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Home My WebLink About850794.tiff RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR HOG CONFINEMENT OPERATION - LARRY ZIMMERMAN 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 3rd day of July, 1985 , at the hour of 2 :00 p.m. in the Chambers of the Board for the purpose of hearing the application of Larry Zimmerman for a Use by Special Review for a hog confinement operation on the following described real estate, to-wit: Part of the NW' NWa NWa NE', Section 6 , Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, Section 24 .4 .2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, 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: 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 to not adversely affect the local economy or environment. 850794 Page 2 RE: USR - ZIMMERMAN b. The proposed use is an agricultural activity and is, therefore, consistent with the intent of the agricultural district. c. The uses permitted will be compatible with the existing surrounding land uses and with future development of the surrounding area as permitted by the Agricultural Zone District. d. No overlay districts affect the site. e. Use by Special Review Operation and Design Standards 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 a hog confinement operation on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2 . The prescribed Use by Special Review activity shall not occur nor shall any additional building or electrical permits be issued on the subject property until the Use by Special Review plat has been delivered to the Department of Planning Services Office and the plat has been recorded in the office of the Weld County Clerk and Recorder. 3. In the event the applicant chooses to utilize the commercial wells on the property as a water source, the applicant shall submit an augmentation plan acceptable to the Division of Water Resources. The plan shall be implemented prior to use of these wells in the proposed operation. A copy of the augmentation plan shall be submitted to the Department of Planning Services and included as a part of the Use by Special Review application. Page 3 RE: USR - ZIMMERMAN The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of July, A.D. , 1985 . /] '�6�ti BOARD OF COUNTY COMMISSIONERS (R.ATTEST:N-111 wv�'j WELD COUNTY, COLORADO • Weld County Clerk and Recorder . and Clerk to the Board J.:cqu_Z ine J son, Chairman EXCUSED B73L✓x�caJ a) Gene R. Brantner, Pro-Tem \ILY' D puty County l`rt'-11 J /j/ APPROVED AS TO FORM: C.W. K)irb .-. G rC--7' LIP --- r / County Attor ey Frank Yam chi OPERATION STANDARDS Larry Zimmerman USR-676 :85 : 19 1 . The uses permitted shall be a hog confinement operation as described in the application materials on file with the Department of Planning Services and subject to the Operation Standards listed herein. 2 . The proposed mobile home shall be limited to use in conjunction with the hog confinement operation. 3 . The applicant shall comply with the design standards for the Use by Special Review, Section 24 .5 et seq. , of the Weld County Zoning Ordinance. 4 . The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24 . 6 et seq. , of the Weld County Zoning Ordinance. 5 . Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Operation Standards stated herein and all applicable Weld County Regulations. 6 . The Use by Special Review area shall be limited to the plans shown herein and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 7. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. HEARING CERTIFICATION DOCKET NO. 85-43 RE: USE BY SPECIAL REVIEW FOR A HOG CONFINEMENT OPERATION, LARRY ZIMMERMAN A public hearing was conducted on July 3, 1985, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gene Brantner, Pro-Tem (Excused) Commissioner C.W. Kirby Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Debbie Campbell Assistant County Attorney, Bruce T. Barker Planning Department representative, Gloria Dunn The following business was transacted: I hereby certify that pursuant to a notice dated June 12, 1985, and duly published June 20, 1985, in the Johnstown Breeze, a public hearing was conducted to consider the application of Larry Zimmerman for a Use by Special Review Permit for a hog confinement operation. Chairman Johnson informed the applicant that there are only four Commissioners present today and in case of a tie vote, the absent Commissioner would have to review the record and listen to the tapes to cast the deciding vote. The applicant chose to be heard today. Bruce Barker, Assistant County Attorney, made this matter of record. Gloria Dunn, Planning Department representative, read the favorable recommendation of the Planning Commission into the record, and stated that there are seven Operation Standards and three Conditions proposed for this Permit. Jim Gilbert, representing the applicant, came forward to answer questions of the Board. There were no members of the audience who spoke in favor or against this request. Commissioner Kirby moved to approve the request of Larry Zimmerman for a Use by Special Review Permit for a hog confinement operation based upon the Planning Commission recommendation. Conunisioner Yamaguchi seconded the motion and it carried by a unanimous vote. APPROVED: / BOARD OF COUNTY COMMISSIONERS ATTEST WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Boar acqu ine Jo on, Chairman � sLRj EXCUSED eputy County C1 k Gene R. Brantner, Pro-Tem C.W. Ki - Th G r L `cy Frank amaguc TAPE #85-56 DOCKET #85-43 LHR 2265 ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : DOCKET # 85-38 - Amend Operation Standards , MS' Corporation DOCKET # 85-43 - USR, Hog confinement operation, Larry Zimmerman DOCKET # PLEASE write or print legibly your name, address and the DOC n (as listed above) or the applicants name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING 144- 2 LZZ E 7( f Gez.eir 147 AM-t, Pro boy 615 Flick-rogi 4.1z).2/7,{_e,-11 if72 e--_45 2,4 y/7 ,),..7/4-..ee , ?T/`7 ,?2 4„.,4 (030 1)c y_ 4! ra" — 3r �� 1, Go ?a63r M�Cdpcc- MILCIrc Icy ?,3 6 /(,t`S— vrz41cc'c, 5;r' 3W7 �. EXHIBIT INVENTORY CONTROL SHEET Case „ C -d�j�'jyyza", Exhibit SuSubmitted /By Exhibit Description �� / S712e/e719,4, VzSnai // / / /jB. //l% / yCZ pv r2[c Crr�'t, VH.7-4-ng2ez,-; Sr°.. C. Te i/JZl J- /v 471ze --4,30274W, reg/nZLJlI- C o7��Jz E. F. G. H. I. J. K. r M. N. O. „:» r f 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 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 certified court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 85-43 Larry Zimmerman 9191 Nelson Road Longmont, Colorado 80501 DATE: July 3, 1985 TIME: 2:00 P.M. REQUEST: Use by Special Review - Hog confinement operation LEGAL DESCRIPTION: Part of the NW} NW} NW} NE} , Section 6, Township 4 North, Range 68 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: June 12, 1985 PUBLISHED: June 20, 1985, in the Johnstown Breeze , -7 ' AFFIDAVIT OF PUBLICATION LOVELAND DAILY REPORTER-HERALD State of Colorado NOTICE Pursuant to the zoning taws of-vS Skate of.Colds- County of Larimer do and the Weld County Zoning Ordinances public hearing will be held hi the chambers of the Board of County Commissioners of Weld County.Colora- do, Weld County Ceritniai -Canter, a18.19th Street,First Floor,Greeley,Colorado,at the time I, Roger L. Morris ,do Specified.AR persons In any manner Interested In the Use by Special Review are regulated to attend solemnly swear that the LOVELAND DAILY REPORTER-HERALD is and may bollard. Should the applicant or any interested party desire the presence of a certified court reporter to make a a daily newspaper published in the City of Loveland, County of recordof the Proceedings,In addition htoe the taped neor0 lc?will% keg/dudrq the hearing,ths Lorimer, State of Colorado, and which has general circulation Cladl0e aDNpdOsq ifs tsa.Iftlfora Not opNtRfpoit remteWr.MeqaM therein and in parts of Larimer and Weld Counties; that said Ninon*,Iii yMelned, OleofteihectionaONbe- malf aesa04sd In t�qn'of eacp action at least- newspaper has been continuously and uninterruptedly published areurt reporter the Hof engaging •court shalt be borne by the requesting for a period of more than six months next prior to the first publica- Party.ALSOALSO KNOWN that the text*id maps so ocr- tion of the annexed legal notice of advertisement, that said tilled by tbs'Weld'cauMwASscning Cbmml•elon may be examined In the office of the Clerk to the • newspaper has been admitted to the United States mails as second- 'barn of-County Commissioners,located to the Weld County,Centennial Center,918 10th Street, Third • class matter under the provisions of the Act of March 3, 1879, or any DOCKET o; gaGreeley,Colorado.APPLICANT DOCKET NO.a• ' amendments thereof, and that said newspaper is a daily newspaper '' a1n Nelson Road ' Longmont,Cob.80501 duly qualified for publishing legal notices and advertisements •DATE:Julys,lie8 TIME:2:00 P.M. within the meaning of the laws of the State of Colorado; that copies REQUEST:Use by Special-Review— Hog confinement opendon - of each number of said newspaper in which said notice of advertise- LEGAL DESCRIPTION: Part ofthe NW%NW+A NW%NEI ,Section I. ment was published, were transmitted by mail or carrier to each of Township 4 North,Range 68 West of the 8th P.M.,Weld County,Colorado. the subscribers of said newspaper, according to the accustomed • BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO BY:MARY ANN FEUERSTEIN mode of business in this office. COUNTY CLERK ANDRECORDER AND CLERK TOTEM BOARD. That the annexed legal notice or advertisement was published in ._ BY:May Reiff,Deputy, DATED:Jcne 12.19 the regular and entire editions of said daily newspaper CXTRXxeXiXk Publish:Lowland Deily Reporter-Herald June 20,1981 XX MIX XXXX%ORXXIAXXXXX9( (XXI for the period of _ 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated June 20 , 1985 , and that the last publication of said notice was in the issue of said newspaper dated June 20 , 1s 85 Assistant Business Manager 7. 1 Subscribed and sworn to before me this 20th day of June ,1985 Notary Public R 84,0 0 t%OTARF 42 MY COMMISSION EXPIRES FEE$ 24 nn DECEMBER 16,1988 T. 727 .lrh AVENUE LONGMONT 7F pUOLtL O COLORADO 80501 2-1300-02 NOTICE Pursuant to the zoning lews of the State of Colorado t ;he Weld'Edonty-Zenr a.public heart wi :be' e' the-Chambers of the Beard.of County Commissioneree of Weld County, en n'nial Center, era* 10tX AFFIDAVIT OF PUBLICATION Street First Floor, Greeley, Colorado, at the time apedfled. All persons in any manlier Reerr3ssted inrequested tUse by Special THE JOHNSTOWN H N STO W N BREEZE and.may be heard. STATE OF COLORADO ) Should the applicant or.any ) SS interested party .desire . the COUNTY OF WELD ) reporter to make a presence of a certified court I, Clyde Briggs, do solemnly swear that I proceedings, in addition to o thethe am publisher of The Johnstown Breeze; taped record which will be kept that the same is a weekly newspaper during the hearing, the Clerk to the Board's office can be con- printed, in whole or in part, and published tacted for a list of certified.Court in the County of Weld, State of Colorado, reporters in the area If a court reporter is-obtained, the Clerk to and has a general circulation therein; that the Board's Office shall be advised-in writing of such action said newspaper has been published at least five days prior-to the continuously and uninterruptedly in said hearing. The cost of engaging a court reporter shall be borne by County of Weld for a period of more than the requesting party.' fifty-two consecutive weeks prior to the BE IT ALSO KNOWN that the text first publication of the annexed legal notice and maps so certified by the Weld County Planning Com- or advertisement; that said newspaper has mission ffiice of the Clerk to be he Board a been admitted to the United States mails as in County Commissioners, located second-class matter under the provisions of Center,Weld 5 10th 1 County Third the Act of March 3, 1879, or any 'Floor, Greeley, Colorado, amendments thereof, and that said DOCKET NO. 85-43 newspaper is a weekly newspaper duly Larry imr•LIC man T qualified for publishing legal notices and .. Longmont, Colo a191 ido,80601 oa advertisements within the meaning of the laws of the State of Colorado. DATE: July 3, 1985 That the annexed legal notice or advertise- TIME: 2:00 P.M. ment was published in the regular and RReview EQ ST- Hog by special entire issue of every number of said weekly operation confinement newspaper for the period of consecu- LEGAL DESCRIPTION: Part of tive insertions; and that the first the NWV4 NW'4 NW%. NEW, publication of said notice was in the issue of Section 6. Township 4 North, said newspaper dated C .-.''�„rrq.D, 19gc Range 68 Colorado t of the 6th P.M., and that the last publication of said notice County, Colorado BOARD OF COUNTY was in the issue of said newspaper dated COMMISSIONERS , A.D. 19 WELD COUNTY, In witness whereof I have hereunto set COLORADO • BY: MARY ANN my hand this .... day of ..Ts> , COUNTYFEU CLERK AND A.D. 195. RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Jerouy DATED: June 12, 1985 C14177Publisher PUBLISHED: June 20, 1925, in the Johnstown Breeze Zomhg - Subscribed and sworn to before me, a Notary Public in and for the County of - Weld, State of Colorado, this ,. lr.. day of U A .... A.D. 19e51.(/ . Via 1� � 'a-, , Notary Public. My commission expires My Commission Expires June 14, 1987' 2 South Parish Avenue Joliestown, CC) 9r;°:s4 / - DATE: June 12 , 1985 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 3rd day of July, 1985 , at 2 : 00 P.M. Docket No. 85-43 - Larry Zimmerman - USR, Hog confinement operation OFFICE OF THE CLE K TO THE BOARD //BY: i'/r4,4/ )" 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 r\ - NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use by Special Review are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a certified court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 85-43 Larry Zimmerman 9191 Nelson Road Longmont, Colorado 80501 DATE: July 3, 1985 TIME: 2:00 P.M. REQUEST: Use by Special Review - Hog confinement operation LEGAL DESCRIPTION: Part of the NW} NW} NW} NE}, Section 6, Township 4 North, Range 68 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: June 12, 1985 PUBLISHED: June 20, 1985, in the Johnstown Breeze EXff/8/T Summary of the Weld County Planning Commission Meeting June 4, 1985 Page 3 The Chairman called for discussion from the members of the Planning Commission. The Chairman asked the Planning Commission for their decision. Motion carried unanimously. MOTION: Sharon Linhart moved Case Number Amended USR-542:85: 16 for Associated Natural Gas, Inc. , to amend a Use by Special Review permit for the expansion of a natural gas processing plant be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations and conditions, as outlined by the Department of Planning Services staff and the Operation Standards as outlined by the Department of Planning Services staff and amended by the Planning Commission. Motion seconded by Jack Holman. 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. Sharon — yes; because she does understand the concerns of the citizens and she is certainly sympathetic to them. But this actually opens up a window of opportunity for us to require Associated Natural Gas to install noise abatement that we didn't have before. It is hoped that what we are doing will allow the company to offer an opportunity for economic expansion as well as benefit the citizens who live in the area. Jack Holman - yes; Louis Rademacher - No, because until they get this plant quieted down they should not enlarge their operation. Paulette Weaver - No, because as proposed she does not feel this is in the best interests of the health, safety, and welfare of the residents of the County. Bob Ehrlich - No. Motion is denied with two voting for the motion and three voting against the motion. CASE NUMBER: USR-676:85: 19 APPLICANT: Larry Zimmerman ��. REQUEST: Use by Special Review permit for a hog confinement operation LEGAL DESCRIPTION: Pt. NWZ NWT NW' NE; of Section 6, T4N, R6SW of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately seven miles west of Johnstown, west of Weld County Road 3 and south of Colorado Highway 60. ,c XH/B/7 Summary of the Weld County Planning Commission Meeting June 4, 1985 Page 4 APPEARANCE: Bill Warnock represented the applicant. This hog confinement operation has been in existence since about 1900. A recorded exemption has recently taken place on this property which now necessitates the applicant to apply for a Use by Special Review permit for the hog confinement operation on this five acres even though the number of animals will be reduced from two thousand to one thousand six hundred. The Chairman asked the applicant if they had read the recommendations, conditions, and operation standards as outlined by the Department of Planning Services staff. He stated they had and have no problem with anything as outlined. The Chairman called for discussion from the audience. Ray Deschant, surrounding property owner, reported the property at the present time does not have any hogs on it, so it is not a continuous operation. He also has objections to the possible odors that could arise from a hog confinement operation. Floyd Hale, previous property owner, explained his hog operation and the setup of the operation which has always taken place on this five acres even though it was part of the total farm. The Chairman asked Gloria Dunn to read the recommendation, conditions, and operation standards as outlined by the Department of Planning Services into the record. MOTION: Jack Holman moved Case Number USR-676:85: 19 for Larry Zimmerman for a Use by Special Review permit for a hog confinement operation be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation, conditions, and operation standards as outlined by the Department of Planning Services staff and the testimony heard by the Planning Commission. Motion seconded by Louis Rademacher. 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. Sharon Linhart - yes; Jack Holman - yes; Louis Rademacher - yes; Paulette Weaver - yes; Bob Ehrlich - yes. Motion carried unanimously. BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Jack Holman 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: WELD COIJWTP Cp+�t�l$c�QNF CASE NUMBER: USR-676:85: 19 Dn NAME: Larry Zimmerman JUN `11985 ! ytiTQ , ADDRESS: 9191 Nelson Road, Longmont, CO 80501 M U GREELEY. COLD REQUEST: A Use by Special Review Permit for a- hog confinement operation LEGAL DESCRIPTION: Part of the NWT NW' NWT NE1, Section 6, T4N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 7 miles west of Johnstown, west of Weld County Road 3 and south of Colorado Highway 60. 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. 1 et seq. of the Weld County Zoning Ordinance as follows: - 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; - The proposed use is an agricultural activity and is therefore consistent with the intent of the agricultural district; - The uses permitted will be compatible with the existing surrounding land uses and with future development of the surrounding area as permitted by the agricultural zone district; USR-676:85: 19 Larry Zimmerman June 4, 1985 Page 2 - No overlay districts affect the site; Use by Special Review Operations and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. The prescribed Use by Special Review activity shall not occur nor shall any additional building or electrical permits be issued on the subject property until the Use by Special Review plat has been delivered to the Department of Planning Services office and the plat has been recorded in the office of the Weld County Clerk and Recorder. 3. Tn the event the applicant chooses to utilize the commercial wells on the property as a water source, the applicant shall submit an augmentation plan acceptable to the Division of Water Resources. The plan shall be implemented prior to use of these wells in the proposed operation. A copy of the augmentation plan shall be submitted to the Department of Planning Services and included as a part of the Use by Special Review application. Motion seconded by Louis Rademacher. Vote: For Passage Against Passage Sharon Linhart Louis Rademacher Jack Holman Paulette Weaver Bob Ehrlich The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. USR-676:85: 19 Larry Zimmerman June 4, 1985 Page 3 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 June 4, 1985, and recorded in Book No. IX of the proceedings of the said Planning Commission. Dated the 5th day of June 1985, ate. o`ooa Bobbie Good Secretary OPERATION STANDARDS Larry Zimmerman USR-676:85: 19 1. The uses permitted shall be a hog confinement operation as described in the application materials on file with the Department of Planning Services and subject to the Operation Standards listed hereon. 2. The proposed mobile home shall be limited to use in conjunction with the hog confinement operation. 3. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 4. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 5. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Operation Standards stated hereon and all applicable Weld County Regulations. 6. The Use by Special Review area shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 7. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number )[5, 62& . is-; /9 Submitted or Prepared Prior to Hearing At Hearing 1. Application /9 Pages 2. V; Application plat(s) / page(s) 3. DPS Referral Summary Sheet i/ 4. DPS Recommendation 5. DPS Surrounding Propery Owner Mailing List 6. DPS Mineral Owners Mailing List 7. S DPS Maps Prepared by Planning Technician ✓ 8. DPS Notice of Hearing 9. DPS Case Summary Sheet ✓ 10. DPS Field Check � /� Oa-let - V 11. /,m 7 t — �/ ✓isio- . �/ f{CSOZULCIo 12. fe 4.4ar Gt e—Q 13. 14. 15. 16. 17. 18. 19. 20. I hereby certify that the /7 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further rtify that these items wer�y�rwarded to the Clerk to the Board's office on �-yt. 7 19 Q Current Pla _ner STATE OF COLORADO ) COUNTY OF WELD SUBSCRIBED AND SWORN TO BEFORE ME THIS 1 DAY OF nom, 19 %5 , SEAL fkiralit\CLc\OcA a . NO ARY PUBLIC 5,OO,3/7 4 MY COMMISSION EXPIRES -' 1959 LAND-USE APPLICATION SUMMARY SHEET Date: June 4, 1985 CASE NUMBER: USR-676:85: 19 NAME: Larry Zimmerman ADDRESS: 9191 Nelson Road, Longmont, CO 80501 REQUEST: Use by Special Reveiw Permit for a hog confinement operation. LEGAL DESCRIPTION: Pt. NWZ NWZ NWk NEB of Section 6, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 7 miles west of Johnstown, south of Colorado Highway 60 and west of Weld County Road 3. SIZE OF PARCEL: 4.61 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 Department of Planning Services has not yet received recommendations from the Weld County Health Department, the Division of Water Resources, City of Berthoud, and State Highway Department. The Department of Planning Services has received no objections to this proposal. FIELD CHECK FILING NUMBER: USR-676:85: 19 DATE OF INSPECTION: April 11, 1985 NAME: Larry Zimmerman REQUEST: Use by Special Review Permit for a Hog Confinement Operation LEGAL DESCRIPTION: Pt. NWT NWti NWti NE1 of Section 6, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 7 miles west of Johnstown, south of Colorado Highway 60 and east of Weld County Road 1. LAND USE: N Colorado Highway 60, cropland, residence E Cropland, 2 oil wells, 2 residences and pasture S Cropland W 2 residences ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Access is to Colorado Highway 60. The 4.61 acre Use by Special Review area contains an existing residence, barn, grain strorage bins and hog production facility. This parcel was recently split (May 1, 1985) from the surrounding 75 acres to the southeast. Eight residences are located within 1/4 mile of the subject property. By: Glor a . Dunn Curren Planner 5 7 °I 9 � "�-; • Si i v ..cruse.. h. b y-1 O l �� : ' I t•>- 1✓ •'; •u •%-..-'2 • !. /72 I• �° • ONNSrOWN # '• • I• 1EpN� r• 1- tl[�tl ��1� y% ° . °°a.m $ 65,-• �� il • •Z P J • • 'A �X• r., .• I't o-w I 4'®b 2 0 ••••••*. _ a — ^ y GFCIr fsrfNN b R . • - A\ ^�• .•• 4:n r ' n • ! .-._ 5 • • , •_ := 4.i{ 7Lb' M,i N I. a • O _ _ •- _ A• f5 • 1 Vpgl• P• OP ror I • del'vo . ire.In IT... `. •Y.° .•�• ' i• .%omY,°a▪ • Y�r n •• is i. •r� v s • . ir �• • °•• ° T4 N \•'Ei...k• •.o 5. °_ _.-- -•• !--4.---s__.'▪.�{• •L _ •• _ DENT �`eI: F.a .,1. N__sx. . CC 50 m •, x. x, �ES�T,O 5 „ ai• !.. i A,raor Q\ I, S ® A3 2 • ..4 ° I e• n j„ x. • 1� W - •! lil. =r • Y.uM 21k ! ' : ' I 1 • T • • • • • • �•-�/ .,,. ., ail _ • '-�,. ptll J,,f�y - ._._ • E•y� y , 1• :l 1 1 •An • ma /C •ar• . • MEAD 1' ! ••• /▪ • w . '\"'�J�/� ' • ,,,1111''' , ° ,. . 4 x Sh jl) •, it G ` , i. r� 1'4I4 :k ,_.5.• t) I•� Sx• 1• J T3N. • p2 - —• .•s . fkp;._ �• \ . •, 4..I.. ".A . 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O • 1 J li \I ,/r2,1(,) 1 �� "� OHO t ;.,e \ �I \ r h \ -—131 \, ( •�- - inrcc.,._-•"-,air V _ // 7- _ / ', j._ d ,„ 1 ------,„„,*\.i \ ) N / 5060 �� ' (:)r) ,/ ir . (I / ml aim y �5 ,,,c, / 1-4,0 4 ''' i 9 z /2, , 1 , ?, /(`�T( b J / � . t4 r s lilt l < emir -- —_ — SC9 .4 __ 5100.. - . 4' J Y F �/ II 6exeruoir -------__ � f Z/ \�� %/ �_ __='itV'el\� rz r 12 $\ II -> G - _ i�� ! 606 _ /1 '. .1 --- s� • ,ice 5002 t - --_-- a -_ — _ — L _ _ 'H4 r o _ tT - -—tl' UIJ I .\ � y t�, 96811 1b9r 1 � � \�� L '2 it •° , � C DEPARTMENT OF PLANNING SERVICES t `'r: �, „A ss PHONE(303)356-4000 EXT.4400 I .I 1 915 10th STREET 11 �� GREELEY, COLORADO 80631 ' �" Yom'` * :: ne- L ,�sr, :w Vl i f `•x10 h•'.• COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on June 4, 1985 at 1 :30 p.m. to review a request for approval of a Use by Special Review Permit for a livestock confinement opeation from Larry Zimmerman on a parcel of land described as Pt. of the NEti of Section 6, T4N, R68W of the 6th P.M. , Weld County, Colorado, containing 4.61 acres, more or less. The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631 , before the above date or presented at the public hearing on June 4, 1985. 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. Robert E. Ehrlich, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by May 23, 1985 Received by: 1 �7 Date: 5��U �Jy REFERRAL LIST APPLICANT: Larry Zimmerman NUMBER: USR-676:85: 19 SENT REFERRALS OUT: May 8, 1985 REFERRALS TO BE RECEIVED BY: May 24, 1985 NO SR NR NO SR NR County Attorney i/ X Little Thompson Water Dist. n strict 307 Welch Avenue X Weld County Health Dept. Berthoud, CO 80513 Engineering Department X City of Berthoud 328 Massachusetts Ave. 1// X County Extension Agent Berthoud, CO 80513 Office of Emergency Mngmt , X Jerry Ward Berthoud Fire Dept. X State Engineer P.O. Box 121 Division of Water Resources Berthoud, CO 80513 1313 Sherman St. , Room 818 Denver, CO 80203 ✓ X Ft. Collins Soil Conservation District X State Highway Department 2525 Redwing Road 1420 2nd Street Suite 25 Greeley, CO 80631 Ft. Collins, CO 80526 _ Colorado Department of Health ✓ X Home Supply Ditch Co. Water Quality Control Division c/o Delbert Helzer 4210 East 11th Avenue 1650 W. 8th Denver, CO 80220 Lakewood, CO 80537 City of Greeley Planning Department 919 7th Street Greeley, CO 80631 Tri Area Planning Commission P.O. Box 363 Frederick, CO 80530 X Louis Rademacher 13184 WCR 13 Longmont, CO 80501 Note to CAC: State Highway Department reviewed for recent Recorded Exemption application. NO=No Objection SR=Specific Recommendations NR=No Response A. COtO RICHARD D. LAMM �Q' O Governor �H • O JERIS A. DA sneer N '�\* p y* State Engineer ♦ M *1876 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 May 23, 1985 Ms. Gloria V. Dunn Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Zimmerman Hog Confinement Section 6, T4N, R68W Dear Ms. Dunn: We have reviewed the above referenced special use for a hog confinement operation. The application indicates that the property has historically been used and will continue to be used as a pork producing unit. The existing and proposed water supply is the Little Thompson Water District and by established wells. We feel the Little Thompson Water District is a reliable supplier and do not object if Little Thompson will continue to serve this development. We have insufficient information to comment on the existing wells. All wells used for commercial purposes are subject to the Revised Rules and Regu- lations for the South Platte River. These rules require all wells used for commercial purposes to be augmented. Our records do not indicate the above referenced wells are being augmented. We cannot recommend approval based on the commercial use of wells for this operation unless these wells are aug- mented. Sincerely, 'v Hal D. Simpson, P.E. Assistant State Engineer HDS/JRH:ma/4795H cc: Jim Clark, Div. Eng. Ijc)i^,a "4jPc,701 Jr L' 20 1985 "'Art en, Planning Commission APPLICATION USE BY SPECIAL REVIEW 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 J Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we), the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed Special Review Permit of the following described unincorporated area of Weld County Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: NE s Section 6 T 4 N, R 68 w LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Lot A Section 6 T 4 N, R 68 W Property Address (if available) 0522 East State Highway 60, Loveland, CO 80537 PRESENT ZONE FA( farming) OVERLAY ZONES TOTAL ACREAGE 4. 61 acres _ PROPOSED LAND USE continuing use of pork producing unit ' EXISTING LAND USE presently used as pork producing unit SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW: Name: Floyd and Mildred Hale Address: 2103 E. County Rd. 14 City Loveland, CO Zip 80537 Home Telephone # 667-5921 - Business Telephone # same Name: Address: _City Zip Home Telephone # Business Telephone # Name: Address: _ City -_ Zip Home Telephone # Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above): Name: Larry Zimmerman Address: 9191 Nelson Rd. City Longmont, Colo. Zip 80501 Home Telephone # 776-8664 Business Telephone # Same List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name:_ Floyd and Mildred Hale Address: 2103 E. County Rd. 14 City Loveland, CO Zip 80537 Name: Lessee: Skaer Enterprises, Inc. Phone: 669-6351 Address: 2707 S. County Rd. 11 City Loveland, CO Zip 80537 Name: Address: City Zip I hereby depose and state under the penalities of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD _) STATE OF COLORADO ) ' ( ,/ Signatu of Authorized Agent / »d Subscriber.] and sworn to before me this,Xvl day of � f 19 9,S—, SEAL Ste'XC1G'� C /I9"—e-G�. NOTARY PUBLIC l 2-3 My commission expires__ At 0+ , _ WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 Tenth Street, GREELEY, COLORADO 80631 RE: USE BY SPECIAL REVIEW IN THE NE*, SECTION 6, TOWNSHIP 4, RANGE 68 To whom it may concern: Tract A together with the improvements thereon has historically been used and it will continue to be used as a pork producing unit. The surrounding property is an agri- cultural use. The only residential structure within 500 feet of this property lies directly west and belongs to Joe Johnston. The pork producing unit will be owned and operated by Mr. and Mrs. Larry Zimmerman and they plan to operate the unit themselves. Water will be supplied from the Little Thompson Water District and by established wells. Additional water taps are available if needed from the Little Thompson Water District. Colorado State Highway 60 borders the property on the north. Vehicular traffic will consist almost entirely of pickups and medium sized farm trucks. Liquid sewage will continue to be contained in existing lagoons which have performed very satisfactorily for over 20 years and provision is made in the easement for periodic cleaning of the lagoons if that should become necessary. Solid materials will be stockpiled for future use on the adjoining agricultural land . We have an agreement with the adjoining farmer, Vern Johnson, to stockpile on his land. A copy of that agreement is enclosed. He is very agreeable so he can have the fertilizer for his agricultural fields. The pork producing unit has historically been used for up to 200 sows and a total of 2200 head. The new usage would be for a maximum of 160 sows, a reduction of 40 sows, and a maximum of 1600 head, a reduction of 400 head. This proposal is in compliance with the Weld County Comprehensive Plan since it is maintaining existing rural and agricultural uses in an area designated for such uses by the plan. This proposal is consistent with the intent of the agricultural zoning district since the agricultural use will remain. Since no uses will change on this property the existing agricultural and residential uses will remain compatible with the surrounding farms. The operation which is not being expanded has not created a problem in health safety of the inhabitants of the neighborhood and the county. All permitted uses will stay the same as before this exemption. Thus, the properties will remain consistent with all applicable land use plans and policies. Because no changes in use are proposed there will be no impacts of efficient and orderly development and the Little Thompson Water District will continue to service the subject properties as before. On site septic systems are existing. This said exemption property itittie-neckst-r-ustioR is not affected by a flood plain, geologic hazards and/or Weld County Airport overlay district. l --.7,,A„-,,, -J, 4A-Yr,_ -C--l /,,,-, �// �Z'"Y._L4_:.-r_. /ZZZZZ��/p . -�/ , _ �//� e!�iiz-t2s--e.._. 7f�.�7 .rc. � Z',^-.,c'G�j C?-c',c-__„„_,_.,..,z.e-z-Lrd- t Jam. -,/,'/A. , �/, et; ��"e c/_! (- / -21 p---17- ,ems, 47' 2 1.-1-c��-'�. rI-ti�E.-�.,C,E . .- t�� t 2.i7"L..L... (_ /_.t�1<'+'i'LO-,-<J" <� f( y <--1(_.-4::c i�--�.v_ 2 ' z (' ! c. l "c e "// l7 c!�vc'L,y` S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE 1?I)c ooa act._ __L..-_ R. 68 K/, i 2125000FEE yq"j„ M lorry f f yy2 ,xy x "'f 1,MYint,,YJ31 �{ .R s _Y iiiAii ) f '1°-. 1'4); "Y,: '',4-R 'f,\ "4 ,, -A .., i t Y YY :�' r r 'Pt `-'-iii''..'''.' s% ° 4, 1 C 1 gy fl e4:4, t�" fie"' . a'` ,, •Y/• ‘ t Y' t P H. }: r '6 IF, r ° i 1^'- *yyp $1 ..,,r.', L r1 9 ;. 1"(1`..-.� t . b ---c:. .- .,4 K W,- ,%... 41-:7,,,,-.r Y s LAItIIYIG C UN1'Y .1 /srt + ,F ,. y J 3 '4." x ii J, I h T � tr I > " µr 4 � (id �." � I6 4 4 q. tl W 3 ^A4 ,L4 4 S ! f : • ^U4 R S Li:ti, l ' , xr.v y , � " 42 'r ?7 1s 7*,4-.' as• µ'¢''P r ,.` l ��.. �� ( °''t [F` E 5yS 'TSM Yry Tb, �r y'` I' Sb t,tr. 42 q. �r 944, ��Yg� '` �p _:3y Clyy{ T 17 Yf' ,A"' +! r,, ter 16 s° u $,,.' S4 7i , .4 15 4,t; atq A, * pp� '+ y C 4, x 7d� 1 81 ,!6n ,, , t4 i. , r^" f" 1 ,,y; • _ 42 ;4 `�� x 0:1,-," .M f r12I ' * CE1,..I.7-3 1 .i4 -IR x1!11. n ':',-"4 t Kel'••�,°'4.- ,v 1� 'P MAov v pRa-14 M.. !-: a (;:.li - w j,i,st a, �•r� i nt water ° , 15 IP �1,a ,7" , § S4, y y A 1 4rC x `."4-., Derr'' , v f 16 y y Tr Vii,"^', �� •�`' E E 16 a• 17 •( 4rt, kce ; r ,� $, • ,j i#+ 7 ;y _ Lq, .�. CHEAT !WESTER Y ' SS .. "il$' ` ' , Ay r * O(4 * h1 9 N , .. J1�k4rw; 79 b`F' '3', g "'r' , 164. rvy wct t1F 82 wr.,ejT,$/ti s1 --4 , - HUMMEL 4 .5. } 42 81 82. 62 . 18 • • • NEWELL 7!,=„'i ti,' 17 42 1E u'kitr'¢C .w«. LAKE AaF °,. r rA i x, b4 t$a : y I 1• 1 ,. . �.1. r��a 2 82 15 .1.,i'• +�4 1 {jy r i A 9 _o- 25 .i',14'. 56 2' P i1y��„'- 53 78 15te e�' I6 n w Q n"t'A ,'£t`' ' X v . .ash — {td5' 1 42 T 15 {' 79 4se.. • 6Y • WELD COUNTY, COLO getation should be continued for as many years as getation have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian-olive, and ssible following planting. Trees that are best suited and ve good survival are Rocky Mountain juniper, eastern • hackherry. The shrubs best suited are skunkbush sumac, Icedar, ponderosa pine, Siberian elm, Russian-olive, and lilac, Siberian peashrub, and American plum. ckberry. The shrubs best suited are skunkbush sumac, Wildlife is an important secondary use of this soil. The -c, Siberian peashrub, and American plum. cropland areas provide favorable habitat for ring-necked Wildlife is an important secondary use of this soil. The pheasant and mourning (love. Many nongame species can pland areas provide favorable habitat for ring-necked he attracted by establishing areas for nesting and escape aasant and mourning (love. Many nongame species can cover. For pheasants, undisturbed nesting cover is essen- attracted by establishing areas for nesting and escape tial and should be included in plans for habitat develop- ter. For pheasants, undisturbed nesting cover is essen- .. ment, especially in areas of intensive agriculture. I and should be included in plans for habitat develop- This soil has fair to poor potential for urban develop- •nt, especially in areas of intensive agriculture. Range- Ir ment. It has moderate to high shrink swell, low strength, id wildlife, for example, the pronghorn antelope, can be k and moderately slow permeability. These features create meted by developing livestock watering facilities, problems in dwelling and road construction. Those areas .naging livestock grazing, and reseeding where needed. _ that have loam or sandy loam in the lower part of the fhis soil has fair to poor potential for urban develop- substratum are suitable for septic tank absorption fields ,nt. It has moderate to high shrink swell, low strength, and foundations. Some areas of this soil are adjacent to d moderately slow permeability. These features create streams and are subject to occasional flooding. The poten- .-in dwelling and road construction. Those areas tial is fair for such recreational development as camp and d have loam or sandy loam in the lower part of the picnic areas and playgrounds. Capability class I irrigated. )stratum are suitable for septic tank absorption fields 42—Nunn clay loam, Ito 3 percent slopes. This is a 3 foundations. Some areas of this soil are adjacent to deep, well drained soil on terraces and smooth plains at earns and are subject to occasional flooding. The poten- elevations of 4,550 to 5,150 feet. It formed in mixed allu- is fair for such recreational development as camp and vium and eolian deposits. Included in mapping are small, nic areas and playgrounds. Capability subclass Ile ir- long and narrow areas of sand and gravel deposits and ated, fIlc nonirrigated; Loamy Plains range site. }, small areas of soils that are subject to occasional flooding. '.l—Nunn clay loam, 0 to 1 percent slopes. This is a Some leveled areas are also included. ,p, well drained soil on terraces and smooth plains at -1 Typically the surface layer of this Nunn soil is grayish vations of 4,550 to 5,150 feet. It formed in mixed alto- g, brown clay loam about 9 inches thick. The subsoil is light in and eolian deposits. Included in mapping are small, brownish gray clay loam about 14 inches thick. The upper g and narrow areas of sand and gravel deposits and part of the substratum is light brownish :, K gray clay loam. all areas of soils that are subject to occasional flooding. The lower part to a depth of 60 inches is brown sandy ne small leveled areas are also included. loam. 'ypically the surface layer of this Nunn soil is grayish Permeability is moderately slow. Available water ,wn clay loam about 9 inches thick. The subsoil is light • capacity is high. The effective rooting depth is 60 inches ,wnish gray clay loam about 14 inches thick. The upper or more. Surface runoff is medium, and the erosion t of the substratum is clay loam. The lower part to a hazard is low. th of 60 inches is sandy loam. q In irrigated areas this soil is suited to all crops corn- 'ermeability is moderately slow. Available water monly grown in the area, including corn, sugar beets, racity is high. The effective rooting depth is 60 inches ' beans, alfalfa, small grain, potatoes, and onions. An exam- more. Surface runoff is slow, and the erosion hazard is ple of a suitable cropping system is 3 to 4 years of alfalfa • followed by corn, corn for silage, sugar beets, small grain, Phis soil is used almost entirely for irrigated crops. It or beans. Generally such characteristics as the high clay suited to all crops commonly grown in the area, includ- content or the rapidly permeable substratum slightly corn, sugar beets, beans, alfalfa, small grain, potatoes, restrict some crops. I onions. A n example of a suitable cropping system is 3 All methods of irrigation y, rLion are suitable, but furrow ir- 4 years of alfalfa followed by corn, corn for silage, pp: rigation is the most common. Proper irrigation water car beets, small grain, or beans. Few conservation prac- r management is essential. Barnyard manure :md cornmer- 's are needed to maintain top yields. cial fertilizer are needed for top yields. 111 methods of irrigation are suitable, but furrow ir- In nonirrigated areas most of the acreage is in small ation is the most common. Barnyard manure and com- �. grain and it is summer Billowed in alternate years. rcial fertilizer are needed for top yields. Winter wheat is the principal crop. The predicted average Vindbreaks and environmental plantings of trees and yield is 33 bushels per acre. If the crop is winterkilled, ubs commonly grown in the area are generally well spring wheat can be seeded. Generally precipitation is too Led to this soil. Cultivation to control competing low for beneficial use of fertilizer. etation should be continued for as many years as I. Stubble mulch farming, striperopping, and minimum til- ;sible following planting. Trees that are best suited and 4 loge are needed to control soil blowing and water erosion_ t i P ✓ ' • ' rocK. ./ F 1 9 , ;978 ht • (420 • ,1 .MAGI ANN r f ' CJ .� �Ar 1 i•�aJ�.l klni. FJ< I. ,... ._.1. 1 _ . _— _ HAROLD C. NA LI: and ANNA J. HALF: rX „'ho riches. I. 00J...2 East Ilighway GU, Loveland jt..',f.?+:. I .,,n“ „f Larimer e.`a "« ' Ccic rad., .r.t .. ••r ' far ,h.• rnn.,,I ntdai of : ' TEN DOLLARS and other valuable considerations , ,t . { • _ -Hmtar'in hand Mg1 ` I hrrrhv a.•II(al and 'poi .bt nu,al In I FLOYID C. HALL and M ILuhcb U. I AL1 ..1,•.. ',:.Ir..,4 ,.2103 .:dst County Road 14, Loveland .. Gam'; of Larimer . anti Scat.. of Colorado • the f,a,,,,onq real • . - I pro P..rtr. to the Coon:, of Weld . an-1 State ”r Colorado. to Tei:. y n4`•4e41 c' • The west BO acres of the Northeast Quarter of Section G, i Nadi--: Tcwnshin 4 North, Range (di West of the tith Y.M. ; r r SAM -•r Grantors reserve unto themselves and the survivor of them :• Y a life estate in and to the dwelling house located on the I a:.ove described propetly. SaV :�,S: ' ; This correction deed given to correct the description in '.:arranty Deed recorded in Book bib. Reception No. 155:364 • of the record:; of Weld County, Coloraao. . 1. The dwelling house reserved by the Grantors herein is no: ; located on the easement recorded in HOOK 7v1, reception • ^ly+ i r 4:: t H 1 +. ' with III its appurtenaueea ii- Ay. ln(v(, c 'may . 1I -at. .�•.-.-• :icned thia ILD day of November , 19 / 7 . r .i.hl,n Iiarold I lia le�•-_.f.. � r- rn•'.�0;•,. ,, ,.. . "Anna ,f. Hale I ,� 1 , STATE OF COLORADO, l . : IM. t . i County of Lai - 't \U I *'-i <A'•!� The foregoing instrument was acknowledged before me this i.'l Z4 '�a.i day of November . l? 77 , by ':.•..'....Z4.,:••,•,,,,.• ,(,i nT1 J Harold C. Hale and Anna J. Hale . , ^ + ^ - ' tr k'";:1'i v,w,� n '4.: II �t�eommi.;i•.nrspire. Vet. as VAak .a. '� N,:�t-.etat ': `• Witmer nJ hand and official seal • il t."Mgt? i• n.. 7 ,ll �� Il , t • _ .. v_,.,. rem. ` . : :I i .rA .w • , 0 1 • C�1 • ca , APR-•..}.4 197fi • .._..____.._.__..—..l.LiF.SHEtfE[.3L..aererder. • rill, DEED, Made lisle 13th dos of April .1176. between JOHN II. CHILSON and JUDITH K. CHILSON, • fleabane of and i Wife, of the y • Colorado,of the first part,and Larimer and"jar 'FLOYD C. HALE of the County of i Larimer and"at.of i Colorado,of thousand part, WITNESSETII.That the raid pert 1 es of the tint part,for and In consideration of the cum of ONE DOLLA 3 ($1.00) AND OTHER GOOD AND VALUABLE CONSIDERATION I to the 'aid of the fires -DOLLARS,— I part ies part In hand paid by the said party of the mcond part,the receipt whoreof Is hereby con limed and achno.edged, ha we remised, released, sold, conveyed and QUIT CLAIMED. end by i thew presents do remise, slew,sell,convey and QUIT CLAIM unto the said part y of the errand part, his heirs,surcerlore end assign.,forever,all the right, title, Interest, claim and demand which the said part ies of the first part have In and t.the following described lot or pared of lend agnate. lens and being In the County of WELD and Slate of Celende,to wit All of the Northeast Quarter of Section 6, Township 4 North, Range 68 West of the 6th P.M. lying West of the following described line: Commencing at the Northeast corner of said Section 6, Township 4 North, Range 68 West of the 6th P.M,; thence South 89059'48" West 1344.33' more or less to the True Point of Beginning; thence South 2037'40" East 2629.82' to the terminus of said line. ACTUAL CONSIDERATION LESS THAN $100.00. . . 4 TO HAVE AND TO HOLD the name,together with all and singular Om appunenaneea and privileged[hereunto belonging Cr In anywise limousineeppertalnlog,and all the estate,right,title,Intern'and claim whatsoever,of the l Isaid part ies of the first part,Wiser in law or equity, to the only proper ow,benefit and behouf of the said • Port Y of the second pert his heirs and assigns forever. I IN WITNESS WIIEREOP,The raid part ies of the first part have hereunto eat hei haa i eb and Mai 8 the day and year first above written. ..- l Tti Sind,Staled and Delivered In the Pnern or� JQI .,.H,....CRIL 14.._Husband__ (SEAL) r 1. cc.i.G...{.Let...F._j.,.;.L.l:.�nL!ia�.. (BEAU JUDI.TII...L._CHXL.SON,_,.Wife_,.._f s EALI • STATE OP COLORADO, / County of as it Larimer The foregoing Instrument we.acknowledged Wore am We / p J IX day of April _ IS76,bye John II. Chilson and Judith K. Chileon, Husband and Wife. ;•tyroJ6.telln.._Iee `$,f , --T 1177,wuneemyhanda.dernria'sa. 7 lI t� �o lyNlr�e• ) ,,".P Uet. , Qc I If of'to% __i, t atio4:1:•blf: •.6:71.::.7.7„-•• I•V M1•..r.rJ• •...tr. ::: �•M e,.ru):7='.."-;.* P.. ..r.e ,• I.,..1...... .1..Y:7'.......4; --.1:.....cil• .c ..L`,,..au Wave.a.W...rw..u+�u.W —rwu^a l'. .�. Ss.r,..1 '1''•.I!I,VI'Ir lL.ln n,ae 1 • • t¢i'793 aeeaed« .t_ °O_.•J.et`p •y _ • • i . toenth, N._."_1714835 UNIT ANN m em-mu • N 7 JOHN H. RAINS, JR. and PHYLLIS E. HAIRS,• • husband and wife • shoo,odds-we la • . Loveland • . Count?a Larimer ' ,and Etats of . / 1e and or the valuable considerations considerations TEN DOLLARS , •n ld • -DOW la had Feld, \ 1 benb7 sell(') sad quit.lsim(s) b ...• . .+ FLOYD C. HALE and MILDRED D. HALE, as Joint Tenants r--t idiom'Whims p 7103 East County Road 14, Loveland • Omar of arisen ,sad State of Colorado ,tie t a6eba reel • n property,la to, Oniat,of Weld e sad Stab of Colorado,b wLL: 0 o ✓Considering the North line of section 6, township • 4 North, Range 68 West of the 6th P.M., as bearing • N 89.59'48• E and with all bearings herein relative thereto: All of the Northeast Quarter of said See— d tion 6 lying west of a line which is described as follows: Commencing at the Northeast corner of maid Section 6, Township 4 North, Range 68 West of the 6th P.M., thence d 69.59'48• N 1344.33 feet to the true point of beginning, thence S 2.37'40' E to the terminus of said line, said terminus being on the south line of said Northeast Quarter. • • • with all Its sypvs tas.es • • 1 ' • • 8lssad tar /174 de la T.frr,mry 7 • atm M. Zia a, Jr. . a. Heua■ BTUTE OP 00L0R.ID0, Omar of Larimar • 44. The Ionianhutnusat was saknowld4ed before a.We /y"-- d•a .t P.sw. 1q"...-'L. • 1677 •by John H. Rains, Jr. and Phyllis E. Rains, husband and wife. k[7 eeomldn,.vpL.e. 5'&.. t 1-y, if Witness m7 bail so.:WW1 nal Kt nt aim awe s.ae`ea,..,..�.. —are"ease.p.-I-...are'bet r....a tuner. ar 17Y' MARNOCK RFAITx co/EST 1971 FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE (Remedies include Specific Performance) The printed portions of this form approved by the Colorado Real Estate Commission(SC 25-2-81) This is a legal instrument.lf not understood, legal, tax or other counsel should be consulted before signing, F_bruary 18 19 85 1.The undersigned agent hereby acknowledges having received from Larry J. Zimmerman and Caroline M, ZimmermaI the sum of$ 5, 000, 00 _.in the form of check in the amount of $2, 000.00; note for $3,000. 00 to be held by WartiOf k Realty_Co broker,in broker's escrow or trustee account,as earnest money and part payment for the following described real estate in the County of Weld Colorado to wit: A portion of land approximately 4 acres in the northwest corner of the northwest quarter of the northwest quarter of the northeast quarter of Section 6, Township 4N, Range 68 W. See Addendum for approximate boundaries, Legal description to be furnished from survey to be supplied by seller. All oil, gas and other mineral and mineral rights have been previously reserved. together with all easements end rights of way appurtenant thereto,end all improvements theron and all fixtures of a permanent nature currently on the premises except as hereinafter provided,in their present condition,ordinary wear and tear excepted,known as No. 05p22 East Highway 60, Loveland, Colorado and hereinafter called the Property, 2.The undersigned Slreel Address. person(s) Larr Zimmerman and y y J. Moline M. Zimmerman (as joint tenants/tfQ'r)hf'sfii$tfi )yI$, hereinafter called Purchaser, hereby agrees to buy the Property, and the undersigned owner(s), hereinafter celled Seller hereby agrees to sell the Property upon the terms and ' 'cond s staled he un. not 3.The purchase price shall be U.S.rtifi �2 U. 0,Fa able a llowe:d Z,000. QO check & $3, 000.00hereby receipted for; the balance by paying the $3, 000. 00 note plus $113, 500.00 in cash or certified funds at closing from the proceeds of a new loan. A //S ova /, Q.i(t-•4. Price to include the following personal property: As agreed with Floyd Hale, to be conveyed by bill of sale at time of closing in their present condition. free and clear of all personal property taxes, liens and encumbrances, except: and except any personal property liens in any encumbrance specified in paragraph 12.The following fixtures of a permanent nature are excluded from this sale: 5. Price to include the following water rights: 6.If a new loan is to be obtained by Purchaser from a third party,Purchaser ogres to promptly and diligently(a)apply far such loan,(b)execute all documents and furnish all information and documents required by the lender,and(c)pay the customary costs of obtaining such loan.Then if such loan is not approved on or before April 15 , 19 85 ,or if so approved but is not available at time of closing. this contract shall be null and void and all payments and things of value received hereunder shall be returned to Purchaser. 7.If a note and trust deed or mortgage is to be assumed,Purchaser agrees to apply for a loan assumption if required and agrees to pay(I)a loan transfer fee not to exceed$ N/A and(2)an interest rate not to exceed_. N/A % per annum.If the loan to be assumed has provisions for a shared equity of variable interest rates or variable payments, this contract is conditioned upon the Purchaser reviewing and consenting to such provisions. If the lender's consent to a loan assumption is required, this contract is conditioned upon obtaining such consent without change in the terms and conditions of such loan except as herein provided. 8. If a note is to be made payable to Seller as partial or full payment of the purchase price, this contract shall not be assignable by Purchaser without written consent of Seller. 9.Cost of any appraisal for loan purposes to be obtained after this date shall he paid by purchaser 10. An abstract of title to the Property, certified to date. ore current commitment for title insurance policy in an amount equal to the purchase price, et Seller's option and expense, shall be furnished to Purchaser on or before April 15 , 19 85 . If Seller elects to furnish said title insurance commitment,Seller will deliver the title insurance policy to Purchaser after closing and pay the premium thereon. 11.The date of closing shall be the date for delivery of deed as provided in paragraph 12.The hour and place of closing shall be as designated by War11Qc " ea ty CO. 12.Title shall be merchantable in Seller. except as stated in this paragraph and in paragraphs 13 and 14. Subject to payment ur tender es above provided and compliance by Purchaser with the other terms and provisions hereof.Seller shall execute and deliver a good and sufficient _ general warranty deed to Purchaser on May 1 , 19 8D ,or,by mutual agreement,at an earlier date,conveying the Property free and clear of all taxes.except the general taxes for the year of closing,and except none -- ; free and clear of all liens for special improvements Installed as of the date of Purchaser's signature hereon, whether assessed or not; free and deer of all liens and encumbrances except except the following restrictive covenants which do not contain a right of reverter: those of record and except the following specific recorded and/or apparent easements: those of record end subject to building and zoning regulations. t. 13. Except as staled in paragraphs 12 and 14. if title is not merchantable and written notice of defect(s)is given by Purchaser or Purchaser's agent to Seller or Seller's agent on or before dote of closing. Seller shall use reasonable effort to correct said(Mect(s) prior to date of closing. If Seller is unable to correct said defect(s)on or before date of closing. at Seller's option and upon written notice to Purchaser or Purchaser's agent on or before dote of closing, the date of closing shrill be extended thirty days for the purpose of correcting said defect(s).Except as stated in paragraph 14,if title is not rendered merchantable us provided in this paragraph 13,at Purchaser's option, this contract shall be void and of no effect and each party hereto shall he released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 14. Any encumbrance required to be paid may he paid et the time of settlement from the proceeds of this transaction or from any other source. Provided, however, at the option of either party, if the total indebtedness serurerl by liens on the Property exceeds the purchase price, this contract shall be void and of no effect and each party herein shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 15. General taxes for the year of closing, based on the mast recent levy and the most recent assessment. prepaid rents. water rents, sewer rents. FHA mortgage insurance premium and interest en encumbrances.if any.and _.._. shall be apportioned to date of delivery of deed_Purchaser shrill be responsible for any sales and use to x that may accrue because of this transaction. 16. With respect to the growing crops Seller and Purchaser agree as follows: none 17.Possession of the Property shall be delivered to Purchaser on- May 1, 1985 ----- --- -- --. .-- -.- _._.. subject to the following leases or tenancies: none If seller fails to deliver possession on the date herein specified. Seller shall be subject to eviction and shall be liable for a daily rental of y 15. 00 until possession is delivered. ' ' 18.The risk of loss from any damage to the improvements by fire or other casualty prior to the date of closing shall be on Seller;provided, however. that if Seller shell maintain insurance on said improvements which will compensate for the full replacement value thereof,and if Purchaser elects to carry out this contract despite such damage. Purchaser shell be entitled to all such insurance proceeds. The risk of loss for any damage to growing crops, by fire or other casualty, shall be borne by the party entitled to said crops as provided in paragraph 16, and such party shall be entitled to the insurance proceeds, if any. 19. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed as herein provided. there shall be the following remedies: (a) IF SELLER.IS IN DEFAULT. (1) Purchaser may elect to treat this contract as terminated, in which case all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover such damages as may be proper,or(2)Purchaser may elect to treat this contract es being in full force and effect and Purchaser shall have the right to an action for specific performance or damages, or both. (b)IF PURCHASER IS IN DEFAULT. (I) Seller may elect to treat Ihis contracted es terminated, in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller and Seller may recover such damages as may be proper, or(2)Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to an action far specific performance or damages,or both. (c) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this contract, the court may award to the prevailing party all reasonable costs and expense, including attorneys' fees. 20. Purchaser end Seller agree that in the event of any controversy regarding the earnest money held by broker, unless satisfactory mutual instruction is received by broker. broker shall not be required to take any action but may await any proceeding, or at broker's option and discretion, may inturplead any moneys or things of value into the court and may recover court costs and reasonable attorneys' fees. 21. Additional provisions: 1. This contract is conditional upon purchasers having sold their property consisting of approximately 2 acres and improvements at 9191 Nelson Rd. , Longmont, Colorado by April 15, 1985. 2:---=[ t-finalidor4-ff=thig=cot - Y r teat, "� A p/ te0 X . 3. Subject to approval of a recorded exemption oftthe/ acres ± in Weld County. 4. Seller for himself and for his successors and his assigns agrees that so long as the purchasers or their assignees operate a hog farm on the subject property seller will not alter the lagoons or destroy them witluWrites ea P ch`e r• L1753 c'February 22 22. If this proposal is neceptecrby Seller in writing and Purchaser receives notice of such acceptance on or before • 19_8s_, this instrument shall become a contract between Seller and Purchaser and shall inure to the benefit of the heirs,successors and assigns of such parties. except as stated in paragraph 8. �5 ' C �0 1v1P1r�1<< 2_ / - `7 Broker WARNOCK REALTY CO Pure axe Dote • _ 2L?i ! x1_?lei"��, 7_�y-8S By; ,�•� �/� /� i >'' _c "'/ arc aser Date _r — °- Purchaser's Address_ i • .. •.. ..-.� z., t /c. .y / • i t (The following section to be completed by Seller and Listing Agent) 23. Seller accepts the above proposal this 2 Z- day of �- 15. 19_ , and agrees to pay a commission of ur 3 -°6 of the purchase price for services in this transaction, and agrees that, in the event of forfeiture of payments and things of value received hereunder,such payments and things of value shall be divided between listing broker and Seller.one-half there of to said broker,but not to exceed the commission, anti the balance to Seller. ��CCC _ bri t-c.) er 7� So-Iler /'' / �/ /� Seller's Address_3�:. / 9 �._ � _NL,QQ_ �,L.�LL.D /�2� �2«'svaifi_ e2 Z, ry- g30 Qo Listing Broker's Name and Address _-_ Warnock Realty Co. 883 N. Cleveland Ave. ,Loveland, CO 80537 ** Additional Provisions (continued) • 25.2/Hl • 6' x-r,jJ C:(Nicz- the • "" a • _ 'r•^-fain to purchasers. 6. This contract is contingent upon the purchasers securing a new loan of not less than $80, 000.00 at an interest rate not to exceed 15% per annum for a term of not less than 25 years. 7. Obligations of the purchaser and seller hereunder shall survive the closing hereof. 8. This contract is contingent upon the property being able to be continued as a hog farm. ADDENDUM TO PURCHASE CONTRACT Parcel of approximate 4 acre to be by survey agreeable to both buyer and seller. ' East property line to be established lfoot west of N & S concrete irrigation ditch and to run paralell to existing irrigation system. Against existing concrete wall running N & S on S.E. cr. of said property. Survey to follow existing established irrigation system, of pipes and latterals. Buyer shall have right to use of existing 2 lagoons for their hog operation, so long as hog operation of buy r,in operation. Buyer shall have an easement to enter and clean and flush lagoons from time to time, preferably in fall of year when crops are harvested, releiving seller of any and all liability arising from said use of lagoons and etc . 7?Ofq oways Seller shall have right of easement to enter east and west existing ro',kioyc for irrigation and farming purposes when necessary and have access to concrete irrigation ditchs boardering said property/ fove you.P/2os6serc , 1*" CatL Buyer shall have access rts. to use irrigation pipe on S.W. cr. of said parcel for necessary irrigation purposes, and have access to road way along W. line to southern portion of farmland to open irrigation lines, cuNEw /Vccess,a,ey ,, %j1 014z1-- ADDITIONAL PARCEL: Property to include approximatly 50' x approximatly 209p' strip of land _along existing Oge, stingcian irri gation property line of same width as north parcel of acfeage/ Existing irrigation pipe to remain in place and belong to seller. Irrigation concrete system along E & W. S. boundry to remain in place and to be used by existi 'landowner for farming and irrigation purposes as part of contigious established irrigation system now in place, , ,t,O which //.4 s /,j EEN USED /3 y T//E /Peeey/at's 0 ur,veiQ on Vies ,T,NoUs Ly/ evil/ZE F,y-eAiN4 d i -"y 4c�en e Zg7 . .E'..�,�L-aTi.J6- ,F07oi.v. 0 . Pi19 , O icFi4l'M LAN Q (rtUZ- RECEIPT AND OPTION CONTRACT (FARM AND RANCH) January 15, 1985 RECEIVED FROM Paul A. Begovac, Purchaser, the sum of $5,000.00, in the form of check to be held by Warnock Realty, broker, in his escrow or trustee account, as earnest money and part payment for the following described real estate: West 80 acres of Northeast Quarter of Section 6, Township 4 North, Range 68 West of 6th P.M. , Weld County, Colorado, reserving, however, unto Seller all minerals and mineral rights. Together with all easements and rights of way appurtenant thereto, all improvements thereon and all fixtures of a permanent nature currently on the premises except as hereinafter provided, in their present condition, ordinary wear and tear excepted, known as 0522 East Highway 60, Loveland, Colorado, which property purchaser agrees to buy upon the following terms and conditions, for the purchase price of $320, 000. 00, payable as follows: $5, 000. 00 hereby rece:pted for, $136, 771.00 (approximate sum), by assumption of existing Federal Land Bank loans in amount of $17, 800.00 and $118, 961. 00, balance in cash on closing. This Contract is contingent upon the sale of the N 60 acres of the above described land to Charles E. Skow for the sum of $252,000. 00 within 30 days. 1. If a note and trust deed or mortgage is to be assumed, the purchaser agrees to pay a loan transfer fee not to exceed $250. 00 and it is a condition of this contract that the purchaser may assume such encumbrance without change in its terms or condition except: None. 2. Price to include the following personal property: N/A to be conveyed by bill of sale at time of closing in their present condition, free and clear of all personal property taxes, liens and encumbrances, except: N/A and except any personal property liens in any encumbrance specified in paragraph 5. N/A The following fixtures of a permanent nature are excluded from this sale: 5 bulk grain storage tanks, cattle squeeze chute, hog squeeze chute, gasoline storage tank and oil storage tanks, 2 hog farrowing sheds. 3. Price to include the following water rights: 7 shares capital stock Consolidated Home Supply Ditch Company, 1 share capital stock Handy Ditch Company, Any and all ditch rights and water rights appertaining thereto, Domestic water tap from Little Thompson Valley Water District. 4. An abstract of title to said property, certified to date, or a current commitment for title insurance policy in an amount equal to the purchase price, at seller's option and expense, shall be furnished the purchaser on or before February 10, 1985. If seller elects to furnish said tide insurance commitment, seller will deliver the title insurance policy to purchaser after closing and pay the premium thereon. This offer signed by buyer subject to approval of the preliminary title report in writing within 15 days after receipt of same by purchaser. Purchaser may elect to obtain a title policy by paying the difference between normal costs of extending and certifying the abstract. Page 2. 5. Title shall be merchantable in the seller. Subject to payment or tender as above provided and compliance with the other terms and conditions hereunder by purchaser, the seller shall execute and deliver a good and sufficient General Warranty Deed to said purchaser on closing, or, by mutual agreement at an earlier date, conveying said property free and clear of all taxes, except the general taxes for 1985, payable January 1, 1986, and except: None and subject to the following easements: 1. Right of Way for state highway #60 along north side of property. 2. Right of Way for canal of Consolidated Home Supply - Handy Ditch. 3. Easement for access to existing oil wells, Separator and Tank Battery Site. 4. Building encroachment easement of existing building along east boundary line of said property in NWNW of said land. and subject to building and zoning regulations and the following restrictive covenants: 1. Those of Weld County existing on said land. Any encumbrance required to be paid may be paid from the proceeds of this transaction. 6. General taxes for 1985, shall be apportioned to date of delivery of deed based on the most recent levy and the most recent assessment. Personal property taxes, prepaid rents, water rents, sewer rents, and interest on encumbrances, if any, and shall be apportioned to date of delivery of deed except: 1984 - 1985 taxes, water assessments. 7. With respect to the growing crops the seller and purchaser agree as follows: No crops involved. 1985 crop goes to purchaser and he agrees to pay costs for water and fertilizer. 8. The hour and place of closing shall be designated by agreement of parties hereto, but on or before April 1, 1985. 9. Possession of premises shall be delivered to purchaser on closing, subject to the following leases or tenancies: Oil and gas lease to Skaer Enterprises, Inc. which are part of mineral rights reserved by seller. 10. The risk of loss from any damage to the improvements by fire or other casualty prior to date of closing shall he on the seller, provided however that if the seller shall maintain insurance on said improvements which will compensate for the full replacement value thereof, the seller may at his option assign the proceeds of said insurance to purchaser, in which case the purchaser shall complete the transaction as herein provided. The risk of loss for any damage to growing crops, by fire or other casualty shall be borne by the party entitled to said crops as provided in paragraph 7, and such party shall be entitled to the insurance proceeds. Page 3. 11. Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered or performed as herein provided, there shall be the following remedies. In the event a payment or any other condition hereof is not made, tendered or performed by the purchaser, then this contract shall be null and void and of no effect, and both parties hereto released from all obligations hereunder, and all payments made hereon shall be retained on behalf of the seller as liquidated damages. In the event that the seller fails to perform any condition hereof as provided herein, then the purchaser may, at his election, treat the contract as terminated, and all payments made hereunder shall be returned to the purchaser; provided, however, that either party may, at their election, treat this contract as being in full force and effect with the right to an action for specific performance and damages. 12. In the event the seller fails to approve this instrument in writing on or before 6 P. M. January 15, 1985, or If title is not merchantable and written notice of defects is given to the seller or agent within the time herein provided for delivery of deed and shall not be rendered merchantable within 180 days after such written notice, then this contract, at purchaser's option, shall be void and of no effect and each party hereto shall be released from all obligations hereunder and the payments made hereunder shall be returned forthwith to purchaser upon return of the abstract, if any, to seller; provided, however, that in lieu of correcting such defects, seller may within said 180 days obtain a commitment for Owner's Title Insurance Policy in the amount of the purchase price showing the title to be free from such defects and seller shall pay full premium for such Title Insurance Policy. 13. Additional Provisions: Purchaser agrees to buy Hale's Federal Land Bank Stock. 14. Upon approval hereof by the seller, this agreement shall become a contract between seller and purchaser and shall inure to the benefit of the heirs, successors and assigns of said parties. 7-122,62 �. /c.-e' cc L'z'a u — —f S WARNOCK REALTY CO Purchaser v Date Agent Purchaser Date Seller approves the above contract this r day of , 1985, and agrees to pay a commission of 6% of the gross sales price for services in this transaction, and agrees that, in the event of forfeiture of payment made by purchaser, such payments shall be divided between the seller's broker and the seller. One-half thereof to said broker, but not to exceed the commission, and the balance to the seller. Seller Seller \r Purchaser's address: Seller's Address: 2103 E. County Rd. 14, Loveland, Colorado 80537 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. jr y /r(), z-i The foregoing instrument was subscribed ib and sworn to before me this 07.344 day of �f�'�-fji 19 d≤. WITNESS my hand and official seal. My Commission expires: 'y r, 4, • w</, Notary Public In 7j CQc� t ,41,57-(4..."1 Co as-12 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION 11 (LOT A) MURRAY, JAMES R. & MARY E., 8875 W 7th Ave, LAKEWOOD,CO 80215 ID #62106106000028 (LOT A) JOHNSTON, A. JOE & STANLYN S. , 0460 HWY 60, LOVELAND,CO 80537 ID #62106106000029 (LOT A) DECHANT, RAYMOND JR. & PATRICIA ANN, 4290 OXFORD RD. ,LONGMONT, CO 80501 ID #62106106000041 (OWNER) HALE, FLOYD C. & MILDRED D. , 2103 E. COUNTY RD. 41,LOVELAND, CO 80537 ID #62106106000024 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lesses of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. The foregoing instrument was subscribed and sworn to before me this day of ecii 073 19 WITNESS my hand and official seal. My Commission expires: ,Sy . ��. ., -� .v , Notary Public 883 ;7 (-. a, �,�„�,Q 6'6S 37 AFFIDAVIT OF INTERST OWNERS AND MINERALS AND/OR SUBSURFACE The minerals under the west 80 acres of the northeast quarter of Section 6, Township 4, Range 68 West of the 6th Principal Meridian, Weld County, Colorado are all owned by Floyd C. Hale and Mildred D, Hale. Hello