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Home My WebLink About860749.tiff RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR A HORSE TRAINING AND BREEDING CENTER — -DONALD D. AND JANETA K. GRAHAM WHEREAS, the Board of County Commissioners of Weld County, Color-ado, 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 23rd day of July, 1986 , at the hour of 2: 00 p.m. in the Chambers of the Board for the purpose of hearing the application of Donald D. and Janeta K. Graham, 17617 Colorado Highway 52 , Fort Lupton, Colorado $0621 , for a Use by Special Review for -a horse training and breeding center on the following described real estate, to-wit: W1 NE4, Section 1 , Township 1 North, Range 66 West of the bth 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 natter 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 2-4.-4. 2 of the Meld 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 ar environment. b. The proposed use is an agricultural activity and is , therefore , consistent with the intent of the Agricultural District. r"t; e 8-60"749 J It 11111 I �� < « _ T T Page 2 RE: USR - GRAHAM c. The activities proposed will be compatible with existing residential and agricultural uses, as well as with the projected development in the immediate area. d. The Fort Lupton Planning Commission has reviewed this request and determined that the proposal complies with the City' s Comprehensive Plan. 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, THERE-FORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Use by Special Review for a horse training and breeding center 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 . Prior to recording the plat, the applicant/operator shall: a. Submit to the Platte Valley Soil Conservation District, for review and approval, a plan to control soil erosion and soil blowing. Evidence of approval shall be submitted to the Department of Planning Services. b. Submit to the Department of Planning Services evidence of an approved water source for the Use by Special Review activity. 860749 11311 11 llMEI 1 1 I . Page 3 RE: USR - GRAHAM The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 23rd day of July, A.D. , 1986 . /J , .. BOARD OF COUNTY COMMISSIONERS ATTEST: \ f.r.aws•`� ^�1;t 3 s,G.-, WELD COUNTY, COLORADO Weld County C rk and Recorder �„ and Clerk to the Board Ala gue %,• - ,.�'' n-.h, Chairman �c 4J. BY: ///27 Go•��fj ,. L. .-Tem Deputy/County er unty k APPROVED AS TO FORM: ene�R :ran er C./Kirby County Attorney l tar F amaguch 860749 f l MIFF 1oi1111 IF i II -i _ -- DEVELOPMENT STANDARDS Donald D. and Janeta K. Graham USR-742 : 86: 25 1. The Use by Special Review permit is for a horse training and breeding center as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. The Use by Special Review site shall be maintained in accordance with the erosion plan approved by the Platte Valley Soil Conservation District. 3 . The septic system for the proposed office shall be evaluated and certified as properly sized by a registered professional engineer. Installation shall be in compliance with Weld County Health Department I.S.D. S. regulations. 4 . Manure shall be handled, stored, and disposed of in accordance with Colorado State and Weld County Health Department regulations . 5. Odor, insects, and fugitive dust generated by the Use by Special Review activity shall be controlled in accordance with Weld County Health Department regulations. 6 . All construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 7 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24 . 5 of the Weld County Zoning Ordinance. 8 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 . 6 of the Weld County Zoning Ordinance. 9. 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. 860745 iunin 1 Page 2 DEVELOPMENT STANDARDS - GRAHAM 10 . The Use by Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 11 . 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. 12. The two proposed mobile homes on the site shall be used only for employee residences associated with the horse training and breeding activity. 860745 I1 Bill I FMB . . H HEARING CERTIFICATION DOCKET NO. 86-38 RE: USE BY SPECIAL REVIEW FOR A HORSE TRAINING AND BREEDING CENTER - DONALD D. AND JANETA K. GRAHAM A public hearing was conducted on July 23, 1986, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gordon E. Lacy, Pro-Tem Commissioner Gene Brantner Commissioner C.W. Kirby Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Gloria V. Dunn The following business was transacted: I hereby certify that pursuant to a notice dated July 2, 1986, and duly published July 10, 1986, in the Johnstown Breeze, a public hearing was conducted to consider the application of Donald D. and Janeta K. Graham for a Use by Special Review for a horse training and breeding center. Lee Morrison, Assistant County Attorney, made this matter of record. Gloria Dunn, representing the Planning Department, read the favorable recommendation of the Planning Commission into the record. This recommendation was subject to three Conditions and twelve Development Standards. Janeta Graham, one of the applicants, was present to answer questions of the Board. She said they see no problems with the proposed Development Standards. No public comment was offered concerning this application. Commissioner Lacy moved to approve the Use by Special Review for a horse training and breeding center, subject to the Conditions and Development Standards as recommended by the Planning Commission. Commissioner Brantner seconded the motion which carried unanimously. This Certification was approved on the 28th day of July, 1986. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Cle k and Recorder and Clerk to the Boa Ja que `•};. John on Chairman BY: �l3v deputy my C�L�n G �a yet o rm Gene R. Brantner C.W. Kirby TrafiTc Yamaguc TAPE #86-50 DOCKET #86-38 PL0054 • • • ATTENDANCE RECORD 'TODAY' S HEARINGS ARE AS FOLLOWS : JULY 23, 1986 DOCKET # 86-38 USR-HORSE TRAINING & BOARDING CENTER - DONALD D. & JANETA K. GRAHAM DOCKET # 86-45 COZ-A to C-3 - FRANK E. WILCOX (CLAY CARLSON, AUTHORIZED AGENT) DOCKET # PLEASE write or print legibly your name, address and the DOC # (as ' =d above) or the applicants name of the hearing you are attending . NAME (� 7 ADDRESS RING ATTENDING lettitt V /7t/'l y /� Aft-or o P iz I , A yin L3�C.Y t Ho o �c,R.g4.ul , t.W4 a-/n4 i and (J}i/co/ hetit7OJ�YJN/��y �//i .� llN�!iCiJ»_ 1.�.� /6i40/y/ . OSCul0"6,4 ink) G 146 1 + G3lQt c+y .2 , 12A Mi , o,,�- c'� N4t5 L. , ,, I�.,f (. >t. lam iptr � w.C'.Q�. ) �Cia ro , � �j ( CC _P 1j65 ``Y/± lam l)27(r Al Cer ta4,2e 5z2�, J//15' /,rW (62,e.F/ 2. �� NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will beheld 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 per-sons in any manner interested in the Use by Special Review are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be -borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, -915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 86-38 Donald D. and Janeta K. Graham 17617 Colorado Highway 52 Fort Lupton, Colorado 80621 DATE: July 23, 1986 TIME: 2:00 P.M. REQUEST: Use by Special Review - Horse training and breeding center LEGAL DESCRIPTION: W} NEl, Section 1, Township 1 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: July 2, 1986 PUBLISHED: July 10, 1986, in the Johnstown Breeze IIDIIII� MIN 1 , -NOTICE AFFIDAVIT OF PUBLICATION Pursuant to the zoning laws of the State of Colorado and the Weld hearng will ere held In THE JOHNSTOWN BRE EZE the Chetbbere of the-B rd of STATE OF COLORADO 1 County Commissionere of Weld County. Colorado. Weld County 1 SS Centennial Center, ele 10th COUNTY OF' WELD 1 , First Greeley,, Colo- . radb, at the time specified. All I, Clyde Briggs, do solemnly swear that I Inter- ested In i the any manner b pecial am publisher of The Johnstown Breeze; Review-are requested to attend that the same is a weekly newspaper and may be heard. printed, in whole or in part, and published Should the applicant or any interested in the County of Weld, State of Colorado, S hould party desire the -presence of a court reporter to and has a general circulation therein; that ceedinoa,inaddittiontothetap d said newspaper has been record which will be kept during continuously and uninterruptedly in said Board's Office can be contacted County of Weld for a period of more than for a hat of court reporters in the fifty-two consecutive weeksprior to the area. If a court reporter Is p oOffice btained,the Clerk to the Board's first publication of the annexed legal notice iti of such hactioall on at least five advised in rdaye or advertisement; that said newspaper has poor to the hearing. The coat of been admitted to the United States mails as engaging a court reporter shall be borne by the requesting party. second-class matter under the provisions of BE 1,T ALSO KNOWN that the the Act of March 3, 1879, or any text and maps so certified by the amendments thereof, and that said Weld County Planning Commis- sion may be examined in the newspaper is a weekly newspaper duly ioffice ofCommi Clerk sionere Board of d qualified for publishing legal notices and n the Weld County Centennial advertisements within the meaning of the Center, 915 10th Street. Third Floor, Greeley, Colorado. laws of the State of Colorado. DOCKET NO. 88 38 That the annexed legal notice or advertise- ment was published in the regular and �o aid 0. anna entire issue of every number of said weekly Janes K. Graham newspaper for the period of $ consecu- .. 17817 Colorado Highway 52 live insertions; and that the first Fort Lupton, Colorado 80621 publication of said notice was l the issuer( DATE: July 23, 1986 said newspaper dated,-! O A.D, it'.4.66, and that the last publication of said notice TIME: 2:00 P.M. was in the issue of said newspaper dated REQUEST:. Use by Special A.D. 19 Review — Horse training and -breeding center In,,witness whereof I have htyur to set LEGAL DESCRIPTION:WV.NEV., Illy A.D. 19.V.t/h'ls 2 Z. day of Section 1, Township 1 Naorth, . 19....c Range o8 West l the 6th P.M., Wald 68 , Colorado BOARD OF COUNTY ,7 COMMISSIONERS WELD COUNTY, COLORADO Publisher SY: MARY ANN FEUERSTEIN COUNTY CLERK AND Subscribed and sworn to before me, a RECORDER AND CLERK TO THE BOARD Notary Public in and for the County of BY: Mary Reiff, DeputyId, State of Colorado,,(his—aarday of L et DATED: July 2, 1986 A.D. l9�' PUBLISHED: July 10, 1986, in ' the Johnstown Breezei Notary Puhlic My commission,elc?lines "....,r.7 . 2 i_G_.. T;vlzf. Avenue II IIIIIIT r IImmmIII i 1 - ill - _ Summary of the Weld County Planning Commission Meeting June 17, 1986 Page 2 The Chairman announced Case Z-427:86:2 for Stener J. and Frances E. Carlson for a Change of Zone for Agricultural to Commerci-al-Three will be placed on the July 1, 1986, Planning Commission Agenda. CASE NUMBER: USR-744:86:27 APPLICANT: Dennis E. and Billie L. Stuehm REQUEST: A Use By Special Review Permit for a custom feedlot operation (4,000 head of tattle) . LEGAL DESCRIPTION: Part of the SWi of Section 6, T7N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately one mile northeast of Ault, north of Weld County Road 84 and east of Weld County Road 37. Gloria Dunn reported the applicant is requesting a continuance to the July 1, 1986, Planning Commission meeting to allow them time to submit additional information to respond to and resolve the concerns of the Weld County Health Department and the West Greeley Soil Conservation District. The applicant has verbally requested this continuance, but to date the Planning Department has not received a written request. The Chairman asked if there was anyone in the audience was here specifically to hear this case and if it would inconvenience them to reappear on July 1, 1986. There was no one in the audience. The Chairman asked the members of the Planning Commission for their decision. They were in unanimous agreement to continue this request. The Chairman announced Case Number USR-744:86:27 for Dennis E. and Billie L. Stuehm for a Use by Special Review Permit for a custom feedlot operation for 14,000 head of cattle will be continued until the next regularly scheduled meeting of the Planning Commission to be held on July 1, 1986, at 1:30 p.m. CASE NUMBER: USR-742:86:25 APPLICANT: Donald D. and Janeta K. Graham REQUEST: Use by Special Review Permit for a horse training and breeding renter. LEGAL DESCRIPTION: W} NE of Section 1, TIN, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2.5 miles east of Fort Lupton, north of Highway 32 and east of Weld County Road 35. APPEARANCE: Donald and Janeta Graham, property owners and applicants, stated they need to obtain outside help with their horse boarding and breeding operation. This is an eighty acre farm. They currently have one mobile home on the property, and they want to turn it into an office. They want to move a -"C " 4XH/!3i 1 �l�ll if�1�1�11 i� Summary of the Weld County Planning Commission Meeting June 17, 1986 Page 3 second mobile home on the property so someone can live on the property and help them. They are asking for have a maximum of sixty horses on the property during the breeding season and approximately forty-five during the rest of the year. They have a training track and indoor training facilities on the property. They have a memo from the Weld County Health Department that their septic system has been accepted. Their request is to have three possible mobile homes on the property. The one which will be turned into and office and two proposed for hired help. The Chairman asked Mr. and Mrs. Graham if they had reviewed the recommendation, conditions, and Development Standards as outlined by the Department of Planning Services staff. They stated they have and have no objections to these requirements. AMENDMENT: Paulette Weaver moved Development Standard #12 be added to read as follows: "The two proposed mobile homes on the site shall be used only for employee residences associated with the horse training and boarding activity." Motion seconded by Ann Garrison. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. The Chairman called for discussion from the members of the audience. There was none. The Chairman asked that reading of the recommendation, conditions, and Development Standards as amended be dispensed with and that they be filed with the summary as a permanent record of these proceedings. MOTION: Ann Garrison moved Case Number USR-742:86:25 for Donald D. and Janeta K. Graham for a Use by Special Review permit for a horse training and breeding -center 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 Tlanning Services staff and amended by the Planning Commission and the testimony heard by the members of the Planning Commission. Motion seconded by Harlan Else. I III I Summary of the Weld County Planning Commission Meeting June 17, 1986 Page 4 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. Don Johnson - yes; Lynn Brown — yes; Doug Graff - yes; Lydia Dunbar - yes; Harlan Else - yes; Louis Rademacher — yes; Ann Garrison - yes; Paulette Weaver - yes; Jack Holman - yes. Motion carried unanimously. CASE NUMBER: USR-743:86:26 APPLICANT: 0. Steven Hanson REQUEST: Use by _Special Review Permit for a home business (small Engine repair) . LEGAL DESCRIPTION: Lot 3, Block 3, Casagrande Estates. Part of Section 17, T2N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .75 mile northeast of Firestone, south of Weld County Road 22, and east of Weld County Road 15. APPEARANCE: Steven Hanson, property owner and applicant, stated he wants to open up a small engine repair business. He is not taking in any work until all permits are taken care of. He will repair items such as lawn mowers, roto tillers, etc. He will not do any automotive work on the property other than his own vehicles. He intends to use his twenty by forty foot attached garage to conduct his business in. There will be no old oil discarded on the property and he intends to keep everything either in the garage or a cedar fence so it is screened from view. He has been working with the Building Inspection Department to be sure the garage conforms to the building code. The Chairman called for discussion from the members of the audience. There was none. The Chairman -asked Mr. Hanson if he had reviewed the recommendations, conditions, and Development Standards as outlined by the Department of Planning Services staff. He stated he has and has no objections to them. AMENDMENT: Paulette Weaver moved Development Standard //10 be added to read as follows: "Temporary storage of waste shall be screened from view, and all engines being repaired shall be stored in a screened area." Motion seconded by Harlan Else. pw a r 11111 1�1i�I111 - If DATE: May 28 , 1986 TO: The Board of County Commissioners Welts County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearing for the 2nd day of July, 1926 , at 2 : 00 P.M. Docket No. 86-38 - Donald D. and Janeta K. Graham, USR-Horse training and boarding center OFFICE OF THE CLE K TO THE BOARD BY: / � Deputy The above mentioned hearing date and hearing time may to scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ExHiAi� D IIIIIIII f BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ann Garrison that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: - CASE NUMBER: USR-742:86:25 CR�!r?Cc rq 571)t ;1I 5 n NAME: Donald D. and Janeta K. Graham r'r' l`I'` JUN 2 01986 ADDRESS: 17617 Highway 52, Fort Lupton, Colorado 80621 CCLLLL]]]]]] ��5-a, REQUEST: A Use by Special Review permit for a horse traininSfliargag center. LEGAL DESCRIPTION: W} NE} of Section 1, TIN, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2.5 miles east of Fort Lupton; north of Highway 52 and east of Weld County Road 35. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the 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 activities proposed will be compatible with existing residential and agricultural uses, as well as with the projected development in the immediate area; - The Fort Lupton Planning Commission has reviewed this request and -determined that the proposal complies with the City's Comprehensive Plan; - No overlay districts affect the site; - Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. USR-742:86:26 Donald D. and Janeta K. Graham June 17, 1986 Page 2 This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the plat, the applicant/operator shall: - Submit to the Platte Valley Soil Conservation District, for review and approval, a plan to control soil erosion and soil blowing. Evidence of approval shall be submitted to the Department of Planning Services. - Submit to the Department of Planning Services evidence of an approved water source for the Use by Special Review activity. Motion seconded by Harlan Else. VOTE: For Passage Against Passage Don Johnson Lynn Brown Doug Graff Lydia -Dunbar Harlan Else Louis Rademacher Ann Garrison Paulette Weaver Jack Holman The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. ��I�II [ In lIN USR-742:86:26 Donald D. and Janeta K. Graham June 17, 1986 Page 3 CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on June 17, 1986, and recorded in Book No. X of the proceedings of the said Planning Commission. Dated the 18th day of June, 1986. �JO U.Au © a e.eA Bobbie Good \ Secretary r•. >_ 1) DEVELOPMENT STANDARDS Donald D. and Janeta K., Graham USR-742:86:25 1. The Use by Special Review permit is for a horse training and breeding center as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. The Use by Special Review site shall be maintained in accordance with the erosion plan approved by the Platte Valley Soil Conservation District. 3. The septic system for the proposed office shall be evaluated and certified as properly sized by a registered professional engineer. Installation shall be in compliance with Weld County Health Department I.S.D.S. regulations. 4. Manure shall be handled, stored, and disposed of in accordance with Colorado State and Weld County Health Department regulations. 5. Odor, insects, and fugitive dust generated by the Use by Special Review activity shall be controlled in accordance with Weld County Health Department Regulations. 6. All Construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 7. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 8. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 9. 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. 10. 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. Development Standards USR-742:86:25 Donald D. and Janeta K. Graham Page 2 11 . 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. 12. The two (2) proposed mobile homes on the site shall be used only for employee residences associated with the horse training and boarding activity. ,y `-1 ,-1 GIII�I 1111 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number/15E 7-yC ,'1 aS Submitted or Prepared Prior to Hearing At Hearing 1. Application IS Pages 2. (p Application -lat(s) / Rage(s) L''' 3. DPS Referral Summary Sheet 4. PPS 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 t� 10. DPS Field Check q z2 , clo 0446 02/,�dC,0d� Rodtr 13. U� S 49(w 14. 15. 16. 17. 18. 19. 20. I hereby certify that the,! items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items i4'r, forwarded to the _Clerk to the Board's office on • • Current Planner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS 2[i PAY OF SEAL �e�s qo r,d, .ExN/• fl/7 y NOTARY PUBLIC . My Commission Expires Feb. 13, 1989 MY COMMISSION EXPIRES f► EXHIBIT INVENTORY CONTROL SHEET Case �/5j67 etnrl Exhibit Submitted By Exhibit -Description A. �LLQifltll ./!f' /,4t Cl i C. a - (kCel . 'ae 111,04:4-6-47 ter,» "1/7 F. .!/Y/Y�ly /J7t,cf%O,c�riL I/.2'.'.€174 - NCO G. jyt� agent" 074.1.97;,..1 Dfia}`ii.U./mlt�i SH• £4n��r� Ye.e cQn; / J��.0-4.Gtorc$7,..i44,74-nril-lrearg I. J. R. L. M. N. 0. Date: June 17, 1986 CASE NUMBER: USR-742:86:25 NAME: Donald D. and Janeta K. Graham ADDRESS: 17617 Highway 52, Fort Lupton, Colorado 80621 REQUEST: A Use by Special Review permit for a horse training and breeding center. LEGAL DESCRIPTION: W} NEi of Section 1, T1N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2.5 miles east of Fort Lupton; north of Highway 52 and east of Weld County Road 35. 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 opini-on 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 activities proposed will be compatible with existing residential and agricultural uses, as well as with the projected development in the immediate area; - The Fort Lupton Planning Commission has reviewed this request and determined that the proposal complies with the City's Comprehensive Plan; - No overlay districts affect the site; - Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. MITT 11NE i T I USR-742:86:25 Donald D. and Janeta K. Graham 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. Prior to recording the plat, the applicant/operator shall: - Submit to the Platte Valley Soil Conservation District, for review and approval, a plan to control soil erosion and soil blowing. Evidence of approval shall be submitted to the Department of Planning Services. - Submit to the Department of Planning Services evidence of an approved water source for the Use by Special Review activity. f .r .'� IMF{ 11 [ 11 DEVELOPMENT STANDARDS Donald D. and Janeta K. Graham IJSR-742:86:25 1. The Use by Special Review permit is for a horse training and breeding center as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. The Use by Special Review site shall be maintained in accordance with the erosion plan approved by the Platte Valley Soil Conservation 3)istrict. 3. -The septic system for the proposed office shall be evaluated and certified as properly sized by a registered professional engineer. Installation shall be in compliance with Weld County Health Department Z.S.D.S. regulations. 4. Manure shall be handled, stored, and disposed of in accordance with Colorado State and Weld County Health Department regulations. 5. Odor, insects, and fugitive dust generated by the Use by Special Review activity shall be controlled in accordance with Weld County Health Department Regulations. 6. All Construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 7. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 8. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 9. 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. 10. 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. nt [Alf III II Development Standards USR-742:86:25 Donald D. and Janeta K. Graham Page 2 11. 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O/2 Ogg d I. ^t n .�.;q >;` t #5 4-1 yetr ��$A r,x °fi`(+ i f N T4i. t.o 035 .,H,. r ": q ;:le.-111;.2.C.14: 0/CO)- *» u, , st, t;t7i::tiV, (C_Z29.2 IIDIV - I Hilt I T T _ I LAND-USE APPLICATION SUMMARY SHEET Date: June 10, 1986 CASE NUMBER: USR-742;86:25 NAME: Donald D. and Janeta K. Graham ADDRESS: 17617 Colorado Highway 52, Fort Lupton, CO 80621 REQUEST: Use By Special Review Permit for a horse training and breeding center. LEGAL DESCRIPTION: W} NE} of Section 1, TIN, R66W of the 6th P.M. of Weld County, Colorado. LOCATION: Approximately 2} miles east of Fort Lupton, north of Highway 52, and east of Weld County Road 35. SIZE OF PARCEL: 80 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services has received specific recommendations from the following entities: - Weld County Health Department - Platte Valley Soil Conservation Copies have been included in this land use summary. The Department of -Planning Service has not received a referral response from the State Engineer Division of Water Resources. The staff has not received -any objections to this proposal. 11 7111 I L AI i I FIELD CHECK FILING NUMBER: USR-742:86:25 DATE OF INSPECTION: June 3, 1986 NAME: Donald D. Graham REQUEST: Horse Training and Breeding Center LEGAL DESCRIPTION: Tart of the W} NE} of Section 1, TIN, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles -east of Fort Lupton LAND USE: N House, farmland E Farmland, two houses S -Highway 52, house, mobile home, and natural grassland W Speer Canal, mobile home, and small dairy ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: The property is located on the north side of Colorado Highway 52. She access is a paved give into the Property. The horse boarding facility appears to have been located on the property for a number of years. Also located on the -property is one single family residence, one mobile home, a number of outbuildings, and corrals. By•'4 1 22222c�r�'�� er Current Planner TT 1��1fr I C l REFERRAL LIST APPLICANT: Donald D. and Janeta R. Graham CASE NUMBER: USR-742:8-6:25 SENT REFERRALS OUT: May 14, 19.86REFERRALS TO BE RECEIVED BY May 30, 1986 NO SR NR _NO SR NR County Attorney X Weld County -Health Dept. X Engineering Department X County Extension Agent Office of Emergency Mngmt X State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, CO 80203 X Ft. Lupton Planning Commission O /2.4— /2/1249U., 0:67n . uJ/ _Robert Crumb P.O. Box 158 Ft. Lupton, CO 80621 X Harlon Else Planning Commission Member 815 Fulton Ft. -Lupton, CO 80621 7 X Platte Valley Soil Conservation 60 South 27th Avenue Brighton, CO 80601 • _X Ft. Lupton Fire District Chief Larry Richardson 1121 Denver Avenue Ft. Lupton, CO 80621 NO-No Objection SR=Specific Recommendations NR=No Response ,£ ._. -1 7,."'1 {IO6 [ II 1 1 I urt ` (f�*! n . `�:r._ #' To Planning Department • Date May 23, 1986 COLORADO From Wes Potter, Health Protection Services L eo Subject: 4;E::;- USR 742:86:25 V 1. Septic system for the proposed office shall be evaluated and certified as properly sized -by a Registered Professional Engineer. Installation shall be in com— pliance with Weld County Health Department's I.S.D.S. regulations. 2. Manure shall be handled, stored and disposed in a manner that controls -and abates odors, insects and any nuisance conditions. WP/gal ,, . 1986 'Nell Gfi, ?Loc.;" ,:rttgl[ICS Q ZIFF II it I a Platte Valley Soil Conservation District 60 South 27th Avenue - Brighton, CO 80601 May 21 , 1986 • Ms. Debbie deBesche, Current Planner Weld County Colorado Department of Planning Services 915 10th Street Greeley, CO 80631 RE: Case Number USR-742:86:25 Donald D. and Joneta K. Grahm Dear Ms. deBesche: The soil where trailer homes, buildings and arenas are proposed has a sandy or loamy sand texture. These soils have a moderate limitation for local roads due to the low strength of the soil . For trails or walkways, the soil has a moderate limitation due to the sandy condition which causes dust when travelled. These soils are susceptible to wind erosion when bare of vege- tation. Roads, trails, arena and other areas should be protected from wind erosion. If a trailer is moved the area should be smoothed and seeded to adapted grasses. The grazing area should be managed to keep an adequate grass cover to prevent erosion. Sincerely, ‘ � � Robert Warner, President Board of Supervisors f 1986 lle1G Co. Ni imata iAQIIIIISSICU CONSERVATION - DEVELOPMENT SELF-GOVERNMENT " �- - 11 [NUS iirom 1_ s , , DEPAR\ 'ENT OF PLANNING SERVICES PHONE(303)356.4000 EXT.4400 1915 10th STREET ( I 4,754 GREELEY, COLORADO 80531 T x- su 'F' r_4y vK, X Sty � z 'fi: � . - :1� COLORADO • NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Tuesday, June 17, 1986 at 1:30 p.m. to review a request for approval of a Use by Special Review permit for a horse training and breeding center from Donald D. and Janeta K. Graham on a parcel of land described as WI NE; of Section 1, TIN, R66 of the 6th P.M. , Weld County, Colorado, containing 80 acres, more or less. The property is located approximately 2.5 miles east of Ft. Lupton, north of Highway 52 and east of Weld County Road 35. The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on June 17, 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 May 22, 1986 • -Received by: � /4l Date: / a 1-4 [I��T� DI iII i __I l MAILING LIST Donald D. and Janata K. Graham USR-742:86:25 James I. Martin 17576 Colorado Highway 52 Fort Lupton, Colorado 80621 James Martin 17646 Colorado Highway 52 Fort Lupton, Colorado 80621 Neva Amato 17407 Colorado Highway 52 Fort Lupton, Colorado 80621 Robert J. Watkins 17808 Weld County Road 14 Fort Lupton, Colorado 80621 F. A. Trunkenbolz P.O. Box 77 Henderson, Colorado 80641 Fred Currier 17855 Colorado Highway 52 Fort Lupton, Colorado 80621 Lee Amato 17407 Colorado Highway 52 Fort Lupton, Colorado 80621 E. F. Thon 6951 Olive Commerce City, Colorado 80022 James J. and Robert J. Watkins P.O. Box 157 Fort Lupton, Colorado 80621 Marcus Sheldon 17469 Weld County Road 14 Fort Lupton, Colorado 80621 Robert F. Reeves 17609 Weld County Road 14 Tort Lupton, Colorado 80621 l Sitar �ffl i I r AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property 176617 Co . Hwy 52 , Ft . LLunton , Colorado The 7i', of the 7E1:: of Seetionl. ,To-anshin 1 Tlort'h , ;Hang e 66 West STATE OF COLORADO ) -as. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and -addresses of all mineral owners and lesses of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. The foregoing instrument was subscribed and sworn to before vie this 30 day of a 1 , 19g . WITNESS my hand and official seal. My Commission expires: \-� � Nota y Public 7.71 f Ulf[r f T f c U.7 p Reception No. 1b974.1. 3 s_ LEE_517e.HcF,.hi Recorder. ,,,-II II �. Donald M. Heston and Geraldine E. Heston • Husband and wife, , i I whose address is 203 Park Ave. , Ft. Lupton, Colorado 80621 State Documentary Fee :p County of Weld , State of 1I 1 7 Date......:.. . ._. ) ,19,.6.... Ln r-I Colorado , for the consideration of t _$_ �' �� — u one hundred thirty thousand and no/100 dollars, in hand ($130,000.00) II �` paid, hereby sell( and convey(s) to `_D Donald D. Graham and Janeta K. Graham, as joint tenants, a and not as tenants in common, with right of survivorship, n c II whose address is 17617 Colorado Highway 52, Ft. Lupton, , S0621 County of o r I1-1 o Weld II , and State of Colorado the following real property in the 1 County of Weld , and State of Colorado, to wit: Ii The west one-half (141/2) of the northeast quarter (NE's) of section one (1) , township II one (1) North, -Range 66 west of the 6th P. M., County of Weld, State of Colorado, ,, - I together with twelve (12) shares — has of the capital stock of The Farmers Reservoir I • .-a and Irrigation Company, EXCEPT: i Lk ,_ 1. A strip of land heretofore conveyed by deed to The Farmers Reservoir and `� Irrigation Company, recorded Dec. 11, 1914, in Book -406, at page 282, I Weld County records; 2. Except a fifty foot wide strip for a public road, conveyed by deed to Weld County -recorded October 13, 1937, in Book 1016 at page 602, Weld County records; and 3. Except a tract of land ten feet in width for a public highway, conveyed by I deed to Weld County, recorded February 14, 1942, in Book 1090 at page 141, / C Weld County records. ('' C )iI I , I I with all its ap purtenances, and warrant(k) the title to the same, subject to taxes for the year I 1976 and subsequent years; any and all governmental regulations; Patent reserva- tions; oil, coal and mineral reservations and rights as shown in Book 320, page 17, Weld County records; right of way as conveyed at Book 933, page 91; Mineral Deed recorded in Book 711, Reception #1633266; right of way as recorded in Book 713, Reception #1634968; and rights of way for County roads as recorded in Book 86, page 273, Weld County, Colorado records. Signed this twelfth day of June , 19 76 . ' ..,G '.j.!i-,i '.', 4" :I (Donald N. Heston) Husband .1e- /ierrts c lTssrmi i. il (leraldine E. Heston) Wife. I STATE OF COLORADO, I County of Boulder ss. The foregoing instrument was acknowledged before me this /i day of June , 19 76 , by Donald M. Heston and -Geraldine E. Heston, t, f husband and wife. ". •l.,." My eilrnmission expires t Witttcs5 my hand and ,fi iciul seal. II ., / / / - Al � '1' I I l Notary PnLlir . . I Ii No.897. Warranty Deed—Short Form itr:,,Io,,.I Fubl,-I,nu 0,, I".:I.Ic Stine SInH. Denver.Cudurnd,,. :I-7G C:;..:.. .... ..4 ' USE BY SPECIAL REVIEW APPLICATION Department -of Planning _Services, 915 Tenth Street, Greeley, Colorado $0631 Phone - 356-4000 - Ext. 4400 Case Number Date Received Application Checked by Mylar plat submitted Application Fee Receipt Number Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) a (we) , the undersigned, hereby request a hearing before the Meld County Planning Commission and Weld County Board of County Commissioners concerning the _proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: rd_; or 'Tr*Section 1 T 1 N, R 66 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed:w:, of .r i, Section 1 T N, R 66 W Property Address (if available) 17617 50 . H Y 52 Ft . tunton , CO . 30621 PRESENT 20NE OVERLAY 2ONES TOTAL ACREAGE 3 ) PROPOSED LAND USE TTh rou_hIred breeding and trainin7 center EXISTING LAND USE Thnrof^1brnd breedin7 and trainin7 center SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: - — — — Name: 7nmgld 0. Graha2 Address: 17617 Co . Hwy 52 City Ft . Lupton Zip 33621 Home Telephone 1 357-4539 Business Telephone 11 421-617') Name: Janeta C. Graham Address: 17617 Ct . Hwy 52 City Ft . Lupton Zip 83621 Home Telephone 1l 357-11539 Business Telephone # 421-6177 APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: _,A E Address: City Zip Home Telephone $ Business Telephone A List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: SEE ATTACKED LIST Address: Litt 21p Name: Address: City Zip I hereby depose and state under the -penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) Signature: Owner or Authorized Agent Subscribed and sworn to before me this _ day of 19 NOTARY PUBLIC My commission expires nn I Los Duenos CaLancs. i h DUANE & NETA GRAHAM 17617 Highway 52 • Ft. Lupton, Colo. 80621 Ji (303) 857-4539 • (303) 421-6170 -y -lay l , 1986 Tn W'acm It lay Concern , Our proposal is for housing additi-onal farm help due to increased need. We are raising Thoroughbred horses and io everything from breeding them to preparing them tor the track . Our nronosal requires no additional traffic or services , .just two addition-al employees to care for tine additional horses . Our hours of oneration do not change and our water supply for irrigation and drinking has no significant change . We will use the existing well and septic systems . Our fire protection comes from the Ft . Lupton UFD and will continue unchanged . Our number of horses on the 8o acres is not expected to -exceed 60 during the breeding season and most of the year won 't exceed 45 . All bedding and manure is disposed of on oar own fields with a manure spreader. 7e now have a weekly trash nickup by 3rite ' n 3est Disposal Co . No Additional service will be needed . The mobilehome we now have , we would like to turn into our office area. The additional mobilehome does not require any additional errosion control and will be suitably landscaped. . In the event that one or both of the homes would b-e removed in the future , the srace can be easily smoothed over. We anticipate a start up time of July 1 , 1986 and it should take 3-5 days . rio construction is required ; only iookun of gas , electric , and septic ; all of which are in place . The properties on all sides of our pronerty are farms . The closest neighbor is 1/8 of a mile from us . Our use is only residential . 17) i-IEl it i 11 f AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property r, of -171 —::tion 1 , Township 1 _�U , _ange 56 'lest STATE OF COLORADO ) ss. COUNTY OF WELD ) TIE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the Corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of -property (the surface estate) within five hundred (500) feet of the property subject t-o the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. 7&tzt VYL€l9u The foregoing instrument was subscribed and sworn to before me this Ih0111 day of Cj,(p.5.;"..X 1-9%6 . WITNESS my hand and official seal. My Commission expires: Y r rzh " \oAs �F k o. Cites Not ry Public NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # Ft . Lupton , CO . 30621 T1 T 'Lprtin - ' O. I,r 2 1471-01-3-3:)-015 1764o Co . H:ry 52 Y -• %-s Martin Ft . Lupton, CO . 30621 1471-31-0-00-016 17407 Co . Hwy 52 "Ieva A iato Ft . Lupton, CO. 30621 1471-31-0-30-)13 17303 Weld Cty. Rd. 14 ;obert J. :'latkins Ft . Lupton , CO. 30621 1471-01-3-0,0-013 P. 0. 3ox 77 A mri:nkenbolz Henderson . CO. 30641 1471-01-0-00-033 17855 Co . Hwy 52 ;r,d _furrier Ft . Lupton, CO. 30621 14'71-01-0-00-045 17-40-7 C o . Hwy 52 U.ee a"IRtn Ft . Lupton. CO . 33621 1471-01-0-00-053 6951 Olive r. F. Thon CAMmp 2 1 0 - 6-0-00-013 James J. & P. 0 . 3ox 157 ''nbPrt J. Watkins Ft . Lu to , CO . 80621 1309-36-0-00-014 17469 Weld Cty. Rd. 14 iarrins 0hPldon Ft . Lunto-n , CO . 30621 13)9-36-0-00-013 1"7609 Weld Ctv, Rd. 14 ::nhert 7. Reeves Ft . Lupton , CO . 30621 1309-36-0-00-0006 l Tl[r ii iii I r__..-.__ . . AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property 17617 Co . ::-d7 52 . Ft . Bunton , Colorado The .1', of the NE1 of Sectionl. ,Townshin 1 'forth , 3an7e 66 `Test STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the bast of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lasses of mineral tunerson or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Cler-k and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. yea& The foregoing -instrument was subscribed and sworn to before me this $p day of (I FL. — \ , 19W6. WITNESS my hand anti official seal. My Commission expires: N}, .:,', . -'•er eel". 19fl Not* y Public II iii 8019889 Sheet 4 of 5 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 . Rights of way for county roads 30 feet wide on each side of section and township lines, -as established by order of the Board of County Commissioners for Weld County, recorded October 14 , 1889 in Book 86 at Page 273 . 7 . Reservations by the Union Pacific Railroad Company of all oil, coal and other minerals underlying- subject property, the exclusive right to prospect for, mine and remove oil, coal and other mi-nerals, and the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded April 27 , 1910 , in Book 320 at Page 17 . 8 - Right of Way for Beebe Canal, as granted December 11, 1914 in Book 406 at Page 282 , insofar as same may affect subject property. 9 • Right of way for Public Highway along the South 50 feet of subject property as conveyed to Weld County by Right of Way Deed recorded September 5 , 1940 in Book 1067 at Page 507 . 10 . Easement and right of way for pipeline for the transportation of oil, gas or other substances, as granted to Panhandle Eastern Pipeline Company by Donald M. Heston and Geraldine E. Heston, in the instru- ment recorded April 23, 1974 in Book 713 as Reception No. 1634968 , affecting the following described property: w1 of the NE1 of Section 1 , Township 1 North, Range 66 West of the 6th P.M. Subject to road right-of-way. Form No.C-142.4 Rev.4-18.45 8019889 Sheet 5 of 5 SCHEDULE B--Continued 11 . Easement and right of way for communication and other facilities, as granted to The Mountain States Telephone and Telegraph Company by Donald D. Graham and Janeta K. Graham, in the instrument recorded March 6 , 1984 in Book 1022 as Reception No. 1958251, affecting the following described property: A strip of land 10 feet in width, (being 5 feet on each side of a centerline) described as follows : Commencing at the center of Section 1 , Township 1 North, Range 66 West of the 6th P.M. ; thence North along the centerline 55 feet to the True Point of Beginning, said point being 5 feet North of the North Right-of-Way line of Colorado Highway #52 ; thence Easterly parallel to and 5 feet North of said Right-of-Way line of Colorado Highway #52 1320.00 feet to the Point of Termination. NOTE: The following -notices pursuant to CRS 9-1 . 5-103 concernina 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 iII SO!!. :1fAl' l)tcn"r (Otnera'or (. ounit - We. -� Sinn 4oi'oracio Sin! -iinvey ,li..,.t(�,) or rod,- no, _31 — A!,',ruriul,'r ,,.tli. PreparedA i.y U.S. D p,o-nu,•iit of :A;riru!Iure, Anil Con„'r,,:Uon Hrrvirr ,•,„,,„.,,,,.,,,, with f'on,reAa!ion : !L- ct I 11 �5 ^\ \..__.....sj L. 0 73 97 70 ( �� 7 M14 J.J \--4...:\..: q 'r i ,' , i 70 sP ,-- ,J I �4 69 �^. ,, 44 �_ 7J7J \ - I T2 70 t4 44 \\44.„,_,,,...---.‘„___S n -lti 1 ( \ as 73 I .. 72 73 72 72 :.. 70 I r4 70 6 A 70 C4 `vLv 9 . .x44 '73 70 -- 7(\\7\.. 73 69 �� 0 i 70 70 .. 72 JO _ y a —%N..)--69 � 70 / / ,_6 . 70 44 / 4. G9 I 73 34. 44 )9 70 72 49 70 72 1 .? 73n % 73 / 44 71 er '..'l A. _ 70 nr 44 (.!r-- 44 f -7d e 's ° ix{y yl\,\1\`il'• 44 4a na 72 69 r 70 ,, 72 7 s 69 73C / 69 rt x • 4 a 44 7,7 . r. , 70 p z ? mT',.----- 3 I� 7044 w 1 3 � "' (,1, 69 . 72 70 , ) / 73 fflt[T_l 11 -UI I 1 I 4—Aquolls and Aquepts, flooded. This nearly level Management of vegetation on this .soh' :,hou!c Lc !nisei! map unit is in depressions in smooth plains and along the on taking half and leaving half of the total amnia: prelim- bottoms of natural chrairurgcways throughout the survey thin. Switchgrasr,, big blue. '.-'n, inrli;rn,graes, wiwt 'rn area. Agnelli:, which leave a rlark colored surface layer, wheatgraas, pul„eseent wheac.rass, in to rmurLa to rc'oi•at- make up about 53 percent of the unit. Aga. pt;, which grass, tall whe;rtgr:ret, amd tall fescue are imitable for have a lighter colored surface layer, make up about 25 seeding. The punts selected should met thy. percent. About :'0 percent is soils that are cell drained requirements of !livestock. I'or successful seeding, a :';;ern and soils that have sand •inne or shale within 4s inches of prepared seed)-,'mt is ne, ''e '. A grass drill :in the surface. Seeding early in spring hae proven Ynniit ancreasrub These are deep, poorly drained soils that formed in :age is needed to eliminate the undesirable vegetation. recent alluvium. No one pecion is typicti. Commonly the Wetland wildlife, especially waterfowl, ut.Lze thus unit. soils have a mottled, mildly to moderately alkaline loamy The wetland plants ,'rovide nesting and ^•vtvctive a. or clayey surface layer and underlying material that ex- as well as sumo food. The nearby irrigated cran'nnd, tends to a depth of GO inches or more. 'n places they have where wildlife obtain much of their feu ' '[n.' pro',re- a gleyed layer in the underlying material. Most of the acreage is subject to excessive runoff. The tive cover, makes this uni' valuable '.o both r .!hr l and water table is at or near the surface in spring and during °penlanc! wildlife. Deenland wildlife, especially pheasant, use this unit for the peak of the irrigation season. These stills an used r'or rangeland and wildlif habitat. cover and nesting. Deer find excellent cover in some areas. Theis,' valuable wilr'lif" areas should be protected Some small areas are irrigated pasture. 'Che putenti:d native vegetation is dominatedby from Lire and fenced to prevent encroachment and swttchgrrss, ororie cmdgrass, saltgrass, alkali sacaton, overuse by livestock. They should not be drained. Capa- big Llus_ .,:m, iudiangrass, western wbeatgrass, slender b'Gty subchrns Vlw; Aquolls in Salt Meadow range site, w heatgrass, sedge, mid rush. Cattails al rd bullrush grow Ayurpts in Wet Meadow range site. in the svvampy spots associated with these range sites. Potential production ranges from 4,000 pounds per acre in favorable years to ::,000 pounds in unfavorable years. As ear gc Conditwn deteriorates, the tall and mid grasses decrease, production drops, and saltgrass, sedge, and rush increase_ The farming and irrigation in adjacent ar -as has increased the amount of salts on much of the acreage. / 4I —Olney loamy sand, I to 3 percent slopes. 'rids is a Management or vrvo'ati.m on this so!' , loutd h . e,:rr.h, Clef'!!, Well drained soil on smooth plains :it devotions Ira' un baleen✓ h..!! and leas iilg h;r''f or the :rhoihir• 4,11110 to 5,21)(1 feet. It formed in mixed nutwash di•p,-s'ts. Lou .n tict'ding is desirable if rho range i. in poor , on'r inn Inclded in mapping ale soma small leveled areas. Viand hen -,tern, sand re, livras. swerneripid Typically the surface layer is grayish brown loarny sand graeu a, tiler gram:,, flu rc'.ci•n1, and :r'i' about '1 inches thick. The subsoil is yellowish brown and wheatgrass art' suit:J.13e for seeding. The a'< s,.'. eidei very pale brown sandy clay loam about Id inches thick. should nu'et the <e.sunrl r, Ilu rmu- i s Or. : r 'I ni•s. i. h, t ubstratIMI to a dop'h i t ('U inches is vet" pal.' he scaled into a i lI an, 'ire, s r.rhum s'uh ': e: hi,. h r< wI calcareous fine sandy loans. drilled into n firm (v t'',uI d 'ocJ. -, ro Permeability and available water capacity are spring has proven most successful. naideriLtO. The effective footing depth _ fiU inches ter Windbreaks and cover e ❑'(I pint IN" ire L'en ".lira more Surface ruled!!' is slow, and the erosion has,and is suited to this sop. Soil ' ;owing ..,o principal Lazar I low. in irrigated irons this soil is suited to Om crops come esta!lishing trots and sli i,.' <. can hn' ri . . 'r.! manly ro.v'n in rho area. L'rit nil:tl . Ic tivatin;• only in the tree row air! by 'sags i - a n- }; _ _ grasses sued nlla .a or close grown cent,., should he grown at least ill percent (Jr vegct:cum between the rows. Iupplcnii•nr ,. in.�,r „ilrn. the Lime. Clamour ditches and eoccugatimis can he used in may be needed at the time of phis!g anti iitlrnyt iln irrigating crops and pasture. Furrows, contour furrows, I'eriods. 'hri s that :ur best sells,' an.i have guru! stranva. and cross :dope furrows- arc suitable for row crops. Sprin- are Karky AL,untain 4nipi•r, ”1st—r" n'II ii, tinn�!rnu.::, Her irrigation is also II.-,ir:able. Keeping tillage t(i ;a Ph Siburi:ue else, Rus,sia,rn!i , an,! lit minimum and utilizing crop residue help to control en ,- shrubs hi,=r -,alter! arc skun h'1s,h rcruin ar. lion. M:tint:tining ferrlity i.s important. Crops respond to an lieashru h. .applications of phosphorus and nitrogen. �1'ildh;I is an import ant second ary use of this soil. '!'sic. In nonirrigalyd :ue;ts this soil is suited to winter vv ht;It, cropland :urcas provid Grvorable habitat 'sir riot- n cli..r•il h troy, sued sorghum. Most of the the acreage is pl:Intcel Irh, a s ,nt :end inn coin clove. Y uev nnng:un i t rises Lao x• a Led by _sfebl ''-. rp areas or ne•s unf : ' m vv to wL'r hula. The predicted average ,yield is 20 cover. Ivor ione.aa.uet-;, un,!isttube,I .et cover i r hu hels per tae. The HMI is usually summer followed in L,. uu. :;hiruul r.e Inc.!ill cal iIi 'clans fee alternate ,.er n ate y, Ii : Lo allow nwist ur'r .,runnil.ati ul Generally merit, especially in areas of intensive neric _tar precipitation is too low for beneficial use of fertilizer. Ianti wl,,i;lei ''or example, the prnntrh �h.L bee mulch farming, Lri ; .urn , i c; s I lopping, and nuninlum tie- at nicic,I. fey den fun r }( ;ivustoe .vats t fare. e:. lag:- sure needed to control soil blowing and watt rr er sign. managing livestuek t;razing ante rose •dour -Srro m i o, 1 t•i na ing also may Ile n-,ded to control water rrusioti. 'fhb, soil has soul pe to Leal or urban dc, '.00 s'c'ar. The pot,•nlal native tr,' atlas on this Ault;e srl is any !in, Lieg icalu re is the nenilo ,. -e l'; rapid ne 11111 !t c dominated by y sdnd blue stirs,, sand reedgr Is:, anti blue in Lhe a',st rai uln, which causes ,t haLrii ul }ion ail w eL,.r cocoa. Needleandthu :al, switchgrnss, sideoats gr:uu:i, con:anunation from sewage lagoons. The Loamy sand sur- und western whe:lgrass are also prominent. Potential face layer is a limitation for recreational drvrbr ono n,. production ranges from 2,20(1 pounds per acre In f vora Once c,c166 ,bed the lawns, shrubs, and trees gru u' vvi years to I Slll pruutls in unfavorable years. As range Capability subclass Ile irrigated, IVs noiurrvnlei l; condition 'Ietrr ioratea, the sand hlueste m, :and rtr,ly r t.s, Sandy l".tins r;u ge site. and svvitcilgr:us decrease and blue gr:ona, sand d ron,seed, and sand sago increase. Annul weeds , ld grasses invade Chi., site ;Is range condition beconies poorer. _ . ell. ..If _ _. - _ TI 70—Valent ,,.n,', :i to 9 percent slopes. This is a deep, Management of vegetation on this soil si3Oui! 'C bassi excessively drained soil on plains at elevatim,s er 4,65,0 t„ on taking half ant! leaving half of the total anal a' proiruc- 5✓,100 feet. It formed in eolian deposits. lnclud d In tion. Seeding 1s ,l,su;,i.lt• if the range is in poor cot ; 1 i.,n. mapping are small areas of soils that have lime within a Sand hIt' stem, sand reedgress, ir.d iangrass, switch a'as, depth of 40 Helots. Also included are small .,reas of soils side-orts grama, little bluestem, and blue grsimi are s i.t:, that have sandstone between 40 and 60 inches. ble for seeding. fecause this soil is susceptible to Hill 'Yi'irally the surface layer of the Valent soil is brown blowing, it .:meld Lo seeded esisg an ;n torsee,ier or the sand about 6 inches thick. The underlying material to a seed should be drilled into a firm, clean sorghum stubble. depth of 60 inches is brown sand. Seeding early in spring has n+-..Yen most succes,''u;. Permeability is rapid. Available water capacity is management can also help ur improving der.c ric rare i moderate. The effective rooting depth is 60 inches or range. more. Surface runoff is slow, and the erosion hazard is Windbreaks and environmental nl:sittings are gene-ally low. not suited to this soil. Onsite investigation is nee:', .i The potential vegetation is dominated by sand determine if plantings are feasible. bluestem, sand reedgrass, switchgrass, side, its grama, Wildlife is an important secondary use of this soil. 11an- needleandthread, little bluestem, and blue grama. Poten- geland wildlife, for example, the pronghorn antelope, can tial production ranges from $500 pounds per acre in be attracted by developing livestock watering facilities, favorable years to 1,800 pounds in unfavorable years. As managing livestock grazing, and reseeding where needed. range condition deteriorates, the sand bluestem, This soil has fair potential for u.aan deve'n7mera The switchgrass, sand reedgrass, sideoats grama, and little chief limiting soil features are the rapid permeability and bluestem decrease, forage production drops, and sand the susceptibility to soil blowing. Septic tank abs.:'ation sage increases. Undesirable weeds and annuals invade fields function properly, but in p`^es the sandy sub- and "blowout" conditions can occur as range condition stratum does not properly filter the leachate. Sewage becomes poorer. lagoons must be sealed. Once established, lawns, shr,hs, and trees grow well. Capability subclass Vie irrigated, Vie nonirrigated; Deep Sand range site. Tiffs 11ill 72—Vona loamy sand, 0 to :3 percent !lopes. This is a Management of vegetation on this soil should be based dray, somewhat excessively drained soil on plains and on taking half and leaving half of the total annual mashie- high terraces at elevations of 4,600 to 5,200 feet. It Lion. Seeding is desirable if the r ogre is in poor eon,'i'-iou. it,rued in eolian or alluvial deposits. Included in mapping Sand bluester, sand Teedgrass, swi tchgrass, . .d, ,,uu ;.re some e veled areas. Also included are sum!' areas of grama, blue grama, pubescent whoatt rays, and crested ;;oils that have a h:amy substratum and sonic areas of whcatgrass .are suitalile for seeding. The grass se!eet,r' :.oils that are noncalcareous to a depth of 60 inchec. should meet tie seasonal requirements o!. vestork. !' Typically the surface layer of this Vona soil is grayish should be drilled into a clea , firm sorghum stubble or brown. The upper 6 inches is loam- sand and the lower 6 prep. .-eti seedbed. Seeding early in spring has r mroven inches is fine sandy loam. The :. 'soil is brown and light most successful. yellowish brown fine sandy loam about 16 inches thick. Windbreaks and environmental plantings are fairly we!' The substratum to a depth of 60 inches is sandy loam. suited to this sod. Blowing :geld and !ow avoihible water Permeability is moderately rapid. Availab: water capacity are the principal hazards in establshing tree capacity is moderate. The effective rooting depth is r;0 and shrubs. The soil is so loose that trees should be inches or more. Surface runoff is slow, and the erosion planted in shallow furrows and vegetation P :wit: iried hazard is !ow, between the rows. Supplemental irrigation is moiled to In irrigated areas this soil is suited to the crops corn- insure survival. Trees that are bes' suited and have good tnonly grown in the area. Perennial grasses and alfalfa or survival are Rocky Mountain juniper, eastern redoedar, close grown crops should be grown at least ;i0 percent of ponderosa pine, and Sibenan elm. The shrubs best .anited the time. Contour ditches and corrugations can be used in are skunkbush sumac, lilac, and Siberian peashrub. irrigating close grown crops and pasture. Furrows, con- Wildlife is an important second:vy use of this soil. The tour furrows, and cross slope furrows arc suitable for row cropland areas provide favorable habitat for ring-necked crops. Sprinkler irrigation is also desirable. Keeping tit- pheasant and mourning dove. Many nongamr species can lage to a minimum and utilizing crop residue help to con- be attracted by es tab lishir.r areas nesting ; rid escape trol erosion. Maintaining fertility is important. Crops cover. For pheasants, and is Curbed nesting cover i4 la !- respond to applications of pito.-idioms and nitrogen. ial and should be included in plans for habitat t'.evcoi!r In nonurigated areas this soil is suited to winter wheat, merit, especially in areas of intensive agricultu-e.barley, and and sorghum. Most of the acreage is planted to land w!'mIlife, for example, the pronghorn ante' pq Ise winter wheat. The predicted average yield is 2(1 bushels attracted by developing livestock watering !af ';ties, per acre. The soil is summer fa'lowed in alternate years managing livestock grazing, and res eedir-" where nee': to allow moisture nccuni a'atiora. Generally precipitation is This toil Pus good potential for urban and recreational too low for beneficial use of fertilizer. development. Once -stab lisp ed, the lawns, shrubs, nJ Stubble mulch fanning, striperopping, and minimum til- trees grow well. The chief limiting soil feature is r- .o '.age are needed to control soil blowing and water erosion. rapid permeability in the substratum, which c: •!se r: a Terracing_also may be needed to control water erosion. hazard of ground water .contamination from sewage The potential -native vegetation on this range site is lagoons. In places recreational development is limits,' r,v dominated by sand bluestem, sand reedgrass, and blue the susceptibility to soil blowing. Capability grama. 'Need leandth read, switch grass, sideoats grama, irrigated, IVe lioni-Hgated; Sandy I"sins ranthe site. and western wheatgrass are also prominent. Potential production ranges from 2,200 pounds per acre in favora- ble years to 1,1100 pounds in unfavorable years. As range condition deteriorates, the sand bluestem, sand reedgrass, and switchgr:ass decrease and blue grarna, sand dropseed, an sand sagedncre:se. Annual weeds and grasses invade the site as !urge condition becomes poorer. 1 VIII 11 11 i 73—Vona loamy sand, 3 to 5 percent slopes. This is a Management of vegetation on this soil should be based deep, somewhat excessively drained soil on plains and On taking half and leaving half of the total annual produc- high terraces at elevations of 4,600 to 5,200 feet. It Lion. Seeding is desirable if the range is in poor condition. formed in eolian or alluvial deposits. Included in mapping Sand b!uestem, sand reedgrass, switcngrass, sit,oats are some leveled areas. Also included are small areas of grama, blue grama, pubescent wheatgrass, and crested soils that have a loamy substratum and some areas of wheatgrass are suitable for seeding. The grass selected soils that are nnncale areous to a depth of CO inchi•s, sho_uId meet the seasonal requirerncnts of livestock. rr, can TYPie:,rly the surface layer of this Vona soil is grayish be seeded into a clean, firm sorghum stubble, or it can h _ brown. The upper 6 inches is loamy sand and the lower 5 drilled into a firm prep red seedbed. :not ding early in inches is fine sandy loam. The subsoil is brown and light spring has proven most successful. yellowish brown fine sandy loam about 14 inches thick. Windbreaks and environmental plantings are fairly well_ The substratum to a depth of GO inches as sandy loam. suited to this soil. Blowing sand and 'ow avai 'a'n - water Permeability is moderately rapid. Availidil water capacity nr'e the pr:m: i; :ill/ :its in cstabli:;hiug tree:; capacity is moderate. The effective rooting depth is 60 and shrubs. The soil is so louse that trees shea'd he inches or more. Surface runoff is slow, and the erosion planted in shallow furrows and vegetation maintained hazard is low. between the rows. Sup-d'eme•ntal irrigation may be nearer This soil is suited to limited cropping. Intensive to insure survival. 'frees that are best suited and have PP K• good survival are Pocky Mountain juniper, western cropping is hazardous because of soil blowing. The redcedur, ponderosa pine, and Siberian elm. The shrubs cropping system should be limited to such close grown crops as a1fall'a, wheat, and barley. The soil is also suited nest suited are skunkbush sumac, lilac, and Siberian to irrigated pasture. A suitable cropping system is 3 to 4 peashrub. Wildlife is an important secondary use of this soil. The years of alfalfa followed by 2 years of corn and small cropland areas provide favorable habitat for ring-necked grail, and alfalfa seeded with a nurse crop. pheasant and mourning dove. Many nong me spne:ns can Closely spaced contour ditches or sprinklers can be be attracted by establishing areas for ,,eating acid eacarn'• used in irrigating close grown crops. Contour furrows or cover. For pheasants, undisturbed ne.s,Brig cover is -------Ii- -s; inklers should be used for -new crops. Application of tial and should be included in plans fur nubitat dec.•h,p- barnyard manure and commercial fertilizer helps to main- meat, especially in areas of intensive a{p'icuk- r 'lamb:- b.- Lain good prod action. land wildlife, for example, the pronghorn The potential native vegetation on this range site is attracted by developing livestock wxtr r fr.l �r dur.anated by sand bluest rr, wand reedgrass, and blue managing livestock grazing, and reseeding yy lit o. W-4!. grans. Neeriieandthread, switc}igrass, sideot.ts grama, This soil has good potential for urban and recr-aa'Hut] and western wheatgrass are also prominent. Potential development. Once established, the lawns, shrubs anti production ranges from 2,200 pounds per acre in tavora- trees grow well. The primary bmicing soil feature :s the ale years to 1,.500 pounds in _unfavorable years. As range rapid permeability in the substratum, which causes a condition deteriorates, the sand bluestem, sand reedgrass, hazard of ground water contamination from sewa,;r and switch grass, decrease and blue grama, sand dropseed, ' ,goons. In places recreational development is limited by arid sand sage increase. Annual weeds and grab:es invade the susceptibility to soil blowing. Capabr!ity subr'ass IVY the site as range condition becomes poorer. Irrigated, VIe nonirrig;.' cl; Sandy Plains range n;te. 11 i 22-076760-2 VA Fenn 2S-4384 (Nome Loan) Res. July 1974. Use Optional. Section 1810. Title 38. U.S.C. Acceptable to Federal National COLORADO Mortgage Association. DEED OF TRUST THIS INDENTURE,made this 13TH day of MARCH A. D. 1986 ,between DONALD D. GRAHAM AND JANETA K. GRAHAM ,whose address is17617 COLORADO HWY 52 FORT LUPTON, COLORADO 80621 ,County of WELD , State of Colorado,hereinafter referred to as the grantor, and the Public Trustee of County of WELD ,State of Colorado, hereinafter referred to-as the trustee, Witnesseth: Wnnns, the grantor has executed his certain promissory note,bearing even date herewith,payable totheorderof FIRST FEDERAL SAVINGS BANK OF COLORADO whose present-address is 215 SO WADSWORTH BLVD. , LAKEWOOD, COLORADO 8022-6 ,hereinafter referred to as the beneficiary,for the principal sum of NINETY FIVE THOUSAND AND NO/100 Dollars ($ 95000.-00 ), with interest at the-rate of NINE AND ONE HALF per centum ( 9.5 %) per annum until paid, payable in monthly installments of SEVEN HUNDRED NINETY EIGHT AND 81/100 Dollars ($ 798.-81 ), commencing on-the first day of MAy , 19 86 , and continuing on thefirstday of each month thereafter until thesaid note is fully_paid, except that, if not sooner paid, the final payment of principal and interest shall be due and payable on the first day of APRIL ,2016 . Saidprincipal sum, together with interest thereon, -and other payments provided to be made under the terms of this indenture, are hereinafter referred-to as the indebtedness; �� /J AND WHEREAS,the grantor is desirous not only-of `tcilr 'g-the'prompt payment of the indebtedness, but also of effectively securing and indemnifying th a blor or on account of any assignment, endorsement, insurance or guarantee of the indebtedn , Now, THEREFORE,-the grantor, in consideration of the premises, and for the purposes aforesaid, has granted, bargained, sold, and conveyed, and does herebygrant, bargain, sell,and convey unto the trustee, in trust forever, all the following described property situate in the County of WELD ,andState of Colorado,to wit: THE W1 OF THE NE1 OF SECTION 1, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M. COUNTY OF WELD, STATE OF COLORADO. ALSO KNOWN AS: 17617 COLORADO HWY 52, FORT LUPTON, COLORADO 80621 together with the improvements and appurtenances thereuntobelonging$nd all-fixtures now or hereafter attached-to or used in connection with the premises herein described;and in addition thereto the following described household appliances, which are,and shall be deemed to-be, fixtures and a part of the realty and are a portion of the securityfor the indebtedness herein mentioned: 10. The lien of this instrument shall remain in full force and effect during any postponement or -extension of the time of payment of the indebtedness or any part thereof secured hereby. 11. In case of default, whereby the right of foreclosure occurs hereunder, the beneficiary, or the holder of the indebtedness or certificate of sale, shall at once become entitled to the possession, use and enjoyment of the property aforesaid, and to the rents, issues and profits thereof, from the accruing of such right and during the pendency of foreclosure proceedings and the period of redemption, if any there be. Such possession, use, enjoyment, rents, issues and profits shall at_once be delivered to the beneficiary or the holder of the indebtedness or certificate of sale on request. On refusal, the delivery of such posses- sion may be enforced by the party entitled thereto by any appropriate civil suit or proceedings, and such party shall be entitled to a Receiver for said property, and of the rents, issues and profits thereof, after -any such default, including the time covered by foreclosure proceedings and the period of redemption, if any there be. Such entitlement shall exist as a matter of right without regard to the solvency or insol- vency of the grantor or of the then owner of said property and without regard to the value of the property. Such Receiver may be appointed by any court of competent jurisdiction upon ex parte application, notice thereof being hereby expressly waived, and the appointment of any such Receiver,on any such application with or without notice, is hereby consented to. All rents, issues and profits, income and revenue of said property shall be applied by such Receiver according to law and the orders and directions of the court. 12. Grantor waives notice of the exercise of any option granted herein,or in the note secured hereby. If the indebtedness secured hereby be guaranteed or insured under Title 38, United States Code, such Title and Regulations issued thereunder and in effect on the date hereof shall govern the rights, duties and liabilities of the parties hereto, and any provisions of this or other instruments executed in connection with said indebtedness which are inconsistent with said Title or Regulations are hereby amended to conform thereto. The covenants herein contained shall bind, and the benefits and advantages shall inure to,the respec- tive heirs, executors, administrators, successors and assigns of the parties hereto. Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders, and the term "beneficiary" shall include any payee of the indebtedness hereby secured or any transferee thereof whether by operation of law or otherwi /, .C---.7.)C\ IN WITNESS WHEREOF, the grantor has hereunto set his hand anil,\Cl ' day d year first hereinbefore written. Signed, sealed and delivered in the presence of --_____ ___—__— [SEAT.] DONALD D. GRAHAM -- — — — [SEAL] JANETA K. GRAHAM _---__ [aFAT] STATE OF COLORADO as: COUNTY OF ADAMS The foregoing instrument was acknowledged before me this 13TH day of MARCH 19 86 ,by DONALD D. GRAHAM AND JANETA K. GRAHAM WITNESS my hand and official seal. My commission expires 2-5-90 1001 BRIDGE ST. --------------- ------------- [SEAL] BRIGHTON, CO Notary Public. -RETURN TO: First Federal Savings P.O. Box 17028 TA Donver Color o 7 ,,, . I a Iti Y Ilt a c = ; o I0 0 4 E. 4 o •» I a •d i; D w o u d A w A w F" .0 •C a 17 „t " a b iil.44 cg gc co O W 2' F Cr O m 6 Pe e. E-' a ~ m a e E I ''. o .m a I W h -1 IMPROVEMENT SURVEY • �, Anvae wig , —_ -- � /, Ti�v,P�-✓�1✓ --- —/320- -- ----- --- — \� -:�'.Yc./ 4.47.-eiTi.v�/�.avca Stet rr pw�B 7.g.i is \.9 ultra Sru.PR.A - �� Sae ago,f.SCC ,7 �� i / BmK o67�i SO7K[&rL..,46refor) *f �/f.v. 7k. / 2)i,REcsNE.E,.ar-e i AQO 1✓.-Ae.t4WNgIE ti 7-/A./ .96G IV .l am �.;�E- (a/� , n n, my 7/3 �eP�/ 349leAB� vvr..9lvSBQ--4-747..E e) I`�V (do�ca.#t%r Se'Lr en 11 -40 ic/OT/c.CS K2a19NT C/1��S)9-/,T-/ar a)� aan-iv,.v.QED_- 41 �E1fer, 949 AQcce.'/B7o 705 T\`?�i. 1.��.vi4wvcace-Crsrrpv- 0) C/.Q,E;.9- tf4'. 999,Q.er.P'°'67/eb4 : Se.9s?J�,er�*j-efloef XI e) )44 - .Ewsa.- Q \ $.r. 9.90 A&e */9/975-7 n1 �� AAgsseic.,v.�ro,�,t - /e.- 4 -.$K. .0s7 Aim'? 'r/9,/8/O 'ex. /011/,/flee /97976g *I "I N I 1 N��7 ` (.1 ��Il7 )2_/J2 • el �QQQK(.,, 10 I Ifr /mPPo V,Eil7.F t/J3- `l`7 70••• ,av >ar Tc<P.rty✓cj '11 saa..4' G5�...-�oT2.✓aeon..? ,.eny!*/95,925/ — L...=_ ..r .?9.•_,� =l Gaza. ,Sr lr.E Aisn(se t__ /320. _ _cw6-7t a�✓� `sr�Ana Po.w.gaveT/.t' 'c c ' nom / 4..6-0,, ,a----. / T/ti!,24.44./. `"��\tt w Illllllffflyyiri• el- �r�'�Yi.�A�Ct~y�,9�0 l.t//,ii2..C .o4/fir7 .v-E.E e, 2 �� : DISTRIBUTION OF PRINTS = 23027 1 -f= DATE NO =W` TO WHOM SEAL y C. test IL40� IMPROVEMENT LOCATION CERTIFICATE I hereby certify that this improvement location certificate was prepared for> tr <.Git"L'J.?i L..avirV,S.ea.Vie and that it is not a land survey plat or improvement survey plat, and that it is not to be relied upon for the establishment of fence, building, or ther future improvement lines. I further certify that the improvements on the following described parcel on this date, !r/,SPC{/2/9B, except utility connec ions, are entirely within the boundaries of the parcel, except as shown, that there are no encroachments upon the described pr mises by improvements on any adjoining premises, except as indicated, and that there is no apparent evidence or sign of any a sement crossing or burdening any part of said parcel, except as noted. LEGAL DESC IPTION: Field Book_.442 ✓.E,r'T !AGE-_ ,e4 Li _ Page ' 7 c� - "._tear; Sr _-CP�t/�9.4TE-o File No. /-/NG- /n!jf ,,..--.1S/ /C• _ "_7y1/�L" >-!Q__es s - _-C COI-4/ -y Co s.--� '- DC C G. Date: .'Y7i?-Cci-; j-', 7 g co c An II so HI cii LL <cc -rsi ilaiH ,a r. a a cn i11 1 8 cn t)y c..) a o '� 8 z o u7 W a> P'. ON : �-I O L, ru ¢ co to G O O _ ` , cn N Ln V 0 Q N I-4 o . .� H O V _ lit y ¢ w'_ w •H H O f-1 _ r CI 0 oz 0 H off o '- i , U vi a # 3*ra+M rg IR F .4o aHwa. 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