HomeMy WebLinkAbout850665.tiff RESOLUTION
RE: APPROVAL OF USE BY SPECIAL REVIEW FOR AN AIRSTRIP - WESTBERG
AND ROSLING FARMS (HENRY KING, PROPERTY OWNER)
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 17th day of April, 1985 , at the hour of 2 :00 p.m.
in the Chambers of the Board for the purpose of hearing the
application of Westberg and Rosling Farms (Henry King, property
owner) , 2951 Weld County Road 91 and 2901 Weld County Road 91 ,
Roggen, Colorado 80652 , for a Use by Special Review for an
airstrip on the following described real estate , to-wit:
SE4 , Section 16 , Township 1 North, Range 61
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:
850665
Page 2
RE: USR - WESTBERG & ROSLING FARMS
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 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.
d. 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 an airstrip 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 . No building or electrical permits shall be issued for
the Use by Special Review Permit area until the
Standards for the Use by Special Review have been placed
on the Use by Special Review plat and the plat has been
delivered to the Department of Planning Services Office .
Page 3
RE : USR - WESTBERG & ROSLING FARMS
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 17th day of
April , A.D. , 1985 .
�f -�J BOARD OF COUNTY COMMISSIONERS
ATTEST aw.ti T "i WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board u ine J son, Chairman
e 8•021.14t
By : Gene R. Brantner„ Pro-Tem
yern_nite,)
puty County C rk
v
APPROVED AS TO FORM: C.W. i 4
G r a
7.
t or
Cou y pey C� �—
Frank ama i
OPERATION STANDARDS
Westberg & Rosling Farms
USR-669 :85 : 7
1 . The use permitted shall be an airstrip as described in the
Use by Special Review Permit on file in the Department of
Planning Services office.
2 . 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.
3 . The applicant shall comply with the Operation Standards for
Uses by Special Review, Section 24 .6 et seq. , of the Weld
County Zoning Ordinance.
4 . 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.
5 . 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.
6 . 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. 85-16
RE: USE BY SPECIAL REVIEW FOR AN AIRSTRIP - WESTBERG AND ROSLING FARMS
A public hearing was conducted on April 17, 1985, at 2:00 P.M. , with
the following present:
Commissioner Jacqueline Johnson, Chairman
Commissioner Gene Brantner, Pro—Tem
Commissioner C.W. Kirby
Commissioner Gordon E. Lacy
Commissioner Frank Yamaguchi
Also present:
Acting Clerk to the Board, Tommie Antuna
Assistant County Attorney, Lee D. Morrison
Planning Department representative, Rod Allison
The following business was transacted:
I hereby certify that pursuant to a notice dated April 1, 1985, and
duly published April 4, 1985, in the La Salle Leader, a public hearing
was conducted to consider the request of Westberg and Rosling Farms for
a Use by Special Review for an airstrip. Lee D. Morrison, Assistant
County Attorney, made this matter of record. Rod Allison, Planning
Department representative, read the favorable recommendation of the
Planning Commission into the record. He said this recommendation is
subject to two conditions and six Operation Standards. James Shelton,
attorney representing the applicants, came forward and explained this
request to the Board. Following a short discussion, Commissioner Lacy
moved to this approve Use by Special Review for Westberg and Rosling
Farms. Commissioner Yamaguchi seconded the motion which carried
unanimously.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
ATTEST:. 4.t t1 WELD COUNTY, COLORADO
Weld County Ccerk and Recorder
and Clerk to the Boar /, & LSto-Tem
%ne Joh so , Chairman
(.,$yA uty6774K7714---( a ) le
uty County Cle
e 7
C.W. Kipby-
go • l (dcL�
YYY D��� "�fL l/1 �/d
Frank Yamaguu i`hi �/
TAPE #85-28
DOCKET #85-16
LHR 2237
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ATTENDANCE RECORD
TODAY ' S HEARINGS ARE AS FOLLOWS : APRIL 17, 1985
DOCKET # 85-14 & 85-15 - BASIN EXPLORATION, INC. - USR-OIL & GAS PRODUCTION FACILITIES
DOCKET # 85-13 - JAMES & NORMA CHITTENDEN - USR-AGRICULTURAL RECREATION FACILITY
DOCKET # 85-16 - WESTBERG & ROSLING FARMS - USR-AIRSTRIP
DOCKET # 85-12 - CHARLYNE ZAMORA - COZ-A to C-1
PLEASE write or print legibly your name, address and the DOC % (as listed
above) or the applicants name of the hearing you are attending.
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EXHIBIT INVENTORY CONTROL SHEER
Case 85-16 USR-WESTBERG & ROSLING FARMS
Exhibit p Submitted By Exhibit Description
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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 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. 85-16 Westberg and Rosling Farms
(Henry King, Property Owner)
2951 Weld County Road 91 and
2901 Weld County Road 91
Roggen, Colorado 80652
DATE: April 17, 1985
TIME: 2:00 P.M.
REQUEST: Use by Special Review - Airstrip
LEGAL DESCRIPTION: SE}, Section 16, Township 1 North, Range 61 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 1, 1985
PUBLISHED: April 4, 1985, in the La Salle Leader
DATE: April 1 , 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 17th day of April, 1985 , at 2 : 00 P.M.
Docket No. 85-16 - Westberg and Rosling Farms (Henry King,
Property Owner) , USR-Airstrip
OFFICE OF THE
CIARK TO THE BOARD
BY: ay / Ire 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
A
7?
Affidavit of Publication
STATE OF COLORADO)
County of Weld) ss.
1 Paul Massey of Legal efotice
Pursuant tc the zoning laws of the State
said County of Weld being duly sworn,say that 1 of Colorado and the Weld County Zon-
am publisher of lug enhance,a e hearing will be
L Mine .
a Salle Leader held m the Chamber of the Board of
County Commsalme,a of Weld County
that the same is a weekly newspaper of general Colorado,. Wad-Comity Centennial
circulation was printed and published in the Center, 915 10th Stint, First Floor,
Greeley.Colorado,at the time specified.
town of All person m any manner Interested m
La Salle the tiseey Speen(Reeve are re.
in said county and state;that the notice of adver- quested ti rend aad maybe heard.
tisement,of which the annexed is a true copy has Shouldthe
been Interested
published in said weekly newspaper for Pala dire the presence of a certified
court reporter to roan a record at the
nn Wr$INAFIX.2X proc•Whg.. to adage. to the taped
weeks; that the notice was published in the record whicheW Wimps during the
hearing:the Clerk to the Bente Once.
regular and entire issue of every number of said • can M contacted.6r a in.1 certified
newspaper during the period and time of publica- court rspn htRJra. B•nen
tion of said notice and in the newspaper proper reporter B ahmhmd;the Cleo`to Om
Board's Office +.hall k driest of nett-.
and not Ina supplement thereof; that the first action at lent hut 4r prior to the.
publication of said notice was contained in the hearing.The cost et ramming•wen
issue of said newspaper bearing the date, the reporter shell be borne Win requesting
Parte'
14. date of AprilA-D., 19 85 BE IT ALSO KNOWN that the text and
maps so certified*the Weld Canty
and the last publication thereof. in the issue of Mannh Comment=ray he e•andned
to the once tithe ha to the Board
said newspaper.bearing date,the I1 day of County Cot...hrelee.r:rated in the
Weld Cary Cep}YIW Carer,.915
Ap ri 1 . 19 8 rithat the said 10th Street.Third darer.@rsoley,Ca:
outdo.
La Salle Leader DOCKET NO.O:i6
has been published continously and uninter- APPLICANT
ruptedly during the period of at least fifty-two WesberR aadfa k.t Fame
consecutive weeks next prior to the first issue OlenrytRYji'ProperyGeraer)
thereof containing said notice or advertisement t%i W'I4 ai and
3901 WadCmweptaeed 91
above referred to: and that said newspaper was koggen,Colrado.Bh3-.:-
at the time of each of the publications of said DATE:Apra n,rNt
notice duly qualified for that purpose within the
meaning of an act entitled, "An Act Concerning TIME:&00 PAN.
Legal Notices, Advertisements and Publications
and the Fees of Printers and Publishers thereof, REQUEST: Use by Span Rater
and to Repeal all Acts and Parts of Acts in Con-
flict with the Provisions of this Act" approved IEBAt.DESCRPTI0n
April 7. 1921. and all amendments thereof. and ,,. a
particularity as amended by an act approved, sEy. Items ka,p.tit Nay em sn:arty
March 30. 1923. and an act ap oved May 13. camty,Cabrado
19 *kw OFCourey..
illeDNERS
NELDC .G6LtMADO
ublisher
SQ W:CLOW NFEUERSTEIN
Subscribed and sworn to before me this COUNTY CIEIRIAttl REQ3R0FR
AND MOW e7NEl10ARD
EenInryi eNpt'.De
day of �. A.D., 19 �� ' DATED:Apdf 1.t1a
, d��,/j / (1��� Published r the La Sege teller ae.
. -724,,a 7��11—/ Thursday.AwB e.MS
`` Notary Pa
My commission expires !�— 7 —A
--
ELIZABETH MASSEY
22019 W.C.RD. 54
GREELEY, CO 80631
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 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. 85-16 Westberg and Rosling Farms
(Henry King, Property Owner)
2951 Weld County Road 91 and
2901 Weld County Road 91
Roggen, Colorado 80652
DATE: April 17, 1985
TIME: 2:00 P.M.
REQUEST: Use by Special Review - Airstrip
LEGAL DESCRIPTION: SE}, Section 16, Township 1 North, Range 61 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 1, 1985
PUBLISHED: April 4, 1985, in the La Salle Leader
4
STATE OF COLORADO )
ass.
COUNTY OF WELD )
/J Gibbs `'}' Public Notice
w'g.
�1.�I.SC7/1 being .!
duly sworn, says that he/she is pub a s,in 1'
lisher of the KF.ENE VAT.LFY SUN, Pursuant to the zoning laws 6f the State of
a weekly newspaper published and Colorado and the Weld County Zoning
printed in Keenesburg in said County' 0rdinance,.a public hearing will be held in
and State; that said newspaper has the Chambers of the .Board of County
a general circulation in said County Commissioners of Weld Bedny,'t Colorado,
and has been continuously' and un-
interruptedly published therein, dur- Weld County Centennial Center, 915 10th
ing a period of at least fifty-two Street, First Floor, Greeley, Colorado, at
consecutive weeks prior to the first the time specified. A II
publication of the annexed notice; , persons y in any
manner interested
that said newspaper is a newspaper in the Use b by Special
within the meaning of the act of the Review are requested tp.pt[end and may be
General Assembly of the State of heard.
Colorado, entitled "An Act to regu- Should the applicant or any interested
late the printing of legal notices and art desire the
party pres¢nca of a certified-
advertisements,' and amendments
thereto; that the notice of which the Court reporter to snake a record of the
annexed is a printed copy taken from proceedings,in addition to the taped record
said newspaper,was published in said which will be kept during the hearing, the
newspaper, and in the regular and Clerk to the Board's Office can be contacted
entire issue of every number thereof, for a list of certified court reporters in the
area. If a court reporter is obtained, the
once a week for / successive Clerk to the Board's Office shall be advised
weeks; that said notice was so pub- of such action at leastfive days prior to the
lished in said newspaper proper and hearing. The cost of engaging .a court
not in any supplement thereof, and
that the first publication of said no- reporter
shall be borne by the requesting
party.
tier us aforesaid, was on the ..././± B E IT ALSO K NOW N that the texts and
Ap maps so certified by the W eld County
day of prl , 19.os Planning Commission may be examined in
the office'—of the Clerk to the Board of
and the last on the day of County Commissioners, located in the W eld
County Centennial Center, 915 10th Street.
19 Third F loor, Greeley, Colorado.
L A PPLICA NT: W estberg and Rosling •
.i.a-ei,L. cG�� F arms (+4enry King, Property. Owner) 2951
Weld County Road 91 and 2901 Weld
County Road 91 Roggen, Colorado 80652.
DOCKET NO.85.16. DATE April17, 1985.
TIME 2:00p.in. REQUEST Use by Special
Subscribed and sworn to before me Review - Airstrip.
/nay
LEGAL DESCRIPTION : SE / ,Section 16,
Township 1 North, Range 61 West of the
this day of /1� 6th P.M., Weld County, Colorado.
19 .05 .BOA RD .0F COUNTY COMMISSIONERS
�� ,(/ WELD COUNTY, COLORADO
a, Wn-41 4J By Mary Ann Feuerstein,County Clerk and
O Recorder and Clerk to the Board.
My Commission Expires April 4.1987 B y: Mary Reiff, Deputy
5340 0. Quebec St. Dated A pril 1, 1985
Englewood. Colorado 80111 Published in the,K eene Valley Sun A pril 4,
1985.
Y
.
: TERESA AIM r •
SATES :
,57... o°
r
Summary of the Weld County Planning Commission Meeting
March 19, 1985
Page 5
provide the services that need to be provided for a business like this.
Sill McMurray - yes; Stephen Hamilton - yes; Paulette Weaver - no; Doug
Graff - yes; Lydia Dunbar - No, for the same reasons as previously stated.
Sharon Linahrt - No, for reasons stated earlier and in concurrence with Jack
Holman's statement. Bob Ehrlich - No, because he would like to see the
property annexed into the city of Fort Lupton. We have come problems i.n the
County now as far as going out into the County and taking care of the
policing and other services requried by the County, and it should become
part of Fort Lupton's City Limits. Motion was denied with three voting for
the motion and five voting against the motion.
CASE NUMBER: USR-669:85:7
APPLICANT: Westberg and Rosling Farms (King Property Owner)
REQUEST: A Use by Sepcial Review Permit for an Airstrip
LEGAL DESCRIPTION: SEA, Section 16, TIN, R61W of the 6th P.M. , Weld
County, Colorado
LOCATION: Eleven (11) miles southeast of Prospect Valley; west of Weld
County Road 91 and south of State Highway 52.
APPEARANCE:
James P. Shelton, Attorney, represented the applicants. Mr. Shelton stated
the air strip was constructed and used before they realized they needed a
Use by Special Review Permit. They were given permission to build the
hangar by the County. Mr. Rosling will be the only person using the
airstrip to inspect the ten sections of land and to fly to Colby, Kansas,
for machinery repairs. They have reviewed the recommendations, conditions,
and operation standards as outlined by the Department of Planning Services
staff and concur with them. There are not many people in the area and the
airstrip will not be used by anyone other than a very occassional emergency
landing.
The Chairman called for discussion from the audience.
Kenneth Rosling, one of the applicants reported the iand adjacent to the
airstrip is always either in wheat or summer (allowed.'' They are planning to
gravel the airstrip.
Tape 197 — Side 1
He is not in agreement with the soil conservations recommendation that grass
be planted on the airstrip. This could be dangerous if the grass became
X/1/8/ _
Summary of the Veld County Planning Commission Meeting
March 19, 1985
Page 6
entangled in the brakes or the ground was soft because of rain or spring
thaw. The airstrip is topped so that water will run-off and they have a
maintainer to removed snow, etc. , if the runway is hard surfaced.
Mike Mullen stated it is the staff opinion that a gravel based runway is OK.
The Chairman celled for discussion from the audience. There was none.
The Chairman asked that reading of the recommendations, conditions and
operation standards be dispensed with and that they be filed with the
summary ES a permanent record of these proceedings.
MOTION:
Steve Hamilton moved Case Number USR-669:85:7 for Westberg and Rosling Farms
for a Use by Special Review Permit for an Airstrip 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 Use by
Special Review Permit shall remain with the Westberg and Rosling Farms,
present owners, and shall not be passed on to any subsequent owner. Upon
any future sale the Use by Special Review Permit shall become null and void,
and any purchaser of said land shall resubmit the application for use by
special review, if needed, for the airstrip. Motion seconded by Jack
Holman.
The Chairman called for discussion from the members of the Planning
Commission. Discussion followed concerning the need to have the airstrip go
with the present owners and not the land.
Mr. Shelton reported Mr. King, property owner, Mr. Westberg, and Mr. Rosling
are related and Mr. Westberg and Mr. Rosling have first rights to purchase
if the property is ever offered for sale.
AMENDMENT: ..
Paulette Weaver moved the condition to the motion allowing the airstrip to
go with the owner rather than the land be deleted. Motion seconded by Lydia
Dunbar.
The Chairman called for discussion from the members of the Planning
Commission. Discussion followed.
Summary of the Weld County Planning Commission
Narch 19, 1985
Page 7
The Chairman asked the members of the Planning Commission for their
decision. The vote was split.
The Chairman asked the secretary to poll the members of the Planning
Commission for their decision on the amendment. Jack Dolman — no; Bill
McMurray — no; Stephen Hamilton — no; Paulette Weaver — yes; Doug
Graff — yes; Lydia Dunbar — yes; Sharon Linhart — no; Fob Ehrlich — yes.
Motion carried with five voting for the motion and three voting against the
motion.
The Chairman E.sled the secretary to poll the members of the Panning
Commission on the amended motion which is now identical to the Planning
staff's recommendations. .;ack Holman — yes; Bill McMurray — :-es; Stephen
Hamilton — yes; Paulette Weaver — yes; Doug Graff — yes; Lydia Dunbar — yes;
Sharon Linhart — yes; Bob Ehrlich — yes. Motion carried unanimously.
The meeting was adjourned at 3:00 p.m.
Respectfully submitted
Bobbie Good'
Secretary
rjg/
PwElD e^TiTy
MAR 2 6 1985 1,i
1
BEFORE THE WELD COUNTY, COLORADO PLANNING COMM ION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMI MSCRSe'
Moved by Stephen Hamilton 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:
CASE NUMBER: USR-669:85:7
NAME: Westberg and Rosling Farms (King Property Owner)
ADDRESS: 2591 Weld County Road 91, Roggen, CO and 2901 Weld County Road 91
Roggen, CO 80652
REQUEST: A Use by Special Review Permit for an Airstrip
LEGAL DESCRIPTION: the SE% of Section 16, TIN, R61W of the 6th P.M. , Weld
County, Colorado
LOCATION: Eleven (11) miles southeast of Prospect Valley; west of Weld
County Road 91 and south of State Highway 52.
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 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 and is provided for as a Use
by Special Review;
USR-669:85:7
Westberg and Rosling Farms (King Property Owner)
March 19, 1985
Page 2
- 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.
- Use by Special Review Operation 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. No building or electrical permits shall be issued for the Use by
Special Review Permit area until the Standards for the Use by
Special Review have been placed on the Use by Special Review plat
and the plat has been delivered to the Department of Planning
Services office.
Motion seconded by Jack Holman.
Vote:
For Passage Against Passage
Jack Holman
Bill McMurray
Stephen Hamilton
Paulette Weaver
Doug Graff
Lydia Dunbar
Sharon Linhart
Bob Ehrlich
The Chairman declared the Resolution passed and ordered that a certified
copy be forwarded with the file of this case to the Board of County
Commissioners for further proceedings.
USR-669:85:7
Westberg and Rosling Farms (King Property Owner)
March 19, 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
ofthe Resolution of the Planning Commission of Weld County, Colorado,
adopted on March 19, 1985, and recorded in Book No. IX of the proceedings of
the said Planning Commission.
Dated the 22nd day of March, 1985
om1.5.: , L-N.,
Bobbie Good
Secretary
OPERATION STANDARDS
Westberg & Rosling Farms
USR-669:85:7
1. The use permitted shall be an airstrip as described in the Use by
Special Review Permit on file in the Department of Planning Services
office.
2. 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.
3. The applicant shall comply with the Operation Standards for Uses by
Special Review, Section 24.6 et seq. , of the Weld County Zoning
Ordinance.
4. 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.
5. 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.
6. 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.
ADDITIONAL COMMENTS
USR-669:85:7
Westberg & Rosling (King Property Owner)
1. In a letter dated March 11, 1985, the Southeast Weld Soil Conservation
District recommended seeding the airstrip with perennial grass (see
letter attached) .
Exhibit. Inventory Control Sheet
Case Number asic 6 9, DSO 7
Date Submitted Exhibit
Received Int. By Description
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Date: March 20, 1985
CASE NUMBER: USR-669:85:7
NAME: Westberg & Rosling Farms (King Property Owner)
ADDRESS: 2591 Weld County Road 91, Roggen, CO and 2901 Weld County Road 91
Roggen, CO 80652
REQUEST: A Use by Special Review Permit for an airstrip
LEGAL DESCRIPTION: the SEA of Section 16, TIN, R61W of the 6th P.M. , Weld
County, Colorado
LOCATION: Eleven (11) miles southeast of Prospect Valley; west of Weld
County Road 91 and south of State Highway 52.
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. 1 et seq. 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 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.
- No overlay districts affect the site.
- Use by Special Review Operation and Design Standards provide
adequate protection of the health, safety and welfare of the
neighborhood and County.
The Department of Planning Services staff 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. No building or electrical permits shall be issued for the Use by
Special Review Permit area until the Standards for the Use by Special
Review have been placed on the Use by Special Review plat and the plat
has been delivered to the Department of Planning Services office.
OPERATION STANDARDS
Westberg & Rosling Farms
USR-669:85:7
1. The use permitted shall be an airstrip as described in the Use by
Special Review Permit on file in the Department of Planning Services
office.
2. 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.
3. The applicant shall comply with the Operation Standards for Uses by
Special Review, Section 24.6 et seq. , of the Weld County Zoning
Ordinance.
4. 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.
5. 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.
6. 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.
ADDITIONAL COMMENTS
USR-669:85:7
Westberg & Rosling (King Property Owner)
1. In a letter dated March 11, 1985, the Southeast Weld Soil Conservation
District recommended seeding the airstrip with perennial grass (see
letter attached) .
LAND-USE APPLICATION
SUMMARY SHEET
Date: March 19, 1985
CASE NUMBER: USR-669:85:7
NAME: Westberg and Rosling Farms (King Property Owner)
ADDRESS: 2951 Weld County Road 91, Roggen, Colorado and 2901 Weld County
Road 91, Roggen, Colorado 80652
REQUEST: A Use by Special Review Permit for an Airstrip
LEGAL DESCRIPTION: The SE', Section 16, T1N, R61W of the 6th P.M. , Weld
County, Colorado
LOCATION: Eleven (11) miles southeast of Prospect Valley; west of Weld
County Road 91 and south of Colorado State Highway 52
SIZE OF PARCEL: 160 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.
This case is a result of Violation Number 537:84: 139. The Department of
Planning Services has not received any objections regarding this proposal.
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FIELD CHECK
FILING NUMBER: USR-669 DATE OF INSPECTION: March 6, 1985
NAME: Westberg and Rosling Farms
REQUEST: A Use by Special Review Permit for an airstrip
LEGAL DESCRIPTION: The SEA, Section 16, T1N, R61W of the 6th P.M. , Weld
County, Colorado
LOCATION: Eleven (11) miles southeast of Prospect Valley; west of Weld
County Road 91 and south of Highway 52
LAND USE: N Crop production
E Crop production
S Two residences and six farm buildings
W Crop production
ZONING: N Agricultural
E Agricultural
S Agricultural
W Agricultural
COMMENTS:
Access to the subject site is from Weld County Road 91, a gravel road. One
structure is on the Use by Special Review subject site--an enclosed aircraft
hangar. The remainder of the site is in crop production. The two
residences to the immediate south of the airstrip belongs to Westberg and
Rosling, co-applicants for the Use the Use by Special Review Permit. The
airstrip is approximately one-half mile long.
By. � C� C17��P� �
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rrent Planner t/
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REFERRAL LIST
APPLICANT: Westburg & Rosling Farms CASE NUMBER: USR-669:85:7
SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY 3/11/85
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County Attorney (plat only) Bill McMurray
P.O. Box 161
Weld County Health Department Brighton, CO 80601
X XX
Engineering Department Brighton Soil Conservation
x XX
Service
`-- County Extension Agent 60 S. 27th Avenue
Brighton, CO 80601
Office of Emergency Management Southeast Weld Fire Protection
�~ )( District
P.O. Box 5
Roggen, CO 80652
Federal Aviation Administration
)( Denver Airport
10455 East 25th Avenue
Aurora, CO 80010
State Engineer
Division of Water Resources
1313 Sherman St. , Room 818
Denver, Colorado 80203
State Highway Department
1420 2nd Street
Greeley, Colorado 80631
Colorado Department of Health
Water Quality Control Division
4210 East 11th Avenue
Denver, Colorado 80220
DEPAR t MENT OF PLANNING SERVICES
r ,,,,
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� PHONE(303)356-4000 EXT. 4400
ir,,,),, ,H.,, ,•},1 915 70th STREET
- E -[I_J' i GREELEY,COLORADO 80631
rEB221335 tj
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WI i k
COLORADO L (] CASE NUMBER USR-669:85:7
February 20, 1985 nJ E di
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TO WHOM IT MAY CONCERN:
Weld Ca. Phneitty wmmwisszth
Enclosed is an application from Westberg & Rosling Farms for a Use by
Special Review Permit for an Airstrip. The parcel of land is described as
SEti of Section 16, TIN, R61W of the 6th P.M. , Weld County, Colorado. The
location of the parcel of land for which this application has been submitted
is 11 miles southeast of Prospect Valley; west of Weld County Road 91 and
south of Highway 52.
This application is submitted to your office for review and recommendations.
Any comments or recommendations you consider relevant to this request would
be appreciated. Your prompt reply will help to facilitate the processing of
the proposal and will ensure prompt consideration of your recommendations.
If a response from your office is not received within fourteen (14) days of
mailing from our office, it may be interpreted to mean approval by your
office. If you are unable to respond within the fourteen (14) days (but
wish to do so at a later date) please notify our office to that effect.
Check the appropriate boxes below and return to our address listed above.
Please reply by March 11, 1985 so that we may give full consideration to
your recommendation. Thank you very much for your help and cooperation in
this matter.
1. We have reviewed the proposal and find no conflicts with our
interests.
2. A formal recommendation s u der consideration and will be
submitted prior to Lf l j SS-
3. Please (refer to the enclo. ed etter. I
Signed �ly, Agency: FAA Date: 3)4)55
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Southeast Weld Soil Conservation District
60 South 27th Avenue - Brighton, CO 80601 - Phone 659-7004
March 11 , 1985
Mr, James R. Mayerl ,Current Planner
Weld County Colorado
Department of Planning Services
915 10th. Street
Greeley, Colorado 80631
RE: Case Number USR-669:85:7
Henry S, King
Dear Mr. Mayerl :
We have reviewed this application and only have one concern. We
believe the proposed Airstrip should be seeded to a perennial grass.
We suggest seeding Buffalograss on this soil . The rate of seeding
recommended is 6 pounds per acre of pure live seed.
Sinc ely,
rfr_ ' -14442a7. a emrt"----,---"\ ---)-en, -
Gerald Baumgartner
Secretary-Treasurer
Board of Supervisors
1, ,-, 1 , ,,,,,,riill
L\
WcWW Co. Planint iw:na:saim1
CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT
,,��rr DEPARTMENT OF PLANNING SERVICES
g_` PHONE(303)356-4000 EXT. 4400
{ 915 10th STREET
(--„ .t,
GREELEY,COLORADO 60631
WIDc
COLORADO
NOTICE OF PUBLIC HEARING
The Weld County Planning Commission will conduct a public hearing on March
19, 1985 at 1:30 p.m. to review a request for approval of a Use by Special
Review Permit for an Airstrip from Westberg & Rosling Farms on a parcel of
land described as SEA of Section 16, TIN, R61W of the 6th P.M. , Weld County,
Colorado containing 160 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 March 19, 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 La Salle Leader
To be published one (1) time by March 7, 1985
Received • C
Date: 2- - Z.-2 t 2�
D z ;:�y-:,r; ?"1 ,)
I
APPLICATION
fi
USE BY SPECIAL REVIEW •
-
Department of Planning Services, 915 Tenth Street, Greeley,
Phone - 356-4000 - Ext. 4400
Case Number t Jc,( 669 : 5 = 7 Date Received 2 - /2 -
Application Checked by in_ Mylar plat submitted a2 z2 - t5S
Application Fee Receipt Number
Recording Fee (0°(' Receipt Number 6c 5F
TO BE COMPLETED BY APPLICANT:
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:
Southeast Quarter (SE;) of Section Sixteen (16) Township One (1) North,
Range Sixty-one (61) West of the Sixth (6) Principal Meridian, Weld County,
Colorado
Property Address (if available) : -None-
PRESENT ZONE: Agricultural OVERLAY ZONES
TOTAL ACREAGE: 160 acres
PROPOSED LAND USE: Agricultural with Airplane Take-off and Landing Strip
EXISTING LAND USE: Agricultural , dry-land farming
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW:
Name: Henry S. King
Address: 2316 - Fairway Lane City: Greeley, Colorado 80631
Home Telephone #330-8481 Business Telephone #
APPLICANT OR AUTHORIZED AGENT (if different than above) :
Name: Westberg & Rosling Farms, a Co-Partnership, consisting of Rodney L.
Westberg, 2951 - Weld County Road 91 , Roggen, Colorado 80652 , (Telephone:
849-5223) , and Kenneth P. Rosling, 2901 - Weld County Road 91, Roggen,
Colorado 80652, (Telephone: 849-5371).
Westberg & Rosling Farms , is the tenant farming the land on which the
existing landing strip is located; and, Kenneth P. Rosling is the person who
would pilot any private plane which the proposed Use By Special Review would,
if granted, authorize.
List the owner(s) and/or lessees of mineral rights on or under the subject
properties of record.
Name (Owner) : STATE OF COLORADO holds title to all minerals, by virtue of
reservation in Patent No. 6472, recorded in Book 1215 at Page 36, Reception
No. 1017962, of Weld County, Colorado Records.
State of Colorado acts by and through STATE BOARD OF LAND COMMISSIONERS,
1313 - Sherman Street, Denver, Colorado 80210. Telephone No. 866-3454.
Name (Lessee) : GLENN G. NEILL, Route 1 , Box 933, Burleson, Texas 76028,
holds a Coal Lease pursuant to Lease dated July 25, 1972, recorded January
11 , 1973, in Book 1825 at Page 682, Reception No. 1605146 of Weld County,
Colorado Records.
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.
(Henry -King - Owner)
(Rodney L. Westherg o-Applicant)
(Kenneth P. Rosling - Coe5
plicant)
COUNTY OF WELD )
SS:
STATE OF COLORADO ) ,,�/�
Subscribed and sworn to before me this�9� day of ,,,se 1985.
ii
My Commission Expires September 3, 988.
Notary Pu is
2
205/4
SUPPLEMENT
TO
APPLICATION FOR USE BY SPECIAL REVIEW
(SEq-16-1N-61)
1. DETAILED DESCRIPTION OF PROPOSED OPERATION:
A. It is proposed that the land (SEq-16-1N-61) allow the location
of existing aircraft hangar, and the use of Take-off and Landing Strip
for private use of Westberg & Rosling Farms of one private small
airplane owned by Westberg & Rosling Farms; said Take-off and Landing
Strip running in a Northwesterly-South&lasterly direction on said lands.
B. Said use for one small private plane owned by Westbert &
Rosling Farms is needed because Westberg & Rosling Farms Have Exclusive
Lease Rights and exclusive option to purchase said farm lands; and
Westberg & Rosling Farms own nearby land and lease adjacent land in
dry-land farming operations involving 6 ,400 acres of land within
one-half mile to fourteen miles of said Take-off and Landing Strip. In
the course of said dry-land forming operations , Westberg & Rosling Farms
operate as many as two tractors, three trucks, and eleven combines at
any one time in the preparation of land for crops, seeding and
harvesting. Breakdown of such equipment is frequent and the prompt
acquisition of parts for repair in the matter of as little as one or two
hours is absolutely critical to avoid losses in Tens of Thousands of
Dollars should operating equipment not be operable due to breakdown.
C. All surrounding properties are used in dry-land farming
operations.
D. The nearest residential structures in each direction from said
proposed Take-off and Landing Strip are as follows:
1. Residence of Rodney L. Westberg and Jacquely W. Westberg
is approximately 500 feet from the southernmost point of said
proposed Take-off and Landing Strip.
2. Residence of Kenneth P. Rosling and Helen Rosling is
located approximately 1000 feet from the southernmost portion of
said proposed Take-off and Landing Strip.
E. The maximum number of users is one person, namely: Kenneth P.
Rosling, Co-Partner of Westberg & Rosling Farms, with operation of small
private plane piloted by said Kenneth P. Rosling. There will be no
patrons , no members, and no buyers.
F. There are no employees, no shifts, and no regular hours of
operation.
G. There is no water needed for said proposed use.
H. The access routes for vehicular traffic to said proposed use
site is Weld County Road No. 91 along the East boundary of said Section
Sixteen (16) .
I . The vehicular traffic to said proposed use site will be only
by private automobile and by farm trucks owned by Westberg & Rosling
Farms.
J. No sewage facilities will be involved.
K. The fire protection measures associated with the proposed use
will consist of fire extinguishers; the site of the proposed use is
located in the Southeast Roggen Fire Protection District.
L. There will be no animals on the proposed use site at any time.
M. There will be no waste, stockpile, or storage involved in the
operation and use of said proposed use site.
N. There will be no change in the land configuration, it is
dry-land farming land, and no change in storm water runoff will occur.
0. There will not be any debris , junk or other wastes associated
with the proposed use.
P. There will be no proposed landscaping nor erosion control
required; because no change in the land structure will occur.
Q. No reclamation procedures will be required in the event of
cessation of the proposed use.
R. The proposed use does not require construction nor start-up
time. The site is presently in condition for immediate use when
permission is granted by the Weld County authorities.
2
205/4a
WRITTEN MATERIALS
AND SUPPORTING DOCUMENTS
FOR
APPLICATION FOR USE BY SPECIAL REVIEW
(SE;-16-1N-61)
The proposal for private use by Westberg & Rosling Farms for
Take-off and Landing Strip for one small private plane owned by Westberg
& Rosling Farms is consistent with the Weld County Comprehensive Plan
for the following reasons:
1. The proposed land site, and all land that could be affected,
are agricultural lands , zoned agricultural , and are used in dry-land
crop farming.
2. The purpose for use of the Take-off and Landing Strip is to
assist in the use of said land for agriculture used in dry-land crop
farming.
3. The proposed use will not be detrimental to productive
agricultural land use; and, by improving the means of prompt repair of
agricultural equipment thereby conserves the productive use of this
agricultural land.
4. The area affected is sparsely populated; the users are the
only families directly affected; and, the users will not make any use
that is harmful to the health, safety and welfare of the inhabitants of
the neighborhood, which inhabitants are the users and their immediate
families.
5. The proposed use is compatible with existing surrounding land
uses, for the reason that all existing surrounding land is used in
dry-land crop farming.
6. The proposed use is compatible with future development of the
surrounding area, for the reason that there is no foreseeable use of the
surrounding area in any use except dry-land crop farming.
7. The users have lived in the proposed use location for more
than twenty-five years; and, the users are familiar with the land; and
it is not in a flood plain, nor in a geologically hazardous area, nor
within the Weld County Airport overlay district area.
8. No water supply is needed.
9. The ownership of the land is vested in Henry S. King as shown
in deed dated January 10, 1969, recorded January 10, 1969, in Book 604,
as Reception No. 125922 of Weld County Recorder' s records (a photo-copy
of said deed is attached. )
10. No noise report is attached; however, the only parties who
could be affected by noise are the applicants, and members of their
immediate families; and, none thereof make objection to the proposed
use.
11. The records of the soil condition of the proposed use site is
evidenced by the attached Soil Survey of the area prepared by the United
States Department of Agriculture, Soil Conservation Service.
The soil of the proposed use site is #18 (Colby Adena loams, with 3
to 9 percent slopes) and #79 (Weld Loam, with 1 to 3 percent slopes) .
12. A certified 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, is attached to this
application.
13. A certified list of the names and addresses of mineral owners
and lessees of mineral owners on or under the parcel of land being
considered, is attached to this application.
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Application No.
Subject Property SEa - 16 - 1 - 61
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.
James . She ton
Attorney for Applicants
1701 - 23rd Avenue, Suite A
Greeley, Colorado 80631
Telephone: 352-8673
The foregoing instrument was subscribed and sworn to before me this
rS day or-Nd , 1985.
WITNESS my hand and offs al seal .
My Commission expires:
Pe Antinini011 wµ,iruw August 21. 1995 N tar Publ '
1701 23rd Avarua.Suite A .y
ps Caorado 80031
NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET
Please print or type
NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL
STATE AND ZIP CODE IDENTIFICATION #
EPPLE, Russell C. 16436 - WCR 19 148116000001
Ft. Morgan, CO 80701
MOREHEAD, Wm. J. 148115000006
Roggen, CO 80652
REID RANCHES, CO 40433 - State Hwy. 52 148115000007
Roggen, CO 80652
COOKSEY, Vernon L. 41419 - State Hwy. 52 148115000008
& James L. Roggen, CO 80652
KING, Henry S. 2316 - Fairway Lane 14811600009
Greeley, CO 80631
KING, Leonard J. 2071 - 17th Ave. 148121000002
Greeley, CO 80631
KING, Henry S. 2316 - Fairway Lane 148121000003
Greeley, CO 80631
WESTBERG, Rodney L. 2951 - WCR 91 148121000004
Roggen, CO 80652
KLAUSNER, BROS. 44410 - WCR 6z 148121000010
(Joe & Richard & Bill Roggen, CO 80652
HAMMOND, John 0. 2000 - W. 92d, No. 137 148122000005
& Elsie M. Denver, CO 80221
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND/OR SUBSURFACE
Application No.
Subject Property SE* - 16 - 1 - 61
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.
cesa.AMIn
James H. Shelton)
torney for Applicants
1701 - 23rd Avenue, Suite A
Greeley, Colorado 80631
Telephone: 352-8673
,�//The foregoing instrument was subscribed and sworn to before me this
�I�'� ay of---"Voutweto, 1985.
WITNESS my hand and official seal .
My Commission expires:
Tapia A,a,at n,teas
A N tary Public
NAMES OF OWNERS OF MINERALS AND/OR SUBSURFACE
Please print or type
Name (Owner) : STATE OF COLORADO holds title to all minerals, by virtue
of reservation in Patent No. 6472, recorded in Book 1215 at Page 36,
Reception No. 1017962, of Weld County, Colorado Records.
State of Colorado acts by and through STATE BOARD OF LAND
COMMISSIONERS, 1313 - Sherman Street, Denver, Colorado 80210. Telephone
No. 866-3454.
Name (Lessee) : GLENN G. NEILL, Route 1, Box 933, Burleson, Texas 76028,
holds a Coal Lease pursuant to Lease dated July 25, 1972, recorded
January 11 , 1973, in Book 1825 at Page 682, Reception No. 1605146 of
Weld County, Colorado Records.
• :I--
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104 l • I 0
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a ,rprdphy by the U.5. Ucp,,rhn,:nt
of 1r:ncuqure. Soil Cunsar anon Service
u'n I ,,operaOng.lponcles
WELD
: 1)1 PAltl ME N1 01 AGHI((II IOW
ti(III (SONS HVA1 ION St PVI(,k WI I I)CO(IN1 V, SOOT
55141401 NAME 551.11401 NAM(
1 Alt.n^Ion^. O lr 1 Deu P'q sy ln.. 4• Olnl', main,a url lit,3 Prvrenl slope. CU L
A'ivnr. I lr r p, r r r a` (Iln , Iii..d.4 ..,..,4 A l..r.pr ill slopr
Aft, i.. and A.luer.l' Ere ,1g''WNralln 4. olii r Ln sand, roan. 05�I Per VIII slope
4 4/ Olno, Irn,,sandy tam I In 3 pen en!skies. BOUNDARIE S
r A''ate,sandy loan. I I,.3 pert ent snipes 4F 0111,', brie sand,loan. 4 In',Wvr ens slopes
l Arr a'.n swirl, ken,. 3 to`'pt..(ent OH.... '., (Isla!,sand 0 t 1 pert en?41010''As, r(0(5.sand, 510 9 pep( ant slntre' Olen sandy loam 0lc.I per ens slope.. National s•
F As'a.,'' Iue^. 0 5 1 pen em 5100,., 'l Olen,sadly trap, 1 hi 3 Mil ern srtmes.
La As,ale,loan. 11O 3 percent 511,11.• Ottsandy Ina 3 to',pen ent slop"' County or pz
(155i sand, loan. 811.V((e n,.a sloe,
II. Han. s. '. - n 1. 3 pet( .lopr
•
11 b„ _, . 'd, e 0!n1p, n sh. Net,seen u41 Peer,.s'ou, Mom, civil d
I.
1. 0, 5,'' .sneer an I Ic 3 I slope. I'a- �a , 1 Ir.3 pi slope-
I_ t el,.a.r rort.lk, and,So'', .Ir 'll per. ... ., r Hr rr l I' ro 1 1 3 l rat Ylopr. Reser vat,on
14 (Oh., o i ( t. I Percent sl qm5 r Rent clay Ipam 3 5. f pen ent slope.. stale tore:
Ib 0010, loam 1 to 3 percent slope.. and Ia,ge
It Colt,'loam 3 to 5 percent slopes Sri ShIngle loam. I to 3 pert ent slopes
17 Con., loan 5 to 9 percent slope, r'9 Shingle loam 310 9 Pen ent stories
Coop Aden,'loanrs d V.9 percent slopes tin Shingle Renalull comply, 3Io 9 pen ent slopes Land grant
Colornp, t lay,ca-' 0 t. 1 perrent slope..
10 Colombo crar Ipam I to 3 pert em slopes bl l asset tine sandy loam 5 to 20 percent slope. L Ili It of soil
4O,5ne sand,it ft I. 4 tinn ere(-lope(
e
leer sand, loan JI urn er,.nlnpes
Imhoff( ham I It hte.ent slope. e.. Ihed8nftel ion— 1 t'_pen e,t slopes Held sheet I
68 1 hedalund loam, 3 to 9 percent slopes
23 fort Collins loam.0 to 1 percent slopes AD HOC BOW'
fort Collins loam 1 to 3 percent slopes b( Ulm clay loan, 0 to 3 percent slopes
57 Ulm clay loam 3 to 5 per.ent slopes
Haler5'n!oat, 0 I 1 per rent slopes 1.P. UsL, 1omonhentt mode,ately sleep Small air por
2C Have,son loan. 1 to 3 percent slopes 6Q yalenl sand 0 to 3 pert ent slopes Cemetery
27 Held?silly clay. 1 to 3 percent slopes /0 Valenl sand.310 9 percent slopes
28 Heldl silly clay.3111 5 percent slopes
a 71 Valenl Loup sand.0 t O l0 percent slopes
t{ 29 Julesburg sandy loam.0 to 1 percent slopes 72 Vona loamy sand.0 to 3 percentrcent slopes STATE COOK
I
30 Julesburg sandy loam. 1 l0 3 percent slopes Vona loamy sand 3 to 5 percent slopes
74 Vona loamy sand S to 9 percent slopes LAND DIVISIO
31 Kim loam.010 I percent slopes 75 Vona sandy Ipam.0 to I percent slopes (ND DI s and
ROADS
32 Kim loam. I to 3 percent slopes 76 Vona sandy loam. I to 3 percent slopes
33 KIM loam.3 to 5 percent slopes 77 Vona sandy loam.3 to 5 percent slopes
34 Kim Ipam.S to 9 percent slopes 78 Weld loam 0 Ir. 1 Per(cot(00 085
Loop Bon loamy sands U in 3 pen e't s'ope.. Weld Iran. 1 It 3 pen ent slope. Dl,ldeale e
Weld loans 3 to 5 percent slope.. p
35 M'daay$tingle c orioles 5 It.20 percent slopes tl WueY Colby compre, 0 to I percent slopes Other road,
14, Wile,Cobb,comple, I t0.4 percent slopes
37 Nelson tine sandy Ioar`.0 to 3 percent slopes 5: Wiley Coaty ton,pie, 3 b.5 percent slopes
38 Nelson tine sandy loan 3 lc,9 Percent Slopes Trail
39 Nunn loam.0 to 1 percent slopes
40 Nunn loam I to 3 percent slopes ROAD EMBLE
41 Nunn clay loan, 0 to I percent slopes
Nunn clay loam. I to 3 percent slopes
43 Nunn loamy sandy 0 to 1 percent sicoes Interstate
Federal
State
County far
RAILROAD
POWER TRAK
. (normally nc
PIPE LINE
I normally n,
FENCE
I not malty n.
LEVEES
Without rot
With road
With ralro,
DAMS
Large (to 5
Medium or
r -
d 4 k d r * A A .54�:k,y.wr� '-•-•,'-',5‘••'"'' t 1at'', 9 '
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d,
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a6� i • sli.00[� rM___ .eJ�kra ...- — a a eWr Li ,. ci Q4b o
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was ,,._ Pi' r 43/4 �4�� q ,..w.
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Pw w , � p dew LOS on mere Sea Salmi s".4 ai 1 y— ia • 7 C .0. s Ik ^
pay ti e, .
PAUL is. YB 1! aka `-Ad: ►RL and MEA OR PB►m aka - I Q ad.. k,) s <wy)
ELEANOR B. FEMME!' ' *- -. Tit e i h",", I
" t dm. Combd a1' .warm d Cet.ae.d Se id sett t.. L -. ; ✓�-t th P
v HWT S. 1.'0G 4*.' .r' ,,, 9
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0, dew Gat.d Velc, .w spar a Ci.M d is amw Pmt 1 a tW re + ,-..,t;'-‘,,,,. na
t a wffNaitxT4 TINS the w Putt ea d th.and Peet Y W i etageres d Y d� �;' ✓w.I r 'ty }sub M
Y �.°n �e, N
h 9` vi• Sixty Thousand aad no/100 _ _ - _ d tY ww ..yt.e..d ib ^ .; 1
441.,-
:'F F)"
sr m4 Pmt ies d t Snt win
S has
PW 402.
the pa4 Pros�, ;4z''�,r•.
w r � Yeda mdre sad ad...Y.d.bate oe.+.t.Meraned.will W...4d w by em Pr.tre Si'
5 s .. ere.SMIRK Ia.name sod cadYm woo We wed party d W rood pd. his Yin W rte. :it tic- it.•C' �-I
fraw.al M iaa4 amid lot A Jowl d spat intro bias sod lag i S.Cww d wag .,�r .^ t r`1r`'.; , .4
',a-7 , _ w Wet Cidra.Y..t : :,c. o
a
i- The East Half (F$) of Section Sixteen (16), in Township One 7+e; jam }�..• o
.w paw (1) North, of Range Sixty-one (61) West of the 6th P.H., ��i r, ,4.c i ll "�' 0!,
g " except all minerals heretofore reserved, end the Southwest _,�+ n Y,p;+
" Quarter (WA) of Section Ten (10) in Township Cbee (1) North, �, ri ° o
s, ,* Weld Coa ty 4 t M4 r "' o
C"'''' {, of Colorado
Sixty-one (61) West the of the 6th P.M.P.ht.,
raw„" Colorado, reserving unto the Grantors the survivor of them, : ç. - ' .°, „ , +
� 4 their hairs and assigns one-half (T/2j of all oil, gas and '',3'"'-'a'��1
other minerals within and underlying the said Southwest .g#.,r� tlE,, <e it
r O..
Quarter of said Section Ten. k a, ,J+y
it o
P )4
, UN ,1-e 1'
I.r N C r
�ti c'W pat •-•
_ r-,voi t s� �4 t 1,
l7
4 * , oo TOGETHER en wit .. .a r S. M ndkrW,.d rr.neaut.e thalami.Mi.dog.Or i ant- u *1'4 p"tam
�' i<i, O .Y.wrrri+s w die memo*w revn.ww. .ma.r.W- ' ' — .ma.,we bad profitsee.d:w • V4*.,.) r w` "w
ant.par...Nt.tide.Sesr..cu.w«...a 4.n...r d dot all et ies as.,Sra a...a.S n 4.• 't , .
- 'ee',r t V 4
y,.1., se.edw.4 I.and r the.tore 9repai..t raises,with de Y...tYuwsb W..P.erte•ee. a II; 5 } 1', 0ILV
{ TO RAVE AND TO HOLD the r4 rams aMve bargained sal enrrW. ugh enema wr t-. r ,� .r
""k Se w Md d the tress pn. his .dn sd wP.Wee.er. And M W panties d so id :y am 4n CFA
7
,s ry rt.
vim. Part, /or the�salvea, �.. sor..r+ sod d.i.W.eor.do m.....t.tvo.Mori W sire ��,0•444-{ "t x� > r
`"%1elanrr.tpn. his • • Wind...as a en ema deoar • pas . §�
.a+ic.,r. a pa w de M y par y $ iy c V'n"
it sealing W as.rs d those r«r they arms" ,vied d the Pertr..Y...r es d psi sws.Pr- �4:" r 1,110-.
,4 '
", as thaw..w idd •
ft UM alealdo w i.ral&Swale d W W.ea i M,i 1r d.ed.w ire goal.Mt. .'
wgrer r�.SopaM M W came the le mans and form d.md4 w eat Se .r r W I *'p ^�+r i t
Pt, ii
r 74 d F. W dam Y.a a former and other gram. Mepai.e. rte.lea tor.maetmar.W flinger d wi.Y.er is ie•ro lilt;,, �w+.i4 J
ens 4,,,2 _ W e�e mown ;t ; h4' ,
z�'<i') •: Subject to taxes for the year of 1969, any valid ernemeats of ,.. r a�
1 $" record or saning restrictions, or liens created by any lawfully e� • a
vi4 I. organised public district or political subdivision; A `-; r :
',,y1 w' w ma wm pair. i t e — w w.crre we•iw d th.rN pa ty d tM..eve pa..his O, 't,4, i ,
Yin and ri{e.Mw a w every versos r anew lea$ clean r r clam tht flak w gay par t7 - e fww L..
n t4$:''
m..4 e.-parties ad.*find pet.Ma w wig WARRANT AND NOEEVEA Da7CFD. cl ". y>-.k; -r s%
- ix wITNm WHaeaoF.TY said pan its a m.lint Pet Y Y•Ynwe.ma their- a-al writs+ „ s ,a
'��ls tl sale r meant�lea.tom..Yam. �.�} ��e� q
ii x # 46 fitatdeirraaragraginiCerSIAL) ,. ' 41' 1...,-P1 lish
n - , ` y,r a 3.
fir, -- (SEAL) , <,it.
r WNswvN 4 .A
orb M'•ti frerma r ►dam.r eia�_.( red I +yyy p
i pt�r uLt �_ Y1UL aka PAUL ✓
• ♦ January-- afi9. a_-,�YBlNSEK
,w fir, l:i. a t 9 P‘'41 si„, <i••, Fitts is and ELEkNOR YBAlhSEN aka FLELHOR B. flaNSHI. � t
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�httpil�u,14elk 'We.L1 :..sit Donna sae the lairs ad mica of .Ir r..r7Itorr f ;',/%/
//wAte 1yd wir,10ilr4 y "•64,nvi,#.rT»n4./ry en4 /Ar/r/r/se.' s
Il a Nr4'/.4r•i4wv� /�N/• iorw/✓y 7L 4,-./4.41 4,444,‘%r Ir w/NN//,,,,,,.r'rah 4,,.J
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/.1Il .II. O:VO Ar rlp.rl I///Ar 1r t //(rri/rJ//t oVedir '/� In �..irM1 ,/•/•
.wrfrn//W/wwrG/N✓,6111/iw+L�n d_e ,,..r.SLt t.,r nr tn.� tosiir a.ln,...a w s G
-,- 1 .,n I. re or yen .,r..ror r..r
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. bill./ .�/�•IANH I..YY,//�IpIN/r/.Gi/D4 A' NvmD4•.Rr4N//N./
. (7,),
.w %:nr///N/y4r.'/4r/q/%.A✓r/r.wG/•.6.M/iw.wt'n//rrsi✓
I IVI N N I.w'r..rM M 1040 ,19IVIOW St taaV-nlau
may ,�
.ell f' ;'J in,wr.adiega b.r'af r
In. .1 4m. V� ?Pie
Card &rob 2.415. If • . •
Certlfl_D'• ,t Pl.e of 4r. .a FNF.,1oe.16. (((' 11 •
_ _
+'41 4 61 t a r`' 6 1.,:.:. ,, 1,,
lioi a a>F*>� ...N. 1605246
sl r ', i 12.1
- be err-,Omni
r�q1 '' ' 2 j ',Perm 7-3rQ � "
' t2n* 683 978(W. Mal 6"
T, 'oi
RECEIVED MO's , a 1971 co4o.
i' , \J STATE 01 COLORADO � st�
1
Q3 STATE BOARD or IAMD COMISSIOIREI REl'k ql/I'Il {,
gg qq C Department of Natural Resources
It, 9
hen.rsr. Colo:ad 8003 o 2 !'41:i
JN
6 ,4 \ COAL MINING L1 ASE 640, Y/ rti yF
<r
4/ r1 + i1' THIS MINING LEASE, Made in duplicate and entered Into this 25th day of
1�yi ',r x g ___,,lay___, 1972 by and between the Stets of Colorado, acting through its STATE
Y"' - ta BOAR) OP LAND COMMISSIONERS, hereinafter referred to as lassor, and
�+ �_' GIVNN G. NEILL, Route 1, Box 933, BuSlesoo, Tens 76021-
r , . hereinafter referred to as Lessee: 7 • ,c
ff
11• f` t g VI'!M!5[IN: Lessor, for and in consideration of the sum of EIGHT TNDUSAID.
11 i ti a oN[ LONDQD. IYENFP-PIVE AND 80/100 - - - - - . - - - - - - 'Dollars (*5.125.80 ), 7
1, (i g o receipt of which is hereby acknowledged as payment of filing fee in the amount of "�
qR o $ 1,354.30 • and first year's rent in the amount of $ 6,771.50 . and in further
6j� . ' tat consideration of Lessee's agreement to pay the following anoints annually as rental
+' k ', ,' a in advance on the anniversary date of this lease so long as said lease shell remain +4
k �y, , ,i in effect: ! r
El
"` `• A LEASE TEAR RATE WV ACRE
t 2nd ;0150
r4 L ., 3rd
_ y .
4th
� ' U 5th ad all subsegmeat years "
v
y as
Jil I 201 and in further consideration of the terms and conditions hereinafter stated, and of
t• I. the payments of royalties reserved herein, to be kept and performed by Lessee, its 1
4. la tr and assigns, does hereby demise and lease to lessee the right and privi-
lege of exploring end prospecting for, and mining for and taking
�+�� �': ' lends hen coal from the
;. iea[tar d. , ad being lathe :booty of a-awn sun m),
'`i `� 1 - AMPA�il 920.00) IDNnN(1' • 'VT l ,, a-wit: -- c 6�t, i ,
4` 4 _Schedule -- to be attached to Colorado Coal Mining Lease No. 377/13-1 a
I' li ': X 2 ACAsg SUBDIVISION SEC.TtiP.iNNG� COUNTY PATENTS
t'' ! ' 640.00 All 16-45-5911 Arapahoe None S5
! f . 160.00 88/4 6-IN-6W Morgan 6695
zts r+ 320.00 1/2 13-1N-60f1 406263
Ake ��` 640.00 All 16-1N-6011 " 6364
I, 1 320.00 1/2 32.11-6W "
�+ �. 640.00 A11 16-15-6 Ads 3642 j
011
IL, }M I 1 160.00 11/4 26-15-6W 6972
4 i t.- I 320.00 11 4- -6W
/4; 1/2 8/2 315 - 4504,NE/4: a!! 3405,0/2 5/2 •
r
s.1 le to 640.00 All 1f- - $
1.1 0372,Ni};
1
{yr
3873,511%; �.
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4, In 160.00 n/4 14-2g-6011 - 286249[}
,1(, 4 1 640.00 All 16-2S-60U - 5432 9 ,
, 4 , e W
200.00 1:0400 ink;0043/4 1}wt+11t 24-25-6W " None
1'{ h 2:, ,e, 640.00 All 36-25-6W -
.d y' .. 640.00 All 16-35-6011w 6755
No
p' 640.00 All
j� i. a 36-35-6011 - CNS-19,N1;
M
i zI� � a 640.00 All 16-41-6011 Arapahoe 7422SS
t', k? '1 o 640.00 All 36-45.60W - 5503,u%;
x, 6962,51
,rI
302.36 11/2 7-1N-61Y Vold 6246 7� `
at 4 .' 320.00 1/2 12-111-6311 5992
' 1 it2 640.00 All 144.11410 - 6472.E1i 1 . '
p —.
F l I` 640.00 All 36-1114111 a 6400'111
d Wee a
, I} 3i 640.00 All 16-18d1Y
6046
r tS 640.00 - All 36-11-6111 Y* Noneti
! 560.00 1/2; 1/2 Vag 1/2 01/4 12 210.610 -
- lbw
t i• I' 640.00 All 14-21.6111 3851
I4 ti 1/28 640.00 All
5r/4 is-3f-67229.0011
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117
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_ _ .
� Mr ACRL7 SUBDIVISION _ giC.'Fp,MIIOi !ASKS! lwsels n
eoot1825
11,541..36 .. .. 315 JCS D JlZ *maim �
I �.
•+ rends School sox PAGE�W 1
containing 113331.2 36 acres, more or Lee together with the right to w as mesh
h of the surface thereof as maybe rsasoa►ly required in the exercise of the right
to mine cal„ Including strip mining, and the reasonable right to ingress and
C egress; the right to the use, a y.
during the term of this lease; of all otherwise to
preprinted water from said lands but not from surface lessee's or surface owner's i .
', water wells or reservoirs (it is understood that no right is t under ldr this lease
to appropriate or establish • waterwaterright){ the right to construct buildings,, make
excavations, stockpiles, dumps, drains, roads, railroads, power limes, pipelines and
other improvements as may be necessary in the mining and removal of said coal; sub-
jeer,
however, to all existing easements and rights of way of third parties, and the
rights of surface lessees and surface patentees, and further subject to the terms,
conditions and royalties at out in this lease. The above. sntioned rights may be II exercised in connection with the mining of coal from other or adjacent lends only when mining on such lands is carried on in conjunction with the actual mining of.I coal on the land herein Leased,
RESERVING, Sawerer, to the State of Colorado: }1,
A. All rights and privileges of every kind and nature, except as are herein
specifically granted.
E. The right to use or lase said premises or any part thereof at any time for any
purpose, including the right to explore and prospect said premises other than{ the locating of coal deposits, which use and leasing of said premises shall be
for purposes other than and not incos with the rights and privileges
heroin specifically granted,
C. The right to dispose of or lease the surface. I11
llll
k D. The right at ell times during the life of this Lae to go upon said premises 1 and every part thereof, for the purpose of inspecting sane
it accounts and records of mineral workings therein, and of ascertaining whether
1. h
—_ T
G
•
•
•
•
Pr
1it .....
I II t i, #. l :.i i,as.,i=a K )i1 4Xi �� ,
f
kd I �. _ ... .._ v. mod_ y
� •lMln ' ;ii
�• • �- ' 6a3 Roof 733 n 207 asoss�c Ili ,t ' y
}
404825 muc&84
t f
4 or not said lessee and those bolding thereunder, by sad from it, ere carrying
out the terms, covenants and agreen stem in this Lase contained.
t ' { TO HAVE AND TO BOLD The above-described premises, with the appurtenances, tate r. .
} the Lessee, its heirs, successors, assigns, or legal representatives, from Twelve
O'clock Noon on the 25th day of JULY _ 19 72, for the full term of IDI
--------- ( 10 ) years, and until Twelve O'clock gone on the h day of yr
1{ _JOLT 9g2. 1 , and, except as hereinafter stated, as long thereafter as coal
t' is being produced in paying quantities from said premises, and the royalty and
rents provided for herein, or by any extension hereof, are being paid, subject to
the following terms, conditions, and agreements, to-wit:
I I 1. Minimum loyalty--As minima and advance •
•
I _;i of coal mined frees the leased premises, the Lessee
relation Lessor to the the telt
,,. pay to fol.
LEASE TEAR NININLL7 WTALIT 14AS4 1444 MINIMUM BDTALTT
1st thru 5th None
Acreage changes resulting from surrender or partial assignment do not seance
the minima royalty proportionately.
1 f
Further, at the end of each five-year period, the (bard may fix the rate of
ad royalty to be paid for each succeeding five-year period of the lease,
In the event said lassie shall not extract from the leased premises the minimum
amounts above specified, it is nevertheless understood that the above sums of
E ik money are royalties, and are due and payable to lessor whether coal is mined or
' 1 not, but that such minimum advance royalty shall be credited upon the first
• royalties due as hereinafter provided for coal actually produced from said
l [ ' premises.
2. Production novelty--Lessor hereby reserves and lessee agrees to pay to Lessor
as royalty the following: - .
(a) A sun equal to ►In per cent (j-;) of the groom sale price, f.o.b.
+ �c the mine, for each and every ton (20300 of coal mined from the leased
9 ,' ' premises (it being understood that the gross sale price shall not be less•
than the reasonable market value of coal of the acme quality for the
general area end mined and marketed under the same general conditions,
and shall he subject to review upon demand made by either party). Ia ne
case shall the production royalty to the State he less then TWENTY
• Jt `2U c) per ton,
' (b) A sum of. . c for each and every ton (20004) of all coal mined from the
prises. Within sixty days prior to the termination of each and every
five-year period for so long as this lease remains in effect, the State
ii Board of Land Commissioners may reappraise the property heroin leased cad
j : Ir fix and determine the rate of production royalty to be paid during each
4.. year of the succeeding five-year period. failure to comply with any now
royalty rate set by the Beard nay subject this lease to cancellation by
i thirty-day written notice by the Beard, as provided in Paragraph 19 hereof,
I If requested by lessor, Lessee shell furnish proof of price received for
all coal sold• Such royalty shall be due and payable in. or before the
r f Twenty-fifth (25th) day of each calendar month during the term of this
lease for coal mined, removed, and sold by Lessee during the preceding
' 4 calendar month. r i ,
), 3. Overriding Novelty Limitations--It is agreed that this lease or any subsgwet
t f assignment hereof may not be burdemed with overriding royalties the aggregate
f ,1 of which exceed 22 proper ton. Lesser must be notified of all overriding
royalties accruing to this lease. Violation of the above Rey subject this
lease to cancellation by Lesser.
" ei ht of coal--It isp
qqq 4. V agreed that all cool mined mid taken few said rnmiaea
shell be weighed, and the weight thereof shell be entered in due form in
. i weight records kept for such purposes by Lessee,
q
•
I
t'
I 4 t, •
ter
_
t
1, "'
a yt
; 683 boat exEO8 i160510
• sol1 periods N
It is agreed that the term °ton" as used herein means a ton of 2 s o
merchantable coal as shown by miners' payroll check number or official railroad
r' scale tickets, or by weight determined at the edge tipple, or by weightometer;
y
provided that where lessor determines that it is not possible to determine accu-
rately the weight by such means it may, by its duly authorized agent or agents,
elect to compute a ton of coal at 27 cubic feet of coal in the solid or by the
meaauramenta of the space from which the coal is sdned, deducting therefrom all
space occupied by date or other impurities, and in such case the said compute- a
tion shall be final and binding upon Lessee.
S. Reports--After operations are begun, it is agreed that on or before the 25th
day of each and every month during the term of this lease Lassa will make a
sworn report to Lessor, in which shall be entered and met down the exact
•
mount to weight of all coal mined end removed from said premises and sold
during the preceding calendar month, which report shill show the amount of ,-y.' .;
work performed during the preceding month; lessee shall also, during the term of this lease, make a sworn statement to Lessor diseleeing the number of tons
of all coal mined and removed from the premises during the preceding six-
month period, and shall oaks such semi-annual statements on the 25th day of
each sixth month of the term of this lease. Further, Lessee shell furnish a
Imp annually, showing all workings. depths sad thickness of coal with loca-
tion of same tied to a corner established by Gaited States survey, certified
to by a licensed surveyor.
S. Inspection--It is agreed that during all proper hours and et all times during
the continuance of this lease, Lessor or its duly authorised agent, shall be
and hereby is authorised to check scales as to their accuracy, to go through
any of the slopes, , shafts, openings, or workings on said premises, and
to examine, inspect, survey and take measurements of the same and to examine
end make extracts of copies of all books and weight sheets and records which -.
show in any way the coal output of the leased praises, end that all conveni-
ences necessary for said inspection, surwe or examination will be furnished
to Lessor. ,
7. Ninins Methods--In the underground and open pit workings, all shafts, inclines,
end tunnels shell be well timbered (when good mining requires timbering) end
all parts of workings when coal is net exhausted will be kept free from water
and waste Imterials. The underground and open pit workings shall be protected
against fire, floods, creeps and squeezes. If such events do occur, they are
to be checked in a manner which is in keeping with good methods of mining.
Such methods of mining shall be used as will insure the extraction of the
greatest possible amount of coal easaaaaat with prevailing good mining prac.
tice, and Lessee agrees to protect coal beds above and belowthe one being
mined.
lessee agrees to slope the sides of all surface pits or excavations to a ratio
of not more than one foot (1') vertical for each two feet (2') of horizontal
distance. Such sloping shell became a normal pert of the operation. UM
practicable, ell pits or excavations shell be shaped to dada, and in no case
may the pits or excavations be alloyed to became a hazard to persons or live-
stock. All material mined and not ra..,d from the premises shall be used to
fill the pits so that at the expiration, surrender, or termination of this
lease the land will, as nearly as practicable, approximate its original con-
- "h.=_ yyr figuration, with a minimum or permansot deluge to the surface. lestoration of
the surface must be done to Lessor's satisfaction sad in accordance with a
previously agreed to plan.
Upon request from Lessor, lessee further agrees to submit plans and moos of
proposed mining progress in advance. so that lessor may be fully aware of the
proposed operations.
S. Rights-of-Vey--It is agreed that Lessor reserves the right to grant rights of
way over said premises for public roads, railroads, power, telegraph, tele-
phone, pipelines, ditch and canal lines; but that such grants shell be subject
to rights of lessee. I
- f. ,Notices»it is agreed that any notice required to be given to lessee under the
provisions of this lease will be sent by certified mail to the address set
- forth at the beginning of this lease or to ouch other address as Lessee may lime ,
.c' dicate is writing to Lessor, and each service byden—4 will be ...trident4 ...trident t"
a in fell compliance with the tern of this lease. Notice to Lessor will be " .;��
o-, nd given la like meaner. addressed to State Bead of Land 0o•lesiteen, Deaver,
Colored*, 80203.
.}
P
VW _. •
C l 4 17ja ' .. ,q 14,'
y
' 'LL E 4 '0;t4 b 51..
L + J����1 "�
' ` I, 146 Y P ]k^ %
ipa. �yy� 4
it,, •', ;t«'BAs 733 PKi209 7'5 k 3 'tit
x p .1 .)� BOdh eootl 5 ( *44464. .w• .0 •1,
'rvu,� • E t q,: 10. Assignment--Lessee, with written consent of Lessor, shall have the right to r f }a
„ , assign this lease as to the entire leasehold interest of such lessee in ell b'41,a40,401rf fin, r,,.
or part of the lands covered hereby; not less, however, than tracts of tap- t
y. a '" proximately forty (t0) acne or Covetsentel lot eernsponding tea guartfM1 , � .u1 ;0,,i,
�' ._ 4.4 y,s4 9wrter section for key partial assigi mt, and for approval of such assignment � ��,�y 4�,
9, cl lessor may make a charge of Ten Dollars ($10.00) for any one assignment. No ' �y
04, ' tr' assignment of undivided interests or retention or reservation of overriding 's T. ,t ., v t
4 ( I dP royalties will be recognized or approved by lessor, and the effect, if any, of j T`id .C ,} .%,
rvy any such assignments or reservations will be strictly and only as between the �
F'4,'.0"
' parties thereto, and outside the terns of this lease, and no dispute between t zs t i'
i parties to any such assignment or reservation shall operate to relieve lessee ri"�� y 1,dw
from performance of any terns or conditions hereof or to postpone the time r{ . ' Via e 1
..., k 1 therefor. Lessor will at all times be entitled to look solely to lessee or k' pc:' ' ^'
'} r 1 411 r i;.J his assignee shorn on its books as being the sole owner hereof, and for the `lr,+�Y ,� °'° r
d 1$; 6 _ n •ad, sending of all notices required by this lease, and for the performance of ell •r. . 11��_,_�4
VI` `1+ terms and condition, hereof. If an assignment in whole or in part of this lease . r r'�"
+r � , r''
is approved, a new lease will be issued to the assignee covering the lands map ,9 N� ;',
�, dx'. assigned for the balance of the term of the lease on the coal mining lease form ."a u �'
';a 4 t x , in use at the time of assignment and limited as to ten as said lease is limi-
t" w ' r"7r ia^I u
wq , a ted, and the assignor will be released and discharged from all fustier oblige- %G a,'v• 'ra r 04
"d�a b ' %e� tione, and shall be held to have released all rights and benefits thereafter ‘,t/'41I, + ;,4'f.�1 r
t#v 1 ;?I accruing with respect to the assigned land, as if the same had never been a 'rx'� ' 'i� v,+}
4 Jrpart of the subject matter of this lease. {c
I i 11. Prospecting--Lessee agrees that while using and operating any drill on or ,. a �hY � ,
)• [ av within one-quarter mile of said premises, it will keep an accurate log on all T ty K 'v� „s�,
a1Lv fir' ` work so done and performed, showing geological formations penetrated, the. , r¢�8*'2r, ,4
} i �` : depth or thickness of each, the mineral character of each, especially coal and ar, 4 'Orb 4.1
w: i • >. water-bearing strata the location of same by elevation at surface level at we=n ' rb 4..
4'4g EPPPP F 'y, drill hole and tie to a corner established y U. S. survey, bed each and every `o ar' "'t „� ,
layti ' a k thing necessary to make a complete log of the hole throughout its entire depth, [qt.'',6 rpa �` ;ipv
1 I• t e true copy of which said log shall be furnished to lessor. 'fi r ' 14,4i
C yyA
t 1,,,...1,
�C It is understood and „`j, 1t + ,•
't Qmi v. agreed that the methods used in carrying out any program q,I 4'� x fix
of exploration, and the rate of progress of such program shall be determined by r' n '•1;
UMW. If lessee curies on any program of t`4 1iii °
,� a µ , n p ng t otter than drilling, r q o ��.,.,
c P n ma , `�r. it will submit to lessor written reports showing the character and extent of "4 Th1" 1*L'r; l
C11
y cool prospecting being carried out on the leased premises and giving any de- r o-ettr�r�' c.ffa;
i tails of coal outcroppings or sear which may have been encountered; and lessor m4 TM . �•
�+ . I. (, 1. agrees that during the term of this lease all such information supplied to it �„�-> "¢ o
it,w ) + , , ' by lessee shall remain confidential and unpu►lished se far as consistent with .'' + tFr .,"
law.
"+ i t -4 mac 12, Surrender and Relinquishmentt--iessee may, at any time, by piing to the gate of r � ,�� ,v'�,v y5�,�{"�°,
a /Ft b r„ Colorado acting by its State Board of Land Commissioners, all amounts then due i `p k ;+¢� % v�g,rof
'',Y 3 kg' as provided herein, surrender and cancel this lease insofar as the same covers s�`�
o ',;!?,;`01.,
n" all or any portion of the lands hernia leaand and N relieved tams further oh- fitl,v4. t X'�'7,P{`,
', ligatione or liability hereunder rich respect to the lands N surrendered; pro- a ' r "' d ',e `�°
m q'1 � ,1, n s melded [het ne partial surrender or cancellation e! Ibis lean shall be for less .}1;t�,,VFF"i rnk 11
' $ 4, Chan [taco of approximately forty (b) acne oe Covermratal let cornsponding t ,?`.. a ''
tl + a, to a quarter-quarter section, the rental being reduced proportionately; provided 'd „ IL
,444 S x,_ further that this surrender clause and option herein reserved to Lessee shell ",',A3q,��'�S "',�>" ��,
1 pi'ry 1, � 1, cease and became absolutely inoperative immediately and concurrently with the 41',ya'�">A"° a ,
6 • ' C.4 institution of any snit in any court of lam by Lessee, lessor or any assignee ten a ,' sty7"'�
`IN tt I& i + of either to enforce this lease, or any of its terns, express or implied, but is .' 4 firm 4Chi
"v, S, 8'^ ` ), no case shall surrender be effective until lessee shell here mode full provision Uir a �'�,n
t�R�iE 'f if �@'i, for conservation of the minerals and protection of the surface rights of the } +p"h> • ikr a
+v, . ,� ' q{ leased premises; All information in Paragraphs S and 11. above. must have been 7`a₹ly y µ ''n
.th10,r : tiled wit:. the Board before this lease met be terminated. '� •• crol•, vq �
s ^ape. 1J, pater--If Lessee initiates or establishes any water supply for which the point °t s '' ')-yt',
`1 I. , of surface diversion or ground water withdrawal is on the leased premises, such ,,. t J %-4. ;.
'4q 'l.`S. supply shall, upon termination of the less*, became the property of the surface n�,isr y !w"@q'"ri•
v 'h It
*V- owner without cost. ki°0 '�s'{,,1 ia,i
rH lg. trotection against Surface Demote Lessee has the right to utilise as much of '''1 �wr"rA,t f
:% �, r`'- the surface of the lands es is necessary for miming operations, sod shall be t th +P' v.;
„ « p Rt liable sod agrees to pay for all damages to the surface, livestock, growing •• � .��
,fie � % ;Ara crepe. water w1Le, reservelre, er ether isprevemames eared y Lessee• epee- 1 r ' + -1?
a [lone am said lends. hKMr, !t le aadereteed that this lease le subject te sJ r.,,,,1w i r��re
'�� 'f .y twrlace patents, deeds, and certificates of purchase, and Lessee shall asst .. , l' v,wgt S,;a
v ' respectability for all claims arising frem dame in to tee aortas sassed y its pen' x a1' ,o-p
3 o tit,.: ties. �sr��,� �' '{� n
1'`} a r, ty.. aa' 7,L T"k Le
v t :) ) YKq fs,t d ..J 0.,b Y"-,'IN YN O ₹� e aF r Mfr)l'A e N ki a f I',
,f ) ) 't 1' '' ' 41'
Litt F t6 �' 'f ¢''. ,:g with µ 'Ali '1 �-. for. 9e. rn. r ,+y .Y,ikulP v an;p
dr, A ° Q k "'�'� t
S; ° " ? see Tag „ 210Kot foof15 7� r�
3
w, "° H4 A. 12. Indemnification of lessor—Lessee further agrees to bold Lessor harmless for h y,�+' '4'i �l
'� `+ any and all meaner of claims arising or to arise from the said leased premises n . xx v>}:. �°
d ' �'` by lessee whether from soil or surface subsidence or from may other cause or '.,4:Ffb1<1 ilr
ilb�ilt-F }g, say other nature whatsoever. )�4 p
s i
-.s ... 16. Right of Removal--In the event this Lease is terminated by forfeiture, surren- I... .`�•
r r der, or the expiration of term, and all obligations of lessee under this lease i+ '* ).r.j°. ,Ft
'` are satisfied, Lessee may remove all his improvements and equipment from the ,> blq Y°'k fi -
leased premises within six months from the date of such termination, and such It5i,i4 , mar .".:
B 6 removal is to be accomplished without unnecessary waste or injury to the pre- W y!' ° , '
' '' i it raises. All improvements and equipment remaining on the leased premises within14 " 'I�y'�'" t
i " six months after the termination hereof shall be forfeited automatically to ^yk" ''3,±,� - r+`
V ran the State of Colorado, without compensation.
�� p l ; l'
4‘\I!0 14 1 1.r 17. Compliance with Lew--Lena further covenants and agrees that during the eon- IF1 der ,rF, #F
a § v y ;k tinuance of this lease it rill comply fully with all the provisions, terms, +t�f y, . ii
.,, *, 4`,tj. and conditions of all laws, whether State or Federal, and orders issued then- 4S ' °
t cap.. under, including rules end regulations issued by the board, which may be in F)t i,
`' "k F€ effect during the continuance hereof relating to mining or other operations •".1',l. jwI
i‘ri �.. of Lessee.
' ' ) + t�l n 4 �' .
V IS. --It is agreed and understood that no operations are to be comwenced on yy) N
I +, ��I the lands hereinabove described unless and until Lessee or his agent has a ,.1�2>r . ' . '�
�{, " filed a good and suffcient bond with Lessor in an amonnt fixed by Lessor, to I. 5 ,, +t5, rM,
)°�, secure tea payment for damages caused by Lessee or his agent's operations w ₹ fir -, T
r ' I. said lands, and compliance with ell provisions of this lease and rules and c•+ ""1₹41 d 5; °'
" i' regulations issued by the Board. Lessor reserves the right to rant relief ' �l:at� s`'
t % a. gf SIrsJ
"�. from the foregoing bond requirements. i q d
d
p Iin
+ ₹ 19. Forfeiture--It is agreed that if for any reason Lessee shall fail to keep . «�` 'H 1'' $ ₹) each and every one of the covenants herein, and such default continues for 1 k'' "' • period of chitty (30) days otter eanice of written notica thereof by ear- F(' t .F t1141",,,;614Iti[ied mail uponLenses, Lessor ,leashew tearightto declarerhos lea 441,y y ,.. forfeited, and to enter onto the leased premises or any pert thereof, either + Yr
J 4 P N ; lasso or or without process of low, and to expel, remove and put out s or any , : 7,i
r f l' • AIli person occupying the promisees, using such force as may be ry to de so. ..A i
° In the event of the termination of this lease by reason of breach of the V u
�y , ,4 f i covenants herein contained, Lessee shall surrender and peaceably deliver to t k v ri $ q
a�Po� ei ' tai" Lessor the abated bed premises, and such premises shall be in good mining r,`. ""' 'a&*fe^ w4 e
Fit 0 1,F condition. If, upon termination of this lease for any reason, whether by sure
I ea'
y render, forfeiture or expiration of term or otherwise, lessee shall not have
s :` fully complied with the terms of the lease, Lessor shall hold and retain pia- o ;rI rrr ��
pit+ q° session of the property, equipment of Lessee as security 9 xk`
dr improvements, and • u!
unto Lessor for the payment of rents and royalties due it, or to protect it Far y,l
o ,,.dit against liens, or to indemnify it against any loss or damage sustained by it y, , k 1t"' �,,, k
, by reason of the default of Lessee, for which purpose Lessor is hereby given ?, �S'<P
t • lien upon all such property, improvements, and equipment, which lien shall `fn aF .µ
1x+{44 )F attach as the same are placed upon the premises. In the ens..: Lessor shall '�� d'q.lil`.4�.;
a ray' foreclose the lien in this article given to it by Lessee, Lessor may itself q . .O1, �'r iitwk r 4`
'VW' be a purchaser at any sale thereof under such foreclosure. Upon the termini- �,a ;°' , x,"a1 raa'� v'
.a Rg � tion of this lease for any cause, if Lessee shall remain in possession of ' ' a w,} °fns
" d " said praises, he shall be guilty of an unlawful detainer under the statutes try ,calk *414h$
�c r.. in such use made and provided, and he shall be subject to all the conditions , '* '4 leo," t
,n N 441
' "` and provisions thereof amito eviction and removal, forcibly or otherwise, with z� a'-vv , �.}
,F 4 or without process of law, as above provided. °y, .� 1,�, .G
� Pia, tit
11 P Y9wf„ q 20. Jextension--If this lease is not producing at the end of the primary tare, ' ! Yr .«a N
I r i+k lasses may make written application to Lessor to extend this lease for a
I 0 14 k r r additional fixed term, and the making of such extension shall be et the op- F S3ri t( � ii4.
fF I$L Lion of lessor, and under terms and conditions set by Lessor. pea₹ :;}yy ��y,,, t�$��'
" p �` oaf, w 5°o�S12C1;$4"',`4'�f
a. 21. jextension by Production--Payinx Quantities Defined--Lease will continue in ' +'w iF
effect so long as coal isproduced inquantities. "hying quantities" xoT. } M)� v' }',
w wE paying � 3i c5Ykr vF
' 4 j, lir means production sufficient to return royalty to the State equal to at least ta i , . 'lint si
₹ 62.00 per acre per year. Cessation of production for • period of 12 stoney- F ' ,7.1414' ' C`!
t K ��r4 time months will automatically remove lease from producing status unless rtydd° +„p*e, " w
rts
7 , Y r otherwise agreed to in writing by the Beard. f ti5" `.
ices.-. via it liahla for all taxes 4rafelly raesset en property of lessee °F �)4 '�,, , k!i�
baited on the lased premises. m < xa „gli 1
ads 4.'�,,1�
` rat/ I M/�k
The herfla, terms, d obligations of this loess shall exceed to •d be 'ell 0,' 3,i.'oct,,,r
cad binding car the heirs, smeamars, aitaiatntrh, successors, ar assigns of the n ���
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