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HomeMy WebLinkAbout881219.tiff 1 �l►�11► t 1 l 11 ii 11 y {}I h i I W O ! 4 l j�!lg?' ! jt 11 i�r" i�•r I) y Q w 1111 Iiii OW r 1115. s�iI `lii I 1 Si. 3 ' Y1.AYY.Y...�1 r 41 MI II 111 ...... .> ri 1 i 1 �] _ !A cif;i1Ir • of '] j ,_•S I. i 1 'i=IIIII 1;I 11f 1174 I i 1 al 1 :i a1 1,1;1IIII;l i t f ;6; 7i ! 0; I lt;alibi II li -;I i ill CV @-a 'lx$ �] it ' 11-i, 1.1•=i: e► '.3= 1 ! it !Pei a�iiila EII II c 1 " 11 i1.931 ' W It€ 1 i?!!i - 1 11 I; I2 i ;I' °-!i I,I. I IIi T!!ir f 13!1' le a 111 1i3111i1 !•1 W Iii _ [ !f, 21.1141;1 !; III ! GuTI = 111� if EI �! � iil�: . _� F 1 si i 10 ' i.ti 3 11 ! J! FY 3114 illiiiI I�id ici3, l 'ill J . E i!.I ! il ' i I: I ''1� l 7sii;i I i ' 01O Q ! I! 1 = ;-fii i3 13' e►. ► 11II�� liZIA.11 e,ri U 1 1 i, j ihi=� ; i II Iii tii ..,-!it iE11iT: .. 1 tot= W S 1 I 41111ii �f i 3. IIE Iii IIat]t ilsI. :i au 1 Tr 1 , U ta . m 1 71 ' r°'r I. ( 3 3 �ML9 N I 1— o \. 43,4_11., I ! ; � � n Ul I I Y '�1066►� / I 11 . Y. " -‘ `___I, ix I 11 i~ \.,\en /f)l ! I 3 i 1 �� 1 ,\ "" 0 it l ._ : VT\ Fli 41 g � ; � �,/ 11 II 4445411 S ! e f ll T__ ALI W .esass3.ao f y ] NO2�OtlO A1NA03 tfl3AI j 1 z I • $Q IzI°I - .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR SINGLE-FAMILY DWELLING ON A PARCEL OF LAND LESS THAN THE MINIMUM LOT SIZE REQUIREMENT IN THE A (AGRICULTURAL) ZONE DISTRICT - CLARK E. SCHROCK AND DOROTHY SCHROCK, TRUSTEES OF THE GLADYS S . CAVANAUGH TRUST 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 28th day of December, 1988 , at the hour of 10 : 00 a.m. in the Chambers of the Board for the purpose of hearing the application of Clark E. Schrock and Dorothy Schrock, Trustees of the Gladys S. Cavanaugh Trust, 3790 South Huron, Englewood, Colorado 80110 , for a Site Specific Development Plan and Special Review Permit for a single-family dwelling on a parcel of land less than the minimum lot size requirement in the A (Agricultural ) Zone District on the following described real estate, to-wit: Part of the Si Si NW} , Section 14 , Township 1 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicants were represented by John Kinkade, Attorney, and WHEREAS, Section 24 .4 .2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicants 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: 14.035,3 881219 Page 2 RE: USR - CAVANAUGH TRUST a. The proposal is located within the urban growth boundary area of the Town of Fort Lupton and is consistent with the Weld County Comprehensive Plan ' s Urban Growth Boundary Goals and Policies. The Town of Fort Lupton ' s Planning and Zoning Coordinator reviewed the proposal and in a memo dated November 29 , 1988 , indicated no conflict with the Town' s interests. b. The proposal is consistent with the intent of the Agricultural Zone District. The property will be used as a single-family home site and the balance of the property will be used for dryland pasture. c. The uses permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the Weld County Comprehensive Plan. The average parcel size in this section is 58 . 09 acres, more or less. Uses in the surrounding area consist of dryland pasture and row crops. No objections have been submitted by surrounding property owners. d. The area is not affected by overlay districts. e. Special Review Permit Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BF IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for a single-family dwelling on a parcel of land less than the minimum lot size requirement in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions : 1 . The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the office of the Weld County Clerk and Recorder within 15 days of approval by the Board of County Commissioners. 2 . The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until a Special Review plat is ready to be 881219 Page 3 RE: USR - CAVANAUGH TRUST recorded in the office of the Weld County Clerk and Recorder. 3 . A Weld County Septic Permit shall be required for the proposed home septic system and it shall be installed according to the Weld County Individual Sewage Disposal Regulations. 4 . Prior to recording the Special Review Permit plat, a note shall be placed on it to read: Prior to any building permits being released on the Special Review site the owner/applicant shall submit a copy of a soil conservation plan, approved by the Platte Valley Soil Conservation District, to the Department of Planning Services. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of December, A.D. , 1988 . 1 Li BOARD OF COUNTY COMMISSIONERS ATTEST: /'"}mf mf `~ 1 1 � :) WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board Gene R. Brantner, Chairman / -7/1 BY: ') yy�yyc<t' ( , Lc��c.Q/ C.W. Kirby,e Pro em Deputy County erk APPROVED A TO FORM: ue h n God on L cy ounty Attorney '•' � f ��' Frank%mag€chi 881219 DEVELOPMENT STANDARDS Clark E. and Dorothy Schrock Trustees of the Gladys S . Cavanaugh Trust USR-867 1 . The Site Specific Development Plan and Special Review Permit is for a single family dwelling on a parcel of land less than the minimum lot size in the Agricultural Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2 . Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 , C.R.S. , as amended. 3 . The soil conservation plan shall be maintained on the property. 4 . All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 5 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24 .5 of the Weld County Zoning Ordinance. 6 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 . 6 of the Weld County Zoning Ordinance. 7 . Personnel from the Weld County Health Department, Fort Lupton Fire Protection District, and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 8 . The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development 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 Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 881219 Page 2 DEVELOPMENT STANDARDS - SCHROCK 9 . The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners . 881219 PUBLIC NOTICE The Board of County Commissioners of Weld County, Colorado, on December 28, 1988, conditionally approved a Site Specific Development Plan and a Special Review Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Clark E. Schrock and Dorothy Schrock Trustees of the Gladys S. Cavanaugh Trust 3790 South Huron Englewood, Colorado 80110 LEGAL DESCRIPTION: Part of the Si Si NW} of Section 14, Township 1 North, Range 67 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Single—family dwelling on a parcel of land less than the minimum lot size requirement in the A (Agricultural) Zone District SIZE OF PARCEL: 39.7 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy PUBLISHED: January 4, 1989, in the Platteville Herald 881219 Affidavit of Publication r STATE OF COLORADO County of Weld ss. IA.Winkle said County of Weld being duly sworn,say that I am publisher of PLATTEVILLE HERALD that. the same is a weekly newspaper of general circulation was printed and published in the town of PLATTEVILLE PUBLIC NOTICE In said county and state that the notice of advertisement.of which The Board of the annexed is a true copy has been published in said weekly Weld County Commissioners of newspaper for 28.1 County.Colorado.on December criminate/ailerons!Man a Site /1SPadRc Development Plan and a V ....-4 consecutive weeks: Special Review Permit for below. Con- !! that the notice was published In the regular and entire issue of and perinea described Con- number of said during every ditwnl approval of this plan creates a newspaper the period and time of supplement vested property right pursuant to An4 ion of said notice and in the newspaper proper and not in a supplement de 68 of the Title 24,C.RS.,as amend- thereof:that the first publication of said notice was contained in the ed,for a period of three sears. issue of said newspaper bearing the date of APPLICANT: Clark E. Schrock and �1 A.D..19Fii and the last publication G Dorothy Schrori, Trustees of the W Lis the f said news Gladys S.Cavanaugh Trust,3790 South `/� papa.bearing date. Huron,Englewood Colorado sotto the 7 day of LEGAL DESCRIPTION:Part of the Sl SN NWY.of Section 14, TownsNp 1 North,Ranee 67 West of the 6th P.M., 19:F, that the saiWeld County,,Colorado 'J PLATTEVILLE HERALD TYPE AND INTENSITY OF APPROVED USE:SInele4amiy demini w on a pal has been published continuously and uninterruptedly of land less than the minimum lot size during e6 the requirement In the A(Agricultural)Zone period of at least fifty-two consecutive weeks next prior to the first District issue thereof containing said notice or advertisement above refereed to: and that said newspaper was at the time of each of the SIZE OF PARCEL:39.7 acres,more or publications of said notice duly qualified for that purpose within the less meaning of an act entitled. "An Act Concerning Legal Notices. Failure to abide by the terms and coeds Advertisements and Publications and the Fees of Printers and (inns of approval will resat in a Publishers thereof and to Repeal all Acts and P of Acts forfeiture of the vested Property net. Conflict the "• - ons of this Act" .. ...1 7. : 1. - all am..d ea erect end part! S.. dud b = . act BOARD OF and an !� . :• COUNTY COMMISSIONERS e .- .. y/ / Ma 13. WELD COUNTY,COLORADO l/ BY:MARYANN FEUERSTEIN Publisher COUNTY CLERK AND RECORDER AND ca To rue BOARD Subscribed and sworn to }�e..fore me thfaday of BY:Mary Real.Deputy ( / A D. 19i, PUBLISHED In ths Pla18tM6e Harald\� January 4.198➢. ) 'AA�^', Notary Public FORT UPTON PfC33 a 415 Denver Ave. Fort Lupton,CO 80621 My commission expires June 1992 My Commission expires June 30, 1992 • • 881219 HEARING CERTIFICATION DOCKET NO. 88-79 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A SINGLE-FAMILY DWELLING ON A PARCEL OF LAND LESS THAN THE MINIMUM LOT SIZE REQUIREMENT IN THE A (AGRICULTURAL) ZONE DISTRICT - CLARK E. SCHROCK AND DOROTHY SCHROCK, TRUSTEES OF THE GLADYS S. CAVANAUGH TRUST A public hearing was conducted on December 28, 1988, at 10:00 A.M. , with the following present: Commissioner Gene Brantner, Chairman - Excused Commissioner C.W. Kirby, Pro—Tem Commissioner Jacqueline Johnson Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Lanell Curry The following business was transacted: I hereby certify that pursuant to a notice dated November 23, 1988, and duly published December 14, 1988, in the Platteville Herald, a public hearing was conducted to consider the request of Clark E. Schrock and Dorothy Schrock, Trustees of the Gladys S. Cavanaugh Trust, for a Site Specific Development Plan and Special Review Permit for a single-family dwelling on a parcel of land less than the minimum lot size requirement in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this matter of record. John Kinkade, Attorney, came forward to represent the applicant. He said there is a contract on this property, and the purchaser, who wishes to build a residence, is satisfied with the proposed Conditions and Development Standards. Lanell Curry, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record of this hearing. No public comment was offered concerning this request. Commissioner Johnson moved to approve this Site Specific Development Plan and Special Review Permit, subject to the Conditions and Development Standards contained in the Planning Commission's recommendation. Commissioner Lacy seconded the motion and it carried unanimously. This Certification was approved on the 4th day of January, 1989. APPROVED:172(P�, u,f,K?. u �.� BOARD OF COUNTY COMMISSIONERS ATTEST: { WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board / Gene R. Brantner, Chairman By: ` / � /i/F I- Deputy County Cle k C.W. Kirby, P —Tem fac ueli J n TAPE #88-62 Go . cy DOCKET #88-79 fie, PL0353 Frank Yi[magudhi 881219 ATTENDANCE RECORD PLEASE write or print legibly your name , address and the name of the applicant or Docket # for the hearing you are attending. TODAY' S HEARINGS ARE AS FOLLOWS: DECEMBER 28, 1988 DOCKET # 88-79 USR-SINGLE-FAMILY DWELLING ON LOT LESS THAN MINIMUM LOT SIZE-CLARK E. & DOROTHY SCHROCK, TRUSTEES OF GLADYS S. CAVANAUGH TRUST DOCKET # 88-81 USR-OIL & GAS SUPPORT & SERVICE FACILITY IN A (AGRICULTURAL) ZONE DISTRICT- SNYDER OIL COMPANY, DBA ROGGEN GAS PROCESSING COMPANY DOCKET # Nn F ADDRESS HEARING ATTENDING ,i 22z 6,,,y1/44,, /4/ / //l► /9t'e' tia, 5 < 4 i.,,/` Q-0Av:; `1 ('1 C"C L�l� i y�f/�./o c ' IL Q , ,, ":*�"1 1INO l )lllt (kfll` r�_ i� ikil rt-te-r q/�; --c,C, ci mss, r S ,iG -7 ,9-3,1,, r' 11 ) , �,, ,f .-.(5/1)106 : ,% 7 d� 7741 nv,117 I 1i�f �427 J'/15-2 ei6 ze? . 881219 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 Site Specific Development Plan and Special Review Permit 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 certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 88-79 Clark E. Schrock and Dorothy Schrock Trustees of the Gladys S. Cavanaugh Trust 3790 South Huron Englewood, Colorado 80110 DATE: December 28, 1988 TIME: 10:00 A.M. REQUEST: Site Specific Development Plan and Special Review Permit - Single- family dwelling on a parcel of land less than the minimum lot size requirement in the A (Agricultural) Zone District LEGAL DESCRIPTION: Part of the Si Si NWi of Section 14, Township 1 North, Range 67 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2 miles west southwest of Fort Lupton; each of Weld County Road 21 and north of Weld County Road 8 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: November 23, 1988 PUBLISHED: December 14, 1988, in the Platteville Herald 881219 EXfii/1T f Affidavit of Publication STATE OF COLORADO County of Weld ss. I A.Winkler Riegel of said County of Weld being duly sworn,say that I am publisher of PLATTEVILLE HERALD that. the same is-a weekly newspaper of general circulation was printed and published in the town of Page 10 S-3 December 14, 1988 PLATTEVILLE NOTICE hrock in said county and state that the notice of advertisement.of which and Dorothy Cavanaugh Tiust the annexed is a true copy has been PureueM te the arming knee elMates@ of Ow published In said weekly the Stet* of Colorado end the Gladys S.3790 Sou h That newspaper for Huron Weld County Zoning be SMOnfhwece, • Englewood, Colorado 80110 It.:0 L I public hewing will held In to consecutive weeks: climbers of the Board el CountY DATE: December 28, 1988 that the notice was published W the regular and entire issue of every Colorado,Co eel WeldCounty, TIME: 1000 A.Y. number of said news d thep ni. Weld County newspaper ap period not a supplement G..t, i tinter, Gu 10th REQUEST:opuan Site Specific of said notice and in the newspaper proper and not in a supplement Stmt, First Floor, O n a•y, thereof:that the first publication of said notice was contained in the Colorado, at t time specified. RevReviewwrrre r Pion Sin spew newspaper bearingpersons in any manner biter- unman Permit - ni ins issue of said the date of AN ic ' nun m an a mew a lead inn ,{ D•vollisted in the Site SpSpatial ' mss me minimum the (Ai an re. �N'A.D..19 if and the last publication Review Pe Pier and requested to aons Dis in IM A (Agricultural) thereof,in the issue of said newspaper,bearing date. OMnd and t be hI l0 less ALb DESCRIPTION: ,/ ntwy LEO A2 NWti Pert of t day of interested l e �PPaio er any the T 1I2wi neg NW tth of Section the ClintMaio 10 PM' le, of the 1 North, Rang.Weld rt( Ina reared of e rat c.fln te hi o- West of 6th P.k, W91d I srs, that the said tote of lial fie' ~ isEt' County, Colorado ton to the toped n e which LOCATION:southwest 2 t e Ci kept flouts ut Officel!rillik mils@ wet ofWhwa of Ford the Ciotti t the et a l* c.- Lupton;sect of Weld Weld Rood PLATTEVILLE HERALD ssn he mnuera fetal*INI w oar- 21 and north of wan County has been published continuously and uninterruptedly during the tilled court reporters hr the area. Rood e period of at least fifty-two consecutive weeks next prior to the first IfC e coot reporter ' obtained, the issue thereof containing said notice or advertisement above referred b e Soloed 1M Cents O *u shell BOARD COUNTS to: atb et M writing of stern ea UN , COCOMMISSIONERS and that of d newspaper was ed the time of each the lion h cost days pia to the WELD COUNTY, COLORADO meaningpublicationsof of said notice duly qualified for that purpose within the hearing. The of engaging • meaning of an act entitled. "An Mt Concerning Legal Notices, court reporter shall be home by BY: MARY ANN FEUERSTEIN Advertisements and Publications and the Fees of Printers and the requesting party. COUNTY CLERK Publishers thereof, and to Repeal all Actsand Parts of Acts in BE IT ALSO KNOWN that the AND RECORDER Conflict with the Provisions of this test and maps so certified by the AND CLERK TO THE BOARD " .1. - Weld County Planning all '��r //s/',.�','r' .. PPro and approved. �l .G! pan ti ar fide by , ea Commission n may be en:mined in BY:Wry RsiN, Deputy 1 1931. the office of the en: to the Booed of County Commissioners, p DATED: November 23, 1 W6 y ysf located In the We ld County Centennial a Center. 1Nh Published In -the Plwliwllle er Csnten Z Street, Third Fleet, Sreeley, Honed, December 14, 19N. Su���ysc�r�ibed tend sworn to 1bectfbre me this�day of Col �"'rx. . 1 f- A.D. 19 ri DOCKET NO. Y-7* /1 (� MpYCAMi (-----0-Y1"--1s- rAl`�L'�Ljy,',�,`^�) Clerk E. MNsh Notary Public iv)Ni I-Wi d DOM% • '.Inver Ave. =,.t!.. 2 ors, CO80621 My commission expires June 1992 My Commission expires June 30, 1992 881219 AFFIDAVIT OF PUBLICA ZION I ' as , .� State of Colorado County of Boulder I, Dean G. Lehman ,do solemnly swear that the LONGMONT DAILY TIMES CALL is a daily newspaper printed, in whole or in part, and published in the City of Longmont, County of Boulder, State of Colorado, and which has general circulation therein and in parts of Boulder and Weld Counties; that said newspaper has been continuously and uninterruptedly published for a period of more than six months NOTICE next prior to the first publication of the annexed legal notice of Pursuant to the zoning laws of the State of Colo- rado and the Weld County Zoning Ordinance,a advertisement, that said newspaper has been admitted to the public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, United States mails as second-class matter under the provisions Colorado, Weld County Centennial Center, 915 10th Street,First Floor,Greeley,Colorado,at the of the Act of March 3, 1879, or any amendments thereof, and that time specified.All persons In any manner inter- ested in the Site Specific Development Plan and said newspaper is a daily newspaper duly qualified for Special Review Permit are requested to attend and maybe heard. publishing legal notices and advertisements within the meaning - Shoulddhe applicant or any Interested party de- sire the presence of a court reporter to make a of the laws of the State of Colorado;that a copy of each number of recoreof the proceedings,In addition to the taped record which will be kept during the hearing,the said newspaper, in which said notice of advertisement was Clerk to the Board's Office can be contacted for a Ilst of certified court reporters in the area. If a published, was transmitted by mail or carrier to each of the court reporter is obtained,-the Clerk to the Board's Office shall be advised in writing of such subscribers of said newspaper, according to the accustomed action at least five days prior to the hearing.The mode of business in this office. cost o engaging a court reporter shoo be borne by the ALSO SOsKng W party. BE IT KNOWN county lant and om so m by the inld in they PNnofnhe Clerk That the annexed legal notice or advertisement was published the Board off eCounty Commiissiionmt to ated in the-W9/dktounty Centennial Center, 915.10th regular and entire edition of said daily newspaper once; Street,Third Floor,Greeley,Colorado. in the gpylgEr NO.88-79 • APPLICANT and that one publication of said notice was in the issue of said CTrusteark e*or E. Schrock h1 Gladys nS. Dorothy Schrock Cavanaugh Trust C newspaper dated December 9 , 19 88. Englewood,Colorado 0 d, 80110 DATE: December 29,-0998 TIME:. T: A.M. REQUESST: Site Development erm -Plan and Special Review Permit a Single, nd less family the ng i on s parcel z less than i the minimum i size l) re- quirement n in the A (Agricultural) Zone District LEGAL DESCRIPTION: 444 ,, Pert 1 the Slh NW4a of Section Town- ship 1 North, Range 67 West of the 6th P.M., Weld County,Colorado General Manager LOCATION: Approximately 2 miles west south- west of Fort Lupton; each of Weld County Road 21 and north of Wld County Read 8 Subscribed and sworn to before me this 9th BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO day of December ,19 88 BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD \--\\P@�e JDiv s. k \\o r\NkreAc m'S BY: Mary Reiff,Deputy DATED:.November 23,1988 Notary Public Published in the Daily Times-Call, Longmont, Colo.,Dec.9,1988. FEE$ 29.50 \\ MT COMMISSION EN pmes ME4NiFO 35°TEi. 5 :Spa HNA6MVNrSLONGM 850 TERRY gr. J\ OLORn �NgpM Pc 831219 Affidavit of Publication Decor / NOTICE pudumi'se is tenure.law- el the SMS8 of Credo end the ... Weld Cary Ztmind OSMance, a STATE OF COLORADO public h e Mil be held in the Coun oFWeld ss. Clambers el the Boma-el County • Cmnmledenere of Weld County, cCeolorade, Weld. . County 9 10th I A.Winkler Riedel of said County of Weld being duly sworn.say Sat, First�Fl Center, Glre ei s y, that I am publisher of Colorado, at the time specified. FORT LUPTUN PRESS All persona In my manner inter. sated in the Site Specific that, the same e a weekly newspaper of general circulation was Revi w Permit rot Plan and Specie! Review ritt to printed and published in the town of attend end maybe rd. LUPTUN Ill- FORTShoWmeapghmrd'mry Wrested party desire doe pres- in said county and state that the notice of advertisement,of which °fiee el e eoud reverter to arch a the annexed e a true copy has been published in said weekly- record ol aped record in ic- newspaper for dmw to the toped n.. which win be kept during me hearing, tie Clerk te the Be.1S Ollie* (uJv.J.-o consecutive weeks: urn haereerd far Beet et cer- tified e. that the notice was published in the regular and entire issue of every .came amerepan s bt the obtained, tth Hamad Hurl Wiener a the number of said newspaper during the period and time of publication Clark le lire BoardL Office shall of said notice and in the newspaper proper and not in a supplement be edveed"A writing of such se- thereof:that the first publication of said notice was contained in the den et is lye re pier to the Issue of said newspaper bearing the date of : Imu1pF The ewe at engaging • r ;steel wpm:Ye shell be' borne by 10.2.9.1--wit-Ai Pi A-D--190 and the last publication ss R ALSO KNOWN KN that the thereof.In the issue of said newspaper,bearing date, text eat mope so minified by the Weld county Planning the !_t day of Canadaelen may be examined In A t e the ernes the mmlCler to rthte 19 f� that the said Beard of inC tae Commissioners, located in Center, er, County Stern MM 116 1Dto Street, Third Floor, Greeley, FORT LUPTUN PRESS Colorado. has been published continuously and uninterruptedly during the DOCKET NO. 88.7a period of at least fifty-two consecutive weeks next prior to the first issue thereof containing said notice or advertisement above referred APPLICANT to: and that said newspaper was at the time of each of the - Gem E. Schrock end publications of said notice duly qualified for that purpose within the Dorothy Sc . ' nfrock Trustees the of the meaning of an act entitled, "An Act Concerning Legal-Notices, Gladys S. Ceirensugh Tact • Advertisements and Publications and the Fees of Printers and S700 S0 South South Huron Publishers thereof, and to Repeal all Acts and Parts of Acts In Englewood, Colorado 80110 Conflict with the ons of this Act"a 1921 and all am en 9reof' and pary am de de by act DATE: December ga, 19N app 1 1931. .�pc.7,e�nd/an / REOUEST:TIME: MAO A.Y. (, �•`/1/{w'�//',"^ Spnif lc Development Plan Site and Special Pu Usher Review Permit - Single-family dwelling on a parcel of land lees Su cAbed and sworn to before me this C day of than the minimum lot size re- quirement D 191'r JS guIrement a the A (Agriculturel) Zone Decoct LEGAL DESCRIPTION: Part of the S S ES RI He of�P of Notary Public 16 T •• r'ryetd AreettliFORT alp TON P �erKaa.r . i�«t 415 fienVer AVG. b *WI Ctas Fat Luton,GO 80821 mom futlri .1 Weed ' BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO My commission expires June 1992 BY:WRY ANN FEUERSTEIN COUNTY My Commissro AND n expires June 30, 1992 RECORDER CLERK CBOARD AND CLERK TO THE BOARD BY:Yaty Reiff, Deputy DATED:ileveatbr 2E tOSS Prat M we Pen Labia haea, NMtN16r 14, n, ..-..e.J as AN L, I..rvi..3 •881219 & Vii; £ 0E022J988 a ^- -;a1 -04 :1 a / A einadgeb..64tr:c ,rie,69n v #eay )zitx, ette 7. J, e)> a/ !!u//i . 1 % , G�/// &'Sea ild )-2-x€9-oted, Sde_., -„a27-t, c/ �G �26L0_.Q.[.6-"4,0 Alt°it / t elA %2.,.�er 4* a_i_seki. 6, .--40.4.6., a_te.-e- � ,G7�(��^��=P C/r-� ,-;fre,, a . ✓i/ f� GZ' 4I d7 .� 4 4z,o t ir `; 3C47.4.--ki ca-kz10 4 (S rig- 7 frilecoQd.,.kem%A7z7yri tifdtaltaLetta-atee-- fril,zezi/te-e-- A /LTxhve„ x, 85767/ 7 * * *- k :Ti * * yy * \el_c,":7n . - i . U O� Z f A 1 2 s C.J Ar V 13 U o ca W E; o J °' O ill o W TS, L. LU a v V S. a `m v LL 7 el ID NS a -C nfi '�, UJ r \ Planning Commission Summary December 20, 1988 Page 2 The Chairman asked the applicant if the recommendation, conditions, and Development Standards set forth by the Department of Planning Services' staff had been reviewed . Fe stated they have and the applicant' s operation will conform with the conditions and Development Standards. The Chairman asked that these items be filed with the summary as a permanent recora of the meeting. NOTION: LeAnn Reid moved Case Number USR-866 for Windsor Gas Processing (Oilcom Corporation) , for a site specific development and service plan and facility in the special review permit for an oil and gas support (Agricultural) zone district be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation, conditions, and Development Standards presented by the Department cf Planning Services' staff and the testimony heard by the Planning Commission. Motion seconded by Jerry Burnett. 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 yes;— ng Commission for the decision. Ann Garrison R—Keiferyes; Jeyes;rry Ross Burnett s LeAnn - yes. Reid - yes; Rick Iverson - yes; Jerry Motion carried unanimously. .:1?/ '/ CASE NUMBER: USR-867 APPLICANT: Clark E. and Dorothy Schrock, Trustees of the Gladys S. Cavanaugh Trust REQUEST: Site Specific Development Plan and a Special Review permit for a single family dwelling on a parcel less than the minimum lot size requirement in the A (Agricultural) zone Section 14, TIN, I67W of the district LEGAL DESCRIPTION: Part of the Si Si 6th P.M. , Weld County, Colorado LOCATION: Approximately 2 miles west southwest of Fort Lupton; east of Weld County Road 21 and north of Weld County Road 8 APPEARANCE: John Kenkade, Attorney, represented the applicant. This request is for a single family dwelling to be placed on a parcel of land less than the minimum lot size required in the A (Agricultural) zone district. The Chairman called for discussion from the audience. There was none. 881219 JTx/i/ni 7 Planning Commission Summary December 20, 1988 Page 3 The Chairman asked Mr. Kenkade if the recommendation, conditions, and Development Standards set forth by the Department of Planning Services' staff had been reviewed. He stated they have, and they agree to operate within these guidelines. The Chairman asked these items be filed with the summary as a permanent record of this hearing. MOTION: Ann Garrison moved Case Number USR-867 for Clark E. and Dorothy Schrock, Trustees of the Gladys S. Cavanaugh Trust, for a Site Specific Development Plan and a Special Review permit for a single family dwelling on a parcel less than the minimum lot size requirement in the A (Agricultural) zone district be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation, conditions, and Development Standards presented by the taff and te testimony heard by the Planning Commission. Motion. seconded by Rick Iversen. The Chairman called for discussion from the members of the Flanning commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ann Garrison - yes; Jerry Burnett - yes; LeAnn Reid - yes; Rick Iverson - yes; Jerry Kiefer - yes; Ernie Ross - yes. Motion carried unanimously. The meeting was adjourned at 2:00 p.m. Respectfully submitted 410-77d-'' th1 Danna Nelson Secretary 881219 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO TEE 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-867 NAME: Clark E. and Dorothy Schrock, Trustees of the Gladys S. Cavanaugh Trust ADDRESS: 3790 South Huron, Englewood, CO 80110 REQUEST: A Site Specific Development Plan and a Special Review permit for a single family dwelling on a parcel less than the minimum lot size requirement in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the Si Si NW} of Section 14, TIN, R67W of the 6th P.M. , Weld County, Colorado SIZE OF PARCEL: 39 .745 acres, more or less LOCATION: Approximately two miles west southwest of the Town of Fort Lupton, east of Weld County Road 21 and north of Weld County Road 8. be recommended favorably to the Board of County Commissioners 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. . . 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 located within the urban growth boundary area of the Town of Fort Lupton and is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Goals and Policies. The Town of Fort Lupton's Planning and Zoning Coordinator reviewed the proposal and in a memo dated November 29, 1988, indicated no conflict with the Town's interests. -. The proposal is consistent with the intent of the Agricultural zone district. The property will be used as a single family home site and the balance of the property will be used for dryland pasture. 881219 cxh'h\-3`14- Clark E. and Dorothy Schrock USR-867 Page 2 - The uses permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the Weld County Comprehensive Plan. The average parcel size in this section is 58.09 acres, more or less. Uses in the surrounding area consist of dryland pasture and row crops. No objections have been submitted by surrounding property owners. - The area is not affected by overlay districts. - 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 Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the office of the Weld County Clerk and Recorder within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until a Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. A Weld County Septic permit shall be required for the proposed home septic system and it shall be installed according to the Weld County Individual Sewage Disposal Regulations. 4. Prior to recording the use by special review plat, a note shall be placed on it to read: Prior to any building permits being released on the special review site the owner/applicant shall submit a copy of a soil conservation plan, approved by the Platte Valley Soil. Conservation District, to the Department of Planning Services. Motion seconded by Rick Iverson. 881219 Clark E. and Dorothy Schrock USR-867 Page 3 VOTE: For Passage Against Passage Ann Garrison Jerry Burnett LeAnn Reid Rick Iverson Jerry Kiefer Ernie Ross The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Beard of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Danna Nelson, 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 December 20, 1988, and recorded in Book No. XI of the proceedings of the Planning Commission. Datedathe 21st day of December, 1988 Danna Nelsor Secretary 881219 INVENTORY OF ITEMS SUBMITTED FOR CO::SIDEP.ATION Case Number cfs K s c Submitted or Prepared Prior to Hearing At Hearing 1. Application 33 Pages , ✓ 2. 1 Applicationplat (s) 1 page (a) . 3. DPS Referral Summary Sheet 4 . DI'S Recommendation 5. DPS Surrounding Propery Owner Nailing List •� 6. DPS Hineral Owners Mailing List • ✓ 7. 3 DPS Naps Prepared by Planning Technician ✓ 8. DPS Notice of Hearing 9. DPS Case Summary Sheet 10. DPS Field Check ' • 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. I hereby certify that the /O items identified herein were submitted ro il • Department of Planning Services at or prior to the scheduled Planning Comminli,n hearing. I further certify that these items were forwarded to the Clerk Lo the Board's office on fc ,..h. - Ourre t?flail Jr` —Kdc STATE OF COLORADO ) (_ COUNTY OF WELD SUBSCRIBED AND SWORN TO BEFORE ME THIS G 271"ADAY OF 881219 '.EAL / 1'.0"I'P.I:Y PhRI. �f5-r�'��`- �JLk?�� � xh,be c� 9 rc 9' RESOLUTION RE: GRANT REQUEST OF JOHN KINKADE, 1ON BEHALF OF CLARK E. SCHROCK AND DOROTHY SCHROCK, TRUSTEES OF THE GLADYS S . CAVANAUGH TRUST, TO PRE-ADVERTISE SPECIAL REVIEW PERMIT . 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 , John Kinkade has submitted a letter to the Board requesting that the application of Clark E. Schrock and Dorothy Schrock, Trustees of the Gladys S . Cavanaugh Trust, for a Special Review Permit be pre-advertised , and WHEREAS, a copy of said letter of request is attached hereto and incorporated herein by reference, and WHEREAS, after review, the Board deems it appropriate to grant said request to pre-advertise this matter, and WHEREAS, the Board deems it advisable that said hearing be scheduled for December 28 , 1988 , at 10 :00 a.m. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of John Kinkade to pre-advertise the application of Clark E. Schrock and Dorothy Schrock , Trustees of the Gladys S . Cavanaugh Trust, for a Special Review Permit be, and hereby is, granted. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado, that said hearing be, and hereby is, scheduled for December 28 , 1988 , at 10 :00 a.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of November, A.D. , 1988 . f • BOARD OF COUNTY COMMISSIONERS ATTEST: l - ' ' `-` ' - WELD COUNTY, COLORADO (1 Weld County Clerk and Recorder EXCUSED and Clerk to the Board Gene R. Brantner, Chairman Cfrit----S EXCUSED DATE OF SIGNING - AYE pyP� / � C.W. Kirby, Pro-Tem eputy Count Clerk APPROVED AS TO FORM: acdueliie,J di 9 ,n / / i i —rte Gordon acy l �i . -_— i 3 jVtaLtu/_a , 1C 7 /-2i-t County Attorney �4" � ' Frank Yamaguchi $81219 881115 SEC _-TON, KINKADE & LAMBDEN( .C. ATTORNEYS AT LAW JOHN W. KINKADE UNION COLONY BANK BUILDING • 1701 TWENTY-THIRD AVENUE•SUITE A•GREELEY, COLORADO 80631 • (303)352-8673 November 15, 1988 Weld County Planning Department - 915 - 10th Street Room 342 Greeley, Colorado 80631 Gentlemen: • Simultaneously with the tendering of this letter, we are filing a Use By Special Review on behalf of the Gladys S. Cavanaugh Trust for Robin Williams. In that time is of the essence in this matter, would it be possible that any publications regarding this Use by Special Review be initiated immediately, in order that we might move this through the process as quickly as possible. There is the possibility that this parcel might be sold, and it is in the best interests of the minor child for whom the Trust was created, that this asset be liquidated. Thank you for your cooperation. Sincerely, SHELTON, KINKADE AND LAMBDEN, P.C. ` CC- t� �� r t J hn W. Kinkade. I/ JWK:djc 30/jc18 ASSOCIATED WITH KRIPKE,EPSTEIN&LAWRENCE, PROFESSIONAL CORPORATION 4100 EAST MISSISSIPPI AVENUE.SUITE 710. DENVER,COLORADO 80222 13O3)757-7700 XH,l3,7 4 881219 EXHIBIT INVENTORY CONTROL SHEET Case 7,1579- (" i71-22-L#2djaZ Exhibit Submitted By Exhibit Description /� j J / ,'.Cz QdE c & V /Lr�%�Z�G l/ v .Q a7!Qvrze Cserc C. 4272217 /' y 67--e-eiJ. ./y 724 g a . D. fib a22,7 7 C dJ� !l C¢�vYL tti c� Lctr7'/ 6 /l c O7l O��Od��G+iCC/yr E. ��jQi�'�yLC�J'9�y L �J9",C �✓ iYY%291c2,- 0227,_,,t4 F. �'/L� ' K--42,Co9:ey H. I. J. K. L. M. N. 0. 881219 December 20, 1988 CASE NUMBER: USR-867 NAME: Clark E. and Dorothy Schrock, Trustees of the Gladys S. Cavanaugh Trust ADDRESS: 3790 South Huron, Englewood, CO 80110 REQUEST: A Site Specific Development Plan and a Special Review permit for a single family dwelling on a parcel less than the minimum lot size requirement in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the Si Si NWI of Section 14, TIN, R67W of the 6th P.M. , Weld County, Colorado SIZE OF PARCEL: 39 .745 acres, more or less LOCATION: Approximately two miles west southwest of the Town of Fort Lupton, east of Weld County Road 21 and north of Weld County Road 8. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 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 located within the urban growth boundary area of the Town of Fort Lupton and is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Goals and Policies. The Town of Fort Lupton's Planning and Zoning Coordinator reviewed the proposal and in a memo dated November 29, 1988, indicated no conflict with the Town's interests. - The proposal is consistent with the intent of the Agricultural zone district. The property will be used as a single family home site and the balance of the property will be used for dryland pasture. - The uses permitted will be compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the Weld County Comprehensive Plan. The average parcel size in this section is 58.09 acres, more or less. Uses in the surrounding area consist of dryland pasture and row crops. No objections have been submitted by surrounding property owners. - The area is not affected by overlay districts. 881219 Dorothy Schrock USR-867 Page 2 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 Department of Planning Services' staff recommendation for approval is conditional upon the following: 1 . The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior torecording the plat. The plat shall be delivered to the Department of Planning Services and he ready for recording in the office of the Weld County Clerk and Recorder within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until a Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. A Weld County Septic permit shall be required for the proposed home septic system and it shall be installed according to the Weld County Individual Sewage Disposal regulations. 4. Prior to recording the use by special review plat, a note shall be placed on it to read: Prior to any building permits being released on the special review site the owner/applicant shall submit a copy of a soil conservation plan, approved by the Platte Valley Soil Conservation District, to the Department of Planning Services. 881219 LAND-USE APPLICATION SUMMARY SHEET Date: December 13, 1988 CASE NUMBER: USR-867 NAME: Clark E. and Dorothy Schrock, Trustees, of the Gladys S. Cavanaugh Trust ADDRESS: 3790 South Huron, Englewood, CO 80110 REQUEST: Site Specific Development Plan and a Special Review permit for a single family dwelling on a parcel less than the minimum lot size requirement in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the Si Si NWi of Section 14, TIN, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately two miles west southwest of the Town of Fort Lupton, east of Weld County Road 21 and north of Weld County Road 8. SIZE OF PARCEL: 39 .745 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received specific recommendations from the Weld County Health Department and the Brighton Soil Conservation District. Copies of these responses are included in this summary packet. The Department of Planning Services' staff has received one phone call objecting to this application from a surrounding property owner. This property owner indicated he would be present at the hearing. • 881219 41 i-2 .?.rag F?• yM —�,t�, ..., •, 14 ' • if:*JL4'R.: L, tip (R , .hik. 4• V d? - < • k y ..a. i ii S ".. • ;•.,, at '.� 4 y . . IN .,•44 tA ¢ Yl uaa r ;; . t 4, w :16....\...:„In....5.4146.•Iiil....a�.1. a /l"' ESG1° 9 �' n,w 4 / 0 1 � � • us .A 4A w ii 'r' ■ ': p ,� 1l _ rj42 1 • Yl 25 1 .. .. . o r�jy --�� Fv is 40 w1 Yi• •Y• 1q •� .fie-__ p `K O c: . si •a •, , _• _ w, 4.. �'� �• •y 4 31 .-_�..a -_ �r-.rv.- _4 r c �.i 4 G z : �� if-- ^--r,yr r- ghhh J4 • �` b 4, 1 H T 3N� i-- -'L r f- .••1 4.. - . t .. li 11 r . • _w . .. i • - \‘',. • 4 E v 1.r trk .w �I r , ..w.• 4i , F I. Illf., •• .c •� .� �' 6 , s ,df'..- . � . • .w^-� pq •• 4 24 • • rt •... 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A I A. 7 R 681`N \ L w 1 F 4 ..P 67•W .. i • w G7i2lQ 66 W 1 1 A D A M S ' ' 1 3 5 7 9 11 13 15 17 1? 21 23 25 27 29 31 33 kl .k9 •J J9 ' �`\J C�� e ` ai.— � �� / -i � e \�n� w &e - _ .1";:7.7 �µyisPosa '1/4,1‘'\0II"'/- ._, I 4 ' I o• � � / l i. f Gaging �� ;LPN Ps -N \ i I / , -, i ‘,.. . . .-,-.. .e3 u299 U Stara /' bB2 A 4337 • �' • o b ' Al i '�� 6 1 . - 1A51e i� a 2 - • e ETowe \ / I { fl I it �.IIr �l t -`, 1 / / A _ T 4 It 503?" .—. a�� I J I { •N .4 rrt w \F " i i J d N g. o¢, it �" /• " 12 � ° ' 7 • til r 4 029' /i ! I o 4 9+a _— . . ir., \ iv' ! ' 960' tea.=— .. \;/ / / __� S 'f I i 13 18 �� O 1.4 vo Itl 9e6 --- { 's6945 , / { .} • , - �; - 881.2 � � � tee; 2` '..L4- Ey 3 • Ett2� � 9L. ... 1HH 19 s i • • • • LISR st444,7 • • 03.2 • 4297 • • 034 • •• • • C.IR • • • : = ~•;A • . " 881219 FIELD CHECK FILING NUMBER: USR-867 DATE OF INSPECTION: December 11, 1988 NAME: Clark E. and Dorothy Schrock, Trustees of Gladys S. Cavanaugh REQUEST: Site Specific Development Plan and a Special Review permit for a single family dwelling on a parcel less than the minimum lot size requirement in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the Si S; NWi of Section 14, TIN, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles west, southwest of the City of Fort Lupton; east of Weld County Road 21, north of Weld County Road 8. ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) LAND USE: N Farmland, oil well E Oil well, pastureland S Pastureland, oil well W Weld County Road 21 , pastureland, and oil well COMMENTS: No structures are located on this proposed Special Review site. The drainage is in a southerly direction towards a private drive to the property's most southern boundary. The use of the -property at this time is row crops which appear to be either straw orhay. The property appears not to have any means of irrigation. The closest dwellings are approximately 1/4 mile to the north and the south. All surrounding properties are being used for agricultural production. Weld County Road 21, a graveled road with a County local classification, lies to the sites most western boundary. r BY: -\ -) Z awJ Thgle trrent P(nrer 881219 K REFERRAL LIST APPLICANT: Clark and Dorothy Schrock, Trustees CASE NUMBER: USR-867 Gladys Cavanaugh Trust SENT REFERRALS OUT: November 21, 1988 REFERRALS TO BE RECEIVED BY: December 5, 1988 NO SR NR NO SR NR X County Attorney ✓ X Weld County Health Dept. X Engineering Department County Extension Agent Office of Emergency Mngmt Ed Earring ✓ X State Engineer Division of Water Resources 1313 Sherman St . , Room 818 Denver, CO 80203 X City of Fort Lupton c/o Jack Hurst P.O. Box 148 Fort Lupton, CO 80621 X Fort Lupton Fire District c/o Larry Richardson 1121 Denver Avenue Fort Lupton, CO 80621 X Bud Halldorson Planning Commission Member 10625 Weld County Road 23 Fort Lupton, CO 80621 ✓ X Platte Valley Soil Conservation District Z _ G 60 South 27th Avenue Brighton, CO 80601 X The Farmer's Reservoir p ,_:__ . -- and Irrigation Company —� 80 South 27th Avenue � '�•�'� -_:y__. - ,._ Brighton, CO 80601 iz_ -->> NO-No Objection SR-Specific Recommendations NR=No Response a� 881219 PLATTE VALLEY SOIL CONSERVATION 60 S. 27th Ave . - Brighton , CO 80601 DISTRICT 659-7004 December 7 , 1988 Mr . Brian J . Bingle Weld County Colorado Department of Planning Services 915 10th Street Greeley , CO 806: 1 RE: Case Number USR-867 Clark E. and Dorothy Schrock Dear Mr. Bingle : This area is Prime Farmland according to the Important Farmland map for Weld County , Colorado . The soils on this site have a moderate limitation for dwellings due to low soil strength and a shrink—swell potential . The soils also have a moderate limitation for local roads and streets due to the shrink—swell potential , low soil strength and possible frost action . Most of the area has a moderate limitation for septic tank absorption fields due to slow percolation of the soil . We believe all roads should be gravelled and any exposed soil should be protected from wind erosion . Adapted grass should be established wherever the soil is bare . Until the grass is established the area should be mulched . If plans are to keep animals on the place , then the grass should be managed for soil protection . A Conservation Plan should be deveioped for the site whether its cropland or grassland . Sincerely , 1 Clyde Abbett, President Board of Supervisors \ Ec ti 21986 Weld Co. pia► ► tt wnm�t+tSSta9 681219 fflEniCflUifl ( A Weld County Planning December 7, 1988 To Date • Health Protection Services (Af r , 7 COLORADO From l!V 4 fl j.):-'1 Case Number: USR-867 Name: Clark E. & Dorothy Schrock Subject: _ Health Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. Weld County Septic Permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. i4I J CJ's nr; I I!` DEC `f 1988 '�' �,I �r�lJ LU 881219 MAILING LIST Clark E. and Dorothy Schrock USR-867 Jennifer K. Brown Bobby L. Carpenter 3451 Weld County Road 21 Fort Lupton, CO 80621 Badding Estate 3871 Weld County Road 21 Fort Lupton, CO 80621 Suokia Farms, Inc. 4468 Weld County Road 19 Fort Lupton, CO 80621 Marguerite M. Bateman 246 4th Street Fort Lupton, CO 80621 Gladys S. Cavanaugh 105 Bridge Street Brighton, 0 80601 Eugene A. Doversberger 3695 Weld County Road 23 Fort Lupton, CO 80621 Antone C. and Helen M. Pelt 3465 Weld County Road 23 Fort Lupton, CO 80621 June H. Mathesen 11131 Weld County Road 10 Fort Lupton, CO 80621 Betty Ann Cavanaugh Williams 3872 Weld County Road 21 Fort Lupton, CO 80621 Jimmie M. Cavanaugh 1441 East 105 Place Northglenn, CO 86223 881219 1/8 Betty Ann Cavanaugh Williams 3872 Weld County Road 21 Fort Lupton , CO 80621 1/8 Jimmie M. Cavanaugh 1441 East 105 Place Northglenn, CO 86233 Undivided 1/2 interest in all mineral rights including oil and gas, as reserved by Clements Quint and Martha L. Quint in the Deed recorded July 18, 1960 in Book 1562 at Page 248, and any interests therein or rights thereunder. Undivided 1/4 interest in all mineral rights including oil and gas , as reserved by Carmon E. Jesiop and Alice May Jesiop in the Deed recorded March 20, 1962 in Book 1609 at Page 351 , and any interests therein or rights thereunder. 20/jc15 881219 Affidavit of Publication STATE OF COLORADO • County of Weld ss. I A.Winkler Rieeel of said County of Weld being duly sworn,say that I am publisher of Platteville Herald that. the same is a weekly newspaper of general circulation was printed and published in the town of Platteville NOTICE OF PUBLIC HEARING in said county and state that the notice of advertisement. of which The Weld County Planning Corn- the annexed Is a true copy has been published in said weekly mission will hold•public hearing newspaper:for on Tuesday, December 20, 1988, �- 4 et 1:30 p.m. for the purpose of consecutive weeks: considering a Site Specific De- -the notice was published in the regular and entire issue of ear relopwent mPlitt end e Special desires Permit for pro propertythe number fsaidof said newspaper ith durinp the period and time of publication described below. Approval ef the of said notice and in the newspaper proper and not Ma supplement request mry a reeled thereof:that the first publication of said notice was contained in the property right pursuant to Cele- Issue of said newspaper bearing the date of retie Law. APPLICANT: Clark E. and Dorothy Schrock riestees of the A.D..1931 and the last publication -Gfedye C__: gti Yrusi thereof,m the issue of said newspaper,bearing date. LEGAL DESCRIPTION: Part of the S 1/2 S 1/2 NW 1/4 of Section the 11; day of 14, till, ROMof the 8thP.M., Weld County, Colorado TYPE D NSITY O F r\ CV--t 19/e, that the said PROPOSED NUSE:NAEsingle family dwelling on • parcel of land less than the minimum lot size re- Platt evil le Herald quirement in the A (Agricultural) zone district has been published continuously and uninterruptedly during the LOCATION: Approximately 2 period of at least fifty-two consecutive weeks next prior to the first miles west southwest of Fort tap- Issue thereof containing said notice or advertisement above referred ton;east of Weld County Road 21 to: and that said newspaper was at the time of each of the and north of Weld County Road 8 publications of said notice duly qualified forthat purpose within the SIZE: 39.7 acm, more or held public hearing will be held meaning of an act entitled, "An Act Concerning Legal Notices. In the Weld County Commission- Advertisements and Publications and the Fees of Printers and Publishers thereof- mid toRepeal all Acts:and P to Weld l Hearing Room, Floor, labs, County Centennial Center,Colo- all Coa,et with the t14 jlons of this Acil alpluv} nl d 1 and 915 Tenth Street, oGreeley,obje Colo- all amendments tl' Xof/add particula;lS. amended l act redo. to the heta or s request approved '1 $� an t May 13,I -related to chore request And a/� should be submitted in writing to / �� the Weld County Department, 15 Z. y/ Plthe d ServtuD, 915 Tenthof RublLshe Street, Room 342, Greeley, Colo- rado 80631, before the above Subscri d and sworn to before me this `13 day of date or presented at the public A D. 19 P hearing on December 20, 1988. Copies of the application are available-for public inspection In 1 the Department of Planning Ser- vices, Room 342, Weld County Centennial Caner, 918 Tenth Notary Public Street, Greeley, Colorado 80631. Phone 356.4000, Ext. 4400. Bud Hellderson, Chairmen 9f1 1)7119 .'.,;^sri Weld County Planning Commission Published in the PINNVIlle Her- ald, November 23, 1988. My commission expires June 1992 My Commission expires June 30, 1992 881219 DEPARTN 'I )F PLANNING SERVICES If/ ll $s PHONE(303)356-4000 EXT.4400 �• 1', I 915 10th STREET e if mooAtm - GREELEY,COLORADO 80631 I , ti 1 -'1:7C II D • , COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, December 20, 1988, at 1 :30 p.m. for the purpose of considering a Site Specific Development Plan and a Special Review permit for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Clark E. and Dorothy Schrock, Trustees of the Gladys Cavanaugh Trust LEGAL DESCRIPTION: Part of the Si S} NWi of Section 14, TIN, R67W of the 6th P.N. , Weld County, Colorado TYPE AND INTENSITY OF PROPOSED USE: A single family dwelling on a parcel of land less than the minimum lot size requirement in the A (Agricultural) zone district LOCATION: Approximately 2 miles west southwest of Fort Lupton; east of Weld County Road 21 and north of Weld County Road E SIZE: 39 .7 acres, -tore or less The public hearing will be held 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 December 20, 1988. 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 80631 - Phone - 356-4000, Extension 4400. Bud Halldorson, Chairman Weld County Planning Commission To be published in the Platteville Herald To be published o (1) time by November 23, 1988 Feceived by: _ /A ' ��`= G/I7 t/ r MI' =�� Date: // '2/ Jil ��L��./--i t-L 881219 USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number Date Received Application Checked by Mylar plat submitted Application Fee Receipt Number Recording Fee Receipt Number .....Y ---- TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request a hearing before the Weld 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: ShS'NW1/4 Section 14 T 1 N, R 67 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Section T N, R W Property Address (if available) not addressed PRESENT ZONE Agriculture OVERLAY ZONES TOTAL ACREAGE 39 .745 PROPOSED LAND USE rascure ana Possible Future Residence EXISTING LAND USE pasture and ury Lana SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Clark E. Schrock and Dorothy Schrock, Trustees of Name: the Gladys S. Cavanaugh Trust Address: 3790 South Huron City znglowocui cp Zip 8i).].LO Rome Telephone # 781-0810 Business Telephone # Name: Address: City Zip Rome Telephone # Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above) : John W. Kinkade Name: Shelton, Kinkade and Lamhdpn . p.r Address: 1701 - 23rd Avenue . Ste A City Greeley rn Zip Rnell Rome Telephone # Business Telephone # lc,_RF71 List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: 1/8 Betty Ann Cavanaugh Williams Address: 3872 Weld Ctv Rd 21 City Fort Lnptnn rn Zip Rn691 Name: 1/8 Jimmie M. Cavanaugh Address: 1441 East 105 Place City Northglenn . rn Zip8(1911 See Attached 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 ) ,f Li [/G!_!4 Ccc( _ c i S n ture: Owner or Authorized Agent �o in jl. Kinkade) Subscribed and sworn to before me this ' day of ` 4241.4, A 19% . NOTARY PUBLIC My commission expires 881219 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property S'S1/2NW' of sec . 14 , T1N, R67W of the 6th P.M. , Weld County, Colorado. STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. r j i s (J5ihn W. Kinkade) The foregoing instrument was subscribed and sworn to before me this 7 day '7,a,keinkt , 1911' by ---JOHN W. KINKADE--- WITNESS my hand and official seal . My Commission expires : /1J'17. Notary Public 881219 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL Brown , Jennifer K. STATE AND ZIP CODE IDENTIFICATION # Brown Jennifer 3451 Weld County Rd 21 146915000053 -6042986 • Fort Lupton, CO 80621 Badding Estate 3871 Weld Cty Rd 21 146915000060 -6043386 Fort Lupton, CO 80621 Suckla Farms , Inc. 4468 WCR 19 146915000004 - 6034586 FULL Lupton , CO 00621 Bateman, Marguerite M.tor4GtLu 4 I.pt Lonrc, LO 80621 40o 111000O02 -6035506 Reid, Lawrence O. and Jean F. Box 714 Brighton, CO 80601 146914000032 -6041986 Cavanaugh, Gladys S. 105 Bridge Street Brighton, CO 80601 146914000003-6040986 Doversberger, Eugene A. 3695 WCR 23 146914000035 -6042386 Fort Lupton, CO 80621 Heit, Antone C. & Helen M. 3465 WCR 23 146914000007 -6041786 Fort Lupton, CO 80621 Mathesen, June H. 11131 WCR 10 146911000016 _ 6035886 Fort Lupton, CO 80621 881219 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property S'5' NWe of Sec. 14 , T1N, R67W of the 6th P.M. , Weld County, Colorado. STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and leases 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. "See Attached List" / (// i (/rr�zluiph ''L. i F/ The foregoing instrument was subscribed and sworn to before me this 7 day of 1/4724Zj{yKl , 19O. WITNESS my hand and official seal. My Commission expires: Notary Public 881219 PLANNING COMMISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST TEN (10) DAYS PRECEDING THE PLANNING COMMISSION HEARING FOR CASE I THE SIGN WAS POSTED BY: NAME OF PERSON POSTING SIGN SIGNATURE OF APPLICANT STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED -AND SWORN TO BEFORE ME THIS DAY OF 19 SEAL NOTARY PUBLIC MY COMMISSION EXPIRES LAST DAY TO POST SIGN IS: 19 881219 BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST TEN (10) DAYS PRECEDING THE BOARD OF COUNTY COMMISSIONER'S HEARING FOR CASE . THE SIGN WAS POSTED BY: NAME OF PERSON POSTING SIGN SIGNATURE OF APPLICANT STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF 19 SEAL NOTARY PUBLIC MY COMMISSION EXPIRES LAST DAY TO POST SIGN IS: 19 881219 USE BY SPECIAL REVIEW APPLICATION CLARK E. SCHROCK AND DOROTHY SCHROCK TRUSTEES OF THE GLADYS S. CAVANAUGH TRUST FOR ROBIN WILLIAMS Gladys S. Cavanaugh deceased by her last will and testiment, divided her holdings in the family farm to her daughter, her daughters children, Tracy and Robin Williams, and to her son. This application is for the forty (40) acres left to Robin Williams. Miss Williams and her mother Mrs. Betty Ann Cavanaugh Williams have grown up on a family farm located at 3872 - Weld County Road 21, Fort Lupton, Colorado 80621. This farm is now a dry land farm. Over the years as the two Cavanaugh children, Mr. Jimmie Cavanaugh and Betty Anil Cavanaugh Williams were emancipated, both found themselves maintaining either their livelihood or their residence, as in Mrs. Williams and h:r daughter, Robin Williams, case, on the family property. Over the last 20 years Mrs. Williams has maintained a horse breeding ranch and her residence on said property. During this time, the deceased Mrs. Cavanaugh allowed her children to use the property rent free. During the convalescence of Mrs. Gladys Cavanaugh, money problems created a situation which caused the entire family and especially Mrs. Williams to have a financial decline. Mrs. Gladys S. Cavanaugh died on June 14, 1987 leaving a Will attached hereto which provided for the division of her property into four (4) approximately equal estates of forty (40) acres a piece. Each parcel was to go to a different heir: one parcel to her son, one parcel to her daughter, and the remaining parcels to two granddaughters. A copy of the Last Will and Testament is attached hereto and made a part hereof as Exhibit "A" . The complexity of the division of the property with the Will in order to provide an equal division, caused the heirs to enter into a Stipulation and Agreement which was approved by the District Probate Court in and for the County of Adams, State of Colorado, on the 22nd day of June, 1988, a copy of said Order is attached hereto and made a part hereof as Exhibit "B" . Parcel D which is the property included in this Use By Special Review Application is approximately forty (40) acres in size and has been used for pasture with some dry land farming being accomplished by a marginal way in the last several years. In order that the minor child, who is the beneficiary of this Trust, might have appropriate use of her testamentary gift, the Trustees have elected to sell said parcel . In order to sell said parcel for any reasonable sum, the parties have listed the parcel and have it under contract with the understanding that the proposed use for said parcel will be for the creation of a forty (40) acre ranchette. 881219 County Commissioners (Kinkade) October 6, 1988 Page -2- It is anticipated that the land use will remain the same as a dry land pasture and that no prime farmland will be taken out of production. This parcel also includes a road system that provides the ingress and egress to two (2) wells located in a forty acre parcel due North of this parcel under review. The parcels of property surrounding these properties are used for various farming uses including pasturing, irrigated farmland and dry land farmland. There are no residential structures within twelve hundred ( 1200) feet of this parcel . It is anticipated that the future use will include no more users than a single family residence with probably no employees hired to maintain the property. The type of water use to be provided will be through the drilling of a well . There presently is no water on said property. The access route to the property will be on the road previously provided for ingress and egress of the oil lease use. The sewage facility to be used will be through a septic tank system. Fire protection will be provided by the local fire protection agency with no additional fire protection anticipated. In that ninety-five percent (95%) of the property will remain in its present use there is no additional need for removal or disposal of debris junk or other waste, nor is there any additional need for any landscaping, erosion control plans or reclamation procedures. It is not known when this property might be used for construction of a single family residence, in that the Trust is not in a position to do so and the Trust is not anticipating the use of the same until the sale to a third party. The property is made up of the following soil types. A more complete description is attached hereto and made a part hereof. KIM LOAM, 3 to 5 percent slopes. This is a deep, well drained soil on plains and alluvial fans at elevations of 4,900 to 5,250 feet. It formed in mixed eolian deposits and parent sediment from a wide variety of bedrock. Included in mapping are small areas of soils that have loamy sand underlying material . A more complete description is attached hereto and made a part hereof. KIM LOAM, 5 to 9 percent slopes. This is a deep well drained soil on plains and alluvial fans at elevation of 4,900 to 5,250 feet. It formed in mixed eolian deposit and parent sediment from a wide variety of bedrock. Included in mapping are small areas of soils that have loamy sand underlying material . A more complete description is attached hereto and made a part hereof. SHINGLE LOAM, 3 to 9 percent slopes. This is a shallow, well drained soil on upland hills and ridges at elevations of 4,850 to 5,200 feet. It formed in residuum from shale. Included in mapping are some small outcrops of shale and sandstone. 881219 County Commissioners (Kinkade) October 6, 1988 Page -3- A more complete description is attached hereto and made a part hereof. WILEY-COLBY COMPLEX, 1 to 3 percent slopes. This nearly level map unit is on smooth plains in the western part of the survey area at elevations of 4,850 to 5,000 feet. The Wiley soil Anakes up about 60 percent of the unit, and the Colby soil about 30 percent. About 10 percent is Heldt silty clay and Weld loam. A more complete description is attached hereto andimade a part hereof. WILEY-COLBY COMPLEX, 3 to 5 percent slopes. This gently sloping map unit is on plains at elevations of 4,850 to 5,000 feet. The Wiley soil makes up about 60 percent of the unit, and the Colby soil about 30 percent. About 10 percent is Heldt silty clay and Weld loam. A more complete description is attached hereto and made a part hereof. Thank you for your consideration. Sincerely, SHELTON, KINKADE AND LAMBDEN, P.C. i�C el '\-C.t iCza.S2P Jbhn W. Kinkade JWK:djc 11c/502 881219 { I , • Ea wt !Ui11 atnb riot tntmnt OF GLADYS S. CAVANAUGH I , GLADYS S. CAVANAUGH, of Weld County, Colorado, do hereby make, publish and declare this to be my Last Will and Testament hereby revoking all former Wills and Codicils by me at any time made. FIRST: I direct that all my lawful debts, including expenses of my last illness and funeral be paid as soon as practicable after my death. SECOND: I direct that all estate, succession, legacy, inheri- tance or other transfer taxes, however designated, that shall become payable by reason of my death in respect of any property comprising my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid from my residuary estate, and I direct that same shall not be apportioned. THIRD: I give and devise: A. The train engines and cars in my house and my two (2) bedroom sets, consisting of four (4) pieces each, to Tracy Lee Williams and Robiu K. Williams, equally, or all to the survivor. B. My stereo now in the family room, or any stereo I may own at my death to Tracy Lee Williams. C. My television set, or any that I may own at my death, to Robin K. Williams. D. The vehicle I own at my death to Betty Ann Cavanaugh Williams. FOURTH: I give, devise and bequeath unto Betty Ann Cavanaugh Williams and Jimmie M. Cavanaugh, equally, share and share alike all oil , gas, minerals, mineral rights, royalties and any interest I might have in any oil and gas or mineral leases including all oil, gas, minerals and mineral rights owned by me in, under and under- lying and that may be produced from my property described as NW1/4 of Section 14 , Township 1 North, Range 67 West, County of Weld, State of Colorado and from the property sold to Daniel M. Kissler and Harold Kissler in Arapahoe County, State of Colorado described as : All of Sections 10, 15, 22, 23, the W1/2 of Section 24; the SE1/4 of Section 24 and the NE1/4 of Section 21, all in Township 4 South, Range 64 West, County of Arapahoe, State of Colorado. In the event Betty Ann Cavanaugh Williams does not survive me, then I direct that her one-half (1./2) interest aforesaid shall be distri- buted in accordance with Article FIFTH A. of my Will. In the event Jimmie M. Cavanaugh does not survive me then I direct that his one- half (1/2) interest aforesaid shall be distributed in, accordance with Article FIFTH C. of my Will. FIFTH: I give, devise and bequeath all the rest, residue and remainder of my estate whether real, personal or mixed, wheresoever situate and whether now owned by me or hereafter acquired as follows A. Twenty-five percent (25%) to my daughter, Betty Ann /a xi. I.,..,rat-72 .; •-` 881219 j - 2 - Cavanaugh Williams and in the event she does not survive me; then I devise said twenty-five percent (25%) interest to her children sur- viving her, equally, share and share alike or all to the survivor of them. Any henainunt existencebford to her them or eitheren ofshall be added to them. In the event my said daughter survives me and provided she is still residing in the frame house now occupied by her at my death, then she shall have the option to have as a part of her twenty-five percent (25%) distributive share the frame house where she now resides and the barns, sheds, corrals and twenty (20) acres surround- ing same lying North of the present driveway between her home and my home all located in the NW1/4, Section 14 , Township 1 North, Range 67 West, Weld County, Colorado. The valuation for same shall be that as finally determined in my estate for estate tax purposes. In the event the value of same exceeds her twenty-five percent (25%) distri- butive interest then she shall pay over to the Personal Representa- tive of my estate the difference by cash before final distribution of my estate. My said daughter must elect to exercise this option by giving written notice to the Personal Representative of my estate within ninety (90) days after the date of my death and if said election is not so made then this option shall thereupon terminate. B. Twenty-five percent (25%) to my Trustee, IN TRUST, to be divided into two (2) separate Trusts, to be held, administered and distributed as follows: • (1) One-half (1/2) thereof shall be for the use and benefit of and ultimate distribution to my granddaughter, Tracy Lee Williams. (2) One-half (1/2) thereof shall be for the use and benefit of and ultimate distribution to my granddaughter, Robin K. Williams. (3) The Trustee shall distribute one-half (1/2) of the Trust of each grandchild to such grandchild at such time as she reaches the age of thirty-five (35) years or upon my death if she is then thirty-five (35) years and the balance shall be distributed to each as each attains the age of forty (40) years and if either or both are forty (40) years of age at my death, then distribution shall be made at that time. (4) During the term of the Trusts, the Trustee may pay to or for the benefit of the grandchild for whom the separate Trust is held such amounts of net income and principal as the Trustee, in its sole discretion, deter- mines to be necessary or advisable for the health, support, maintenance, education and general welfare of such grand- child. (5) In the event Both or either of said grandchildren do not survive me then I devise the share of such deceased grandchild to Betty Ann Cavanaugh Williams and if she does • not survive, then to my other named grandchild surviving and if neither grandchild survives, then to Jimmie M. Cavanaugh. (6) If either grandchild should die before the complete distribution of her Tr and ust, e shall CavanaughWilliamsand if d she does 881219 �l r - 3 - not survive, then to my other named grandchild surviving and if neither grandchild survives, then to Jimmie M. Cavanaugh. (7) I appoint Clark E. Schrock and Dorothy Schrock, or the survivor of them, as Trustee, to serve without surety on their bond. (8) The Trustee shall have all the powers conferred upon ficuciaries by the Colorado Fiduciaries' Powers Act, as such Act may be amended from time to time after the execution of this Will, notwithstanding the fact that the Act may subsequently be repealed or held to be invalid. C. Fifty percent (50%) to my son, Jimmie M. Cavanaugh, and in the event he does not survive me then I devise his said share to : (1) One-half (1/2) thereof to his wife, Pauline Cavanaugh, provided she is the spouse of Jimmie M. Cavanaugh on the date of his death and in the event she was not his spouse or does not survive then the share she would have taken shall be distributed to Betty Ann Cavanaugh Williams, Tracy Lee Williams, and Robin K. Williams, share and share alike or all to the survivor of them. Pauline Cavanaugh, provided she is still operating the machine shop as her main source of income at the date of my death, shall have the option to have distributed to her my brick two (2) bedroom residence in which I now reside, the hobby shop and machine shop together with twenty (20) acres surrounding same lying South of the present driveway together with all machinery and equipment and all related accessories and tools owned by me at my death used or useful to the machine shop business, all located on the NW1/4 of Section 14, Township 1 North, Range 67 West, Weld County, Colorado. The valuation for same shall be that as finally deter- mined in my estate for estate tax purposes. In the event the value of same exceeds her distributive share then she shall pay over to the Personal Representative of my estate the difference by cash before final distri- bution of my estate. Pauline Cavanaugh must elect to exercise this option by giving written notice to the Personal Representative of my estate within ninety (90) days after the date of my death and if said election is not so made, then this option shall thereupon terminate. (2) The remaining one-half (1/2) thereof shall be distributed to Betty Ann Cavanaugh Williams and if she does not survive then same shall be distributed to Tracy Lee Williams and Robin K. Williams, equally, share and share alike or all to the survivor of them. Any share distributed to Tracy Lee Williams or Robin K. Williams shall be added to any Trust then in existence for them or either of them. In the event my said son survives me and pro- vided he is still operating the machine shop as his main source of income at the date of my death, then he shall have the option to have as a part of his fifty percent (50%) distributive share my brick two (2) bedroom residence in which I now reside, the hobby shop ev-rrn4-r2-7.11.- 881219 - 4 - and machine shop together with twenty (20) acres surround- ing same lying South of the present driveway together with all machinery and equipment and all related acces- sories and tools owned by me at my death used or useful to the machine shop business he now conducts, all located on the NW1/4 of Section 14 , Township 1 North, Range 67 West, Weld County, Colorado. The valuation for same shall be that as finally determined in my estate for estate tax purposes. In the event the value of same exceeds his fifty percent (50%) distributive interest then he shall pay over to the Personal Representative of my estate the difference by cash before final distribution of my estate. My said son must elect to exercise this option by giving written notice to the Personal Representative of my estate within ninety (90) days after the date of my death and if said election is not so made, then this option shall thereupon terminate. SIXTH: I appoint Betty Ann Cavanaugh Williams and Jimmie M. Cavanaugh, or the survivor of them, the Co-Personal Representatives of my Will and direct that they be permitted to qualify and serve without giving bond other than their personal bond in this istorn any ny or other jurisdiction, and it is my will that without app order of Court they shall have full power and authoritY t se sell, transfer, grant, convey, exchange, lease, mortgage, pledge other- wise encumber or dispose of any or all of the real or personal pro- perty of my estate and to borrow money upon such terms and condi- tions, for such purpose and for such consideration as they deem for the best interests of my estate. My Personal Representative may, at their sole discretion, continue to hold, manage and operate any property, business or enterprise that I may hold and own at the time of my death, and I exonerate my Personal Representative from any and all liability in case of the depreciation of my estate or any loss suffered by it as a result of any act, failure act ctporserroriin n. judgment made or done in good faith by my Personal My Personal Representative shall have all the powers conferred upon fiduciaries by the Colorado Fiduciaries' Powers Act, as such Act may be amended from time to time after the execution of this Will and after my death, and notwithstanding the fact that the Act may subsequently be repealed or held to be invalid. I, Gladys S. Cavanaugh, the Testatrix, sign my name to this instrument this 7th day of December , 1979 and being first duly sworn do declare to the undersigned authority that I sign and execute this instrument as my Last Will and Testament and that I sign it willingly, that I execute it as my free and voluntary act for thd hat I am age ore purposes therein older, of expressed, eighteen constraintor ears of undue influence. % L c - 04•„-.:(,.„r, Ley, Glady S. Cavanaugh We , Edward A. Brown and Leonard H. McCain the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the Testatrix signs and executes this instrument as her Last Will and Testament and that she signs it willingly, and that she executes it as her free and voluntary act for the purposes therein expressed, and that each of us , in the presence and hearing of the Testatrix, hereby signs this Will as witness to the Testatrix' s signing, and that to the best of his knowledge the Testatrix is eighteen years of 881219 I - 5 - age or older, of sound mind and under no constraint or undue influ- ence. � a • v3vvw� Witness HZ ' Witness STATE OF COLORADO ) ss. COUNTY OF ADAMS ) Subscribed, sworn to and acknowledged before me by Gladys S. Cavanaugh, the Testatrix, and subscribed and sworn to before me by Edward A. Brown and Leonard H. McCain , witnesses, this 7th day of December , 1979. Witness my hand and official seal. ,My Commission expires : /�.9/RBI ` ‘11. 1 /.. V I .'1, ' No ary Publ c • A 881219 B 1203 REC 1149301 07/26/88 10 :50 $30 . 00 1/010 AR2149301 F 1620 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO DISTRICT COURT , COUNTY OF ADAMS , STATE OF COLORADO Case No . 87 PR 211 ORDER IN THE MATTER OF THE ESTATE OF GLADYS S . CAVANAUGH , Deceased . THE COURT having reviewed the foregoing Stipulation and Agreement , having reviewed the Court file herein , and being fully advised in the premises , does hereby adopt said Stipulatio-n and Agreement as an Order of -Court this 251 ' day or Jo„Nt 1988 . BY THE COURT : DISTRICT COURT JUDGE • Cie tit D_t G.rfAr7 fu:.,tr end cerrcit 4.)CcriC:r Bi m/ cust3a'Yf}. . • 881219 S 1203 REC 02149301 07/26/88 10 : 50 $30 . 00 2/010 F 1621 MARY ANT 'EUERSTEIN CLERK & RECORD! WELD CO, CO Filed In The District Court of Adams C;•int ( :Iorado JUN 20 '88 DISTRICT COURT, COUNTY OF ADAMS, STATE OF COLORADO I. . .... .. . ichn,ond Case No. 87 PR 211 kc-,i;tr,,r I Dep. Clerk STIPULATION AND AGREEMENT IN THE MATTER OF THE ESTATE OF GLADYS S. CAVANAUGH, Deceased. THIS STIPULATION AND AGREEMENT is made and entered into this day of , 1988, by and between Betty Ann Cavanaugh Williams , Jimmie M. Cavanaugh, Tracy Lee Williams Rains , and Robin K. Williams , all of whom are the interested parties herein, and are the respective beneficiaries either directly or through the testamentary trust of the decedent , Gladys S. Cavanaugh. WITNESSETH: WHEREAS, each of the parties hereto is an interested party and a beneficiary pursuant to the terms and provisions of the Last Will and Testament of Gladys S. Cavanaugh , dated December 7, 1979, and admitted to probate herein, and WHEREAS, pursuant to Article Fifth of said Last Will and Testament of the decedent, Gladys S. Cavanaugh, the beneficiaries , Betty Ann Cavanaugh Williams and Jimmie M. Cavanaugh, have exercised and filed their rights to election as set forth in Article Fifth, A and C, to take their respective 20 acres and improvements surrounding the same, as more fully set forth under the terms of said Will , and WHEREAS, Jimmie M. Cavanaugh and Betty Ann Cavanaugh Williams have each filed separate claims against the estate of the decedent, Gladys S. Cavanaugh, which claims total $32,463.58 for the claim filed by Jimmie M. Cavanaugh, and $34 ,847.44 from the claim filed by Betty Ann Cavanaugh Williams , all as more fully set forth in the claims filed herein , and WHEREAS, subsequent to the date of the decedent making and executing her Last Will and Testament on December 7 , 1979, certain encumbrances were placed against the decedent's real property, which encumbrances were, in part, placed by the decedent and Betty Ann Cavanaugh Williams for the purpose of constructing certain improvements upon the 20 acre parcel then occupied by Betty Ann Cavanaugh Williams , and certain other encumbrances were placed upon a part of the remaining acreage by the decedent and Jimmie M. Cavanaugh , for the purpose of constructing certain improvements to ' that portion of the 881219 B 1203 REC 02149301 07/26/88 10 :50 $30 .00 3/010 F 1622 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO acreage then occupied by the beneficiary, Jimmie M. Cavanaugh, and said loans in part, constitute the basis for the claims which have been filed herein by the respective parties , Betty Ann Cavanaugh Williams and Jimmie M. Cavanaugh , and WHEREAS, on or about June 21, 1976, the decedent, Gladys S. Cavanaugh, executed a Warranty Deed conveying to Jimmie M. Cavanaugh and Pauline Cavanaugh, a certain portion of the real property designated as the machine shop, and the real property upon which it sat, said property being a tract of land approximately 82.30 feet by 133 feet, which deed was recorded on March 20, 1987 , and WHEREAS, numerous disputes have arisen between the parties with respect to the administration of the estate of Gladys S. Cavanaugh, including certain issues related to the assets and improvements to be included or excluded from the probate estate, the indebtedness which is to be or not to be an obligation of the probate estate , and WHEREAS, the parties have caused the real property and improvements to be appraised, and have determined to their satisfaction the allocation of the various assets and indebtedness and resolved various other matters which have been in dispute and desire to reduce the same to writing and make an appropriate division of the estate assets for the mutual benefit and satisfaction of all of the interested parties hereto. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein , it is agreed by and between the parties hereto as follows : 1. The appraisal of Craig Farr, RM, dated April 1, 1988, is hereby accepted by all of the parties as establishing the fair market value of the real property and improvements , subject to the adjustment of such values as agreed upon by the parties which have increased the total value of all lands and improvements appraised as a part of said appraisal (excluding the minimal interests separately devised under the decedent' s Will ) to $356,650.00. 2. Subject to the terms , conditions and stipulations hereinafter set forth, it is understood and agreed by and between the parties , and it is the intent of the parties insofar as is feasible to make distribution of the assets of the estate in kind. The parties shall take as and for their respective shares of the estate the tracts of land as more fully designated on Exhibit "A" attached hereto and described as follows : a. To Betty Ann Cavanaugh Williams , parcel A-1. b. To Jimmie M. Cavanaugh, parcels B-1 and B. c. To the testamentary trust, parcels C and D. It is understood and agreed that parcel A shall be sold by the estate and in connection with the contemplated sale by Betty Ann Cavanaugh Williams of parcel A-1 , parcel A shall be offered and included with parcel A-1 , which is 881219 -2- B 1203 REC 02149301 07/26/88 10 :50 $30 . 00 4/010 F 1623 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO to be distributed to Betty Ann Cavanaugh Williams , thereby resulting in four substantially equal tracts of land, each approximating 40 acres in size. In the event Betty Ann Cavanaugh Williams sells parcel A-1 for more than it has been valued in the estate , then in that event she would be entitled to the excess , if said parcel sells for less , then it would be her loss . It is further expressly understood and agreed by and between the parties that such a division of land and the division of property as set forth in this agreement, is predicated upon approval by Weld County of the breakdown of the property devised by the esta-te upon the basis referred to above and approved by the County of Weld, State of Colorado , insofar as this division is related to county subdivision regulations. 3 . Betty Ann Cavanaugh Williams shall take in kind, the real property and improvements elected under the terms of Article Fifth, paragraph A of the Will , which shall be' the 20 acres described in Exhibit "A" hereto as parcel A-1 . Said parcel A-1 shall include all of the respective improvements thereon , and the parties hereto have agreed that parcel A-1 has a gross value of $121,500.00, and that the value of the horse arena and attached barn ($43 ,560.00) , the various corrals ( $5,000.00) , and garage and sheds ($2,500.00) , shall be excluded from said gross valuation for purposes of determining the value of the share passing to Betty Ann Cavanaugh Williams , which exclusion is predicated upon and conditioned upon Betty Ann Cavanaugh Williams ' assumption and agreement to pay the Federal Land Bank loan encumbering said parcel A-1 (and other acreage) as more fully set forth below. The net value of the real property and improvements thus taken by Betty Ann Cavanaugh Williams pursuant to her to take is established at $81 ,840.00. Taking into account the various administration expenses of the estate, it is anticipated that said valuation will be in excess of the 25% share due Betty Ann Cavanaugh Williams under the terms of the Will and the resulting difference shall be paid to the estate by Betty Ann Cavanaugh Williams upon the terms and conditions hereinafter set forth. 4. Jimmie M. Cavanaugh shall take as the real property and improvements elected under Article Fifth , paragraph C, a 20 acre tract described as parcel B-1 of Exhibit "A" hereto. Said parcel B-1 shall include all of the respective improvements thereon, and the parties hereto have agreed that parcel B-1 has a gross value of $136,500.00, and that the value of certain improvements to the shop and office made by Jimmie M. Cavanaugh in the amount of $5 ,000.00 shall be excluded from the gross valuation of the share to be taken by Jimmie M. Cavanaugh, thereby resulting in the net value of the real property and improvements taken pursuant to the election of Jimmie M. Cavanaugh at $131,500.00. In addition , Jimmie M. Cavanaugh shall receive as a distribution in kind, parcel B (approximately 18.4 acres) , valued pursuant to the terms and provisions of this agreement at $15,250.00 and, Jimmie M. Cavanaugh shall likewise take certain shop machinery and equipment which is to be included as a part of the value of this estate , said shop machinery and equipment being valued at $13,632.00, for a total value of real property, improvements and machinery totalling $160,382.00. Based upon the estimated administration expenses of the estate , it is 'anticipated that said -3- 881219 y B 1203 REC 02149301 07/26/88 10 :50 $30 . 00 5/010 F 1624 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO valuations shall be in excess of the 50% share due Jimmie M. Cavanaugh under the terms of the Will and the resulting difference shall be paid to the estate by Jimmie M. Cavanaugh upon the terms and conditions hereinafter set forth. In making such valuation, it is understood and agreed that Jimmie M. Cavanaugh has included as a part of the probate estate property, the shop and acreage previously deed to him by the decedent, which deed was recorded March 20, 1987. 5. It is expressly understood and agreed that Betty Ann Cavanaugh Williams shall be solely responsible for repayment of that certain indebtedness due to the Federal Land Bank, loan #7918300 0-0 565-0, dated March 18, 1982, in the original principal sum of $51 ,000.00. It is further expressly understood and agreed that said indebtedness is secured by a deed of trust which encumbers acreage in excess of the acreage to be distributed in kind to Betty Ann Cavanaugh Williams pursuant to the terms of this agreement and Betty Ann Cavanaugh Williams hereby covenants and agrees to indemnify and hold harmless the estate and the respective beneficiaries of and from any loss or damage as a result of any default on any payment due on said indebtedness . In addition, it is expressly understood and agreed that Betty Ann Cavanaugh Williams shall undertake the sale of the real property to he distributed to her, and as a part of said sales transaction , it is expressly understood and agreed that the Federal Land Bank Loan shall be released from its encumbrance upon the acreage in excess of the acreage described as parcel A-1 hereunder. 6. It is expressly understood and agreed that Jimmie M. Cavanaugh shall he solely responsible for the repayment of the certain indebtedness due to the Federal Land Bank, on loan ..#791968 4-0 565-0, dated December 16, 1982, in the original principal sum of $49 ,500.00. It is further expressly understood and agreed that said indebtedness is secured by a deed of trust and encumbers acreage in excess of the acreage passing to Jimmie M. Cavanaugh based upon this agreement, and Jimmie M. Cavanaugh hereby covenants and agrees to indemnify and hold harmless the estate and the respective beneficiaries of and from any loss or damage as a result of any default on the payment of said indebtedness . In addition, it is understood that Jimmie M. Cavanaugh shall undertake to cause the existing deed of trust encumbering not only that acreage passing to Jimmie M. Cavanaugh but that acreage passing to the trust , to be released and replaced by a deed of trust encumbering only that acreage passing to Jimmie D. Cavanaugh. It is understood and agreed that the Federal Land Bank has indicated a willingness to do this , however there is no absolute guarantee that Jimmie M. Cavanaugh can cause the remaining acreage to be released from said deed of trust, however every reasonable effort will be made to accomplish said objective. 7. Betty Ann Cavanaugh Williams hereby releases and discharges the claim filed in this action on or about October 21 , 1987, in the total amount of $37,847 .44. It is expressly understood and agreed that any and all promissory notes and/or deeds of trust or other collateral allegedly given to secure payment of the amounts claimed shall be cancelled, released or otherwise discharged and Betty Ann Cavanaugh Williams shall indemnify and hold harmless the estate and the beneficiaries thereof of and from any and all -4- 881219 B 1203 REC 02149301 07/26/88 10 :50 $30 . 00 6/010 F 1625 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO claims whatsoever arising as a result of any promissory note and/or security agreement executed and related to the claim filed herein. 8. Jimmie M. Cavanaugh hereby releases and discharges the claim filed in this action on or about November 20, 1987, in the amount of $32,463.58, provided, however, that portion of the claim in the amount of $1 ,800.00 for rent and other advances on behalf of the decedent during the term of the conservatorship estate shall be allowed and paid as a valid claim of the estate. It is expressly understood and agreed that any and all promissory notes and/or deeds of trust or other collateral allegedly given to secure payment of the amount claimed shall be cancelled, released or otherwise discharged and Jimmie M. Cavanaugh shall indemnify and hold harmless the estate and the beneficiaries of the estate of and from any and all claims whatsoever arising as a result of said promissory notes and security agreement given. 9. Betty Ann Cavanaugh Williams shall , upon distribution of the real property and improvements (parcel A-1) as herein contemplated , provide a mortgagees policy to the estate on parcel A-1, execute and deliver to the estate her promissory note,tsecured by a second deed of trust encumbering all of said property and improvements , in an amount which shall include all of those payments made by the estate (and/or Jim Cavanaugh) on the Federal Land Bank indebtedness referred to in paragraph 5 hereof, which indebtedness is understood to be a sole and separate responsibility of Betty Ann Cavanaugh Williams . Betty Ann Cavanaugh Williams has negotiated a line of credit with Union Colony Bank , Greeley, Colorado, and Union Colony Bank, has agreed to pay the next two loan payments on the Federal Land Bank loan directly to the Federal Land Bank, in order that there be sufficient time for Betty Ann Cavanaugh Williams to sell said property. Said payments or advances on behalf of Betty Ann Cavanaugh Williams are as follows : November 10, 1986, the amount of $11 ,625. 18, June 1 , 1987, the amount of $2 ,847 .58, and on December 17 , 1987 , the amount of $3 ,307 .75. In addition , said note balance shall include the amount by which the net value of the property elected to be taken by Betty Ann Cavanaugh Williams in kind , exceeds the net value of the share due Betty Ann Cavanaugh Williams as finally determined for probate purposes hereunder, following all adjustments for income received by the estate and allocated to various parties and all expenses of administration hereunder. Additionally added to said note balance shall be the amount of $718.78 representing funds removed from the bank account of Gladys S. Cavanaugh from the Union Colony Bank by Betty Ann Cavanaugh Williams . It is expressly understood and agreed that said promissory note shall bear interest at the rate of 12 1/2% per annum, simple interest from the date on which each of the respective payments or advances were made or indebtedness incurred (or determined insofar as the net difference between property taken and probate shares are concerned) . In the event the amount by which the net value of the property elected exceeds the net value of the share cannot be exactly determined at the time of distribution , the best estimate available , based upon the calculations of Ed Brown , as attorney for the estate, shall be utilized to determine the note balance, which amount will be adjusted when such amounts are finally available* SaAa nok s1-c.O be due a«d pay..lole ,1A4ZwU , o., or bePrq Zrosuvy 1, 1989 -5- 881219 B 1203 REC 02149301 07/26/88 10 :50 $30 . 00 7/010 F 1626 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 10. Jimmie M. Cavanaugh shall , upon distribution of the real property and improvements (parcels B-1 and B) and machine shop equipment as herein contemplated, execute and deliver to the estate his promissory notelf secured by a good and valid second deed of trust encumbering the real property and improvements distributed, in an amount equal to that difference by which the net value of the property elected exceeds the net value of the share due Jimmie M. Cavanaugh as finally determined for probate purposes hereunder. It is expressly understood and agreed that said note shall bear interest at the rate of 12 1/2% per annum, simple interest from the date on which such difference is determined pursuant to the terms and conditions hereof. In the alternative , Jimmie M. Cavanaugh may pay to the estate, in cash, the amount of said difference. In the event the amount by which the net value of the property elected exceeds the net value of the share cannot be exactly determined at the time of distribution, the best estimate available , based upon the calculations of Ed Brown, as attorney for the estate , shall be utilized to determine the note balance , which amount will be adjusted vtien such amounts are finally available.*Sad no'#eskc.Ll be dueayd parbk H14,41 ©v‘or becoce Jar.ua.A., 11. It is understood and agreed that that portion of the real property described as parcel A of Exhibit "A" hereto shall be listed and sold by the estate as a part of the tract of land distributed to Betty Ann Cavanaugh Williams (parcel A-1) based on its appraised and agreed value of $11,400.00. The estate shall pay the real estate commission and the title policy on no greater value than the agreed value of $11 ,400.00 together with the other appropriate fees of closing, any value above said amount will be attributed to parcel A-1. The estate shall be entitled to the gross sales price of said parcel A in the amount of $11;400.00, less the share of the real estate commission and other customary closing costs attributable to the said parcel A, provided however, the gross sales price of said parcel A shall in no event be more than 25% less than the appraised value thereof, except upon the express written condition of the estate. 12. Parcels C and D as set forth in Exhibit "A" hereto shall be distributed in kind, to the testamentary trust for the use and benefit of the trust beneficiaries herein, Robin K. Williams and Tracy Lee Williams Rains , at the agreed value of $72,000.00 ($36,000.00 per parcel ) . 13. It is understood by and between the parties hereto that there exists a certain agreement with respect to the use of the domestic well located upon the subject premises , dated July 7 , 1982. In contemplation of the sale of parcel A-1 by Betty Ann Cavanaugh Williams , it is expressly understood and agreed by and between the parties hereto that they shall cause to be placed and installed at said well , at the joint cost of Jimmie M. Cavanaugh and the new purchaser of the subject parcel A-1 to be sold by Betty Ann Cavanaugh Williams , a device for the regulation of said water and a determination of the expense in pumping the same, upon such terms and conditions as Jimmie M. Cavanaugh and the prospective purchaser shall agree. It is expressly understood that the cost of the installation of such regulating and/or measuring devices shall be born one-half by the prospective new purchaser and one-half by Jimmie M. Cavanaugh. 881219 -6- B 1203 REC 02149301 07/26/88 10 :50 $30 .00 8/010 F 1627 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 14. There exists with respect to a certain portion of the real property, an agreement for use of gas , dated December 14, 1973, entered into by and between Frank M. Cavanaugh and the decedent herein and Amoco Production Company, to supply gas, free of charge , for domestic purposes to the principal residences located upon the subject property and more particularly allocated to the use of the real property to be taken by Jimmie M. Cavanaugh pursuant to his election herein. It is expressly understood and agreed that at the present time, Amoco has discontinued service of said gas as a result of certain disputes between the parties , however it is hoped that said gas service can be restored at some certain date in the future. In connection therewith, it is expressly understood and agreed that the sale by Betty Ann Cavanaugh Williams shall specifically exclude any right whatsoever with respect to the gas use agreement. 15. It is understood and agreed that the train engines and cars located in the decedent's house at the time of her death as referred to in Article Third of the Last Will and Testament of Gladys S. Cavanaugh are currently in the possession of Jimmie M. Cavanaugh , in storage , and Jimmie M. Cavanaugh shall deliver the same to Fred Steele, as Guardian Ad Litem, on behalf of the trust beneficiary, Robin K. Williams , and Tracy Lee Williams Rains and Robin K. Williams shall undertake to divide said train engines and cars on an equal or agreeable basis. In the event of their failure to agree , the Guardian Ad Litem shall make said division. 16. It is understood and agreed between the parties that upon the sale of parcel A-1 by Betty Ann Cavanaugh Williams , that Jimmie M. Cavanaugh shall construct a 6 foot high solid fence or wall , which provides 100% screening from the corral area to the garage area , from the Southmost point of parcel A-1 , 106. 15 feet North to a point where said fence shall then run West an additional total of 78.9 feet where it shall end, said ending point being on the Easternmost line of the driveway easement, and upon the Westernmost point of the existing shed now in that location. / mmiye M. Cavanaugh , _ , ,,,; / Betty n avanaughlWi iams/ I(racy Le i iams ains Ro�in K. Williams €831219 7- • B 1203 REC 02149301 07/26/88 10 :50 $30 . 00 9/010 F 1628 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO PREPARED BY: SHELTON, KINKADE AND LAMBDEN, P.C /8Y ' ( ��L�ri_r•---tieeire@. iiG(Jo WW Kin ) #3879 Unio Colony Bank Building 1701 - 23rd Avenue, Suite A Greeley, Colorado 80631 Telephone: 303/352-8673 • APPROVED AS TO FORM: MILLER, MAKKAI & DOWDLE t-r.. By (Dennis M. Miller ) #1792 2325 West 72nd Avenue Denver, Colorado 80221 Telephone: 303/427-7584 DANIEL, McCAIN & BROWN B Ed d Q o1 ��{ war A. Brown) -5$7 Brighton Professional Building 105 Bridge Street Brighton , CO 80601 Telephone: 303/659-0731 FRED W. STEELE By £tit. GO. StkL (Fred W. Steele) # 8)S- 77 3 North Main Street Brighton , CO 80601 Telephone: 303-659-5600 UNION COLONY K _ By 4. 1. ►� 701 23rd Avenue, Suite A re; ey, Colorado 80631 ephone: 303/356-7000 3/jc8 -8- 881219 13 1.)s ILIA., U y bJdd iu : 0 $30 . 00 10/010 7'. F 1629 MARY ANN 'EUERSTEIN CLERK & RECORDEF WELD CO, CO 411 66 �O aL . b0 10.005 apu•o rt i' '"— vc� .00 asv tl • 1 , i 'Ili I I 1/ 1 _1 1 ; 1, / t r 1 1 ? 11 j a 7 1 ,I L ' ;ti .: 4i , 1 ' — o— �.h = ' i ,7. • t 'rl c :i • • U i .. .� 1 •• < •I Uv �1 „ d }' n ten 7 c { , I U 1 J Op 1 .� d . I W 1 i S . W J 1 1: W J:1 i / r`e e eo 0a c U 3 ! 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N ' ( . i -a-11 • ' '1,•.I .i\ tl . { y< L. +� I t. i. 13 1•\ •1 1' ta / iiI"t 'lt YWI 1 • til1 t : -fi 7 •1 '12 BIZ .ON OVOU 1.1NnO0 O13A'A I I CAVANAUGH ESTATE QUARTM SECTION • 20 & 40-acre property division Ekktte i7 A- To SnPuL.P-TrS 4'OA ®!6 ≥eE,n 0 of Case_ 00 . 8 f PI II 881219 IZ °ON (1V0211 ,I.0.1 (moo 013M ---4,rt. •^•1 +c"•3 I ` 66.Lc•�Z•�__. 3-bO , LO.00S °000s'� '• . --- 00049 oo •Bay b 1-C•67 11 it 1 .4r 6 ot] •J f 7• Lii YcI ] ] �d ii'� I :iil ; di ;, iii- M v .1 7 V I y 7 � ) J� 3 11 s ? i,, • .-; W l n ,D d' `l- %. 1 I'� 1` I a ° Q r • o U9 • t•. • �S age N CUoi Wpb , ` i1. s Q 0- 4 W s s •o 7 i .io Q 7 N \ it J \ ..i N J v 1 O a iS i W W3 11 ' uJI J 1 a a 1 OO,OO os U 3 ♦ Orr +�• 1 God WL , 1 pets, aZ cc a cc i.a • I I Q 4 N a d\ aa1 `��, -a �' S N of in a; �� A9 .9 a� V j ° 0. 0 N o N t ate I W • er • 1 ? (nay 0] Z p r I W ' 0gIa1 \ ` I CO s d° 3 • 31 1i °^ i \ i' i �'1 I Ur Nr _ ?? o Zi aji ° ; r j! a m � , a Y ] 1 3 0, Zen ] J 1 0 NI J3' of •r., . yI�J Nr. W ,+ . P7 d . �" I 88♦A i. (n CC ° 1 7 .472 /f ' �,1` 3 Y • I/• p Y ♦ t 4 •\ W • J � •,1• IW/1 j ' � — 1 1, 1(. 1�. t f b y J J � .,1 !i �Ij Ea i3 e p I M�0 I 2 - , tilt • -1_.,r 1 °I' __ — — " a 3. y Loy d \IZ 'ON 0VOB , .Nf10O O13AN • e+ y a` g` .7 7 131 3 .i (9 7 , ytl • a -jS(9 .(' (NIL r7P . mommimmm," milmilmommilmo 3 _1b42-149300 B 1203 ,RF 02149300 07/26/88 10 :47 $9.00 1/003 F 1617 MA,.., ANN FEUERSTEIN CLERK & RLCORDER WELD CO, CO DEED OF DISTRIBUTION BY CO-PERSONAL REPRESENTATIVES (Testate Estate) THIS DEED is made by BETTY ANN CAVANAUGH WILLIAMS and JIMMIE M. CAVANAUGH, as Co-Personal Representatives of the Estate of GLADYS S. CAVANAUGH, Deceased, Grantors, to BETTY ANN CAVANAUGH WILLIAMS of 3872 Weld County Road 21, Fort Lupton, CO 80621, Grantee. WHEREAS, the above-named decedent in her lifetime made and executed her Last Will and Testament dated December 7, 1979, which Will was duly admitted to informal probate on July 8, 1987, by the District Court in and for the County of Adams, and State of Colorado, Case No. 87PR211; and WHEREAS, pursuant to Order of said District Court in and for Adams County, Colorado, in Case No. 87PR211, dated June 22, 1988, BETTY ANN CAVANAUGH WILLIAMS was decreed to be the person entitled to distribution of the real property of said decedent, which real property is described in said Order, and is the same real property hereinafter described and, pursuant to said Order, said Co-Personal Representatives were authorized and directed, pursuant to said Will of said decedent, to convey unto BETTY ANN CAVANAUGH WILLIAMS the lands hereinafter described: PARCEL A-1 That part of the North one-half Northwest one-quarter of Section 14, Township 1 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado, described as: Beginning at the Northwest corner of said North one-half Northwest one-quarter; thence S00°00 ' 00"W along the West line of said North one-half Northwest one-quarter a distance of 657. 69 feet to the Northwest corner of the South one-half said North one-half Northwest one-quarter; thence continuing S00°00 ' 00"W along the West line of said South one-half North one-half Northwest one-quarter a distance of 99 . 65 feet; thence N90°00 ' 00"E a distance of 328 .77 feet; thence S00°10 ' 19"E a distance of 106. 15 feet; thence N57 .46 ' 50"E a distance of 87 .58 feet; thence N41°52 ' 40"E a distance of 75. 00 feet; thence N38°09 ' 30"E a distance of 54.91 feet; thence N32.18 ' 00"E a distance of 32 . 95 feet; thence N23 °06 ' 10"E a distance of 33.54 feet to a point on the South line of the North one-half said North one-half Northwest one-quarter; thence S89°50 ' 54"E along said South line a distance of 719 .57 feet; thence N00°00 ' 00"E parallel with the West line said North one-half Northwest one-quarter a distance of 657 .83 feet to a point on the North line said North one-half Northwest one-quarter; thence N89°51 ' 17"W along said North line a distance of 1238. 60 feet to the Point of Beginning. Subject to Right-of-way for Weld County Road No. 21. NOW, THEREFORE, pursuant to said Orders and to the powers conferred upon the Grantors by the Colorado Probate Code, the Grantors sell, convey, assign, transfer, and set over to the Grantee, her heirs, a:uccessors, and assigns forever, the follow- ing real property in Weld County, Colorado, to-wit: PARCEL A-1 That part of the North one-half Northwest one-quarter of Section 14, Township 1 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado, described as: Beginning at the Northwest corner of said North one-half Northwest one-quarter; thence S00°00 ' 00"W along the West 881219 B 1203 REC 0'149300 07/26/88 10 :47 $9.00 2/003 F 1618 MARY N FEUERSTEIN CLERK & RECO. ,ER WELD CO, CO - 2 - line of said North one-half Northwest one-quarter a distance of 657. 69 feet to the Northwest corner of the South one-half said North one-half Northwest one-quarter; thence continuing S00°00 ' 00"W along the West line of said South one-half North one-half Northwest one-quarter a distance of 99. 65 feet; thence N90'00 '00"E a distance of 328 .77 feet; thence S00°10 '19"E a distance of 106. 15 feet; thence N57°46 '50"E a distance of 87.58 feet; thence N41°52 '40"E a distance of 75. 00 feet; thence N38°09 '30"E a distance of 54. 91 feet; thence N32 .18 '00"E a distance of 32 .95 feet; thence N23 °06' 10"E a distance of 33 . 54 feet to a point on the South line of the North one-half said North one-half Northwest one-quarter; thence S89°50 '54"E along said South line a distance of 719.57 feet; thence N00°00 '00"E parallel with the West line said North one-half Northwest one-quarter a distance of 657. 83 feet to a point on the North line said North one-half Northwest one-quarter; thence N89°51' 17"W along said North line a distance of 1238. 60 feet to the Point of Beginning. Subject to Right-of-way for Weld County Road No. 21. with all its appurtenances, subject to leases, covenants, agreements, rights-of-way, easements, restrictions, and reserva- tions of record and general property taxes for 1988 ; subject to the Deed of Trust to the Federal Land Bank recorded in Book 963, Reception No. 1886135 which Grantee assumes, agrees to pay and hold Grantor harmless therefrom; Oil and Gas Lease. EXECUTED at Brighton , Colorado, this 5th day of July , 1988. 6-1 a , , I - , , • .7 J ,z / ,,, .,7,..e. Bet y Ann Cavanaugh i tams Co-Personal Representative of the Estate of GLADYS S. CAVANAUGH, Deceased , OJimmie Z. Cavanaugh Co-Personal Representative of the Estate of GLADYS S. CAVANAUGH, Deceased STATE OF COLORADO ) ) ss. COUNTY OF ADAMS ) The foregoing instrument was acknowledged before me this 5th day of July , 1988 by BETTY ANN CAVANAUGH WILLIAMS, as Co-Personal Representative of the Estate of GLADYS S. v , ..CAVANAUGH, Deceased. 'I ot4RyW'fTNESS my hand and official seal. � p•w- > My Commission expires: 11/22/88 t Or rr\re 1 l /-, ), .4/ N'o�ary Public 881219 B 1203 REC r 149300 07/26/88 10 :47 $9 . 00 3/003 F 1619 MARY ..NN FEUERSTEIN CLERK & RECORDER WELD CO, CO - 3 - STATE OF COLORADO ) ss. COUNTY OF ADAMS ) The foregoing instrument was acknowledged before me this 5th day of July , 1988 by JIMMIE M. CAVANAUGH, as Co- Personal Representative of the Estate of GLADYS S. CAVANAUGH, Deceased. WITNESS my hand and official seal. V Commission expires: 11/22/88 ,.UpLIC Y~ /�r (it / ,, n Notary Public 72 881219 Ak2149299 B 1203 REC 02149299 07/26/88 10 :46 $6 . 00 1/002 F 1615 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO DEED OF DISTRIBUTION BY CO-PERSONAL REPRESENTATIVES (Testate Estate) THIS DEED is made by BETTY ANN CAVANAUGH WILLIAMS and JIMMIE M. CAVANAUGH, as Co-Personal Representatives of the Estate of GLADYS S. CAVANAUGH, Deceased, Grantors, to CLARK E. SCHROCK and DOROTHY SCHROCK, TRUSTEES OF THE GLADYS S. CAVANAUGH TRUST of 3790 South Huron, Englewood, Colorado 80110 , Grantee. WHEREAS, the above-named decedent in her lifetime made and executed her Last Will and Testament dated December 7, 1979, which Will was duly admitted to informal probate on July 8, 1987, by the District Court in and for the County of Adams, and State of Colorado, Case No. 87PR211; and WHEREAS, pursuant to Order of said District Court in and for Adams County, Colorado, in Case No. 87PR211, dated June 22 , 1988, CLARK E. SCHROCK and DOROTHY SCHROCK, TRUSTEES OF THE GLADYS S. CAVANAUGH TRUST was decreed to be the person entitled to distri- bution of the real property of said decedent, which real property is described in said Order, and is the same real property hereinafter described and, pursuant to said Order, said Co- Personal Representatives were authorized and directed, pursuant to said Will of said decedent, to convey unto CLARK E. SCHROCK and DOROTHY SCHROCK, TRUSTEES OF THE GLADYS S. CAVANAUGH TRUST, the lands hereinafter described: PARCEL C The North one-half South one-half Northwest one-quarter of Section 14, Township 1 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado. Subject to Right-of-way for Weld County Road No. 21. PARCEL D The South one-half South one-half Northwest one-quarter of Section 14, Township 1 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado. Subject to Right-of-way for Weld County Road No. 21. NOW, THEREFORE, pursuant to said Orders and to the powers conferred upon the Grantors by the Colorado Probate Code, the Grantors sell, convey, assign, transfer, and set over to the Grantee, their heirs, successors, and assigns forever, the following real property in Weld County, Colorado, to-wit: PARCEL C The North one-half South one-half Northwest one-quarter of Section 14, Township 1 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado. Subject to Right-of-way for Weld County Road No. 21. PARCEL D The South one-half South one-half Northwest one-quarter of Section 14 , Township 1 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado. Subject to Right-of-way for Weld County Road No. 21. with all its appurtenances, subject to leases, covenants, agreements, rights-of-way, easements, restrictions, and reserva- 881219 B 1203 REC 0214 99 07/26/88 10 :46 $ 00 2/002 F 1616 MARY ANN FEUERSTEIN CLERK & RECORDEl. WELD CO, CO - 2 - tions of record and general property taxes for 1988 ; Oil and Gas Lease. EXECUTED at Brighton , Colorado, this 5th day of July , 1988. et Ann Cavanaug W 1 iams Co-P sonal Representative of the Estate of GLADYS S. CAVANAUGH, Deceased Jimmie M. Cavanaugh i Co-Personal Representative of the Estate of GLADYS S. CAVANAUGH, Deceased STATE OF COLORADO ) ss. COUNTY OF ADAMS ) The foregoing instrument was acknowledged before me this 5th day of July , 1988 by BETTY ANN CAVANAUGH WILLIAMS, as Co-Personal Representative of the Estate of GLADYS S. CAVANAUGH, Deceased. 6WITNESS my hand and official seal. 'rte • sR.”).!A4,J,M42 Commission expires: 11/22/88 U°Lit IA 0C (..d / 7) 77 i . L i i "lam / Notary Public STATE OF COLORADO ) ss. COUNTY OF ADAMS ) The foregoing instrument was acknowledged before me this 5th day of July , 1988 by JIMMIE M. CAVANAUGH, as Co- Personal Representative of the Estate of GLADYS S. CAVANAUGH, Deceased. WITNESS my hand and official seal. t h. . 4fia, 41,7 Commission expires: 11/22/88 01A8 • •` • c / Notary Public r 881219 m t } p�� ¢tea •+ v" rf �s '^ YHA* 21 o `✓ r ..¢- m * �'E� C t"ad✓F ,.t''',."640.17.14' �T `14 7,',:,--tee ''''\ ,) nx- 'l rv. .. ":444, .�� T ^. ..,,M0 -n !: A. .e 5 rc j1'.:, , X I , se,h .ta �Y l:' ` '?•-"; rte • H o NJl/O A 1 4W �y P.,'.1.,..- , ...:;/—....-.. / ` tt: .x'1'4 - '.. • " el / .".'„-4.' \( m m "^ pir{p�s 'ii". VII .., 'rye N • ky C i i, ri V ‘--I N, .,..... :iv:. j ) ...,.V.AKags *s' MJl/. ty,c(i. , ..._, � �T- * ' c m ,�'t>A2 � Y = icxi ii " . �.. . " "'xA..e.. d F...�i 3� �+ i... Mz / r *--1='. , Li'V7 ,..17Nne. i s_, .c,A fr r ✓~ Y, k Y ={t ."ti '6 yid �J •s J � x"2- 's'f z .. m wS-aA}t x vl 4 r .! . • 'it Y s Y .M E m 4'n O i CO �ni—;;;'IC 14: . 4, .".....:144C‘stib< , ' '.b ''''< l l Yy Aix." " �xsn; , „ ,i N4 r,, tice,... ,r . y. _ y 9 N S ' c ?k H # am f ti , Dn..;. bi a1 �� .. -.."--4,(I. r •.. (6L!says�wof) gg9 uxn'S. .,'. ...211(. R. it1�., • ,.i' 4 _r :1� WELD COUNTY, COLORADO, SOUTHERN PART 23 Windbreaks and environmental plantings of trees and The potential native vegetation is dominated by blue shrubs commonly grown in the area are generally well grama. Several mid grasses, such as western wheatgrass suited to this soil. Cultivation to control competing and needleandthread, are -also present. Potential produc- vegetation should be continued for as many years as tion ranges from 1,600 pounds per acre in favorable years possible following planting. Trees that are best suited and to 1,000 pounds in unfavorable years. As range condition have good survival are Rocky Mountain juniper, eastern deteriorates, the mid grasses decrease; blue grama, buf- redcedar, ponderosa pine, Siberian elm, Russian-olive, and falograss, snakeweed, yucca, -and fringed sage increase; hackberry. The shrubs best suited are skunkbush sumac, and forage production drops. Undesirable weeds and an- Siberian peashrub, lilac, and American plum. nuals invade the site as range condition becomes poorer. Wildlife is an important secondary use of this soil. The Management of vegetation on this soil should be based cropland areas provide favorable habitat for ring-necked on taking half and leaving half of the total annual produc- pheasant and mourning dove. Many nongame species can tion. Seeding is desirable if the range is in poor condition. be attracted by establishing areas for nesting and escape Sideoats grama, little bluestem, western wheatgrass, blue cover. For pheasants, undisturbed nesting cover is essen- grama, pubescent wheatgrass, and crested wheatgrass are tial and should be included in plans for habitat develop- suitable for seeding. The grass selected should meet the ment, especially in areas of intensive agriculture. seasonal requirements of livestock. It can be seeded into This soil has good potential for urban and recreational a clean, firm sorghum stubble, or it can be drilled into a development. Increased population growth in the survey firm prepared seedbed. Seeding early in spring has area has resulted in increased homesite construction. The proven most successful. chief limiting feature for urban development and road Windbreaks and environmental plantings of trees and construction is the limited capacity of the soil to support shrubs commonly grown in the area are generally well a load. Septic tank absorption fields function properly, but suited to this soil. Cultivation to control competing community sewage systems should be provided if the vegetation should be continued for as many years as population density increases. Because of the permeability Possible following planting. Trees that are best suited and of the substratum, sewage lagoons must be sealed. have good survival are Rocky Mountain juniper, eastern Lawns, shrubs, and trees grow well. Capability class I redcedar, ponderosa pine, Siberian elm, Russian olive, and ir- rigated. hackberry. The shrubs best suited are skunkbush sumac, 32—Kim loam, 1 to 3 percent slopes. This is a deep, lilac, Siberian peashrub, and American plum. well drained soil on smooth plains and alluvial fans at Wildlife is an important secondary use of this soil. The elevations of 4,900 to 5,250 feet. It formed in mixed eolian cropland areas provide favorable habitat for ring-necked deposit and pheasant and mourning dove. Many nongame species can p parent sediment from a wide variety of be attracted by establishing areas for nesting and escape bedrock. Included in mapping are small areas of soils that cover. For pheasants, undisturbed nesting cover is essen- have loamy sand underlying material. tial and should be included in plans for habitat develop- Typically the surface layer is brown and pale brown ment, especially Range- loam about 12 inches thick The upper 28 inches of the un- in areas mp of intensive agriculure.derlying material is pale brown loam. The lower part to a atland wildlife,by for example, the livestock khorn egantelope, can be depth of 60 inches is pale brown fine sandy loam. managing aa v developinggrazing, drs watering facilities, livestock and reseeding where needed. Permeability is moderate. Available water capacity is This soil has good potential for urban and recreational high. The effective rooting depth is 60 inches or more. development. Increased population growth in the survey Surface runoff is medium, and the erosion hazard is low. area has resulted in increased homesite construction. The In irrigated areas this soil is suited to all crops corn- chief limiting soil feature for urban development and road monly grown in the area, including corn, sugar beets, construction is the limited capacity of this soil to support beans, alfalfa, small grain, potatoes, and onions. An exam- a-load. Septic tank-absorption fields function properly, but ple of a suitable cropping system is 3 to 4 years of alfalfa community sewage systems should be provided if the followed by corn, corn for silage, sugar beets, small grain, population density increases. Because of the permeability or beans. Land leveling, ditch lining (fig. 6), and installing of the substratum, sewage lagoons must be sealed. pipelines may be needed for proper water applications. Lawns, shrubs, and trees grow well. Capability subclass All methods of irrigation are suitable, but furrow ir- Ile irrigated, IVe nonirrigated; Loamy Plains range site. rigation is the most common. Barnyard manure and com- 33—Kim loam, 3 to 5 percent slopes. This is a deep, mercial fertilizer are needed for top yields. well drained soil on plains and alluvial fans at elevations In nonirrigated areas this soil is suited to winter wheat, of 4,900 to 5,250 feet. It formed in mixed eolian deposits barley, and sorghum. -Most of the acreage is planted to and parent sediment from a wide variety of bedrock. In- winter wheat and is summer fallowed in alternate years eluded in mapping are small areas of soils that have to allow moisture accumulation. Generally precipitation is loamy sand underlying material. too low for beneficial use of fertilizer. Typically the surface layer is brown and pale brown Stubble mulch fanning, striperopping, and minimum til- loam about 10 inches thick. The upper 28 inches of the un- age are needed to control soil blowing and water erosion. derlying material is pale brown loam. The lower part to a Terracing also may be needed to control water erosion. depth of 60 inches is pale brown fine sandy-loam. 881219 24 SOIL SURVEY Permeability is moderate. Available water capacity is land wildlife, for example, the pronghorn antelope, can h,‘ high. The effective rooting depth is 60 inches or more. attracted by developing livestock watering facilitia::. Surface runoff is medium, and the erosion hazard is managing livestock grazing, and reseeding where needs- '. moderate. This soil has good potential for urban-and recrc. .;t .. In irrigated areas this soil is suited to crops commonly development. Increased population growth in the sure grown in the area. Perennial grasses and alfalfa or close area has resulted in increased homesite construction. Th- grown crops should be grown at least 50 percent of-the chief limiting soil feature for urban development and road time. Contour ditches and corrugations canbe used in ir- construction is the limitedcapacity of this soil to support rigating close grown crops and pasture. Furrows, contour a load. Septic tank absorption fields function properly, but furrows, and cross slope furrows are suitable for row community sewage systems should be provided if tht crops. Sprinkler irrigation is also suggested. Keeping til- population density increases. Because of the permeability lage to a minimum and utilizing crop residue help to con- of the substratum, sewage lagoons must be sealed trol erosion. Maintaining fertility is important. Crops Lawns, shrubs, and trees grow well. Capability subclass respond to applications of phosphorus and nitrogen. IIIe irrigated, Ne nonirrigated; Loamy Plains range site In nonirrigated areas this soil is suited to winter wheat, barley, and sorghum. Most of the acreage is planted to 34—Kim loam, 5 to 9 percent slopes. This is a deer; winter wheat. The predicted average yield -is 28 bushels well drained soil on plains and alluvial fans at elevatio:t. per acre. The soil is summer fallowed in alternate years of 4,900-to 5,250 feet. It formed in mixed eolian deposit. to allow moisture accumulation. Generally precipitation is and parent sediment from a wide variety of bedrock. In too low for beneficial use of fertilizer. eluded in mapping are small areas of -soils that have Stubble mulch farming, striperopping, and minimum til- loamy sand underlying materiaL lage are needed to control soil blowing and water erosion. Typically the surface layer is brown and pale brown Terracing also may be needed to control water erosion. loam about 10 inches thick. The upper 25 inches of the un The potential native vegetation is dominated by blue derlying material is pale brown loam. The lower part to grama. Several mid grasses, such as western wheatgrass depth of 60 inches is pale brown fine sandy loam. and needleandthread, are also present. Potential produc- Permeability is moderate. Available water capacity i tion ranges from 1,600 pounds per acre in favorable years hign. The effective rooting depth is 60 inches or more to 1,000 pounds in unfavorable years. As range condition Surface runoff is rapid, and the erosion hazard is deteriorates, the mid grasses decrease; blue grama, but- moderate. falograss, snakeweed, yucca, and fringed sage increase; This soil is suited -to limited cropping. Intensive and forage production drops. Undesirable weeds and an- cropping is hazardous because of erosion. The croppin; nuals invade the site as range condition becomes poorer. system should be limited to such close grown crops as al Management of vegetation on this soil should be based falfa, wheat, and barley. This soil also is suited to ir on taking half and leaving half of the total annual produc- rigated pasture. A suitable cropping system is 3 to . tion. Seeding is desirable if the range is in poor condition. years of alfalfa followed by 2 years of corn and smal Sideoats grama, little bluestem, western-wheatgrass, blue grain and alfalfa seeded with a nurse crop. grama, pubescent wheatgrass, and crested wheatgrass are Close grown crops can be irrigated from closely space( suitable for seeding. The grass selected should meet the contour ditches or sprinklers. Contour furrows or sprin seasonal requirements of livestock It can be seeded into khrs should be used for new crops. Applications o a clean, firm sorghum stubble, or it can be drilled into a nitrogen and phosphorus help in maintaining good produc firm prepared seedbed. Seeding early in spring has tion. proven most successful. The potential native vegetation is dominated by blu Windbreaks and environmental plantings of trees and grama. Sideoats grama, little bluestem, western wheat shrubs commonly grown in the area are generally well grass, and sedge are also prominent. Potential productio, suited to this soil. Cultivation to control competing ranges from 1,800 pounds per acre in favorable years t vegetation should be continued for as many years as 1,500 -pounds in unfavorable years. As range conditio: possible following planting. Trees that are best suited and deteriorates, the sideoats grama and little bluester have good survival are Rocky Mountain juniper, eastern decrease; forage production drops; and blue grama, but redcedar, ponderosa pine, Siberian elm, Russian-olive, and falograss, and several perennial forbs and shrubs in hackberry. The shrubs best suited are skunkbush sumac, crease. Undesirable weeds and annuals invade the site a lilac, Siberian peashrub, and American plum. range condition becomes poorer. Wildlife is an important secondary use of this soil. The Management of vegetation should be based on takin cropland areas provide favorable habitat for ring-necked half and leaving half of the total annual production. Seec pheasant and mourning dove. Many nongame species can ing is desirable if the range is in poor condition. Sideoat be attracted by establishing areas for nesting and escape grams, little bluestem, western wheatgrass, and pc cover. For pheasants, undisturbed nesting cover is essen- bescent wheatgrass are suitable for seeding. The gras tial and should be included in plans for habitat develop- selected should meet the seasonal needs of livestock. I ment, especially in areas of intensive agriculture. Range- can be seeded into a clean, firm sorghum stubble, or i 881219 WELD COUNTY, COLORADO, SOUTHERN PART 25 can be drilled into a firm prepared seedbed. Plowing and Permeabilty is rapid. Available water capacity is drilling on the contour minimize runoff and soil losses. moderate. The water table is usually about 24 to 36 inches Seeding early in spring has proven most successful. below the surface. Surface runoff is slow, and the erosion Windbreaks and environmental plantings are generally hazard is low. well suited to this soil. Cultivation to control competing This unit is used as rangeland and irrigated-cropland. vegetation should be continued for as many years as Cropping in irrigated areas is limited to the crops possible following planting. Trees that are best suited and tolerant of water and salts. Light, frequent irrigations by have good survival are Rocky Mountain juniper, eastern furrows and flooding reduce the salts accumulation. redcedar, ponderosa pine, Siberian elm, Russian-olive, and Pasture is the best use. Tall wheatgrass, tall fescue, and hackberry. The shrubs best suited are skunkbush sumac, annual sweetclover are some of the best suited crops. lilac, Siberian peashrub, and American plum. Commercial fertilizers improve the amount and value of Wildlife is an important secondary use of this soil. The forage produced. cropland areas provide favorable habitat for ring-necked The potential native vegetation on this unit is pheasant and mourning dove. Many nongame species can dominated by switchgrass, little bluestem, sand reedgrass, be attracted by establishing areas for nesting and escape and western wheatgrass. Indiangrass, sand bluestem, cover. For pheasants, undisturbed nesting cover is essen- prairie cordgrass, slender wheatgrass, alkali sacaton, salt- tial and should be included in plans for habitat develop- grass, sedge, and rush are also present. Potential produc- ment, especially in areas of intensive agriculture. Range- tion ranges from 4,000 pounds per acre in favorable years land wildlife, for example, the pronghorn antelope, can be to 3,000 pounds in unfavorable years. As range condition attracted by developing livestock watering facilities, deteriorates, the switchgrass, sand bluestem, indiangrass, managing livestock grazing, and reseeding where needed. little bluestem, and prairie cordgrass decrease and salt- This soil has good potential for urban and recreational grass, blue grama, sand dropseed, sedge, and rush in- development. Increased population growth in the survey crease. Undesirable weeds and annuals invade the site as area has resulted in increased homesite construction. The range condition becomes poorer. chief limiting soil feature for urban development and road Management of vegetation on this unit should be based construction is the limited capacity of this soil to support on taking half and leaving half of the total annual produc- a load. Septic tank absorption fields function properly, but tion. Seeding is desirable if the range is in poor condition. community sewage systems should be provided if the Switchgrass, sand bluestem, sand reedgrass, western population density increases. Because of the permeability wheatgrass, indiangrass, pubescent wheatgrass, and inter- of the substratum, sewage lagoons must be sealed. mediate wheatgrass are suitable for seeding. The plants Lawns, shrubs, and trees grow well. Capability subclass selected should meet the seasonal requirements of IVe irrigated, VIe nonirrigated; Loamy Plains range site. livestock. They can be seeded into a clean, firm sorghum 35—Loup-Boel loamy sands, 0 to 3 percent slopes. stubble, or they can be drilled into a firm prepared This level to nearly level map unit is on stream bottoms seedbed. Seeding early in spring has proven most success- and in drainageways of the sandhills at elevations of 4,550 fuL Capability subclass IVw irrigated, VIw nonirriated; to 4,750 feet. The Loup soil occupies the lower or depres- Sandy Meadow range site. sional areas, which receive additional runoff. It makes up 36—Midway-Shingle complex, 5 to 20 percent slopes. about 55 percent of the unit. The Boel soil occupies the This moderately sloping to strongly sloping map unit is on slightly higher elevations. It makes up about 35 percent upland hills and ridges at elevations of 5,050 to 5,250 feet. of the unit. About 10 percent of the unit is Osgood sand The Midway soil makes up about 50 percent of the unit, and Valent sand. and the Shingle soil about 35 percent. About 15 percent is The Loup soil is deep and poorly drained. It formed in Renohill clay loam and Tassel fine sandy loam. The Mid- sandy alluvium. Typically the surface layer is very dark -way soil differs from the Shingle soil in having more than grayish brown, mottled loamy sand about 16 inches thick. 35 percent clayin the underlying material. ''he upper 24 inches of the underlying material is light The Midway soil is shallow and well drained. It formed brownish gray, mottled loamy sand. The lower part to a in residuum from calcareous shale. Typically the surface depth of 60 inches is light brownish gray, mottled sandy -layer is light olive brown clay about 7 inches thick. The loam. underlying material is light brownish gray clay about 6 Permeability is rapid. Available water capacity is inches thick. Depth to calcareous clayey shale is about 13 moderate. The water table is at or near the surface in inches. epring and about 36 inches below the surface in the fall. Permeability is slow. Available water-caF.eity -is low. .surface runoff is slow, and the erosion hazard is low. The effective rooting depth is10 to 20 inches. Surface ru- The Boel soil is deep and somewhat poorly drained. It noff-is rapid, and theerosion hazard is moderate to high. I.,rmed in stratified sandy alluvium. Typically the surface The Shingle soil also is shallow and well drained and layer is grayish brown-loamy sand about 14 inches thick. formed in residuum from calcareous shale. Typically the "he underlying material to-a depth of 60 inches is pale surface layer is grayish brown loam about 6 inches thick. rcnvn and very pale brown, stratified, mottled loamy The underlying material is light yellowish brown clay and. loam about 12 inches thick. Depth to calcareous clayey 881219 q. ..ni..Wa:n.Vu......... .. ..........:.. ..... .n..'.r. ,..... n N—.w -.......ry..�rv.. .. ..0 Yiwo. ...: . ...:ri. ..uii..iiM... u .a ...r.,n,s.. •.v6r�J+. ..nef, WELD COUNTY, COLORADO, SOUTHERN PART 39 1 small grain or irrigated pasture. This soil has severe orates, the mid grasses decrease and forage production + restrictions and requires very careful management. Most drops. Undesirable weeds and annuals invade the site as irrigation methods are suitable, but the length of runs range condition becomes poorer. should be short to prevent overirrigation. Light, frequent Management of vegetation on this soil should be based irrigations are best. Barnyard manure and commercial on taking half and leaving half of the total annual produc- fertilizer are needed for normal yields. tion. Seeding is desirable if the range is in poor condition. The potential native vegetation is dominated by alkali Western wheatgrass, blue grama, alkali sacaton, sideoats sacaton, western wheatgrass, and blue grama. Buf- grama, little bluestem, pubescent wheatgrass, and crested falograss, -sideoats grama, needleandthread, little wheatgrass are suitable for seeding. The grass selected bluestem, sedge, winterfat, and fourwing saltbush are also should meet the seasonal requirements of livestock. It can present. Potential production ranges from 800 pounds per be seeded into a clean, firm sorghum stubble or it can be acre in favorable years to 500 pounds in unfavorable drilled into a firm prepared seedbed. Seeding early in years. As range condition deteriorates, the mid grasses spring has proven most successful. decrease and forage production drops. Undesirable weeds Windbreaks and environmental plantings are generally and annuals invade the site as range condition becomes not suited to this soil. Onsite investigation is needed to poorer. determine if plantings are feasible. Management of vegetation on this soil should be based Rangeland wildlife, such as antelope, -cottontail, and on taking half and leaving half of the total annual produc- coyote, are best suited to this soil. Because forage produc- i tion. Seeding is desirable if the range is in poor condition. tion is typically low, grazing management is needed if Western wheatgrass, blue grama, alkali sacaton, sideoats livestock and wildlife share the range. Livestock watering grama, little bluestem, pubescent wheatgrass, and crested facilities also are utilized by various wildlife species. wheatgrass are suitable for seeding. The grass selected This soil has poor potential for urban and recreational should meet the seasonal requirements of livestock. It can development. The chief limiting feature is the shallow be seeded into a clean, firm sorghum stubbleor it can be depth to shale. Capability subclass VIe irrigated, VIe drilled into a firm prepared seedbed. Seeding early in nonirrigated; Shaly Plains range site. spring has proven most successful. 60—Shingle-Renohill complex, 3 to 9 percent slopes. Windbreaks and environmental plantings are generally This gently sloping to moderately sloping map unit is on not suited to this soil. Onsite investigation is needed to plains, hills, and ridges at elevations of 4,600 to 4,750 feet. determine if plantings are feasible. The Shingle soil makes up about 65 percent of the unit, Rangeland wildlife, such as antelope, cottontail, and and the Renohill soil about 25 percent. About 10 percent coyote, are best suited to this soil. Because forage produc- is Tassel fine sandy loam. The Shingle soil occupies the tion is typically low, grazing management is needed if steeper, convex parts of the landscape, and the Renohill livestock and wildlife share the range. Livestock watering soil occupies the less steep, slightly concave positions. facilities also are utilized by various wildlife species. The Shingle soil is shallow and well drained. It formed This soilhas poor potential for urban development. The in residuum from calcareous shale. Typically the surface chief limiting feature is the shallow depth to shale. Capa- layer is grayish brown loam about 6 inches thick. The un- bility subclass IVs irrigated, VIs nonirrigated; Shaly derlying material is light yellowish brown clay loam. Cal- Plains range site. careous clayey shale is at a depth of about 18 inches. 59—Shingle loam, 3 to 9 percent-slopes. This is a shal- Permeability is moderate. Available water capacity is low, well drained soil on upland hills and ridges at eleva- low. The effective rooting depth is 10 to 20 inches. Sur- tions of 4,850-to 5,200 feet. It formed in residuum from face runoff is medium to rapid, and the erosion hazard is shale. Included in mapping are some small outcrops of moderate. shale and sandstone. The Renohill soil is moderately deep and well drained. Typically the surface layer is grayish brown loam about It formed in residuum from shale. Typically the surface 4 inches thick. The underlying material is light yellowish layer is grayish brown clay loam about 9 inches thick. The brown clay loam about 10 inches thick. Shale is at a depth -subsoil is grayish brown and pale brown clay-loam about of about 16 inches. 14 inches thick. The substratum is clay loam. Shale is at a Permeability is moderate. Available water-capacity is depth of about 32 inches. low. The effective rooting depth is 10 to 20 inches. Sur- Permeability :is slow. Available water capacity is face runoff is medium to rapid, and the erosion hazard is moderate. The effective rooting depth is 20 to-40 inches. moderate. Surface runoff is rapid, and the erosion hazard is The potential native vegetation on this soil is moderate. dominated by alkali sacaton, western wheatgrass, and This unit is used for rangeland and wildlife habitat. The blue grams. Buffalograss, sideoats grama, needle- potential native vegetation on the Shingle soil is andthread, little bluestem, sedge, winterfat, and fourwing dominated by alkali sacaton, western wheatgrass, and saltbush are also present. Potential production ranges blue grams. Buffalograss, sideoats grama, needle- from 800 pounds per acre in favorable years to 500 andthread, little bluestem, sedge, winterfat, and fourwing pounds in unfavorable years. As range condition deteri- saltbrush are also present. Potential production ranges 881219 • 50 SOIL SURVEY sugar beets, small grain, or beans. Few conservationprac- The potential native vegetation is dominated by blue tices are needed to maintain top yields. grama. Several mid grasses, such as western wheatgrass All methods of irrigation are suitable, but furrow ir- and needleandthread, are also present. Potential produc- rigation is the most common. Barnyard manure and corn- tion ranges from 1,600 pounds per acre in favorable years mercial fertilizer are needed for top yields. to 1,000 pounds in unfavorable -years. As range condition Windbreaks and environmental plantings generally are deteriorates, the mid grasses decrease; blue grama, buf- well suited -to this soil. Summer fallow a year before falograss, snakeweed, yucca, and fringed sage increase; planting and continued cultivation for weed control -are and forage production drops. Undesirable weeds and an- needed to insure establishment and survival of plantings. nuals invade the site as range condition becomes poorer. Trees that are best suited and have good survival are Management of-vegetation on this soil should be based Rocky Mountain juniper, eastern redcedar, ponderosa on taking half and leaving half of the total annual produc- pine, Siberian elm, Russian-olive, and hackberry. The tion. Seeding is desirable if the range is in poor condition. shrubs best suited are skunkbush sumac, lilac, Siberian Sideoats grama, little bluestem, western wheatgrass, blue peashrub,and American plum. grama, pubescent wheatgrass, and crested wheatgrass are Openland wildlife, such as pheasant, mourning dove, suitable for seeding. The grass selected should meet the and cottontail, are best suited to this soil. Wildlife habitat seasonal requirements of livestock. It canbe seeded into development, including tree and shrub plantings and a clean, firm sorghum stubble, or it can be drilled into a grass plantings to serve as nesting areas, should be suc- firm prepared seedbed. Seeding early in spring has cessful without irrigation in most years. Under irrigation, proven most successful. good wildlife habitat can be established, benefiting many Windbreaks and environmental plantings are generally kinds of openland wildlife. well suited to this soil. Summer fallow a year before This soil has good potential for urban and recreational planting -and continued cultivation for weed control -are development. The chief -limiting soil features for urban needed to insure establishment and survival of plantings. development are the shrink-swell potential of the subsoil Trees that are best suited and have good survival .are as it wets and dries and the limited capacity of the soil to Rocky Mountain juniper, eastern redcedar, ponderosa support a load. Lawns, shrubs, and trees grow well. Caps- pine, Siberian elm, Russian-olive, and hackberry. The bility class I irrigated. shrubs best suited are skunkbush sumac, lilac, Siberian 79—Weld loam, 1 to 3 percent slopes. This is a deep, peashrub, and American plum. well drained soil on smooth plains at elevations of 4,850 to Openland wildlife, such as pheasant, mourning dove, 5,000 feet. It formed in eolian deposits. Included in and cottontail, are best suited to this soil. Wildlife habitat mapping are-small areas of soils that have a subsoil of development, including tree and shrub plantings and loam and light clay loam. Also included are some leveled grass plantings to serve as nesting areas, should be suc- areas. cessful without irrigation durin g g most years. Under ir- Typically the surface layer of this Weld soil is brown rigation, good wildlife habitat can be established, benefit- loam about 8 inches thick. The subsoil is brown and pale ing many kinds of openland wildlife. brown heavy clay loam and light clay about 20 inches This soil has good potential for urban and recreational thick. The substratum to-a depth of 60 inches is silt-loam. development. The -chief limiting soil features for urban Permeability is slow. Available -water capacity is high. development are the shrink-swell potential of the subsoil The effective rooting depth is 60 inches or more. Surface as it wets and dries and the limited capacity of the soil torunoff is slow, and the erosion hazard is low. support a load. Lawns, shrubs, and trees grow well. Capa- In irrigated areas this soil is suited -to all crops com- bility subclass Ile irrigated, Illc nonirrigated; Loamy monly grown in the area, including corn, sugar beets (fig. Plains range site. 8), beans,-alfalfa, small grain, and onions. An example of a 80—Weld loam, 3 to 5 percent slopes. This is a-deep, suitable cropping system is 3 to 4 years of alfalfa fol- well drained soil on plains at elevations of4,850 to 5,000 lowed by corn, corn for silage, sugar beets, small grain, or feet. It formed in eolian deposits. Included in mapping are beans. Land leveling, ditch lining, and installing pipelines small areas of soils that have a subsoil of loam and light are needed for proper water applications. clay loam. All methods of irrigation are suitable, but furrow ir- Typically the surface layer is brown loam about 8 rigation is the most common. Barnyard manure and com- inches thick. The subsoil is brown and pale brown heavy mercial fertilizer are needed for top yields. clay loam and light clay about 18 inches thick. The sub- This soil is well suited to winter wheat, barley, and stratum toa depth of 60 inches is silt loam. sorghum if it is summer fallowed in alternate years. Permeability is slow. Available water capacity is high. Winter wheat is the principal crop. The predicted average The effective rooting depth is 60 inches or more. Surface yield is 33 bushels per acre. If the crop is winterkilled, runoff is medium, and the erosion hazard is moderate. spring wheat can be-seeded. Generally precipitation is too In irrigated areas thissoil is suited to most of the crops low for beneficial use of fertilizer. commonly grown in the area, such as corn, alfalfa, wheat, Stubble mulch farming, striperopping, and minimum til- and barley. Sugar beets are often grown. The soil is lage are needed to control soil blowing and water erosion. suited to irrigated pasture. Ditch lining and installing Terracing also may be needed to control water erosion. pipelines are needed for proper water application. o81219 52 SOIL SURVEY the limited capacity of this soil to support a load. Capa- Management of vegetation on this soil should be based bility class I irrigated. on taking half and leaving half of the total annual produc- 82—Wiley-Colby complex, 1 to 3 percent slopes. This tion. Seeding is desirable if the range is in poor condivo,,.. nearly level map unit is on smooth plains in the western Sideoats grama, little bluestem, western wheatgrass, bn.c part of the survey area at elevations of 4,850 to 5,000 grama, pubescent wheatgrass, and crested wheatgrass are feet. The Wiley soil makes up about 60 percent of the suitable for seeding. The grass selected should meet the unit, and the Colby soil about 30 percent. About 10 per- seasonal requirements of livestock. It can be seeded into cent is Heldt silty clay and Weld loam. a clean, firm sorghum stubble or it can be drilled into a The Wiley soil is deep and well drained. It formed in firm prepared seedbed. Seeding early in spring has calcareous eolian deposits. Typically -the surface layer -is proven most successful. pale brown silt loam about 11 inches thick. The subsoil is Windbreaks and environmental plantings are generally pale brown silty clay loam about 23 inches thick. The sub- well suited to these soils. Cultivation to control competing stratum to a depth of 60 inches is very pale brown silty vegetation should be continued for as many years as clay loam. possible following planting. Trees that are best suited and Permeability is moderately slow. Available water have good survival are Rocky Mountain juniper, eastern capacity is high. The effective rooting depth is 60 inches redcedar, ponderosa pine, Siberian elm, Russian-olive, an,: or more. Surface runoff is medium, and the erosion hackberry. The shrubs best suited are skunkbush sumac, hazard is moderate. lilac, Siberian peashrub, and American plum. The Colby soil also is deep and well drained and formed Openland wildlife, such as pheasant, mourning dove, in calcareous eolian deposits. Typically the surface layer and cottontail are best suited to these soils. Wildlife is pale brown loam about 7 inches thick. The underlying habitat development, including tree and shrub plantings material is very pale brown silt loam to a depth of 60 and grass plantings to serve as nesting areas, should be inches. successful without irrigation during most years. Under ir- Permeability is moderate. Available water capacity is rigation, good wildlife habitat can be established, benefit- high. The effective rooting :depth is 60 inches or more. ing many kinds of openland wildlife. Surface runoff is medium, and the erosion hazard is The Wiley soil has only fair potential for urban and moderate. recreational development. Slow permeability, moderate This map unit -is used for irrigated and nonirrigated shrink-swell potential, and limited bearing capacity cause cropland and for rangeland, wildlife habitat, and urban problems in dwelling and road construction. The Colby development. soil has good potential for urban and recreational develop- In irrigated areas these soils are suited to all crops ment. Road design canbe modified to compensate for the commonly grown in the area, including corn, sugar beets, limited capacity ofthis soil to support a load. Capability beans, alfalfa, small grain, and onions. An example of a subclass Ile irrigated, IVe nonirrigated; Loamy Plains suitable cropping system is 3 to 4 years of alfalfa fol- range site. lowed by corn, corn for silage, sugar beets, small grain, or 83—Wiley-Colby complex, 3 to 5 percent slopes. This beans. Land leveling, ditch lining, and installing pipelines gently sloping map unit is on plains at elevations of 4,850 may be needed for proper water applications. to 5,000 feet. The Wiley soil makes up about 60 percent of All methods of irrigation are suitable, but furrow ir- -the unit, and the Colby soil about 30 percent. About 10 rigation is the most common. Barnyard manure and com- percent is Heldt silty clay and Weld loam. mercial fertilizer are needed for top yields. The Wiley soil is deep and well drained. It formed in In nonirrigated areas these soils are suited to winter calcareous eolian deposits. Typically the surface layer is wheat, barley, and sorghum. Most -of the acreage is pale brown silt loam about11 inches thick. The subsoil is planted to winter wheat. The predicted average yield is pale brown silty clay loam about 23 inches thick. The sub- 28 bushels per acre. The soil is summer fallowed in al- stratum to a depth of 60 inches is-very pale brown silty ternate years to allow moisture accumulation. Generally clay loam. precipitation is too low for beneficial use of fertilizer. Permeability is moderately slow. Available water Stubble mulch farming, striperopping, and minimum til- capacity is high. The effective rooting depth is 60 inches lage are needed to control soil blowing and water erosion. or more. Surface runoff is medium to rapid, and the ero- Ten-acing also may be needed to control water erosion. sion hazard is moderate. The potential native vegetation is dominated by blue The Colby soil also is deep and well drained and formed grama. Several mid grasses such as western wheatgrass in calcareous eolian deposits. Typically the surface layer and needleandthread are also present. Potential produc- is pale brown loam about 7 inches thick. The underlying tion ranges from 1,600 pounds per acre in favorable years material is very pale brown silt loam to a depth of 60 to 1,000 pounds in unfavorable years. As range condition inches. deteriorates, the mid grasses decrease; blue grama, buf- Permeability is moderate. Available water capacity is falograss, snakeweed, yucca and fringed sage increase; high. The effective rooting depth is 60 inches or more. and forage production drops. Undesirable weeds and an- Surface runoff is medium to rapid, and the erosion hazard nuals invade the site as range,condition becomes poorer. is moderate. 881219 WELD COUNTY, COLORADO, SOUTHERN PART 53 This unit is used for irrigated and nonirrigated The Wiley soil has only fair potential for urban and cropland and for rangeland, wildlife habitat, and urban recreational development. Slow permeability, moderate development. shrink-swell potential, and limited bearing capacity cause In irrigated areas these soils are suited to the crops problems in dwelling and road construction. The Colby commonly grown in the area. Perennial grasses and alfal- soil has good potential for urban and recreational develop- fa or close grown crops should be grown at least 50 per- ments. Road design can be modified to compensate for cent of the time. Contour ditches and corrugations can be the limited capacity of this soil to support a load. Capa- used in irrigating close grown crops and pasture. Fur- bility subclass IIIe irrigated, IVe nonirrigated; Loamy rows, contour furrows, and cross slope furrows are suita- Plains range site. ble for row crops. Sprinkler irrigation is also desirable. Keeping tillage to a minimum and utilizing crop residue Use and management of the soils help to control erosion. Maintaining fertility is important. Crops respond to applications of phosphorus and nitrogen. The soil survey is a detailed inventory and evaluation In nonirrigated areas these soils are suited to winter of the most basic resource of the survey area—the soil. It wheat, barley, and sorghum. Most of the acreage is is useful in adjusting land use, including urbanization, to planted to winter wheat. The predicted average yield is the limitations and potentials of natural resources and the 28 bushels per acre. The soil is summer fallowed in al- environment. Also, it can help avoid soil-related failures ternate years to allow moisture accumulation. Generally in uses of the land. precipitation is too low for beneficial use of fertilizer. While a soil survey is in progress, soil scientists, con- Stubble mulch fanning, striperopping, and minimum til- servationists, engineers, and others keep extensive notes lage are needed to control soil blowing and water erosion. about the nature of the soils and about unique aspects of Terracing also may be needed to control water erosion. behavior of the soils. These notes include data on erosion, The potential native vegetation is dominated by blue drought damage to specific crops, yield estimates, flood- grama. Several mid grasses, such as western wheatgrass ing, the functioning of septic tank disposal systems, and and needleandthread, are also present. Potential produc- other factors affecting the productivity, potential, and tion ranges from 1,600 pounds per acre in favorable years limitations of the soils under various uses and manage- to 1,000 pounds in unfavorable years. As range condition ment. In this way, field experience and measured data on deteriorates, the mid grasses decrease; blue grama, buf- soil properties and performance are used as a basis for falograss, snakeweed, yucca, and fringed sage increase; predicting soil behavior. and forage production drops. Undesirable weeds and an- Information in this section is useful in planning use and nuals invade the site as range condition becomes poorer. management of soils for crops, pasture, and rangeland, as Management of vegetation on these soils should be sites for buildings, highways and other transportation based on taking half and leaving half of the total annual systems, sanitary facilities, and parks and other recrea- production. Seeding is desirable if the range is in poor tion facilities, and for wildlife habitat. From the data presented, the potential of each soil for specified land condition. Sideoats grama, little bluestem, western wheat- uses can be determined, soil limitations to these land uses grass, blue grama, pubescent wheatgrass, and crested wheatgrass are suitable for seeding. The grass selected can be identified, and costly failures in houses and other structures, caused by unfavorable soil properties, can be should meet the seasonal requirements of livestock. It can be seeded into a clean, firm sorghum stubble, or it can be avoided. A site where soil properties are favorable can be selected, or practices that will overcome the soil limita- drilled into a n prepared seedbed. Seeding early in ons firm has proven most successful. ti Planners can be planned. Windbreaks and environmental plantings of trees and Plners and others using the soil survey can evaluate s rugs commonly generally well the impact of y areacific land uses on the overall areapro tivi- h grown in the area are ty of the survey area or other broad planning and on suited to these soils. Cultivation to control competing the environment. Productivity and the environment are vegetation should be continued for as many years as closely -related to the nature of the soil. Plans should possible following plantings. Trees that are best suited maintain or create a land-use pattern in harmony with the and have good survival are Rocky Mountain juniper, east- natural soil. em redcedar,-ponderosa pine, Siberian elm, Russian-olive, Contractors canfmd information that is useful in locat- and hackberry. The shrubs best suited are skunkbush ing sources of sand and gravel, roadfill, and topsoil. Other sumac, lilac, Siberian peashrub, and American plum. information indicates the presence of bedrock, wetness, or Openland wildlife, such as pheasant, mourning dove, very firm soil horizons that cause difficulty in excavation. and cottontail, are best suited to these soils. Wildlife Health officials, highway officials, engineers, and many habitat development, including tree and shrub plantings other specialists also can find useful information in this and grass plantings to serve as nesting areas, should be soil survey. The safe disposal of wastes, for example, is s^essful without irrigation during most years. Under ir- closely related to properties of the soil. Pavements, side- auion, good wildlife habitat canbe established, benefit- walks, campsites, playgrounds, lawns, and trees and ing many kinds of openland wildlife. shrubs are influenced by the nature of the soil. 881219 BOARD OF COUNTY COMMISSIONERS 12/7/88 copy of notice mailed first class, with WELD COUNTY COLORADO notice to applicant, to: P. O. BOX 758 GREELEY, COLORADO 80632 JOHN W. KINKADE, ATTORNEY AT LAW 1701 23RD AVENUE, SUITE 1 GREELEY, CO 80631 881219 Hello