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Home My WebLink About860364.tiff RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR AN AGRICULTURAL RELATED STORAGE WAREHOUSE TO BE USED PRIMARILY FOR THE STORAGE AND PROCESSING OF ONIONS - RALPH NIX PRODUCE, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 16th day of April, 1986 , at the hour of 2 : 00 p.m. in the Chambers of the Board for the purpose of hearing the application of Ralph Nix Produce , Inc. , P.O. Box 301 , Gilcrest, Colorado 80623 , for a Use by Special Review for an agricultural related storage warehouse to be used primarily for the storage and processing of onions on the following described real estate , to-wit: Part of the SEQ, Section 14 , Township 4 North, Range 66 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 do not adversely affect the local economy or environment. 860364 Page 2 RE: USR - RALPH NIX PRODUCE, INC. b. The proposed use is an agricultural activity and is, therefore, consistent with the intent of the Agricultural Zone. 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. The Gilcrest Planning Commission has reviewed this proposal and recommends approval. E. No overlay districts affect the site. f. Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Use by Special Review for an agricultural related storage warehouse to be used primarily for the storage and processing of onions on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Use by Special -Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2 . The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services Office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3 . Within 30 days of approval from the Board of County Commissioners , the applicant shall submit a drainage plan for the site to the Weld County Engineering IDepartment for review and its approval. A copy of the approved plan shall be delivered to the Department of Planning Services. 860364 Page 3 RE: USR - RALPH NIX PRODUCE, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of April, A.D. , 1986. • .e , BOARD OF COUNTY COMMISSIONERS ATTEST: el �4-444- '4 " WELD COUNTY, COLORADO Weld County Clerk and -Recorder p 2nd Clerk to the Board Ja .gu ine son, Chairman EXCUSED CTYyc vyc e �.J _Go n E. Lacy, Pre-Tem eputy County rk Q/w APPROVED AS TO FORM: Gene R. Brantner c.wf y ;f u ,4-,x,4-. County Attorney EXCUSED Frank Yamaguchi 860364 DEVELOPMENT STANDARDS Ralph Nix Produce , Inc. USR-726 : 86: 7 1. The Use by Special Review permit is for an agricultural related storage warehouse to be used primarily for the storage and processing of onions as submitted in the application materials an file in the Department of Planning Services and subject to the Development Standards stated herein. 2 . Access shall be limited to the two locations indicated on the Use by Special -Review plat. 3 . Forty foot (40 ' ) long culverts shall te installed at both access points. 4 . The Use by Special Review property shall be SCREENED on the south and east side. The location and method of screening shall be reviewed and approved by the Department of Planning Services staff. 5 . All structures in the Use by Special. Review area shall be setback a minimum of thirty feet from the Western Mutual Ditch. 6 . No trash, garbage or runoff associated with this operation shall be allowed to enter the Western Mutual Ditch. 7 . On-site disposal of produce shall not be allowed. 8. Produce shall be -handled and stored at the facility in such a manner so that no nuisance is created by odor, blowing of debris and fugitive dust , or spoiled produce on or around the facility in accordance with Weld County Health Department Regulations. 9 . The septic system shall be designed by a Colorado Registered Professional Engineer as recommended by the Weld County Health Department. 10. All construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 11. The property owner or operator shall be responsible for complying with the Design Standards of Section 24. 5 of the Weld County Zoning Ordinance. 860364 Page 2 DEVELOPMENT STANDARDS - RALPH NIX :PRODUCE, INC. 12 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 . 6 of the Weld County Zoning Ordinance. 13. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations . 14. The Use by Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Any material _deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plan or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services . 15 . The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may to reason for revocation of the Permit by the Baord of County Commissioners. 861)364 HEARING CERTIFICATION DOCKET NO. 86-20 RE: USE BY SPECIAL REVIEW FOR AN AGRICULTURAL RELATED STORAGE WAREHOUSE TO BE USED PRIMARILY FOR THE STORAGE AND PROCESSING OF ONIONS - RALPH NIX PRODUCE, INC. A public hearing was conducted on April 16, 1986, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gordon E. Lacy, Pro-Tem - Excused Commissioner Gene Brantner Commissioner C.W. Kirby Commissioner Frank Yamaguchi — Excused Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Bruce T. Barker Planning Department representative, Debbie de Besche The following business was transacted: I hereby certify that pursuant to a notice dated March 26, 1986, and duly published April 3, 1986, in the Johnstown Breeze, a public hearing was conducted to consider the application of Ralph Nix Produce, Inc. for a Use by Special Review for an agricultural related -storage warehouse to be used primarily for the storage and processing of onions. Chairman Johnson advised the applicant that only three Commissioners were present for this hearing and approval of this Use by Special Review will require the affirmative vote of three Commissioners; therefore, the applicant could request that this matter be continued to a date when all Commissioners will be present. The applicant chose to proceed with this hearing today. Bruce Barker, Assistant County Attorney, made this matter of record. Debbie de -Besche, Planning Department representative, read the favorable recommendation of the Planning Commission into the record and stated that three Conditions and fifteen Development Standards are associated with this request. She also advised the _Board that Condition #3 has been met. Melvin Dinner, attorney and part owner of the property involved, came forward to represent the applicant. He presented additional information regarding this request and stated that the applicant agrees to the Development Standards as -proposed. He also stated that the Planning staff is holding an application for a Recorded Exemption in abeyance pending the outcome of thi-s hearing. No public testimony was offered regarding this request. Commissioner Kirby moved to approve the Use by Special Review requested by Ralph Nix Produce, Inc. , subject to the Conditions and Development Standards recommended by the Planning Commission. Commissioner Brantner -seconded the -motion which carried unanimously. This Certification was approved on the 21st day of April, 1986. APPROVED: BOARD OF ATTEST ?t,n � WELD COUNTY, CO TY COMMISSIONERS CO ORADO Weld County Clerk and Recorder e— Clerk to the Boa acqu ne Jo n on, Chairman ' er4C-IS-cre/ l c�,! P.J EXCUSED eputy County Cle k Gorroon E. Lacy, Pro-Tem r Gene R R.. Bran r TAPE #86-28 by / C.ti¢ Kirby DOCKET #86-20 EXCUSED PL0032 Frank Yamaguchi Cep ATTENDANCE RECORD TODAY' S HEARINGS ARE AS FOLLOWS: APRIL 16, 1986 MOCKET #85-93 - SHOW CAUSE, SUP #427 - STAN RECH DBA 31 DISPOSAL DOCKET #86-7 - SHOW CAUSE, USR #686 - BERNARD & CHERYL HOOGLAND DOCKET #8-6-14 - USR, OIL & GAS PRODUCTION FACILITIES IN R-1 ZONE DISTRICT - ELK EXPLORATION DOCKET #86-20 - USR, AG RELATED STORAGE WAREHOUSE, RALPH NIX, INC. DOCKET #86-21 - USR, _OPEN-CUT DRY MINING OPERATION, ROGER REEVE PLEASE write or print legibly your -name, address and the DOC # (as listed above) or the applicants name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING P0-27,17 C, B77107,-/ �� ECiG 47;CzJ c ( 4,21 1j 7 � c/ / 5/eYsr e /0&193 �� Po b4 e v Inv k.i eP t PA--c. , 2,-. l v/ 7 etc- - - 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 court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the tearing, the Clerk to the Board's Office can be contacted _for a list of court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so -certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 86-20 Ralph Nix Produce, Inc. P.O. Box 301 Gilcrest, CO 80623 DATE: April 16, 1986 TIME: 2:00 P.M. REQUEST: Use by Special Review - Agricultural related storage warehouse to be used primarily for the storage and processing of onions LEGAL DESCRIPTION: Part of the SE} , Section 14, Township 4 North, Range 66 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: March 26, 1986 PUBLISHED: April. 3, 1986, in the Johnstown Breeze vn I GC .3I; I: EX/n o'T AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO• NOTICE SS Pursuant to the zoning laws.of COUNTY OF WELD the State of Colorado and the I, Clyde Briggs, do solemnly swear that I Weld County Zoning ordinance, am publisher of The Johnstown Breeze; the public hearing otWRw be d of that the same is a weekly newspaper County,Commissioners of Weld printed, in whole or in pu blished Colorado, Weld County part, and CenStreet,tennil Center,, 1510th in the County of Weld, State of Colorado, Colo- rado, at the time specified. All and has a general circulation therein; that persons In any manner interested said newspaper has been published in the Use by Special Review are continuously and uninterruptedly in said requested to attend and may be County of Weld for a period of more than heard. fifty-two consecutive weeks prior to the Should the applicant or any first publication of the annexed legal notice interested party. desire the or advertisement; that said newspaper er has presence of a court reporter to 1 P make a record of the pro- been admitted to the United States mails as ceedings,in addition to the taped which will be,kept during second-class matter under the provisions of record the hearing, the Clerk to the the Act of March 3, 1879, or any Boards office can bepo ersincontacted amendments thereof, and that said for a list f reporters the . area If a court reporter -is newspaper is a weekly newspaper duly obtained,the Clerk to the Board's Office shall be advised in writing qualified for publishing legal notices and of such action at least five days advertisements within the meaning of the prior to the hearing. The cost of engaging a court reporter shall laws of the State of Colorado. be borne by the requesting party. BE IT ALSO KNOWN that the That the annexed legal notice or advertise- . text and maps so certified by the ment was published in the regular and Weld County Planning Commis- entire issue of every number of said weekly office of the Clerk to the Board of be examined in newspaper for the period of ` consecu- County Commissioners, located live insertions; and that the first Cente,Weld 10th 1 1StreetteThird publication of said notice was in the issue of Floor, Greeley, Colorado. said newspaper dated !I-2 A.D. ib!4, APPLICANT and that the last publication of said notice APPLICANT Ralph Nix Produce,Inc. was in the issue of said newspaper dated P.O. Box 301 A.D. 19 Gilcrest, CO 80623 DOCKET NO. 86-20 - In witness whereof I have hereunto set my hand this ....gip day of .s DATE: April 16, 1986 A.D. 19€ TIME: 2:00 P.M. REQUEST: Use by Special - �////�"w�^```,[��/�',.j,• Agricultural related storage ware- house to be used primarily for ,,,, the storage and processing of idePUbllsher onions LEGAL DESCRIPTION: Pan of the SE1/4,North, Range Section 86 West Township of the 6th Subscribed and sworn to before me, a P.M., Weld County, Colorado Notary Public in and for the County of BOARD OF COUNTY We , State of Colorado this ../C?.. day of COMMISSIONERS C/ WELD COUNTY, . A.D. 19cfk.. COLORADO BY: MARY ANN FEUERSTEIN Lf ��/„ei (jc . COUNTY CLERK AND ' •• ••••••• •^ • RECORDER AND CLERK Notary Public. TO THE BOARD • BY: Mary Reiff, Deputy DATED: March 26, 1986 My commission expires PUBLISHED:April 3, 1986,in the Expires Ju Johnstown Breeze My C..,rnmi>r.m, Jun 1d, 1987 -��- '-- 2 South Parish 7+.venue I;•. -. Lit tilt) •‘.) Affidavit of Publication STATE OF COLORADO) County of Weld) ss. Paul Massey of said County of Weld being duly sworn.say that I am publisher of La Salle Leader that the same is a weekly newspaper of general circulation was printed and published in the town of La Salle in said county and state: that the notice of adver- tisement,of which the annexed is a true copy has been published in said weekly newspaper for one 7f:76i3 xxisrur 1- weeks; that the notice was published in the -regular and entire issue of every number of said Pursuant to the toning laws of the of such action at least live days REQUEST:Use by Special Review-newspaper during the period and time of pubhca- State of Colorado and-the Weld prior to the hearing. The cost of Agricultural related storage ware- don of said notice and in the newspaper ro proper County Zoning Ordinance, engaging a court-reporter shall de house to be used primarily for the P P a public nearing will be need in the borntty the requesting party. storage and processing of onions and not in a supplement thereof: that the first Chambers of the Btart,of County publication of said notice was contained in the Commissioners of Weld County - LEGAL DESCRIPTION:Partof the Colorado.Weld County CenfeaMal BE ITALSO KNOWN that the text SE7a,Section 14,Township 4 North, issue of said newspaper bearing the date, the Center,tlS 10th Street,-First Floor, and maps so certified.by the Weld Range 66'West of the 6th P.M., Greeley, Colorado. at the time County Planning Commission may Weld County, Colorado date of Ap" 1 A.D.. 19 fV., specified.All persons in any man- be examined In Me office of the nor interested In the.Use by Spe. Clerk Jo the yard of County BOARDOFCOUNTY dal Review are requested to attend Commissioners,to"egteela the Weld COMMISSIONERS and the last publication thereof. in the issue of and may be heard. County Centennial Centers 915/0t11 WELDCOUNTY,COLORADO said newspaper,bearing date,the day of Street,Third.Eleer, Greeley, CO- Should the applicant or any inte- tirade. BY: MARY ANN FEUERSTEIN April rested party desire the presence of - APPLICANT COUNTY CLERK 8 RECORDER . 19 ,thatthe said a certified court reporter to make Ralph Nix Produce,Inc. AND CLERK TO THE BOARD a record of the proceedings,in adds- P.O.Box 301 La Salle Leader lion to the taped record which will Gilerest,Co5a623 BY:Mary Reiff be kept'during the hearing, the Deputy has been published continously and uninter- Clerk to the- Board's Office CSR DOCKET NO. e6-5@ ruptedly during the period of at least fifty-two be contacted for a list of certified court reporters I"Me area. II a DATE: April DATED: March 26, 1986 consecutive weeks next prior to the first issue court reporter is obtained, the 16, 1916 thereof containing said notice or advertisement cleric to the TIME: 5:00 P Board's Of- PUBLISHED in the LaSalle Leader lice shall be advised in writingApril at the time of each of the publications of said notice duly qualified for that purpose within the meaning of an act entitled, "An Act Concerning Legal Notices, Advertisements and Publications and the Fees of Printers and Publishers thereof. and to Repeal all Acts and Parts of Acts in Con- flict with the Provisions of this Act" approved April 7. 1921. and all amendments thereof. and particularity as amended by an act approved. March 30. 1923, and an act approved May 13. 24'1 Publisher Subscrihed and sworn to before me this . f'' day of (,L 2.4( — A.D., 19 /G Note Public 7r, / - v}/lit t) 2r"lade My commission expires /�116 p DATE: March 26 , 1986 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearings for the 16th day of April, 1986, at 2: 00 P.M. Docket No. 86-20 - Ralph Nix, Inc. , USR-Agricultural related storage warehouse to he used primarily for the storage and processing of onions Docket No. 86-21 - Roger Reeve, USR-Open-cut dry mining operation OFFICE OF THE �CLE�2K TO THE BOARD BY: 04,7 / j�e 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 ,.5 `,S ♦.�._. 0,-4-eit /11#1,7a4/ He_ OO3 Cc,CA°7'i3,, Summary of the Weld County Planning Commission Meeting March 18, 1986 Page 8 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. Louis Rademacher - Yes; Harlan Else - Yes; Don Johnson - Yes; Lynn Brown - Yes; Doug Graff - Yes; Lydia Dunbar - Yes; Paulette Weaver - Yes; Jack Holman - Yes. Motion carried unanimously. 4 CASE NUMBER: USR-726:86:7 APPLICANT: Ralph Nix Produce, Inc. REQUEST: A Use by Special Review permit to allow an agriculturally related storage warehouse to be used primarily for processing and storage of onions LEGAL DESCRIPTION: Part of the SE} , Section 14, T4N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles southwest of La Salle; east of Highway 85 and north of Weld County Road 44. APPEARANCE: Gerry Nix, son of Ralph Nix, represented his Father. They want to build an onion storage warehouse because over the past several years they have had many onions freeze because the facility in Gilcrest is too small. At this site they plan to have a one hundred ten foot by one hundred foot storage shed and about sixty feet away, an eighty by one hundred foot processing and storage building. The spoiled onions will be be hauled away and disked into the soil or fed to sheep. The work at this site will be seasonal, from August through February they will employee approximately twenty—five people. Everything will be run inside so there will be no debris to blow around. In fact, there will be more debris in the fields than at the site of these buildings. The Chairman called for discussion from the members of the audience. There was none. The Chairman asked Mr. Nix if he had reviewed the recommendation, conditions, and Development Standards as outlined by the Department of Planning Services staff? He stated he had and does not object to them. Gloria Dunn reported Mr. Carlson, a surrounding property owner, called in and objected to this request because of increased traffic at the crest of a hill on Weld County Road 44 and the unsightliness across the road from his residence. The Chairman asked that reading of the recommendations, conditions, and Development Standards into the record be dispensed with and that they be filed with the summary as a permanent record of these proceedings. f.Xh'/B/T e Summary of the Weld County Planning Commission Meeting March 18, 1986 Page 9 MOTION: Lydia Dunbar moved Case Number USR-726:86:7 for Ralph Nix Produce, Inc. , for a Use by Special Review permit to allow an agriculturally related storage warehouse to be used primarily for processing and storage of onions be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations, conditions, and Development Standards as outlined by the Department of Planning Services staff and the testimony of the applicant. Motion seconded by Paulette Weaver. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their ilecision. Louis Rademacher - Yes; Harlan Else - Yes; Don Johnson - Yes; Lynn Brown - Yes; Doug Graff - Yes; Lydia Dunbar - Yes; Paulette Weaver - Yes; Jack Holman - Yes. Motion carried unanimously. Gloria Dunn presented a letter from the town of Johnstown regarding the seepage problem discussed by the Planning Commission at the time their Use by Special Review was granted for enlargement to their water treatment plant. The Planning Commission appreciates this feed-back from the town of Johnstown, but feels a letter from one engineering firm at this time is inconclusive. Respectfully submitted, Bobbie Good Secretary BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION SO THE BOARD OF COUNTY COMMISSIONERS Moved by -Lydia Dunbar that the following resolution be introduced for passage by the Weld County Planning Commission. Be it lst(Tfl'dPhy^the-Meld County Planning Commission that the application for: c--.7' CASE NUMBER: USR-726:86:7 MAR 2 1 1986 I I NAME: Ralph Nix Eioduce, Inc. �, � /ri ADDRESS: -P.O. Box 301, Gilcrest, Colorado 80623 �E F, COLO. REQUEST: A Use -by Special -Review permit to allow an agricultural related` storage warehouse to be _used primarily for the storage and processing of onions. LEGAL DESCRIPTION: Part of the SE} , Section 14, S4N, R6bW of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1 miles southwest of La Salle; east of Highway -85 and north :f Weld County Road 44. be recommended favor-ably to the Board of County Commissi-oners for the following seasons: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld Eounty Zoning Ordinance. 2. It is the -opinion 'of the Weld County Planning Commission that the applicant has -shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the 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. - The Gilcrest Planning Commission has reviewed this proposal and recommends approval. ,C-x7/ t ;7 Ralph Nix Produce, Inc. USR-726:86:7 March 18, 1986 Page 2 - No overlay districts affect the site; and - Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the -neighborhood and County. This recommendation is based, in part, upon a review of the application submitted by the applicant, -other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Within 30 days of approval from the Board of County Commissioners, the applicant shall submit a drainage plan for the site to the Weld County Engineering Department for review and its approval. A copy of the approved plan shall be delivered to the Department of Planning Services. Motion seconded by Paulette Weaver. Vote: For Passage Against Passage Louis Rademacher Harlan Else Don Johnson Lynn Brown Doug Graff Lydia Dunbar Paulette Weaver Jack Holman Ralph Nix Produce, Inc. USR-726:86:7 March 18, 1986 Page 3 The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on March 18, 1986, and recorded in Book No. X of the proceedings of the said Planning Commission. Dated the 19th day of March, 1986. Bobbie Good Secretary DEVELOPMENT STANDARDS Ralph Nix Produce, Inc. USR-726:86:7 1. The Use by Special Review permit is for an Agricultural related storage warehouse to be used primarily for the storage and processing of onions as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Access shall be limited to the two locations indicated on the Use by Special Review plat. 3. Forty foot (40') long culverts shall be installed at both access points. 4. The Use by Special Review property shall be SCREENED on the south and east side. The location and method of screening shall be reviewed and approved by the Department of Planning Services staff. 5. All structures in the Use by Special Review area shall be setback a minimum of thirty feet (30') from the Western Mutual Ditch. 6. No trash, garbage or runoff associated with this operation shall be allowed to enter the Western Mutual Ditch. 7. On-site disposal of produce shall not be allowed. 8. Produce shall be handled and stored at the facility is such a manner so that no nuisance is created by odor, blowing of debris and fugative dust or spoiled produce on or around the facility in accordance with Weld County Health Department Regulations. 9. The septic system shall be designed by a Colorado Registered Professional Engineer as recommended by the Weld County Health Department. 10. All Construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 11. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 12. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. Ralph Nix Produce, Inc. Development Standards USR-726:86:7 Page 2 13. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 14. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 15. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number �� _ 7 / �< Submitted or Prepared Prior to Hearing At Hearing 1. Application,Qc Pages 2. L( Application plat(s) I page(s) 3, DPS Referral Summary Sheet 4. DPS Recommendation 5. DPS Surrounding Propery Owner Mailing List 6. DPS Mineral Owners Mailing List 7. ___� DPS Maps Prepared by Planning Technician 8. DPS Notice of Hearing 9. DPS Case Summary Sheet 10. DPS Field Check 11. / % t I1 12. 13. 14. 15. 16. 17. 18. 19. 20. I hereby certify that the_a_ items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on 194, . la/AAig ; 44,�.�1t Current Planner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS -.per DAY OF nyncrle, 19 %I, , SEAL h) ARYPUBLICo.. (lee NO AR,Y P MY 7^MMISSION EXPIRES - ' �J EXHIBIT INVENTORY CONTROL SHEET Case (45/( - 74-1; Exhibit Submitted By Exhibit Description--Z/174 -d29..,beOf.4:7 y/Artez/ ae--/Warit2 B. C✓./ C. 71/41.-2 ..G;19 L ��IT. J G/.if1,'ra7Z4:2 7 0174.2E-47 14 D. :. 1 . �� , E. &t-IL ,pll,Ult ✓ F. G. H. I. J. R. L. M. N. 0. 44,„( EORAflDU winC To Debbie DeBesche/Planning Dept. Dam March 12, 1986 COLORADO From Wes Potter, Health Protection Services 112f%2 Subject. Case #: USR-726:86:7 Name: Ralph Nix Produce, Inc. Health Protection Services will require the following for this approval: 1. No on-site disposal of produce of any type shall be permitted at any time. 2. Produce shall be handled and stored at the facility in such a manner so that no nuisance is created by odor, blowing of debris and fugative dust or spoiled produce on or around the facility. 3. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. cr mu 121986 LIr_:_, Weld Co. PIS , Commission Date: March 18, 1986 CASE NUMBER: USR-726:86:7 NAME: Ralph Nix Produce, Inc. ADDRESS: P.O. Box 301, Gilcrest, CO 80623 REQUEST: A Use by Special Review permit to allow an agricultural related storage warehouse to be used primarily for the storage and processing of onions. LEGAL DESCRIPTION: Pt. SE} of Section 14, T4N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2 miles southwest of LaSalle, east of Highway 85 and north of Weld County Road 44. THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the 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. - The Gilcrest Planning Commission has reviewed this proposal and recommends approval. - No overlay districts affect the site; and - Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. Gs t;9., Ralph Nix Produce, Inc. USR-726:86:7 Page 2 This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Within 30 days of approval from the Board of County Commissioners, the applicant shall submit a drainage plan for the site to the Weld County Engineering Department for review and its approval. A copy of the approved plan shall be delivered to the Department of Planning Services. C>K'Ci 3 ,= DEVELOPMENT STANDARDS Ralph Nix Produce, Inc. USR-726:86:7 1. The Use by Special Review permit is for an Agricultural related storage warehouse to be used primarily for the storage and processing of onions as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Access shall be limited to the two locations indicated on the Use by Special Review plat. 3. Forty foot (40') long culverts shall be installed at both access points. 4. The Use by Special Review property shall be SCREENED on the south and east side. The location and method of screening shall be reviewed and approved by the Department of Planning Services staff. 5. All structures in the Use by Special Review area shall be setback a minimum of thirty feet (30') from the Western Mutual Ditch. 6. No trash, garbage or runoff associated with this operation shall be allowed to enter the Western Mutual Ditch. 7. On-site disposal of produce shall not be allowed. 8. Produce shall be handled and stored at the facility is such a manner so that no nuisance is created by odor, blowing of debris and fugative dust or spoiled produce on or around the facility in accordance with Weld County Health Department Regulations. 9. The septic system shall be designed by a Colorado Registered Professional Engineer as recommended by the Weld County Health Department. 10. All Construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 11. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 12. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. nre > r q Ralph Nix Produce, Inc. Development Standards USR-726:86:7 Page 2 13. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 14. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 15. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. F Can:�, LAND-USE APPLICATION SUMMARY SHEET Date: March 11, 1986 CASE NUMBER: USR-726:86:7 NAME: Ralph Nix Produce, Inc. ADDRESS P.O. Box 301, Gilcrest, Colorado 80623 REQUEST: A Use by Special Review permit to allow an agricultural related storage warehouse to be used primarily for the storage and processing of onions LEGAL DESCRIPTION: Part of the SE} , Section 14, T4N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2 miles southwest of La Salle; east of Highway 85 and north of Weld County Road 44 SIZE OF PARCEL: 8.8 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 Weld County Engineering Department offered specific recommendations in a memo dated March 4, 1986. The Gilcrest Planning Commission reviewed this proposal on March 10, 1986. The La Salle Planning Commission will review this proposal on March 20, 1986. The Department of Planning Services has not received a response from the following: Greeley Soil Conservation District; - Western Mutual Ditch; - La Salle Fire Protection District; and - Weld County Health Department. The staff has received opposition from Mr. and Mrs. Carlson who live directly south of the proposed site. FIELD CHECK FILING NUMBER: USR-726:86:7 DATE OF INSPECTION: March 6, 1986 NAME: Ralph Nix Produce, Inc. REQUEST: A Use by Special Review permit to allow an Agricultural related storage warehouse to be used primarily for the storage and processing of onions. LEGAL DESCRIPTION: Pt. SE} of Section 14, T4N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles southwest of LaSalle, east of Highway 85 and north of Weld County Road 44. LAND USE: N Farmland, 2 residences within 1/4 mile E Weld County Road 35, farmland, 2 residences within 1/2 mile S Weld County Road 44, 2 residence, farmland W Farmland, residence ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: The site is currently plowed farm ground and has no access at this time. The proposed accesses are Weld County Road 44 and Weld County Road 35 which are paved roads. This parcel is separated from the rest of the farmland by Western Mutual Ditch which is cement lined at this location. There are approximately 5 residences within 1/4 mile of the proposed site. By: 6,14; Debbie deBesche Current Planner a • 0 C • p l ti �b xs ••°��• a �� zo �' �:� r �: z �:n� • / zo p I� x >I x. 4 ��,�x�� x. j [ - 1 c221 n f i "'" _ °a '.. I•. TT7,4 cam",,. ° ° �••• •v • i . �_ f • . _��'Y y• v _'T ` so x 1'e x.° �° e. 4'=°/y .° ru vvvFFF lll�.-.�.w�.S-1]� o. • in ▪ ,'\/ '� • • WESTERN: \ s a<rcw r �1.f '•yi{ 2.2 J32 .i. •a. 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CASE NUMBER: USR-726:86:7 T REFERRALS OUT: February 24, 1986 REFERRALS TO BE RECEIVED BY: March 10, 1986 SR NR NO SR NR County Attorney X Greeley Soil Conservation District X Weld County Health Dept. 4302 9th St. Road Greeley, CO 80634 lG X Engineering Department X Louis Rademacher X County Extension Agent 13184 Weld County Road 13 Longmont, CO 80501 Office of Emergency Mngmt X Western Mutual Ditch State Engineer c/o Edward Fritzler Division of Water Resources 20730 Weld County Road 31 1313 Sherman St. , Room 818 La Salle, CO 80645 Denver, CO 80203 X La Salle Fire State Highway Department Protection District 1420 2nd Street c/o Gary Sandau Greeley, CO 80631 P.O. Box 414 La Salle, CO 80645 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, CO 80220 _ City of Greeley Planning Department 919 7th Street Greeley, CO 80631 X Gilcrest Planning Commission c/o Debra Gilbert P.O. Box 8 Gilcrest, CO 80623 X La Salle Planning Commission c/o Alberta Magill P.O. Box 717 La Salle, CO 80645 =No Objection =Specific Recommendations =No Response 44!ro D .,., Debbie deBesche -- — Ville To Planning Department Marc X986 Date COLORADO From Drew L. Scheltinga, County Engineer l—/ Subject: Ralph Nix Produce, Inc. - USR-726 :86:7 Weld County Road 44 is a paved arterial in good condition that will support the proposed use with no adverse impact. I do not anticipate enough impact on Weld County Road 35 to warrant improvements. Access should be limited to the two locations indicated on the USR plat. The access to Road 35 has not been labeled. Because of the anticipated truck traffic 40' long culverts should be installed. If the existing ditches are not adequate to control access from other than the points indicated, they should be enlarged or other physical barriers such as fences or tree rows installed. The addition of the warehouse, sorting facility, concrete pads and parking areas will significantly increase the storm water runoff. According to the contours provided on the USR plat it would appear drainage would travel in the west borrow pit of Weld County Road 35 to the Western Mutual ditch. The applicant should provide drainage information including a detention pond design or obtain written permission to direct the increase runoff into the Western Mutual ditch. r tv• l_ DLS/bf P� . ?1)1)[- rFj (1 an.i? 0- 1980 Weld Co. Planning Cumrnissiuj, I / DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.4O4 915 10TH STREET GREELEY,COLORADO 80631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Tuesday, March 18, 1986 at 1:30 p.m. to review a request for approval of a Use by Special Review Permit to allow an agricultural related storage warehouse to be used primarily for the processing and storage of onions from Ralph Nix Produce, Inc. , an a parcel of land 4escribed as part of the SE} , Section 14, T4N, R66W of the 6th P.M. , Weld County, Colorado, containing 8.8 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 18, 1986. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400. Jack Holman, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time � by February 27, 1986 Received by: 1 lNil e rr� Date: y2ie� 12, JCs":7tiD MAILING LIST Ralph Nix Produce, Inc. USR-726:86:7 Surrounding Property Owners Ida Dinner 160 South Monaco #708 Denver, Colorado 80224 Rae Barnett Weiland 7090 Caminito Estrada La Jolla, California 92037 Sidney E. Dinner 20102 Stratford Road Detroit, Michigan. 48221 Albert J. Dinner 2800 South University Blvd. #132 Denver, Colorado 80210 Melvin Dinner 3660 East Dartmouth Denver, Colorado 80210 Kenneth Hungenberg 21470 Weld County Road 35 LaSalle, CO 80645 Clarence Carlson 16894 Weld County Road 44 LaSalle, CO 80645 Ethel L. Segal Etal 7877 E. Mississippi #1202 Denver, CO 80231 MAILING LIST Ralph Nix -Produce, Inc. USR-726:86:7 Mineral Owners Ida Dinner 160 South Monaco #708 Denver, Colorado 80224 -tae Barnett Weiland 7090 Caminito Estrada -La Jolla, California 92037 Sidney £. Dinner 20102 Stratford Road Detroit, Michigan 48221 Albert J. Dinner 2800 South University Blvd. #132 -Denver, Colorado 80210 Melvin Dinner 3660 East Dartmouth _Denver, Colorado 80210 dF'6S 3'Sr._1 A I'I'hi(',A9'111N 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 Mv1 ar plat submitted Application Fee Receipt Number Recording Fee - Receipt Number TO_BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) 1 (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:Part_ of SEZ Section 14 T 4 N, R 66 w See Schedule "A" LEGAL DESCRIPTION mf contiguous property owned upon which Special Review Permit is proposed: Part of SE1/4ect ion 14 T 4 N, R 66 W See Schedule "B" Property Address (if available) _ PRESENT ZONE A—Agricultural OVERLAY ZONES None TOTAL ACREACE8•H acres PROPOSED LAND USE A—Agrrcultural ronstructiDn of agricultural storage warehouse EXISTING LAND USE A—Agricultural, irrigated farm land SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR-ME USE BY SPECIAL REVIEW: See schedule attached Name: Address: _ City --- Zip Home Telephone i< Business_Telephone s Name: Address: City Zip Home Telephone 41_ _ Business Telephone at Name: Address: City Zip Home_Telephone it Business Telephone S_ _ APPLICANT OR AUTHORIZED AGENT (if different than above): Name: Ralph Nix Produce, Inc. Address: P. 0. Rox 301. city Gilcrest Zip 82623 Home Telephone at 454-2352 Business Telephone it 737-2461 List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. See schedule attached Name: Address: City Zip ss: _ - —_.._City -- -Zip :Tess: City Zip hereby depose and state under the penal it ies of perjury that all statements, proposals and/or mans submitted with or co:.tained within this appli_cation are true and correct to the best of my nowledge, COUNTY -OF WELD ) Ral Nix Produce, I STATE OF COLORADO ) t .if to to Owner t A th zed nt Subscribed and sworn to i• -fore-me thisn thday of tebruary_ _. 1986 • by Ralph Nix, President of Ralph Nix Produc Inc. _ SVAL nil ARY rum.IC • • M1y commission expir, September 9--1-9S7- . SCHEDULE "A" That part of the SE}SE} of Section 14, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado, lying South of the South right—of—way line of The Western Mutual Ditch being more -particularly described as follows: Beginning at the Southeast corner of Section 14, said point bring the TRUE POINT OF BEGINNING, and considering the East line of said section as bearing North 00°00'UO" East with all other bearings contained herein relative thereto; Thence North 00°00'00" East along said East line, 1321.21 feet; North 90°00'00" West, 30.00 feet to a point-on the West right-of-way line of Weld County Road 35; Thence South 13°22'06" West, 520.66 fret; Thence South 23°52'22" West, 411.28 feet; Thence South 49°57'44" West, 636.28 feet to a point on the North sight-of-way line of Weld County Road 44; Thence South 00°03' 11" -East, 30.00 feet to a point on -the South line of said Section 14; thence North 89°56'49" East, 803.95 feet along said South line to the TRUE POINT OF BEGINNING, containing 8.8$ acres, more or less. 860364 SCHEDULE "B" The SE} of Section 14, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado, excepting that part or parcel of land particularly described as follows: Commencing at the Northwest Corner of said tract and running thence East along the North line of said tract 634 feet to a point 50 feet West of the center line of the railroad track; thence in a southwesterly course on a line parallel with and 50 feet West from the railroad track 964 feet to a point on the West line of said tract of land; thence North along the West line of -said tract 731 feet to the place of beginning, making i triangular piece of land on the West side of the railroad track containing three (3) acres, more or less SURFACE FEE (PROPERTY OWNERS OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW: Name: Ida Dinner Address: 160 South Monaco 4708 Denver, Colorado 80224 Phone: 399-5457 Name: Rae Barnett Weiland Address: 7090 Caminito Estrada La Jolla, California 92037 Phone: (714) 459-9246 Name: Sidney E. Dinner Address: 20102 Stratford Road Detroit, Michigan 48221 Phone: (313) 863-6899 Name: Albert J. Dinner Address: 2800 S. University Blvd. 4132 Denver, Colorado 80210 Phone: 756-2397 Name: Melvin Dinner 3660 East Dartmouth Denver, Colorado 80210 Phone: 756-7219 " .m.. List the owners(s) of mineral rights on or under the subject properties of record: OWNERS Ida Dinner 160 South Monaco #708 Denver, Colorado 80224 Rae Barnett Weiland 7090 Caminito Estrada La Jolla, California 92037 Sidney E. Dinner 20102 Stratford Road Detroit, Michigan 48221 Albert J. Dinner 2800 S. University Blvd. #132 Denver, Colorado 8021O Melvin Dinner 3660 East Dartmouth Denver, Colorado 80210 A detailed description of the proposed operation and use. 1. Explain proposed use. The 8.8 acre parcel that is proposed to be sold, transferred and conveyed by the members of the Dinner Family as grantors to Ralph Nix Produce, Inc. , a Colorado corporation, as grantee, will be utilized for the construction of agricultural storage warehouses, primarily for the storage and processing of onions. It is presently anticipated that most of the onions to -be stored and processed will be locally grown, a good portion of which will be grown and harvested by the applicant, Ralph Nix Produce, Inc. A portion of the onions that would be stored and processed are now grown and harvested on the Dinner Farm or nearby or adjacent farms owned by members of the Dinner Family. In addition, the applicant, Ralph Nix Produce, Inc. intends to purchase and acquire onions and other vegetable crops from neighboring farmers, similar to the practice which it has engaged in for many years in the past. 2. Explain need for use. Ralph Nix Produce, Inc. , the proposed contract purchaser of the 8.8 acre parcel currently owns and operates agricultural warehouse facilities in the Gilcrest, Colorado area for the purpose of storage, processing and marketing of vegetable crops. The current facilities utilized by Ralph Nix Produce, Inc. are inadequate to meet their current needs and demands and additional facilities are needed. 3. Explain the types of existing uses on surrounding properties. The area surrounding the property involved is utilized for agricultural purposes. Similar agricultural warehouse storage and processing facilities located nearby which are owned by Martin Produce Co. Weld County has recently approved the Use by Special Review status for Martin Produce Co. for the construction of a similar type of agricultural warehouse facilities. 4. The distance of the proposed use to residential structures in each direction. Residence on the Carlson Farm on the NE} corner of the NEI of Section 23-4-66 is approximately 260 feet from the proposed use. Residence on the Segal Farm on the NW} corner of the NW} of Section 24-4-66 is approximately 310 feet from the proposed use. Residence on the Hungenberg Farm on the SW} of Section 13-4-66 is approximately 1000 feet from the proposed use. Residence on the Dinner Farm on the SW} of Section 14-4-66 is approximately 1200 feet from the proposed use. 5. The maximum number of users, patrons, members, and buyers. Approximately one per day 6. The number of employees, number of shifts, and hours of operation. Approximately 25 employees working an 8 hour shift, 5 days per week during the harvest season. Hours of operation: 8:00 A.M. to 5:00 P.M. 7. The type of water source for the proposed use. Water supplies are available from the Central Weld County Water District. See copy of letter dated January 27, 1986 attached hereto. 8. Explain the access route(s) to be utilized for the proposed use. Access to the site in question will be available from either Weld County Road 44 and/or Weld County Road 35. 9. Explain the type, size, weight and frequency of vehicular traffic associated with the proposed use. Approximately 20 passenger vehicles utilized by the employees and approximately 8 to 10 semi-trailer units of vehicular traffic associated with the proposed use. 10. The type of sewage facilities for the purposed use. It is presently anticipated that underground septic sewage treatment facilities will be installed, all of which will be in compliance with provisions of the Weld County Health Department. 11. A description of the proposed fire protection measures associated with the proposed use. The premises are located within the boundaries of the LaSalle Fire Protection District. 12. The types and maximum number of animals to be concentrated on the Use by Special Review area at any one time. None, not applicable. 13. The type and size of any waste, stockpile or storage areas associated with the proposed use. None, not applicable. 14. Type of storm water retention facilities associated with the proposed use. None, not applicable. 15. The time schedule and method of removal and disposal of debris, junk and other wastes associated with the proposed use. Dumpster unit. Culls are removed and disposed of on a daily basis. 16. Explain proposed landscaping plans and erosion control measures associated with the proposed use. Trees and shrubbery will be appropriately planted. 17. Reclamation procedures to be employed upon cessation of the Use by Special Review activity. None, not applicable. 18. A time table showing the periods of time required for construction and start-up of the proposed use. It is presently anticipated that as soon as the Recorded Exemption for the parcel in question has been granted and the Use by Special Review application has been granted by the Weld County Board of County Commissioners that the seller and purchaser, respectively, of the parcel in question will complete and close the real estate transaction as more fully described in the copy of the real estate contract, a copy of which is attached hereto, and thereafter construction arrangements will be arranged for immediately thereafter. It is presently desired and anticipated by the applicant, Ralph Nix Produce, Inc. that the agricultural warehouse facilities will be constructed in sufficient time to be completed and utilized as a part of the 1986 farming season. 19. Statement explaining how the proposal is consistent with the Weld County Comprehensive Plan. The proposal for use of the parcel in question, that is, the 8.8 acre tract for the construction of an agricultural warehouse facilities for the storage, processing and marketing of agricultural commodities, basically onions and other vegetable products, is consistent with the Weld County Comprehensive Plan. The parcel in question will be utilized in a manner consistent with the A-Agricultural zoning now in effect on the property. 20. Statement explaining how the proposal is consistent with the intent of the district in which the use is located. The property is currently zoned A-Agricultural and will continue to be utilized for agricultural purposes. 21. A statement explaining what efforts have been made in the location decision for the proposed use to conserve productive agricultural land in the agricultural zone district. The parcel in question is an 8.8 acre tract lying to the South of the Western Mutual Ditch in the SE} of Section 14-T4N-R66 West of the 6th P.M. , Weld County, Colorado, a parcel which is basically segregated from the remaining portion of the Dinner Farm. The parcel in question will continue to be utilized for agricultural purposes. t i 22. Statement explaining there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the county. It is currently anticipated that the utilization of the property for the construction of agricultural warehouse facilities for the purpose of storage, processing and marketing of agricultural products will in no way endanger the health, safety and welfare of the inhabitants of the neighborhood and the county. As a matter of fact, it is anticipated that the granting of the Use by Special Review status in this matter will, in fact, enhance the economic base of the county by providing additional real estate taxes, additional employment for local citizens and provide other additional economic returns to the county and the inhabitants of the neighborhood. Consequently, it appears that the granting of the Special Use ,Permit will be economically gainful to the welfare of the neighborhood and the county. 23. A statement explaining the uses permitted will be compatible with the existing surrounding land uses. The contract purchaser, Ralph Nix Produce, Inc. , a Colorado corporation, will utilize the parcel to be purchased and acquired under Contract to Buy and Sell Real Estate dated January 22, 1986, a copy of which is attached hereto, for the purpose of construction of agricultural storage warehouse facilities and the processing and marketing of said produce. That said uses are compatible with existing surrounding land uses. That other agricultural storage warehouse facilities are located nearby, some on neighboring farms, and a new agricultural storage warehouse facility has recently been constructed nearby by Martin Produce Company. That it is anticipated that the agricultural storage warehouse facilities to be constructed by Ralph Nix Produce, Inc. will be somewhat similar in use to that utilized currently by Martin Produce Company. 24. A statement explaining the proposed use will be compatible with the future development of the surrounding area as permitted by the existing zone and with future development as projected by the Comprehensive Plan of the County or the adopted Master Plans of affected municipalities. That the contemplated use by the contract purchaser, Ralph Nix Produce, Inc. , as an agricultural storage warehouse will be compatible with future development of the surrounding area as permitted by the existing A-Agricultural Zone now in effect on the property in question and also with future development as projected by the Comprehensive Plan of Weld County. 25. Statement explaining the Use by Special Review area is not located in a floodplain, geologic hazard and/or Weld County Airport Overlay District. That neither the larger parcel or the smaller parcel of the proposed Recorded Exemption is located in a floodplain, geologic hazard and/or Weld County Airport Overlay District. 7,.. 26. Proof that a water supply will be available which is adequate in terms of quantity, quality and dependability. See copy of letter from Central Weld County Water District dated January 27, 1986 attached hereto. 27. A. copy of the deed or legal instrument identifying the applicant's interest in the property under consideration. See copy of contract attached. 28. Soil type: Julesburg Sandy Loan - 1 to,3% slopes (30) Vona Loamy Sand - 0 to 3% Slopes (72) Reference: United States Department of Agriculture, Soil Conservation Service. CERTIFIED LIST OF THE NAMES ADDRESSES OF MINERAL OWNERS -ON OR UNDER THE PARCEL OF LAND BEING CONSIDERED OWNERS Ida Dinner 160 South Monaco #708 Denver, Colorado 80224 Rae Barnett Weiland 7090 Caminito Estrada La Jolla, California 92037 Sidney E. Dinner 20102 Stratford Road Detroit, Michigan 48221 Albert J. Dinner 2800 S. University Blvd. #132 Denver, Colorado 80210 Melvin Dinner 3660 East Dartmouth Denver, Colorado 80210 3 f AFFIDAVIT OF INTEREST OWNERS MINERALS AND/Olt SUBSURFACE Application No. Subject Property— Part of SEti of Section 14, Township 4 North,_Range_66 West of the 6th P.M.Z_Weld County, Colorado STATE OF COLORADO ) rs. COUNTY OF WELD THE UNDERSIGNED, being iirsl duly ::worn, 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 owner ammcrlxxxxxxxraxIMATOMIDxxx7aa: 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 updaie from a title or abstract company or an attorney. Ralph Nix Produce, Inc. The foregoing :n: ; r uncut w:u: :.ul r, r Hied and sworn to bel ore me this 12th day of February , 1'+ 86 . by Ralph Nix, President of Ralph Nix Produce, Inc. WITNESS my hand :1 ,,i i i I irial seal . My Commission expire'.: September 9, 1987. i ,_ A. ��r_2.• 477-4-<-1. uy Pub Iic• • e rJ'�.r 3,3 1 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE - — Application No. Subject Property Part of SE' of Section 14, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado STATE OF COLORADO ) ss. COUNTY OF WELD 1 THE UNDERSIGNED, being fir,:t dnly .worn, states that to the hest of his or her knowledge the attached list i ,; 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 ii cords of the Weld County Clerk and Recorder. The list compiled from the t .• ,n .Is of the Veld County Assessor shall have been assembled within thirty (30) day;.; „l the application submissilon date. Pro ce, Inc. / By: /�� The foregeiiy iie;trument was :..inscribed and nwornto helore me this 12th day of jebruaLy_ , 1 q 86 .by Ralph Nix, President of Ralph Nix Produce, Inc. WITNESS my hand ;r:,. , i. l seal . My Commission e>) • . . September 9, 1987 nt •: I'tihi is f• yC ^ IAJM�r • • • • .NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET • Please print or type S' Ur.. NAME _ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION 0 . ; HunF n * r Kenneth r""� 21470 WCR 35 LaSalle Co , 80645 62105713000024 I!'i''' Carlson, Clarence 11 1 •#• � 16894 WCR 44 LaSalle Co . 80645 62105723000022 , • Wi4 } Segal , Ethel L. Etal : ' j 17877 E Mississippi #120? 'Denver Co. 80231 6710572400no21 • i I • Dinner, Ida Etal • 11 • 1814 14th Ave.' Greeley Co , 80631 62105714000023 • • • a • • • • • • • • • li3 .• I 2 . CENTRAL WELD COUNTY WATER DISTRICT January 27, 1986 Ralph Nix Produce Co. P.O. Box 301 Gilcrest, CO 80623 REt Water Service Dear Ralph Nix Produce Co. This letter is in response to your request for water service to serve the following described property[ That part of the SEISE' of Section 14, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado lying south of the south right-of-way line of The Western Mutual Ditch Company ditch, containing approximately 7 acres, more or less. Water service can be made available to the above described property provided all requirements of the District are satisfied , including easements where required for District facilities. Central Weld County Water District requires that contracts be consumated within one ( 1 ) year from the date of this letter , or this letter shall become null and void unless extended in writing by the District . Very truly yours , CE TRAL WELD COUNTY WATER DISTRICT �� . --(i—f4nl .�e.� '(s it, <_,-/— Lorene G. Hirsch Office Manager LGH/wmg 12E0334 2..'35 2nd Avenue • Greeley, Col 90637 • (303)352.7284 • Dale D.Olhausen,Secretary-Manager COMMITMENT FOR TITLE INSURANCE ISSUED BY Transamerica Title Insurance Company AMOUNT PREMIUM Dinner, Hellerich & Lazar OWNER $ 38 , 500 . 00 $ 216 . 20 630 Greeley National Bank Plaza MORTGAGE $ $ Greeley, CO 80631 ADDITIONAL CHARGES $ Attn: Mel Dinner COST OF TAX CERTIFICATE $ L J SURVEY COSTS $ TOTALS $ Your Reference CC's To: No. 8020623 C Sheet 1 of 5 COMMITMENT TO INSURE Transamerica Title Insurance Company, a California corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the conditions and stipula- tions attached. Customer Contact: Teri/tlf By Margaret A. Stephenson Phone: 351-2283 AUTHORIZED SIGNATURE The effective date of this commitment is January 17 1986 at 7 : 00A.m. At which time fee title was vested in: IDA DINNER, as to an undivided 3/4 interest; RAE BARNETT WEILAND, as to an undivided 1/16 interest; SIDNEY E. DINNER, as to an undivided 1/16 interest; ALBERT J. DINNER, as to an undivided 1/16 interest; and MELVIN DINNER, as to an undivided 1/16 interest. SCHEDULE A 1. Policies to be issued: (A) Owners': RALPH NIX PRODUCE INC. , a Colorado Corporation (B) Mortgagee's: ay/ CFC j'Yp..: . Form No.C-142.1 Rev.7-1-81 8020623 Sheet 2 of 6 SCHEDULE A—Continued 2. Covering the Land in the State of Colorado, County of Weld Described as: The SE≤ of the SE; of Section 14 , Township 4 North, Range 66 West of the 6th P.M. Form No.C-1{2.2 -8020623 Sheet 3 of SCHEDULE A—Continued REQUIREMENTS 3. The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of clerk and recorder of the county in which said property is located. A. Certification of Incorporation or Certificate of Good Standing of RALPH NIX PRODUCE INC. , a Colorado Corporation, issued by the Secretary of State of Colorado, must be delivered to and approved by Transamerica Title Insurance Company. • B. An accurate legal description of that portion of the subject property that will be conveyed is to be delivered to and approved by Transamerica Title Insurance Company. The legal description for that portion of the subject property to be insured will be • amended accordingly. C. Deed from IDA DINNER, RAE BARNETT WEILAND, SIDNEY E. DINNER, ALBERT J. DINNER and MELVIN DINNER to RALPH NIX PRODUCE INC. , a Colorado Corporation • Form No.C-142.3 8020623 Sheet 4 of 6 SCHEDULE B THE POLICY OR POLICIES TO BE ISSUED HEREUNDER WILL NOT INSURE AGAINST: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, im- posed by law and not shown by the public records. 5. Taxes due and payable; and any tax, special assessments,charge or lien imposed for water or sewer service, or for any other special taxing district. 6 . Reservation of right of proprietor of any penetrating vein or lode to extract his ore , in U.S. Patent recorded August 9, 1883 in Book 34 at Page 73 . • 7 . Great Bend Ditch, and and and all rights of way therefore , as evidenced by instrument filed with the Weld County Clerk and Recorder, in which the specific location is not disclosed of record. 8 . • Oil and gas lease between Louis Dinner and Ida Dinner and Martin J. Freedman dated June 13 , 1975 , recorded August 18 , 1975 in Book 745 as Reception No. 1667414 , and any interests therein or rights thereunder. Extension of the above lease as claimed by Affidavit of Production, pursuant to ' 73 CRS 38-42-106 , by Thomas G. Vessels , recorded August 8, 1977 in Book 805 as Reception Nos . 1726786 and 1726787 . 9 . Easement and right of way for a pipe line and valves , launchers , receivers, pipe line markers , • cathodic equipment, test leads , and all appurtenances convenient for the maintenance and operation of said line and for -the transportation of oil, gas, or other substances therein, as granted to Panhandle Eastern Pipe Line Company by Louis Dinner and Ida Dinner, in the instrument recorded October 19, 1976 in Book 780 as Reception No. 1701683 , affecting the following described property. That part of the 5# of Section 14 , Township 4 North, Range 66 West, more particularly described as a strip of land 50 . 00 feet in width, the centerline of which is described as follows : FIV Form No.C-142.4 Rev.ale-75 8020623 Sheet 5 of 6 SCHEDULE B--Continued EXCEPTION NO. 9 Continued . . . . Beginning at a point on the South line of said S1, said point being N90°00 ' 00"W on an assumed bearing, a distance of 12 . 34 feet from the Southeast corner of said S1; thence N52°56 ' 48"W for a distance of 91 .20 feet to a point; thence N90°00 ' 00"W and running approximately 55. 00 feet North'of and parallel to the South line of said S1 for a distance of 1741 . 10 feet to a point; thence S60°11 ' 02"W for a distance of 52 . 10 feet to a point; thence N89°51 ' 56"W for a distance of 424 . 80 feet to a point; thence N79°09 ' 12 "W for a distance of 108 . 20 feet to a point; thence N89°50 ' 43 "W for a distance of 997 . 90 feet to a point; thence N74°53 ' 17"W for a distance of 40 . 00 feet to a point; thence N59°55 ' 51"W for a distance of 40 . 00 feet to a point; thence N44°58 ' 25"w for a distance of 40 . 00 feet to a point; thence N30°00 ' 59"W for a distance of 40 . 00 feet to a _ point; thence N15°03 ' 33"W for a distance of 40 . 00 feet to a point; thence NOO°06 ' 08"W for a distance of '545 . 60 feet to a point; thence N03°04 ' 36"W for a distance of 28 . 10 feet to a point; thence N48°04 ' 36"W for a distance of 3 .00 feet to a point on the East Right-of-Way line of the Union Pacific Railroad. 10 . An undivided 20% interest in and to all of the oil, gas and other minerals owned by grantors , as conveyed to Albert J. Dinner and Janice R. Dinner by Louis Dinner and Ida Dinner by Mineral Deed recorded November 4 , 1976 in Book 781 as Reception No. 1702823 , and any interests therein or rights thereunder. 11 . An undivided 20% interest in and to all of the oil , gas and other minerals owned by grantors, as conveyed to Sidney E. Dinner and Shirley Dinner by Louis Dinner and Ida Dinner by Mineral Deed re- corded November 4 , 1976 in Book 781 as Reception No. 1702824 , and any interests therein or rights thereunder. 12. An undivided 20% interest in and to all of the oil, gas and other minerals owned by grantors , as conveyed to Rae Barnett by Louis Dinner and Ida Dinner by Mineral Deed recorded November 4 , 1976 in Book 781 as Reception No. 1702825 , and any interests therein or rights thereunder. 13. An undivided 20% interest in and to all of the oil, gas and other minerals owned by grantors , as conveyed to Melvin Dinner and Diane M. Dinner by Louis Dinner and Ida Dinner by Mineral Deed recorded November 4 , 1976 in Book 781 as Reception No. 1702826 , and any interests therein or rights thereunder. Cifiranejal Form No.C-142.5 • 8020623 Sheet 6 of 6 SCHEDULE B—Continued NOTE: The following notices pursuant to CRS 9-1 . 5-103 concerning underground facilities have been filed with. the Clerk and Recorder . These statements are general and do not necessarily give notice of underground facilities within the subject property. • (a) Mountain Bell Telephone Company, recorded October -1 , 1981 in Book 949 as Reception No . 1870705 . (b) Panhandle Eastern Pipe Line Company, recorded October 1 , 1981 in Book 949 as Reception No. 1870756 . (c ) Union Rural Electric Association, Inc. , recorded October 5 , 1981 in Book 949 as Reception No. 1871004 . (d) Public Service Company of Colorado, recorded November 9 , 1981 in Book 952 as Reception No. 1874084 . (e ) Western Slope Gas Company, recorded March 9 , 1983 in Book 990 as Reception No. 1919757 . (f) Associated Natural Gas, Inc. , recorded July 20 , 1984 in Book 1037 as Reception No. 1974810 (g) Colorado Interstate Gas Company recorded August 31 , 1984 in Book 1041 as Reception No. 1979784 Form No.C-142.5 Transamerica Title Insurance Company Arapaho-Douglas Lariats, 2000 West Littleton Boulevard 151 West Mountain Avenue Littleton,Colorado 80120 Fort Collins,Colorado 80521 (303)795-4000 (303)493-6464 Denver-Adams Mesa 1800 Lawrence Street 531 Rood Avenue Denver Colorado 80202 Grand Junction.Colorado 61501 (303)291-4800 (303)234-8234 Boulder Pitkin 1317 Spruce Street 601 East Nopbns Street Boulder.Colorado 80302 Aspen.Colorado 81811 )303)443-7160 (303)925-1766 • Eagle Pueblo 0020 Eagle Road 627 North Main Street Eagle-Veil,Colorado 81658 Pueblo.Colorado 81003 (303)949-5613 (303)543-0451 • • El Peso Routt-Jackson 418 South Weber Street 507 Lincoln Street Boa 773568 Colorado Sonnets.Colorado 80903 Steamboat Springs.Colorado 80477 (303)63a-3731 (303)879-1611 • • Jetlerson Weld 1675 Carr Street 918 Tenth Street Lakewood.Colorado 80215 Greeley.Colorado 80631 (303)231-2800 (303)352-2283 • RIF Transamerica Title Services CONDITIONS AND STIPULATIONS • Please read carefully 1. This is a Commitment to issue one or more policies of title insurance in our Standard Form when the requirements set forth in the Commitment have been satisfied. The policy is available and should be examined before this Commitment is used if there is any question about coverage. 2. Only the policies shown are committed to. If there are any changes in the transaction, order an amendment from us. 3. The date on this Commitment is important. Nothing after that date has been considered by us. 4. This Commitment is good for 6 months only. Extensions should be ordered from us if they are needed. • rr,P^.Tnn A • The printed portions of this form oppro•ed ly the Colorado Real Feist,Commission liC 24.2-s I I THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD.LEGAL,TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. • FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE (Seller's remedy limited to Liquidated Damages) • January 22 1,) 86 a CThe a dersigned agent hereby ae knoaledges h:Ivi ng received Crum Ralph Ni.x Produce, Inc. olorado corporation 5000.00 the Sinn ol'$ , ,in the form of check ' ,to he held by-_se l7.er ---------__-- _ trarrnrtrtncerresTTtneirr trzrs'ter-nenmri, as earnest money and part payment for the following described real I estate in the County of Weld ,Colorado,to wit: I That part of the SE'4SE' x,f Section 14, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado lying South of the South right of way line of The Western Mutual Ditch Company ditch, containing approximately 7 acres, more or less 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,and hereinafter called the Property. 2. Subject to the provisions of paragraph 19,the undersigned pursueng __Ralph.11ix Prndn re Tnr hcrjoirrtr+rmmc.!Mrrneb,-in-e..mm».wa, hereinafter called Pur- chaser,hereby agrees to buy the Property, and the undersigned owner(s), hereinafter called Seller,hereby agrees to sell the Property upon the terms and conditions stated herein. 3. The purchase price shall be U.S.$38.SDILDO ,payable as follows:$ 5,000.-00—hereby receipted for; the balance of $33,500.00 to be paid by purchaser to seller in cash, cashier's check or certified funds at the time of closing and delivery of general H warranty deed ' II I, ii I' 4. Price to include the following personal property: none • —m,-)„,o,,,,,44".4 1-}I., "*I.-m4.44«,.. . .4.,i»*iw LJ,.uv_µt,•asig1euudisisaL iuLLuLe_auailLallpw:sen11,1witu tuuta. • -F+,-fr.«+1-.i««er»wJ.,wsl ,•I.:-- xwLwwie91-wutiyw+:w4:44».t94.a'ltili,+4444-u4-4alaa_..m.444..lur»9m-slu«u111 1st syltA 4414444+1t_L"_7']wa l muiumiialww4:-Him • ptl n,.n,t n, ,,.4rurnn rt-Nrittir4trnnrti,isstle: • 5. Price to include the following water rights: none •--fm�fat,r,r•kmtrirhrl.ew.i+t•+in•-d-MrF+m'e•i„r.,tinrrrn/-i,ird-Trrewr�lt«wM+n•ertxA`+'�'rwl+•y«ww,�tlyw»,dsle7iKe'«NM{.ta•{ tppFrfim-suefrkmrtK4ritets-mts-rrHzfiner.eseM,-ten. -Pwr-r s4r-s-14-i«fssw«Ki.•„ti«xl+knwtwerHm,"w1,Iiwsd-hv-t-lte4v4444sel.4,e4 cherrs-iicete.rtermarrtent.-.F.s.rtni,ti.rstreirlermr.T.errs .s1-mArimnwi,.,«M-nryprwreriwrsr«Jw.wes__ t443==ret:`if•.roe}rlTT'coo •eli+ahintn,rrtrteiIT44e-14441-414,-4-r4ewi«z-tleis«,M-owl.s44rr71 he-r»4Jl Nd-w4.44wn4l-4447yrw ,oew&;.w»d ehirrrtst4reinc+ ....��i ix+r,«»Frr«4»,1Nwwtr«w«.11...L=t+wJ4ww.✓. _�-^+-.-14wnrtrEr+tn,i•tren4-ekreFwrwrrrh+rx.--i..+.«l,r-ws+«n,.r7-4�«va�1r«..w4-,tt-w««w4..-w4ry.lwly+r�l,w«w4.:4-walt p4iw.af eeel4»re.-sJ. .n,1-e4Xw•e,.b.1se,4LLee4..,»rF,w«s7�rf...y4..t-4...w—. 4_ ..a»w11'47-r+++�»Wr•'w:iiwle 'nrHs,tytRlYi ..ss.ywMNH4-4.4»-14:444.-1-so.W4+.4MtiN4:MWMd-14W�pr:OYN:»»44:laM.iwaltetA41LW}L44%-:44ri'i4}W441e -inke-re+st 4 ta•.s-errxrtin14e. .t tmes+.4r4'1»wee»,4wH•4_4,.-.+..,4i4i.».4.4.i1...re F«sel»4w4rwswi,w4tswaw .sw.4+»I *4<«w4rJ4 4s WAN4m44,.i{ 44•44yy }44WX4FHNLIi4JLL4mmma:KIW4l1»wJ.tasa94444.41.LJ44.-4JmUl.,44'4-ia-atW41ttiAw..d.m9wLuLtaMtiu4{_A.wal -e,rw...Hw.ik14..444r44wHt.e.1-«i1.4st++s441-sam 1«4w441itiw4«.a.wJ1..14u4a«•wu.4at-444Jmu. Um{++uu41,wl. J.SC.4-1-141.c.. it 5. ltrnrrttrirnrntrr garing ttani r-iirrtnaT'trtiM—TYrrRITa\,mlrt of tlr, rr Fa so price.Miis ciei;Ci urt'm 7rii nor In-.r71ifimth4eir?f`nreirrnmri+henrtMrt+nmmere rse€Far4 eir. --se—ttaeet9r{'Merytsp rtsSS-tore{eerees Ptwr!rterYw�M-erlrhRrrrtkrfhT'tetieelettr a Mr}{ireTrRltiS7— '.111. An abstract of title to the Property,certified to date,or a current commitment for title insurance policy in an i amount equal to the purchase price, at Seller's option and expense, shall he furnished to Purchaser on or before , 19 861f Seller elects to furnish said title insurance commitment,Seller will deliver the title insurance policy to Purchaser after closing and pay the pr•en,iu in thereon. • I I. The date of closing shall he the date fur delivery Of deed as provided Tii paragraph 12.The hour and place of closing shall be as designated by seller 12. Title shall be merchantable in Seller,except as stated in this paragraph and in paragraphs (3 and 14.Subject to payment or tender as 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 86 ,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,;ttreh.-.[retn j 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 clear of all liens and encumbrances ricers— . teseeyKilrr.fe44rwks-ersi*teb ereawesmet-+wlS4ael..rr../.«wK rr-+Set«!:erwr ew: and except the following specific recorded and:or apparent east'O1en ts: any easements appearing of record and easements as now existing on the premises, including, but not limited to, easements granted to Panhandle Eastern Pipeline Company and the Central Weld County Water District and subject to building tool /awing regulations. Ia. Except as started in paragraphs 12 and 14,if title is not merchantable and writ ten notice of defect(s)is given by Purchaser or Purchatse'r's agent. to Seller or Seller's agent oil or before date of closing, Seller shall use reasonable effort to correct said defect(s) prior to date of closing. If Seller is unable to correct said defect's)on or before date of dosing, at Seller's Option and upon written notice to Purchaser or Purchaser's agent on or before date of closing.the date of closing shall he extended thirty days for the purpose of correcting said defocus). Except as stated in paragraph Id,if title is not rendered merchantable as provided in this paragraph 1:;,at Purchaser's option,this contract shall be void and of no effect and each party hereto shall be released from all obligati ions hereunder and all payments and things of value received hereunder shall be eelanted to Purchaser. 14. Any encumbrance required to be paid may be paid at 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 secured by liens on the Property exceeds the purchase price,t his contract shall be void and of no effect and each party hereto shall be released from ;AI obligations hereunder and all payments and l things of value received hereunder shall he returned to Purchaser. 15. General taxes for the year of c•l tom ng,lwsnd-.wdy4•-at,sin..wu4-tettt u,Lt t.a.as,.r,t-ewwwtitso.o.w antrtarryewW rentrrwert r-n-rte,, ,eve reereterf H-k-nnn4 teixnernneneremoor.rtemi-isereessme+rrtrmirrtmeer,il-wseramei paid by the purchaser. shall 1.rtf wiie.neeeLbe..}ndrnt'•e4eiise.yeetFderd. Purchaser shall be responsible for any sales and use tax that may accrue because of this transaction. 1 fi, With respect to the growing crops Seller and Purchaser agree as follows: Seller shall not plant any crops on the above described parcel during the 1986 farming season. 17. Possession of the Property shall be delivered to PO relau:er on date of closing su bjeet to the following leases or tenancies: Oil and gas lease dated June 13, 1975, recorded August 18, 1975 in Book 745 under Reception No. 1667414 of the Weld County records 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$ 1_°° • _ 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 he on Seller; provided, however, that if Seller shall 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 shall 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. • rs r • 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 he the following remedies: (a) 1-F PURCHASER IS IN I)EFAUI T, then :111 payments and things of value received hereunder shall be forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter Ire released from all obligations-hereunder. It is agreed that such payments and things of value are LIQUIDATED DA MACES-and (except as provided in subparagraph (c)) are the SELLER'S-SOLE ANT) ONLY REMEDY for the Purchaser's failure to perform the obligations of this coat cart. Seller expressly waives the remedies of specific performance and additional damages. (b) 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 Ire returned to Purchaser and Purchaser may recover such damages as may be proper,or(2) Purchaser may elect to treat this contract as being in full force and effect and Purchaser shall hove the right to an action for specific performance M.Il:llllitges,nr IMO,. (c) Anything to the contrary herein notwithstanding, in the event of any litigation arising nut 'if this contract,the court may award to the prevailing party all reasonable costs and expense,including attorneys'fees. --=eI4r4e e'1«nt-rn+wF,M•iFerrrrrrr<MetTnHiaewr'rH-nfnnrrt 'tnn+rn'r*:grrnVtays-N+renrm-.a(-rmnrTlrcidi+Tilrn4ttTr,— naMrrt-ratmanesnrkMeerinMrere4'inerrrrre'rvrel itr4,rWlMr,artwierr+tier.H-nM-lm-evertrnFhr./rltr•awr-an'bi.rn-I..ubnrnvwwnit— ttrw,.. a./t•;..rrMa.tWkrrti.rhN.i.•tsto4siiwreMinrl-aanwitHrryrkrrr4rrew-w,nwywrrrlftlli'rri„t.:ercatothe+rMte-reta4-an.iarwer— M(MWWM. sMW4W.ttMMntirrottool ritlrnMFNWnWe-frrs. 21. Additional provisions: see attached schedule - 22. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before _February-4.- _ —, 19- 86 , this instrument shall become a contract between Seller and Purchaser and shall inure to the benefit of the heirs,successors and assigns Of such part iesrettrryttweetWMwJ-mat-tmessstsrwpk i. Purchaser epic:• Rat Nix Produc , Inc. 713'6 ET: _ _ . . ei, Purchaser's Address _" c-� _ 2/ `J ' l.- , ... �.., _.GLi4r..„ _ e J"`.. - it (The full Owing sectiol ill be canlple it'd 4Seller a«d1.i.4ine3KraH I 23. Seller accepts the above proposal this day Of January , Ill 86 and agrees nw-a-twal•aaisewwawf _... '.' .''4L..i..uu'las..yaaru•1'tuueuillLis_tr.a. .s:iel.iutLutui:u:ila:ath:tS...in— Yetr.Mf-fyrfr'itert—ef-tmtrmertt'.~-reamsilnr.tTris odor TtslT4,+.i-hrrt,rtnlrrneirMITTM”rts-ern?-NtiMA"-4 'thie'+*Irnii— i'iairtk i3tet�arrn4'i«tiird•-1.ekeisli.tk'i-}kt;..nrJ+«k'+k.-re44..rt.itiaw - ' r4 t4. it��j' cell+. 1.4 / \ • lK A __. f i „l ' l juc esQ �J Seller's Address,___ . _ ` _. -.. lListi � :ro errs a I. t, r..s ----- - . ... . . - )(�A , e ..' 11._ j . _. -- .,kr ,5 iit'-Alt _ 21. Additional provisions: This agreement and the terms and provisions contained herein are -subject to and contingent upon purchaser obtaining a Recorded Exemption covering the property as above described from the Board of County Commissioners of Weld County, Colorado prior to May 1, 1986. That all expenses incurred in obtaining the Recorded Exemption covering the above described -property shall be borne by the Purchaser, including survey costs and expenses incurred in connection with the Application for Exemption. That the seller, to the extent needed and required, shall execute any and all documents in connection with purchaser obtaining the Recorded Exemption described above. It is further recognized and understood by the parties hereto that the conveyance by seller to purchaser of the above described parcel shall be subject to the revised legal description as designated by the Recorded Exemption proceedings. That the transfer and conveyance by the seller to the purchaser of the above -described parcel shall be subject to a reservation in and to all oil, gas, minerals and mineral rights. Each of the parties hereto confirm that no broker was or has been involved in the negotiation hereof, nor is any broker due any commission in connection with this transaction. It is further recognized by the parties hereto that the above described parcel is located within the boundaries of the following: 1) La Salle Fire Protection District 2) West Greeley Soil Conservation District 3) La Salle Latham Zoning 4) Central Colorado Water Conservancy District, and 5) Central Weld County Water District. 1 , ,lt I cn Z _.E7 •k7 ol a F M ! +v q CO ;yiz, rt C Ii H en HI X w2 DC W eta 1 1 I4uhi I arocIi JI �. a , d �yli _I �$' i �c; I' O Di 0 al . ,(0 a x, -4 cd PS roam an, 1M• -. j Demistfl1UM4 RECEIPT y try x( vim. sr is 411L _ u a �- O N 3� -013 i_ � U N I � `>T' U i. 2 W i! o $ 4'e e_ fjIiiiI 4E'l WHO a 'j q In W JtiIi1i P1/4c14 T j. Z l don q : W ssn. q � 4 ,. ni i !C✓ si _ �• y n Ps hawses'sisv loess 'f 1ti K TT i 4 ' 1 cR ' J {1 ( ( +Y t a 1 t k r " a 11+ • riiH 47 O7 i O S 3 OF d z H O a O F2 � ° .. W H rn �_ z ~ • Fold at line over top of envelope to the right R. E?'. O4 cc .a-T BOARD OF COUNTY COMMISSIONERS of the return address u pa o _ WELD COUNTY COLORADO r W P. 0. BOX 758 CERTIFIED a _ GREELEY, COLORADO 80632 Ds P 310 896 761 CUIYY({, ' () 1118111 !1 n ilei\! y L wit DATE II°HN L.. ,�' SIDNEY E. DINNER 9 3 i� o, m d, s,, r -20102 STRATFORD ROAD D2 4 " DETROIT, MI 48221 I"- tETURN RECEIPT 'Y° a ,e0 p (Y. N 1ST NOTICE 1/ z D co REQUESTED �� feic••: gF cci A H 2ND NOTICE 42 n` �I W H •F RETURN �F�� H g Q p all PS Form 9849-A en N q Oct.1980 .__ ! i tt I 1 i ,Inl�Ili:n171 I en d'II -SIen 7 r as o 3 ■�{ �i� � a__ E O It S �0 0' r w' H cc i s III W fn N 4 $$$ .'.a Cr I-.! b 'Zi W' O I1 a C W WW cn N ;W{ /7.. W 00 ib JI Pil4• q� • g d ?. O f� 41 w litiJjVifl & B wo1 m t' 1 lLii : 3ri • �P7 O 2 c‘l VbL ON>'tiSet ,)d` S fl# al 6 � - H � Fl �O ❑ P X 0 .X r 0. 46 Porn,8811.duly 1668 447846 Y/ DOMESTIC R$TWUN RECEIPT X 11 1 1 x c 14 T D O m F W � a i QEL O lR 5 1, t O ir4 c4H FO rrHi In' fin HAW i i N ' '� ' r I .z a i 4 d K O x.ri a Ps P24211511.44$47 1666 447446 T 'l1E'1111W R IPT cit. 11 • r i �S E . M b y: �Cl rn �„ r` En O HtAIIi1I __ • sper cc c W F O z z a0 5 z OOO , ti U xa a r o m xwa i ' ` 8 1I i J ! 0 . L- WiIjJj1J i P4 PS Fan,8611,My 40446 �" R�.EIPT Sao V7 6 M C 4 C4 v1 • �� . r Z El CD xc� o o apQ axoo I ' nlg3 _i -6q `.) 8 8 �w rg n . � a '4 E ` t3 A www CIO I It i ht, _„' am i ry a •�06 :"$ ` O S. ,tia. N t[ l �i PS Form 83i1,.luiy iS 137.116 - -.. .�a / IC$[[747568 RECEIPT 0 o O • N C a 7, w P.4 is in W- ,11 m • a mN °*.�. £*, O v] W tai] C: yHO ri v) HI O Zs) g a. awrz I a W 2. , a w W ^ � 5 ' W � P - E al-OW = Q H W W on n. W �� W yyy W q iIiJJii Ir. tY f ❑> Itl Id JC R al PS Farm 3911,37171953 447445 DIM953TIC RETURN RECEIPT I I c Ti 5 ,I - ..(pi.L° LflIIII � i (- _..- r .C '"'� fiiti .ti M6 W eO 4 j CO .T' E 2 w . t.6 ,. m 6 a ��I d � w pewit ; # , ,,.cl 00 P4 �y 1 ❑ H .1 CO '� a Mt r 1 PPP 5 p� xii* x ++r: i PS 5O5,44ht451i3;+47•8 f/�' Ie 7NMM1R CEIPT Frit'r ^`o^Aw Hello