�;,,�ti',=��1 Vii:e.,) /"�l�•.?rX'r9s�'iNC. c am/ ere d /13Ni- FAA., ma c ,IJ /;4. /car 7A1/ Pout,' R. COQicel._ c'CiVNon,rad/ (6. .,4eni ( . &) c ....7Pia.s file-6vbioi. - -'",: re .,,, -. .// ,.. ) /Y,C1 i�1riL.---- co, "' ..... Vi. Do . Bo,r anti G/.e.s44.2 ,4e . , g- c, ( _ NO, corr it ,I.),401,-ID I-11.)PC; 2 Sao Gil• AisCvffDu49.?, uEiHtq, (_v , NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers o₹ 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 obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 86-33 Mountainview Broadcasting (Woody Sudbrink) 801 Southeast 6th Avenue, Suite 207 Delray, Florida 33444 DATE: May 14, 1986 TIME: 2:00 P.M. REQUEST: Use by Special Review - Four AM 324-foot radio transmission towers and a transmitter building LEGAL DESCRIPTION: The SW} NWT, Section 31, Township 1 North, Range 67 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: April 28, 1986 PUBLISHED: May 1 , 1986, in the Johnstown Breeze em e,,. h f AFFIDAVIT OF PUBLICATION Nodes Pursuant to the zo THE JOHNSTOWN BREEZE athe state of color a d the STATE OF COLORADO 1 o Public in ikisd1nance, I SS the Chambers Of'air held h COUNTY OF WELD 1 County Commbaionp ..ofyyeltl I, Clyde Briggs, do solemnly swear that I County, Colorado Wekf County Centennial Center 9t h am publisher of The Johnstown Breeze; Atrea{ Feet', Olsen ;}Manny that the same is a weekly newspaper Sues O. N the fimf ePecifletl. Interesttererlpin the arry.pv manner printed, in whole or in part, and published Revisor are requested rosaptend in the County of Weld, State of Colorado, end may be heam and has a general circulation therein; that Interested eppticaht or any said newspaper has been published presence of aaty desire the continuously and uninterruptedly in said make a record offeftrre sr to County of Weld for a period of more than rerbrA whiic.,will be cent ur to the riinng fifty-two consecutive weeks the heart y- prior to the the he n , the aerie.ro the first publication of the annexed legal notice ce can be contacted or advertisement; that said newspaper er has for a list of court reporters in the 1 f area If a coon reporter le obtained,the Clerk to the Board's been admitted to the United States mails as Office shall be advised In wrlting ' second-class matter under the provisions of of such action at least five da prior to the hearing.The cost ys of the Act of March 3, Ift79, or any en aging a court reporter eh ii beg Dome by the requesting- amendments thereof, and that said rhat the newspaper is a weekly newspaper duly text enALSO g KNOWN at by the qualified for publishing legal and Way County'Plannin Commis- qualified d advertisements within the meaning noticeso the office o t be examined In the office of the Clerk to the Board of laws of the State of Colorado. County Commissions located In the (Weld coonty Centennial That the annexed legal notice or advertise- Floor, 10th Streat, Third ment was published in the regular and Floor, Greeley, Coloreds entire issue of every number of said weekly DOCKET NO. 86-33 APPLICANT newspaper for the period of ...L.Mountainvlew Broadceatl consecu- tive insertions; and that the first 801 Southeastrn avenue publication of said notice Is in the issue t�l; Delay, suite 207 said newspaper dated$. ..L., A.D. Il,.t Florida 33444 and that the last publication of said notice DATE: May 14, 1988 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 transmission AM 324-foot radio rowers my hand,jhis day of _Sr and a transmitter building A.D: 19-gc NEGAL DESCRIPTION:The ip 1 NWyc. ion 31 Township 1 $9;%-.)North, Range 87 ly,eC of thebrad 8th SP.M„ Wald County, Colorado BOARD OF COUNTY Publisher COMMISSIONERS WELD COUNTY COLORADO BY: MARY ANN Subscribed and sworn to before me, a FEUERSTEIN Notary Public in and for (he f,0Uilty of COUNTY CLERK AND WCId, State of Coloradg, this 4 ', day of RECORDER AND CLERK 'Pit 6 TO THE BOARDSY: Mary DATED: April 28, 1986'PUB ff Deputy — stowED:May 1, 1986,in.the y��l � Gt• �7laeY'� Johnstown ` Breeze Notary Public. My commission expires My Commission Expires June 14, 1987 2 South Parish Avenue • Jahtrifrown, CO ...i,13 PUBLISHER'S AFFIDAVIT STATE OF COLORADO, Adams )ss. COUNTY OF Vi June do solemnly swear that I am the Publisher of The Brighton Blade that the same is a weekly newspaper published • NOTICE in the City of Brighton Pursuant to the zoning laws of the State of Colorado end the Weld County Zoning Ordinance,a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10111 'Street'First Floor,' County of Adams Greeley;Colorado,at the time specified. persona 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 re- State of Colorado,and has a general circulation porter to make a record of the Proceed- therein;that said newspaper has been published inga, In atltlRion to the taped record which will be kept during the hearing,the continuously and uninterruptedly in said Clerk to the Boarde Office Can be con tested for a Iist lat of of court reporters in the Adams • If a court reporter is obtained,the County of Clerk to the Board's Office shall be ad• vised in writing of such action at least . five days prior to the heeri shell a cost of by the• ng,a court reporter shall be borne by requesting party. for a period of more than 52 weeks prior to the BE IT ALSO KNOWN that the text and first publication of the annexed notice,that said Pmaps so certified by the be County.. newspaper is entered in thepost office at in thei o Commissionof the lerkmay the examined of inCounty u t Co mthe Clerk to the Board e Weld dty Commissioners,Lenten, located in the Brighton County td Floor,l Center,te .915 e. 10th Street,Tniitl Greeley,Colo. redo. DOCKET T: Moun6-33 tainview Suidbrtn , 601 Broad- casting, h(Woodyn Sude 0 ley, Colorado. as second class mail matter and that Foutda 33444 h Avenue,Suite 207,Delray, Florida the said newspaper is a newspaper within the DATE:May 14.1986 meaning of the act of the General Assembly of TIME:2:00 P.M. the State of Colorado,approved March 30,1923, REQUEST: Use by Special Review— and entitled"Legal Notices and Advertisements" - Four AM 324-foot radio transmission and other acts relating to the printing and towersLEGG and aAL DESCRIPTION: ION:: hg N The Tna 3W v. publishing of legal notices and advertisments; NW1/4, Section 31, Township 1 North,' that the annexed notice was published in the Range 67 West of the 8th P.M., Weld regular and entire issues of said newspaper, County,Colorado once each week, on the same day of each week BOARD OF COUNTY COMMISSIONERS for the period of WELD COUNTY,COLORADO BY:MARY ANN FEUERSTEIN 1 COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD consecutive insertions; that the first BY:Mary Re1ff,Deputy DATED:April 2a,1986 Published in the Brighton Blade publicatiootn of said newspaper dated First Publication:May],1888 Ma.L 7 , 1986.and the last publication of said notice was in the issue of said newspaper dated 19 / • L i' Signature and Title Subscribed and sworn to before me,a Notary Public,this 7th day of ay 986/,i CF/LC l /{ 1�.tee_- „'� - -Notary Public„, DATE: April 28 , 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 hearings for the 14th day of May, 1986 , at 2 : 00 F.M. Docket No. 86-32 - Reynold Herbst, USR-Wet, open-cut sand and gravel operation Docket No. 86-33 - Mountainview Broadcasting, USR- Four radio transmission towers and a radio transmitter building OFFICE OF THE LE TO THE BOARD BY: 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 ei • < Board of County Commissioners May 5, 1986 °'v{`T,,1 Debbie deBesche, Current Planner PI-C) USR-733:86:16, Mountain View Broadcasting Company Attached is a referral response from West Adams Soil Conservation District, for your review, regarding the above referenced Use by Special Review permit application. The staff will prepare a development standard for the Board of County Commissioner's hearing on May 14, 1986. a West Adams Soil Conservation District P.O. Box 296 - Brighton, Colorado 80601 - Phone 659-7004 April 21 , 1986 Ms. Debbie de Besche, Current Planner Weld County Colorado Department of Planning Services 915 10th Street Greeley, CO 80631 RE: Case Number USR-733:86: 16 Mountain View Broadcasting Dear Ms. de Besche: According to the Important Farmland Map for Weld County Colorado this is located on Prime Farmland. Should this request be allowed, the area should be reseeded to adapted grasses to protect the soil from wind or water erosion. The grasses to be seeded should be specified as well as time of seeding. Until the seeding is established it should be specified how the soil is to be protected from erosion. Sincerely, /;;inn-i//;z -- Oscar Haake, r. , President Board of Supervisors ID, 2.11,7A ,,,Iii.,17/ I 2 . l9E6 Weld Co. PlaimiK 6mmossial PC-t "``'r.0-1 CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT Summary of the Weld County Planning Commission Meeting April 15, 1986 Page 7 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. Paulette Weaver - yes; Ann Garrison - yes; Louis Rademacher - yes; Harlan Else - yes; Don Johnson - Yes, but he would like to see Route "C" installed rather than Route "L". Lynn Brown - yes; Doug Graff - yes; Jack Holman - yes. Motion carried unanimously. The Chairman called at recess at 3:55 p.m. The Chairman, Jack Holman, called the meeting to order at 4:05 p.m. NOTICE: Doug Graff asked the Chairman to be excused for the remainder of the meeting due to a previous appointment. CASE NUMBER: USR-733:86: 16 APPLICANT: Mountain View Broadcasting (Woody Sudbrink) �— REQUEST: A Use by Special Review permit for four (4) AM Radio Transmission towers and a transmitter building LEGAL DESCRIPTION: The SWiNW} , Section 31, TIN, R67W of the 6th P.M. , Weld County, Colorado LOCATION: East of Weld County Road 13 and north of Weld County Road 2 APPEARANCE: Jennifer Rodriguez, Rocky Mountain Consultants, represented the applicant. The property is forty acres two miles east of I-25 in the southern area of the County. They wish to place four AM radio transmission towers and a transmitter building on this property. Each tower will be three feet wide and three hundred and fifty feet tall. She presented photographs of Station WSIX, Nashville, Tennessee, to show what the towers would look like after they have been installed. The photographs were retained by the staff for evidence. They looked for a site which would satisfy FCC requirements. Also, there are no underground facilities in this area. Except for the small area where the towers will be sitting, this land will be undisturbed. They have reviewed the recommendations, conditions, and Development Standards as outlined by the Department of Planning Services staff and have no problem with this criteria. Walt Harriston, Mountain View Broadcasting Company, Nashville, Tennessee, explained why the four towers were necessary. Two of the four towers will be lighted according to FAA standards. Any time a tower exceeds two hundred feet they install temporary lighting until the tower is completed and permanent lighting is in place. The actual place of licensure will be in Thornton, Colorado. They will cover approximately one hundred miles in the 7.tai: .pia/.a/7 Summary of the Weld County Planning -Commission Meeting April 15, 1986 Page 8 • daytime and approximately fifty miles at night. This will be an unmanned site except for inspection twice a week by an engineer. 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 as outlined by the Department of Planning Services staff be dispensed with and that they be filed with the summary as a permanent record of these proceedings. NOTION: Harlan Else moved Case Number USR-73:86: 16 for Mountain View Broadcasting (Woody Sudbrink) for a Use by Special Review permit for four AM radio transmission towers and a transmitter building based upon the recommendations, conditions, and Development Standards as outlined by the Department of Planning Services staff and the testimony heard by the members of the Planning Commission. Motion seconded by Paulette Weaver. 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. Paulette Weaver - yes; Ann Garrison - yes; Louis Rademacher - yes; Harlan Else - yes; Don Johnson - yes; Lynn Brown - yes; Jack Holman - yes. Motion carried unanimously. CASE NUMBER: Amend USR-648:86:14 APPLICANT: Chris and Terrance Ammon and John S. Martinez REQUEST: Amendment to USR-648 to include horse boarding LEGAL DESCRIPTION: Part of the NW} , Section 21, TIN, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2.5 miles southeast of Dacono; north of Weld County Road 6 and east of Weld County Road 17 APPEARANCE: Jo Hayes, Realtor and Broker, represented the applicants. She stated this is a request to amend the original Use by Special Review permit to include the boarding of horses. The barns were constructed in 1973, and there are runs, etc. , already in place. The permitted use is for a sale barn and an arena. She has spoken to the State Engineer, Division of Water Resources, and there did not seem to be any objections in getting a commercial designation on the well. However, they have not received written confirmation yet. ,C, 3,3 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Harlan Else that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved+by�M1the Weld County Planning Commission that the application for: r-lr- , CASE NUMBER: USR-733:86:16 I APR 1 81986 NAME: Mountain View Broadcasting (Woody Sudbrink) �Il (5.'05 art_..__. ADDRESS: Suite 207 801 Southeast 6th Avenue, Delray Florickg,r_, _$34+Es€.Lo. REQUEST: A Use by Special Review -permit for four (4) AM 324 foot radio transmission towers and a transmitter building LEGAL DESCRIPTION: The SW} NW} Section 31, TIN, R67W of the 6th P.M. , Weld County, Colorado LOCATION: East of Weld County Road 13 and north of Weld County Road 2 be recommended favorably 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 proposal is consistent with the Comprehensive Plan policies in that the use does not infringe on the continued agricultural use in the vicinity or County. The proposal does not appear to have any adverse impacts on the agricultural interests of the County or the environment. - The proposal is consistent with the intent of the agricultural zone district because the request minimizes the land taken out of agricultural production and is provided for as a Use by Special Review. - The activities proposed will be compatible with existing agricultural uses as well as with the future projected development in the immediate area. The future uses are intended to remain agricultural in nature. The intended proposal will not have any significant traffic impacts. - The use by special review development standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. /=' Xi/i13:r )) USR-733:86: 16 Mountain View Broadcasting (Woody Sudbrink) April 15, 1986 Page 2 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 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. Motion seconded by Paulette Weaver. Vote: For Passage Against Passage Paulette Weaver Ann Garrison Louis Rademacher Harlan Else Don Johnson Lynn Brown Doug Graff 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 April 15, 1986, and recorded in Book No. X of the proceedings of the said Planning Commission. Dated the 17th day of April, 1986. \ mcA Bobbie Good t 's ^ rrn Secretary DEVELOPMENT STANDARDS Mountain View Broadcasting (Woody Sudbrink) USR-733:86: 16 1. The Use by Special Review permit is for four (4) three hundred twenty-four foot (324') AM radio transmission towers and a transmitter building as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Within five (5) working days after the construction of the towers is _completed they shall be marked and lighted to meet the Federal Aviation Administration identification requirements. 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. ADDITIONAL COMMENTS Mountain View Boradcasting (Woody Sudbrink) USR-733:86: 16 The Adams County Planning Department is expected to have a response by the Weld County Planning Commission hearing date. A portion of the site lies within a Geological Hazard Area, but does not lie within any subsidence area. 1,31 • INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number (0 ' c• _ , ��j2 Submitted or Prepared Prior to Hearing At Hearing 1. Applications-7)Pages .-- 2. Application plat(s) / page(s) ! 3. PPS Referral Summary Sheet 4. PPS Recommendation 5. DPS Surrounding Propery Owner Mailing List i 6. PPS Mineral Owners Mailing List 7. _71 DPS Maps Prepared by Planning Technician 8. DPS Notice of Hearing - 9. DPS Case Summary Sheet i . 10. DPS Field Check • 11. i , 12.E blEE- ..- /22 y - / n if Kr o, 1 b—lo o >2 1/ -i y, 6 -/ 7 Co,2 Y+ r a r )�-}*1.c .'Fi o h ri • 13- ft Pitt4.:' ;�� Jf 3 so, w5.5'l4Yt 1bt40-t,, 7 I4Ote/� zzA itsawi, y 'c2 J „�� 4 15. 16. 17. 18. 19. 20. I hereby certify that the items identified herein were submitted to the Department of Planning Servic s at or prior to the scheduled Planning Commission hearing. I further certify hat ese items wer forwarded to the Clerk to the Board's office on 19 Current Planner 442 STATE OF COLORADO ) ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS 1Q - DAY OF (1),_-\1-,,A 19 aL, , SEAL • NOTARY PUBLIC ` e;',, ;w. 1 EXH1e/7 A MY COMMISSION EXPIRES EXHIBIT INVENTORY CONTROL SHEET Case/e" Exhibit Submitted By Exhibit Description /7 yA. d/e rY/71 /, B. Wtaill)27LAC7 lAted,7702Clie , C. n247/227 / /yJt/J2 $722,O.frt 1 D. &Lie /t0.2 Wrie 24/21707 l` E. 44 T'� i?.?U/� /21 ' 1-e. ,o's?rrl sk �l /Y-c'dL� 7jZc�'eJ�l F. G. H. I. J. R. L. M. N. 0. Adams County -Planning and Development S, es Board of .,nty Commissioners Colorado 4955 East 74th Avenue Commisioners: Leo M. Younger,Jr. District 1 Commerce City.Colorado 80022 (303)287-5249 Steven E. Cramer District 2 Ronald D. Nichol District 3 April 16, 1-986 Debbie deBesche Department of Planning Services 915 10th Street Greeley, Colorado 80631 RE: Case # USR-733:86:16 Mountainview Broadcasting Company Dear Debbie: We appreciate the opportunity to review the above referenced case. We have no concerns regarding this case. If you have any questions, please feel free to give me a call. Sioncerely, `c 1,,;,..,i.c , LAmi, Ramsey A�Boehner II Development Review Section Enclosure: nw r �6 • .1 V/ De r 1:,,- :'. .1.- 1986 L • Neff Co. Planning cnminission 0 t ti O r r rt ro n • • n O n o 0 O • H ✓ H tC _o W 9 0X n O O O V r X In O H tD co E Cr) O to o+ H W O O N b1 U] V ti EXHIBIT / Z EXHIBIT E-2 MOUNT-AINVIEW BROADCASTING COMPANY PLAT OF PEROPOSED SITE GROUND SYSTEM SHALL CONSIST OF 120 EQUALLY-SPACED BURIED TRUE NORTH '110 SOFT-DRAWN COPPER WIRE RADIALS SURROUNDING EACH TOWER. RADIALS ARE TO BE 323 FEET (90° @ 760 KHZ.) LONG EXCEPT WHERE SHORTER DUE TO INTERSECTION WITH RADIALS OF ADJACENT TOWERS. INTf RS-ECTING RADIALS WILL BE BONDED TO TRANSVERSE STRAPS. 120 ADDITIONAL SHORT =RADIALS 50 FEET LONG WILL BE INTERSP€RSED SURROUNDING EACH TOWER BASE. ALL CONNECTIONS WIFHIN THE _GROUND SYSTEM SHALL BE SECURELY BRAZED OR SILVER SOLDERED. SW 1/4 OF NW 1/4 OF SECTION 31, TWP 1 N, RANGE 67 W \ PROPERTY BOUNDARY DRAINAGE DITCH .s...\\*----.----- o o m > 1 I \\\\\ 1 / // ...•m o m \ ..:2 NE a. �1 NW')- i.„: ::::.N.. o • w -.,..'"--- p o a _ m _ .. '. v Y J 3SE o \\\> \ / \ \ z ..,,,,,,...e.„, , ,/ % , w . //, at r PROPERTY BOUNDARY u ARRAY -CENTER GEOGRAPHIC COORDINATES: r LL. NORTH 40° 00 ' 33" WEST 104° 56' 21" V 6 ci- a SCALE -OF FEET -_306.98 TT/IN. A 100 200 300 400 500 600 700 600 -900 1000 1100 1200 1300 1400 1500 EXHIBIT E-10 MOUNTAINVIEW BROADCASTING COMPANY ANTENNA VERTICAL SKETCH OVERALL 5397 FT. AMSLi ' ...4„-- LIGHTING WHERE REQ' D. 3 ' 320 ' 4 ' PIER & INSULATOR 4 GROUND LEVEL 5Q7QtAMSL SKETCH SHOWS ONE OF FOUR IDENTICAL TOWERS PROPOSED. IT IS REQUESTED THAT MARKING AND LIGHTING BE REQUIRED ON NORTHWEST (#1) AND SOUTHEAST (#3) TOWERS ONLY . IF APPROVED, TOWERS #2 AND #4 WOULD REMAIN UNMARKED. +t`t r t,Nta.i i • ` t,{'ray, Pr, Y i$Cifs�:.-:;+.k3'�W...•.1PFtF�ld7fy. i'f Vii. 41 ,1 t ry •��•� t�. w ., 7‘.....,1 y i , kEXHIBIT E-12. :• ' ,� � ;•�,_ . MOUNTAINVIEN BROADCASTING CO. ,x*,, AERIAL PHOTOGRAPH OF SITE .f ei•t . "1, i• ,:R ;a 3 aii •"_ . y•7 .",..t."`,...1:.2.2,;.:19:41.: �x,.l- .. cj`a"--+v4 F` 1 it. i • I.4 ,T a t y • a' • r fie }• JJ ' x_.t lc ,.N. 1000 mV/m • ;�. " *� S..�.,T"A• h 6 67 1 i, . ` , `Z % •; NIGHTTIME / . - -t 'ytr , •Y S .+ 747:.7�r'1 ♦ Pti - a7-, .'t'+" �. . • +t •s µ , +4• 4.t� s to-41 .f , r w.' • +M'T e : 'tk •Yy�aY _. ,� A CIF' y• :,"—•••x a 7•S, `'.,'sr .„r0A. .\ "' .� i •I.gtr. i•t:_�. 4 3, .:;+ < ;.. 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RE- ' 'HI DI = - -1 ,r' : .', _ , JD --, , JR. *,_ n rel / DO NOT REMOVE CARBONS Colt �] Form Approved OMB No.2120-0007 V NOTICE OF PROPOSED CON5TR �on•alu7$turfy Number Federal i a n.r.°wlrlon UC:TiON OR ALTERATI(��IL 1INM_Fp•rs Aviation Adminlsal (� V O �j /1 / �/. 1.Nature of Proposal �(8 ,6 aL`' A Type B.Class2.Complete D.saldtion of Structure XI New Construction C.Woe Schedule Oates A include eflectiveredlaled 60 Permanent Beginning UPON FCC CP oifiedAM-FM,nadn«oadcytl 0 Alterationallestetint,prn this or modifiedAM,-FM, TV broadcast 0 Tampwary(Duration___months) End 12 MO AFT F R_C P ststwns utilizing this structure. 3A.Name and-address-of Individual,eompeny,-corporation,ete._proposlnp the a Include�•and cool wawn of construction or alteration.(Number,Street,City,State and Zip Code) 'g power tr•nsmianbn boss and tten supporting lowers In the vicinity of FAA facilities ( 615( 615)726-0329 '"d public "°°"•' Telephone Nunn C include information showing ells orientation,dimensions, woe coder- and construction materials of the proposed structure MOUNTAINVIEW BROADCASTING CO. C A. 760 KHZ . ATT'N. : MR. WATT HAIRSTON 5000 WATTS DAY, 10 MUSIC CIRCLE EAST 1000 WATTS NIGHT I NASHVILLE, TENNESSEE 37203 B. DNA a.Namt addre«and telephone number of proponent's representative II afferent than 7 above. B. SCOTT BAXTER (615) 373-0676 C. FOUR UNIFORM CROSS-SEC. , P. 0. BOX 413 GUYED STEEL TOWERS . BRENTWOOD, TENNESSEE 37027 SEE ATTACHED SKETCHES 4.Location Structure pine a space is required.continue on a separate sheet) Coare�na�« B.Newest cur a Town Slats 5.Height and.Elevation(Complete to me nearest loot) A.Ron«r«I second) C.Name of nearest airport,heliport,flight park A Clevanwn of site above mean sea level EASTLAKE, COLO, or seaplane base TRI-COUNTY 5070 Latitude 40 400 433 6 STATUTE Miles ttlneaaee�strunnnomy uctpaloeveslptlntol eHegaolesandi Structure including all 5 . 1 STAT. MI . pa w appurtenances ll«M lighting(II r/abova 104 1I f2)Wrecllon from structure to airport 327 Longitude5 6 'C 1 .:.OwrMl height Wove ocean sea level(A + B) D.Description of location of site withs respect 270° TRUE 5397 equivalent showing the relallortald of con to highways,to nearest airports,prominent space features.existing taestructures.a etc.Attachn U.S. .,and attach Survey quadrangle p construction elte to nearest alr°ort0).(it more pacela radar/AK osntMce on a separate sheet of POW end attach to Mee notion) mow EAST SIDE OF WELD COUNTY ROAD 4613 0 .6 MILE NORTH OF BASE LINE ROAD. SW QUARTER OF NW QUARTER OF SECTION 31, TWP 1 N, RANGE 67 E . Notice Is required by Pan 77of the Federal Aviation nepulatlons(PI C.F.R.Pan 77)ponuanf to Section 1101 old*Federal Avu,an Act of tg58,es smendeo(w U S.O.1101). M��nswho knowingly nd wennge,vily s:,the Section Notice requitement, imment,of Pen 77.,.sub/«f to a fine(criminal penelty)ot not more then 45W tor the first Offense and not more 9O2(e)of Me Federal Aviation Act of 10Sr,as emended(49 U.S.C.1472(ell I HEREBY CERTIFY that all of the above statements made by me re true,complete,and correct to the best of my knowledge.In addition,I agree to obstruction mark ander light the structure In accordance with established marking& --_�--— — a fighting standards If necessary. O•t. Typed Name/Title of Person Filing Notice v — 2-06- 1985 8 . SCOTT BAXTER/CONSULTANT Sign; FORFAA USE ONLY ,"'t'd;wf• • FAA wt.either return this tam or/sure a separate acknowl.dpefgant. The Proposal: Sapp ementel Note a CenaYuctlen FAA Form 74604 Is required any time the prolecl is*tendon;or ❑Does not require•rbtica to FAA. O A Meat II homebeen the Man ofoonetrtrctlon red ldantitteduanoWruCtMm taper )(thin b«drys after the nonetiuetln reaches Ms grains height, ' standard of FAIL Pert 77,Subpart C. and would not be•hoard to W aevgelon This determination ogres on t]leMlarntiltedurt obstruction tie the (a)extended,revised or termMrMed by tin of --- unbec •tandrdsd air obetu7,ionti h Se the sensitisation la eiiblect b ale horlty of IM Federal pcltGlbn c would let or•hazard to all .b to•Orptrlprbn palmed is rllade b Ilne FC(i an or before the Wove • in such e•IOrn the en {� Mph*an Medina psawbg by the FCC tot on live the Nair tarp catio,determ,:;•., : n y�lypr�aooWublbnMrltaB; - - � . . .. boaplaeontl ow.tructlorA tore tM.µs FOCrlsnlaatha•Dpr+tlbrF, ja pr FM NOTE Squeet foresiflasWMa perbdWpW z .sI .: 7A7 • M °h•o'•ft•I 9 .t. saingo sion..Mmearipl?rt.,„-p MandMarmnMm mw.t b.pq.Ugfkpdyr“i:, . to g,e . [2 ,.,;00,0„.4‘,, • x r cee.a alra"p""'al 'a um strudum N rayseA id. -' ... R¢fTtatia. / {, • My My!'I•I^o.wnonbagn roc..cow or wsnM.mnl,MtloRwitawubth.t Ag.'py 6w1o• . '4}'f. 4. r tort � s,�tt, 1- d .. .Cf"S.N 411;.',-.A.l..1,1-7'.:-‘Y., )m � ngA',.�i '4T• r -'4 ,ti ). at .�;, ��r D;tlll I R J• /,� t may,.:. FAA 74110.1(4-83)F. ..s.: ..r �P'. err'-.✓ 7r _ate hins SUPERSEDES PREVIOUS EDITION DONS REMOVE CARBONS Date: April 15, 1986 CASE NUMBER: USR-733:86: 16 NAME: Mountain View Broadcasting (Woody Sudbrink) ADDRESS: Suite 207 801 Southeast 6th Avenue, Delray Florida 33444 REQUEST: A Use by Special Review permit for four (4) AM 324 foot radio transmission towers and a transmitter building LEGAL DESCRIPTION: The SW} NW} Section 31, TIN, R67W of the 6th P.M. , Weld County, Colorado LOCATION: East of Weld County Road 13 and north of Weld County Road 2 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 proposal is consistent with the Comprehensive Plan policies in that the use does not infringe on the continued agricultural use in the vicinity or County. The proposal does not appear to have any adverse impacts on the agricultural interests of the County or the environment. - The proposal is consistent with the intent of the agricultural zone district because the request minimizes the land taken out of agricultural production and is provided for as a Use by Special Review. - The activities proposed will be compatible with existing agricultural uses as well as with the future projected development in the immediate area. The future uses are intended to remain agricultural in nature. The intended proposal will not have any significant traffic impacts. - The use by special review development standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. Cr 12 r 5,3 USR-733:86:16 Mountain View Broadcasting (Woody Sudbrink) Page 2 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: 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. DEVELOPMENT STANDARDS Mountain View Broadcasting (Woody Sudbrink) USR-733:86: 16 1. The Use by Special Review permit is for four (4) three hundred twenty-four foot (324') AM radio transmission towers and a transmitter building as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Within five (5) working days after the construction of the towers is completed they shall be marked and lighted to meet the Federal Aviation Administration identification requirements. 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. rcbP `''•1'. ADDITIONAL COMMENTS Mountain View Boradcasting (Woody Sudbrink) USR-733:86:16 The Adams County Planning Department is expected to have a response by the Weld County Planning Commission hearing date. A portion of the site lies within a Geological Hazard Area, but does not lie within any subsidence area. Cc°, s� LAND-USE APPLICATION SUMMARY SHEET Date: April 7, 1986 CASE NUMBER: USR-733:86: 16 NAME: Mountain View Broadcasting Company (Woody Sudbrink) ADDRESS: Suite 207, 801 Southeast 6th Avenue, Delray Florida 33444 REQUEST: A Use 'by Special Review permit for four 324 foot radio transmission towers and a transmitter building LEGAL DESCRIPTION: The SW} NWI, Section 31, TIN, R67W of the 6th P.M. , Weld County, Colorado LOCATION: East of Weld County Road 13 and north of Weld County Road 2 SIZE OF PARCEL: 40 acres, more or. less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services staff has -received a specific recommendation from the Federal Aviation Administration, a copy has been made a part of this land-use summary. The staff has not received responses from the following: - Adams County Planning Department - West Adams Soil Conservation District. The Department of Planning Services staff has not received any objections to this request. C47,0,":2 FIELD CHECK FILING NUMBER: USR-733:86: 16 DATE OF INSPECTION: March 28, 1986 NAME: Mountain View Broadcasting (Woody Sudbrink) REQUEST: 4 AM Radio Transmission Towers LEGAL DESCRIPTION: The SW} , NWi, Section 31, TIN, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Weld County Road 13 and north of Weld County Road 2 LAND USE: N Farmland E Farmland S Farmland W Residence and farmland ZONING: N Agricultural E Agricultural S Agricultural W Adams County COMMENTS: The site is currently cultivated farmland and grassland. There is not access to the site at the present time. Weld County Road 13 is a gravel surfaced road. 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'% - i��-�� V �� '( ' � I % � / � ;��- ° � �� `' '' ✓� "� � //�_ -': ; . .s-' ,�� i ,� ,- ~� / 5 �J / '- J. � � � � ��3��' � � � �� ,'__'� �% � � � n � � -� ��/'� _— �� ) � , . � � _� �� ;� � '� o _. a '_; — � > � / ( �J � � I / b ,f \ � � �� - �� b � i ..� �+'�P� �?_S-�- _ _ - n � 1 � ��. � � � �oo __ �i j I� ( ( � n � �-6�/� /fa.pt'�1 � II I .. ' � � \ .' i� -� . '_—�_ ' � ��\� � � � �/� p� . • � • . . . �\� .�ra5E RASF. . %� GC'J�� LINE%� - -T�sQN'�I. �CI� aOI�� E cr / • re 3/ • e 6e(( e YJ );f C REFERRAL LIST APPLICANT: Mountainview Broadcasting Company (Woody Sudbrink) CASE NUMBER: USR-733:86:16 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: April 4, 1986 NO SR NR NO SR NR County Attorney X West Adams Soil Conservation District Weld County Health Dept. P.O. Box 296 Brighton, CO 80601 R Engineering Department `/J X Brighton Fire District County Extension Agent c/o Kenneth Timmerman 425 S. Main Street Office of Emergency Mngmt Brighton, CO 80601 _ State Engineer X Harlen Else Division of Water Resources Weld County Planning Comm. 1313 Sherman St. , Room 818 815 Fulton Denver, CO 80203 Ft. Lupton, CO 80621 State Highway Department _ 1420 2nd Street Greeley, CO 80631 Colorado Department of Health _ Water Quality Control Division 4210 East 11th Avenue Denver, CO 80220 City of Greeley Planning Department 919 7th Street Greeley, CO 80631 _ Tri Area Planning Commission P.O. Box 363 Frederick, CO 80530 ^ �y X Adams County GGl . Sa`�� Planning Department a D 495574th Avenue Commerce City, CO 80022/ X Federal Aviation Administration % ,0 N�a, c/o Barbara Johnson , 10455 East 25th Avenue j Aurora, CO 80010 "}k�° NO=No Objection SR=Specific Recommendations NR=No Response k `4 ' DO NOT REMOVE CARBONS ( C CGic Form Approved OMB No.212O-OOO1 Aeronautical Study Number USDapartrment of TransportationNOTICE OF PROPOSED CONSTRUCTION OR ALTERATI8IU 11'+ L- NM- 0 �J rl 8 6 _OE Federal Aviation Administration Qv 1.Nature of Proposal 2.Complete Description of Structure A.Type B.Class C.Work Schedule Dates A include effective radiated power and assigned frequency of X1 New Construction Epermanent Beginning UPON FCC CP all existing,proposed or modified AM,FM,or TV broadcast ❑Alteration ❑Temporary(Duration months) End 19 Mn AFTFR CP stations utilizing this structure. 3A Name and address of Individual,company,corporation,etc.proposing the B.Include size and configuration of power transmission lines and their supporting towers in the vicinity of FAA facilities construction or alteration.(Number.Street,City,State and Zip Code) and public airports. ( 6 15) 726-0329 C.Include Information showing site orientation,dimensions. area code Telephone Number and construction materials of the proposed structure. I MOUNTAINVIEW BROADCASTING CO. -1 A. 760 KHZ . 5000 WATTS DAY, ATT'N . : MR . WATT HAIRSTON 10 MUSIC CIRCLE EAST 1000 WATTS NIGHT I NASHVILLE, TENNESSEE 37203 -I B . DNA B.Name,address and telephone number of proponent's representative if different than 3 above. C. FOUR UNIFORM CROSS-SEC. B . SCOTT BAXTER (615) 373-0676 GUYED STEEL TOWERS . P. O. BOX 413 SEE ATTACHED SKETCHES BRENTWOOD, TENNESSEE 37027 (if more space is required,continue on a separate sheer.) 4.Location of Structure — 5.Height and Elevation(Complete to the nearest loot) A Coordinates B.Nearest City or Town,and State C.Name of nearest airport,heliport,flight park, A Elevation of site above mean sea level fro nearest second) or seaplane base EASTLAKE, COLO. TRI-COUNTY 5070 (1)Distance from structure to newest point of B.Height of Structure including all LatK40 00 63 6 STATUTE Miles nearest runway appurtenances and fighting(if any)above 5 . 1 STAT. MI . ground,or eater if so situated 327 (2)Direction from structure to airport C.Overall height above mean sea level(A+8) 104 56 I 1 Longitude 270° TRUE 5397 D.Description of location of site with respect to highways,streets,airports,prominent terrain features,existing structures,etc.Attach a U.S.Geological Survey quadrangle map or equivalent showing the relationship of construction site to nearest airport(s).(if more space is required,continue on a separate sheet of paper and attach to this notice.) EAST SIDE OF WELD COUNTY ROAD # 13 0 .6 MILE NORTH OF BAS£ LINE ROAD. SW QUARTER OF NW QUARTER OF SECTION 31, TWP 1 N, RANGE 67 E. Notice is required by Pert 77of the Federal Ariatlon Regulations(14 C.F.R.Part 77)pursuanf to Section 1101 of the Federal Aviation Act of 1958,as amended(49 U S .1101). Persons who knowingly and willingly violate the Notice requirements of Part 77 are subject to a line(criminal penalty)of not more than}500 for the first offense and not more then$2,000 for subsequent of tenses,pursuant to Section 902(a)of the Federal Aviation Act of 1958,as amended(49 U.S.C.1472(a)) I HEREBY CERTIFY that all of the above statements made by me are true,complete,and correct to the best of my knowledge.In-addition,I agree to obstruction mark andlor light the structure in accordance with established marking& lighting standards if necessary. Date Typed Na erritie of Person FilAiX Notice c�gnhefe 2-06-1985 B . SCOTT BAXTER/CONSULTANT SCOTT FOR FAA USE ONLY - FAA will either return this form or Mau*a separate acknowledgement, The Proposal: Supplemental Notice of Construction FAA Form 7460-2 is required anytime the project is abandoned,or ❑Does not require a notice to FAA. O At least 48 hours before the start of construction, knot under XWKhin five days after the construction reaches Ks great height yetaentitandws tFARP obstructionrt 77, uSubpaner and would not be a hazard to ak navigation. This detemmnatlon expires on unieec',. ❑Vklentltletlu an obstruction ur,dertly (a)extended,redse or terminated by the I I pot atandarife of FAR,Pet TI, uncle t C.but W)the construction is subject to the r sing uthorlty of the Federal would not be a hazard to air navigation. for a conetrudlon permit b made to the FCC on or before the above N,s��p y1.- - �a� expires on the dateprescnbed by the FCC for completion of construction, the r' i TIllhi M ��yrulW the obswctbn�markM, ,,*f,- Y IWhtelper FM A0v Oar... NOTE Ragusa}for extension of the eftooKiw period of this determine!. ion m ; 48DI,Cnaptar(al�` �9 Issuing office al least 15 clays priorto the expiration data ¢.rr lihe+', t r.❑ObatmctIon marking arWlighting If the structuroN aranotneceesarki subject to the licensing autortlyof the FCC,a copy of this _ 4 Remarks: • i ` ,fir R r� - - 7 Wet4. oy c.QgP�811IIf jrl;6ot>fSSI0 �,wt FAA F rm 7460-1(4-83)SUPERSEDES PREVIOUS EDITION DO N,�l REMOVE CARBONS re: 7^e) DEPARTMENT OF PLANNING SERVICES PHONE 1303)356-4000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 Wilk COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on April 15, 1986 at 1:30 p.m. to review a request for approval of a Use by Special Review permit for four radio transmission towers from Mountainview Broadcasting Company (Woody Sudbrink) on a parcel of land described as Pt. SW} NW} of Section 31, TIN, R67W of the 6th P.M. , Weld County, Colorado, containing 40 acres, more or less. The public hearing xo be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on April 15, 1986. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, _Greeley, Colorado, - Phone - 356-4000, Extension 4400. Jack Holman, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by March 27, 1986. cTh Received b ( L Date: ° / 2t-VC/ /�� l MAILING LIST Mountainview Broadcasting USR-733:86: 16 Amoco Oil ATTN: Laura Luke P.O. Box 800 Denver, CO 80201 East West Investors 19 11th Avenue San Mateo, CA 94400 Duane & Bernice Kirkmeyer 1595 County Road 13 Brighton, CO 80601 D & F Associates c/o Ned Phye Jr. 717 17th Street, Suite 2400 Denver, CO 80202 Colorado Boulevard Industrial Ltd. c/o Colorado Management Ent. 1665 Grant Street Suite 12 Denver, CO 80203 Victo & Dorothy Jacobucci 5895 Weld County Road 2 Brighton, CO 80601 Wilbur & Donelda Rehfeld 1035 Weld County Road 13 Brighton, CO 80601 Joseph & Marcella Ronda 3680 E. 168th Avenue Brighton, CO 80601 Willaim & Mary Schwab 6010 Ivanhoe Street Commerce City, CO 80022 Albert & V. Sack Rt. 2, Box 220 Brighton, CO 80601 MAILING LIST Mountainview Broadcasting USR-733:8-6: 16 Page 2 Weld County Bette Rhoden Purchasing Department 915 10th Street Greeley, CO 80631 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or typ�— NAME ADDRESS, TOWN/CITY, STATE AND ZIP CODE ASSESSOR'S PARCEL 1 . Duane & Bernice Kirkmeyer 1595 County Rd. 13 NN ggzz II �—'— 11469�000�007oN d Brighton, Co. 80601 2. D & F Associates 717 17th St. , Suite 2400 146931000001 c/o Ned Phye Jr. Denver, Co. 80202 3. Colorado Boulevard rado anagement nt. 1665 Grant St. , Suite 12 146736000017 Industrial Ltd. Denver, Co. 80203 4. Victor & Dorothy _5895 Weld County Rd. 2 146736000012 Jacobucci Brighton, Co. 80601 5. Wilbur & Donelda 1035 Weld County Rd. 13 146725000021 Rehfeld Brighton, Co. 80601 6. Joseph & Marcella 3680 E. 168 Ave. 146725000036 Ronda Brighton, Co. 80601 7. William & Mar 6010 Ivanhoe St. 146725000047 Schwab Commerce _City, Co. 80022 8. Albert & V. Sack Rt. 2, Box 220 146931000003 Brighton, Co. 80601 9. Weld County Greeley Co. 80631 146931000002 SPECAL USE SUBMITTAL FOR MOUNTAINVIEW BROADCASTING COMPANY Prepared by: ROCKY MOUNTAIN CONSULTANTS, INC. 500 Coffman Street, Suite 107 Longmont, Colorado 80501 March 1986 '7,-;el Rocky Mountain Consultants, Inc. 500 Coffman Street, Suite 107•Longmont, CO 80501.(303) 772-5282 RIIIC Offices also located in Denver and Estes Park, CO •Denver line: 665-6283 March 11 , 1986 Ms. Gloria Dunn, Planner Weld County Planning Department 915 Tenth Avenue Greeley, CO 80631 Dear Gloria: The required submittal information and permit map for Special Use Review of the Mountainview Broadcasting facility is enclosed. A revised plan and report has been prepared for your review since a new site has been chosen for the broadcasting facility (formerly called Sudbrink Broadcasting). The new site is approximately 1 mile west and 1/4 mile south of the original location, more par- ticularly described as the Southwest quarter of the Northwest quarter of Section 31 , Township IN, Range 67 West. Twenty copies of the report and fifteen copies of the permit map have been pro- vided for agency review. The exhibits in the back of the report contain supple- mental information as outlined in the zoning ordiances for special use. If you have any questions regarding this submittal or require any additional information, please contact Jennifer Rodriguez or myself, at your convenience. Sincerely, ROCKY MOUNTAIN CONSULTANTS, INC. 4A1 t Audrey Walsh, Planner AW/cvr TABLE OF CONTENTS Page I. BACKGROUND INFORMATION AND EXISTING CONDITIONS 1 A. Proposed Use 1 B. Surrounding Property/Uses 1 C. Access, Traffic, Employees 2 D. Utilities and Fire Protection 2 E. Need for Proposed Use 2 F. Construction Schedule 2 G. -Reclamation 2 II. COMPREHENSIVE PLAN AND POLICY CRITERIA 3 A. Consistency with Comprehensive Plan 3 B. Compatibility with Surrounding Area 3 C. Compatibility with Future Land Uses 4 D. Hazard/Overlay Areas 4 E. Protection of Health, Safety, Welfare 4 EXHIBITS A. Title Commitment B. Surrounding property owners and affidavit C. Subsurface/mineral rights owners and affidavit ENCLOSURES Special Use Permit Map ( includes plot plan and vicinity map) F7CA__ .rye. I. BACKGROUND INFORMATION AND EXISTING CONDITIONS A. Proposed Use: Mountainview Broadcasting Company (formerly Sudbrink) proposes to install a broadcasting facility on the subject property. The AM station facilities include 4 (four), 324 foot radio towers, tuning cabinets adjacent to their bases, and a transmitter building. Associated ground radial wires and transmission and sampling lines will be buried below ground surface. The 4 towers are designed in a cluster, toward the southeast por- tion of the site. The minimum setbacks to the property line have been adhered to ( in this case _a minimum of 107 feet is required). The underground antennas, which transmit a high power signal , will lie approxi- mately 18" under the ground surface. This ground system shall consist of 120 equally spaced buried soft-drawn copper wire radials surrounding each tower. Radials are to be 323 feet long except where shorter due to inter- section with radials of adjacent towers. All connections within the ground system shall be securely brazed. A low profile building for the station' s transformers will be included on the site, however, there is no request for domestic water or sanitary sewer. A single-lane driveway will be constructed to this transmitter building from County Road 13, to the west. B. Surrounding Property/Uses: There are several farms surrounding the site which have been in production for a number of years. Most of the parcels adjacent to the site have oil/gas wells in one or more locations. One residence is located due west of the subject property; there are no other residences within a 1/4 mile of this site. -1- C -'"f' C. Access, Traffic, Employees: The only "structures" planned at this location are the 4 radio towers, and a transmitter building to house transformers. There will be very few vehicle trips to and from the site, for maintenance or facility checking only; an access road will be developed off of Weld County Road 13. In general , there will be no adverse noise, dust or traffic impacts created in the vicinity when the proposed use is in operation. D. Utilities -and Fire Protection: There are no water, sewer or storm retention facilities associated with this special use request. Fire protection will be referred to the local Rural Fire Protection District. Union Rural Electric Association has overhead electric lines to the north and west of the site, thus service to this site can be accom- modated, if requested. E. Need for Proposed Use: The AM broadcasting facility located in Weld County will allow Mountainview Broadcasting to bring a new AM station to the Denver Metropolitan Area (KMBO). As the population along the front range has grown, the demand for a diversity of radio broadcasting has increased. F. Construction Schedule: The construction will begin in June of 1986 and should be completed by October 1986. G. Reclamation: Once construction of the towers, ground system and transformer structure is complete, the site will be restored and seeded with a native grass mixture. Tr -2- .u;cu%: II. COMPREHENSIVE PLAN AND POLICY CRITERIA A. Consistency with Comprehensive Plan: The basic premise of the Weld County Comprehensive Plan is to achieve a balance of land uses in Weld County that serves both rural and urban needs. Further, the County' s Resource Management polities seem to support the location of -a broadcasting facility on land zoned agricultural in stating that ". . .commercial development that cannot reasonably be located in the existing municipalities will be allowed to locate in unincorporated areas." This same policy section discusses planned growth of agri- cultural areas in the following way. "Only those developments that do not contribute to water, air or surface pollution will be encouraged. " This site was chosen for the radio towers primarily due to the radio signal transmitting needs. AM stations using underground anten- nas need a relatively large tract of ground, preferably in a rural area, so that the towers can be located without height restrictions. B. Compatibility with Surrounding Area: The proposed broadcasting facility will have no greater impact on the surrounding land uses than those allowed by right in an Agriculture Zone as evidenced by the following•: 1) There will be little if any vehicular traffic to the site; 2) since there will be no water or sanitary systems associated with this use, there will be no demands or requests for water transfer and no odor impacts from septic systems; 3) there is no noise asso- ciated with this use; 4) aside from excavation for the tower piers and guy wire anchoring, no change in the land contours or drainage characteristics is proposed. During the construction of the broadcasting towers there will be some dust and noise from the equipment used to erect the towers, however, the developers will control dust from the site as needed. -3- r n The radio towers, although 324 feet in height, are very narrow towers with a maximum width of 3' at the base; thus views to the west will not be blocked. The existing oil/gas drilling rigs on surrounding parcels generate more activity for their operation than will the proposed broadcasting facility. E. Compatibility with Future Land Uses: It is unlikely that the surrounding property will be developed at urban densities due to 1) the numerous oil/gas leases scattered throughout the area; 2) the fact that all of the land is presently zoned Agriculture and; 3) there is no existing source for treated water or sanitary sewer in the area. Land use in the vicinity is primarily agricultural ; the site is not part of a designated wilderness area and the proposed operation poses no threat to the continuation or expansion of existing land uses in the area. The site is cleared and has been cultivated in the past. The proposed site was selected to meet service contour requirements, and for reasons of accessibility, aeronautical compatibility ( par FAA) and radio propagation characteristics. D. Hazard/Overlay Areas: The subject property does not lie within the Floodplain District, the Geologic Hazard Area nor the Airport Dverlay District. -E. Protection of Health, Safety, Welfare: In the Water Resource section of the Comprehensive Plan, there is emphasis on the policy that land use decisions must be viewed relative to their demands on water and the associated public costs for provision of water. Public costs should be minimized. The broadcasting facility will not require domestic water, and the radio business will add to the county' s revenue base. Furthermore, urban growth, and land uses which serve both the rural and urban areas of the county should take place with minimum impacts to the environment and with Economy in the provision of ser- vices. The proposed broadcasting facility accomplishes both of these plan intentions. "EXHIBITS" H 9P dVW swim'1 N> I r c,2h O 0. E. LI\ [ de { m • 'off/ lie'; �hO m M a S Iry O i g�\ Nl �? co. Z Z r ----.\�\ "Z S Q rJ g F ( 1 cn W V O El W 0 1O i CI Y a I ® '' 1 ; gyp.N` tl 1^0�-_-- w } 'k • I 9'/ ,J �' l K. V cr il r '; tJ w ` V U Z a D �� i �I >1� 1 I N Qa W O u m 8 1 l; 1 l Q Q z N a'o 1Ce II) / • NNE Op 1 I (T \DIQ (ki 10 O Q O (q @I VM g / 1 1 ICI �-. ® • f Q "Dz' -'I 3 o‘io00 • \I.a« \l rl Al ` `I Ni U �j h `� kI 1 --...____4613:).1":: _ e, O a J\1 -•h\ r } 11 .02 ; --� .1 ,n �ri 0 4 II hi I 1-5' r IN / 111 I ry 1 i. f , / ( ~ • F' h . p� Ol % 1.0±, _ 9 00 d: W S N 1 O I - C; AFFIDAVIT OF INTEREST OWNERS SURFAc STATE Application No. Subject Property Mountainview Broadcasting Company STATE OF COLORADO ) COUNTY OF WELD ) ss. THE UNDERSIGNED, being first duly sworn, states that to the best of ,s 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 submissio dat The foregoing instrumentwas subscribed and sworn to efore me this y day of c1 ± _CG,- 19 cc, WITNESS my hand and official seal. My Commission expires: r2/2_&151 C f a4fee-oCI Notar lic 14 ,.,. 3 NAMES OF_ OWNERS OF PROPERTY WITHIN 500_FEET P1-ease print ox type --- NAME ADDRESS, TOWN/CITY, STATE AND ZIP CODE ASSESSOR'S PARCEL 1 . Duane & Bernice Kirkmeyer 1595 County Rd. 13 1I46NTIpIC T ----_--_— 146930000�O�ON d Brighton, Co. 80601 •2. D & F Associates 717 17th St. , Suite 2400 146931000001 c/o Ned Phye Jr. Denver, Co. 80202 3. Colorado BoulevardColorado anagement n 1665 Grant St. , Suite 12 146736000017 Industrial Ltd. Denver, Co. 80203 4. Victor & Dorothy 5895 Weld Count Rd. 2- Y 146736000012 Jacobucci Bri hton, Co. 80601 5. Wilbur & Donelda 1035 Weld County Rd. 13 146725000021 Rehfeld Brighton, Co. 80601 6. Joseph & Marcella 3680 E. 168 Ave. 146725000036 Ronda Brighton, Co. 80601 7. William & Mar 6010 Ivanhoe St. 146725000047 Schwab Commerce City, Co. 80022 3. Albert & V. Sack Rt. 2, Box 220 146931000003 Brighton, Co. 80601 9. Weld County Greeley Co. 80631 146931000002 AFFIDAVIT OF INTEREST OWNERS MINERALS AND OR SUBSURFACE Application No. Subject Property Mountainview Broadcasting Co. STATE OF COLORADO ) COUNTY OF WELD ) ss. THE UNDERSIGNED, being first duly sworn, -states that to the test 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. 7 / e./1/1( (" . ' /-0{ The foregoing instrument was subscribed and sworn to before me this ff_ day of / 19 67(74 WITNESS my hand and official seal. My Commission expires: Notary Public COMMITMENT FOR TITLE INSURANCE ISSUED BY Transamerica Title Insurance Company AMOUNT PREMIUM Orr Land Company OWNER $ 110 , 000 . 00 $ 384 . 50 420 East 58th Avenue, #155 MORTGAGE $ $ Denver, Co. 80216 ADDITIONAL CHARGES $ Attn: Jack Orr COST OF TAX CERTIFICATE $ 5 . 00 J SURVEY COSTS• $ TOTALS $ Your Reference CC's To: No, 8D20541 TA Arvada/Allison Sudbrink Broadcasting Company of Other County No. 541 049 Sheet 1 of 6 Denver COMMITMENT TO INSURE Transamerica Title Insurance Company, a California corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon_payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the conditions and stipula- tions attached. Customer Contact: Allison/wlc By Wanda L. Calhoon Phone: 231-2890 AUTHORIZED SIGNATURE The effective date of this commitment is January 8 1986 at 00 A.m. At which time fee title was vested in: D & F ASSOCIATES , a General Partnership SCHEDULE A 1. Policies to be issued: (A) Owners': SUDBRINK BROADCASTING COMPANY OF DENVER, a Colorado General Partnership (B) Mortgagee's: srs/ a' x: rm No.C-142.1 Rev.7-1-81 8020541 Sheet 2 of 6 SCHEDULE A—Continued 2. Covering the Land in the State of Colorado, County of Weld Described as: The SWa of the NW; of Section 31 , Township 1 North, Range 67 West of the 6th P.M. Form No. C-142.2 B020541 Sheet 3 of 6 SCHEDULE A—Continued REQUIREMENTS 3. The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of clerk and recorder of the county in which said property is located. A. Partial Releast by the Public Trustee , releasing subject property from the lien of: Deed of Trust from D & F ASSOCIATES , a General Partnership to the Public Trustee of the County of Weld for the use of FIRST NATIONAL BANK , WESTMINSTER to secure $50 , 000. 00 dated June 20 , 1980 recorded June 24 , 1980 in Book 906 as Reception No. 1828228 NOTE: Assignment of Rents recorded June 24 , 1980 in Book 906 as Reception No. 1828289 , given in connection with the above Deed of Trust. NOTE : Agreement extending the date of payment of above Deed of Trust to December 24 ,'1984 , recorded August 20 , 1984 in Book 1040 as Reception No . 1978138 . B. Trade Name Affidavit or Partnership Agreement of SUDBRINK BROADCASTING COMPANY OF DENVER, a Colorado General Partnership, disclosing the names of the partners, and the other information required by ' 73 CRS 7-71-101 ( 1) ( 1) evidencing the existence of said partnership prior to its acquisition of title to the land herein. C. Deed, executed by the partners , from D & F ASSOCIATES , a General Partnership to SUDBRINK BROADCASTING COMPANY OF DENVER, a Colorado General Partnership NOTE : If this transaction constitutes the sale of the sole or major assets of the partnership, all partners must execute the above deed. NOTE: Trade Name Affidavit or Partnership Agreement of D & F ASSOCIATES , a General Partnership, recorded March 18 , 1980 in Book 898 as Reception No . 18198-97 , discloses that the following persons are doing business under said name : NED W. PHYE, JR. GERALD WOODWARD Form No.C-142.3 8020541 Sheet 4 of 6 SCHEDULE B THE POLICY OR POLICIES TO BE ISSUED HEREUNDER WILL NOT INSURE AGAINST: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, im- posed by law and not shown by the-public records. 5. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. 6 . Reservations made by the Union Pacific Railway Company in deed recorded July 16 , 1896 , in Book 149 , at Page 168 , weld County records, providing substantially as -follows: -Reserving unto said Company and its assigns all coal that may be found underneath surface of land herein described and the exclusive right to prospect and mine for same, also such right of way and other grounds as may appear necessary for proper working of any coal mines that may be developed upon said premises, and for transportation of coal from same. 7 . Right of way for county roads 30 feet wide on each side of section and township lines as established by Order of the Board of County Commissioners for Weld County, recorded October 14 , 1889 in Book 86 at Page 273 . 8 . Easement and right of way for Communication systems , as granted to American Telephone and Telegraph Company by Alexander Findlay in the instrument recorded December 24 , 1927 in _Boo:: 833 at Page 436 as Reception No. 527034 , affecting the following described property: Starting 186 feet east of U.P.R.R. right of way fence, then North 1 mile where it will join road `I 9 . Easement and right of way for Communication systems purposes granted to American Telephone and Telegraph Company by William John Findlay and Alice Findlay by instrument recorded April 1 , 1941, in Book 1077 at Page 25 , as Reception No . 869554 , in which the specific location of the easement is not defined . CF Form No.C-142.4 Rev.418-75 8D20541 Sheet 5 of 6 SCHEDULE B—Continued 10 . Oil and gas lease between Marie A. Findlay and Richard R. Findlay and Dan H. Sebastian, recorded May 7 , 1970 , in Book 625 as Reception No. 1546848 , and any and all assignments thereof, or interest therein. NOTE: Extension of the above Lease as Claimed by affidavit, pursuant to 1973 Colorado Revised Statutes, 38-42-106 , recorded by Amoco Production Company on January 15, 1975 in Book 730 as Reception No. 1652089 . 11. " The Thompson Ditch and right of way therefore as evidenced by instrument recorded -March 13 , 1975 in Book 735 as Reception No. 1655921 12: Easement and right of way for Pipeline purposes granted to Panhandle Eastern Pipe-line Company by Richard R. Findlay by instrument recorded July 2, 1975 in Book 742 as Reception No. 1664229 , in which the specific location of the easement is not defined 13 . Easement and right of way for qipeline purposes granted to Panhandle Eastern Pipeline Company by Richard R. Findlay by instrument recorded October 16, 1975 in Book 750 as Reception No. 1672404 in which the specific location of the easement is not defined. 14 . The Standley Lake Canals 1 and 2 and Big Dry Creek and right of way therefore as evidenced by map and statement filed March 24 , 1909 as Reception No. 139312 15. Undivided one-half (1/2) interest in all oil, gas and other minerals underlying said land, with right of ingress and egress to prospect for and remove the same , as reserved by Richard R. Findlay in the Deed to East West Investors , a California General Partnership, re- corded March 18 , 1980 in Book 898 as Reception No. 1819893 , and any and all assignments thereof or interests therein. 16. Easement and right of way for pipe line purposes granted to Panhandle Eastern Pipe Line Company, a Delaware Corporation by instrument recorded May 20 , 1980 in Hook 903 as Reception No. 1825309 in which the specific location of the easement is not defined. 1^.Sc.. C•:ice 8020541 Sheet 6 of 6 SCHEDULE B—Continued 17 . Easement and right of way for pipeline purposes, as granted to the City of Northglenn, a Municipal Corporation by D & F Associates , a General Partnership, in the instrument recorded August 31, 1984 in Book 1041 as Reception No. 1979732 , affecting the following described property: A 20 foot wide permanent easement in the North 50 feet of Section 31, Township 1 North, Range 67 West of the 6th P .M. , less the North 30 feet of County Road 44 right of way, and A 30 foot wide temporary construction easement abutting and parallel to the South side of the above described permanent easement as shown on the attached map marked Exhibit A. NOTE : . h following notices c.:!-s . : t be C.'S 9 -1. :- ,, 9J underground facilities have been filed with the Clerka - ,ecordnr, These statements are general and do not necessarily give notice of underground facilities within the subject property. ( a) ;fountain Bell Telephone Company, recorded October 1 , 1981, in Book 949 , as Reception No. 1870705 . (b) Associated Natural Gas , Inc. , recorded July 20 , 1984 , in Book 1037, as Reception No. 1974810 . (c) Colorado Interstate Gas Company, recorded August 31, 1984 , in Book 1041, as Reception No. 1979784 . (d) Panhandle Eastern Pipe Line Ccmoany, recorded October 1, 1981, in Book 949, as Reception No. 1870756 . (e) Union Rural Electric Association, Inc. , recorded October 5 , 1981, in Book 949, as Reception No. 1871004 . ( f) _Public Service Company of Colorado, recorded ::ove,.per 9 , 1981, in Book 952, as Reception No. 1874084 . (g) Western Slope Gas Company, recorded ;larch 9 , 1983 , in Book 990 , as Reception No. 1919-757 . (h) Western Ga-s Supply Company, recorded April 2, 1985, in Book 1063, as Reception No. 2004300 . Ci/. ":3 • Transamerica Title Insurance Company Arapaho-Douglas Latimer 2000 West Littleton Boulevard 151 West Mountain Avenue Littleton Colorado 80120 Fort Collins Colorado 80521 (303)795-4000 (303)493.6464 Denver-Adams Mesa 1800 Lawrence Street 531 Rood Avenue Denver Colorado 80202 Grano Junction.Colorado 81501 (303)291-4800 (303)234-8234 Boulder Pltkin 1317 Spruce Street 601 East Hooxins Street Boulder Colorado 80302 Aspen.Colorado 81811 (303)443-7180 1303)925-1786 Eagle Pueblo 0020 Ea91enioad 627 North Main Street Eagle-Vail Colorado 81658 Pueblo.Colorado 61003 (303)949-5613 7031543.0451 El Paso Routi-Jackson 418 South Weber Street 507 Lmcotn Street Box 113588 Colorado Springs Coiorado 80903 Steamboat Springs.Colorado 80477 (303)634.3731(303)B19-i8fl • • Jefferson Weld 1675 Carr Street 918 Tenth Street Lakewood.Colorado 80215 Greeley Colorado 80631 (303)231-2800 1303)352-2283 Transamerica Title Services CONDITIONS AND STIPULATIONS Please read carefully 1. This is a Commitment to issue one or more policies of title insurance in our Standard Form when the requirements set forth in the Commitment have been satisfied. The policy is available and should be examined before this Commitment is used if there is any question about coverage. 2. Only the policies shown are committed to. If there are any changes in the transaction, order an amendment from us. 3. The date on this Commitment is important. Nothing after that date has been considered by us. 4. This Commitment is good for 6 months only. Extensions should be ordered from us if they are needed. • (' a.s a r. I o I P z ate . h ¢ �zW C 1/410 z ET, o - % w y x W H O i .i 1j1 �S'r1• e •� \ .Q I-) M P7 • RECEIPT le 1 .... ': mit iiJth . 1 , N CN N p x o , cqpLP v� m ill a ii asmaseacsurrussitscsor - O I Is1 s ca 2 MI r a `o° I a C ` = m . cioc 9Ii1h yyy moo fry ',� o � • r '� O D � � 0 f 4 a . ^ z w � z aWx LL� ]ja}t s H " � ' rt d N I <. 16Y Q W Fcx'J 'g f CI PY!'NA�`Y�I is*O a -'" RECEIPT f f I a5 1 4 ..., I cr (x N 1,9 ."J O ul O ` w .4 H -a POo ors hH1 ' L_: o .. m s 4O liLn L., z z : " ► 1 xei its i 16 a Q 2___, __,__ Ps pinssplarhrrims aarirErwtr IIECEIPT BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO 666A M 9 P. 0. BOX 758 PM GREELEY, COLORADO 80632 litet P 3 ,0 896 112 § ip ru. _c intr) �/\ .4-9. \ w EAST WEST INVESTORS `j 19 11TH AVENUE m SAN MATED, CA 94400 m KO T URN REC'EIP'T - ` j( Y---iii '.L' IY � =:d r �nfr 11 MAY 1'21986 C , O Fg b�� Imo. t�,�,_yp_ ir- m H E cn cr. 0 ' I;'i$ Iii rii pa 47 en .1 �..I Ina y C C Si it W H W IflJ1jtn P r r c'D g I .kt: ! I �nt a �8 w ca PS Pons 8E11.July1E18 447416 onMEsi1C RETURN RECEIPT `` I U9 P°- _ m -____-w htr- ==t= i ' .,8 cr otwin s•,a zowo 4 I U Wb ,QIL' zEW-, W �q, t Hm g \ a cJoz ;. s i ; elicit 1 I i - i T 12 I 89 c4 O O 111 i l W o o PS Falls STi11,*Ay MSM741E �� 17 lfL�—`T" R RECEIPT J v(-.....4,1 : g W M • iy 41 en 4 II z ix o f OtS'it, 14 H c0 /, p+ t Hz C ❑❑ A W wwo8 sa M S� # 91J! in a4 I I 4 0 i i. ui X ri cc PS Farm 3E11.Ady 10.3 44T-E1G RETURN RECEIPT 6 I . i N w ' W a- 4+ b -E+ �fi Ilt f,Er _ 6 a0 i •.•: •;°' H 44 n pOp '� 5' ti v >+ H i UD+ H t + 4 tv" O a z in O ��*l I ' W W O ' i y 1- M W z w m I W z F w ,: f 1 ;# .' i.n. a i..« ' d i il 98b UA .7 N Y thIIII . ��11, : pzi h O.i `p ___ ..__ -'I', '7 P4 No i �O I (� 'thi1Jax ,Li `^ Ii � off Zalig 11 t4p19 P-, `, 0O O 7, OaOO r JIiiIki1 ! A2 n , i .'1 a a Q t H t(1 c.b LU ° ii U H L+I a �. SJ ON H ''d Lr U al H 21 N H W O.'i �M t S,m. R H CO O.'i yk `a Dxll W + l9 4 ■ f p ( t RI on 4 -D W D WO .h a , ti ' u- x Q¢ i III 1 X iF +r `}w W Oti P4 C40 I #1 p , 9r�., i W O III■■■��n,, O a "a....f+> :ry O Oa O '� ` mt . . qq ;k k ca a z a a �9 w e f9,aY w X BOARD OF COUNTY COMMISSIONERS 9 f ,F " a a 2 . WELD COUNTY COLORADOcir ' j ' err . P. O. BOX 758 GREELEY, COLORADO 80632 P 310 -897 0ELS . cat ' ,• ,- A { a H W Rt En HR fri COLORADO BLVD. INDUSTRIAL H w w - C/0 COLORAD MANAGEMENT E2 `" X E" 1665 GRANT ST. , SUITE 12 N . Z z `n en RN CC-L- a- td/ DENVER, 80103 m (U o p`EQUE5IEQ . 'n W a m H O , OOg " .. a U W - ao `oz O Z G.1 U U •ti q - Hello