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HomeMy WebLinkAbout860647.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING SITE APPLICATION OF PINE LAKE VILLAGE MOBILE HOME PARK, OWNED BY DONALD J. CARLSON, AND AUTHORIZE CHAIRMAN TO SIGN 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, Pine Lake Village Mobile Home Park, owned by Donald J. Carlson, wishes to make changes to its existing wastewater treatment facility on the following described parcel of land , to-wit: NW; of Section 17 , Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, the Regulations for Site Applications for Domestic Wastewater Treatment Works require review of the Site Application by the Board of County Commissioners and, further, that various local and state agencies be given the opportunity to _review and comment on said Site Application, and WHEREAS, Pine Lake Village Mobile Home Park has submitted its Site Application to the Board for review and comments, a ropy of said Application being attached hereto and incorporated herein by reference, and WHEREAS, after study and review, the -Board finds that said Site Application is compatible with the Weld County Comprehensive Plan and that it is in the best interest of Weld County to recommend approval of said Application. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Site Application of Pine Lake Village Mobile Home Park be, and hereby is, recommended favorably to the Colorado Department of Health as being compatible with the Weld County Comprehensive plan. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Site Application. � '' 860647 Page 2 RE: SITE APPLICATION - PINE LAKE VILLAGE The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 16th day of July, A.D. , 1986 . n � BOARD OF COUNTY COMMISSIONERS ATTEST: at,.... WELD COUNTY, COLORADO : Weld County Jerk and Recorder and Clerk to the Board Ja que ' Ile -4Wson Chairman // /7)4, BY: ., CMc.12 J l fc cJ Go .C era-. c , .-Tem D puty County C erk RXrricEn DATP nF 4TC.NTNC, - AYE APPROVED AS TO FORM: Gene R. �BBrantner /� C.WCI 4irbY County Attorney Frank Yamag chi 860647 CoL1RADO DEPARTMENT OF HEALTH '.:Ater Quality Control Division -_10 East 11th Avenue :'caver, Colorado 90'_0 APPLICATION FOR SITE APPROVAL FOR CONSTRUCTION OR EXPANSION OF: A) DOMESTIC WASTEWATER TREATMENT WORKS (INCLUDING TREATMENT PLANTS, OUTFALL SEWERS, AND LIFT STATIONS) OVER 2,000 GPD CAPACITY. B) INTERCEPTORS (IF REQUIRED BY C.R.S. 25-8-702 (3)) APPLICANT: Pine Lake Village Mobile Home Park; Donald J. Carlson, Owner ADDRESS: 7200 E. State Hwy. 14, Ft. Collins, CO 80524 PHONE: (303) 224-2477 Consulting Engineer's Name and Address: Norton, Underwood and Lamb, Inc. 1020 28th Ave. , Suite 205, Greeley, CO 80631 PHONE: (303) 351-0550 A. Summary of information regarding new sewage treatment plant: 1. Proposed Location: (Legal Description) 1/4, NW 1/4, Section 17 Township 7 N. , Range 67 W. , Weld County. 2. Type and capacity of treatment facility proposed: Processes UsedExisting septic tank (leach lines to be abandoned); 0.5 acre treatment pond with 5HP aerator (proposed) Hydraulic 9,350 Organic 15.9 to septic tank; 9.5 to polishing pond • gal/day lbs. BOD5/day Present PE 93.5 Design PE 93.5 2 Domestic 100 X Industrial 0 3. Location of facility: Attach a map of the area which includes the following: (a) 5—mile radius: all sewage treatment plants, lift stations, and domestic water supply intakes. (b) 1—mile radius: habitable buildings, location of potable water wells, and an approximate indication of the topography. 4. Effluent disposal: Surface discharge to watercourse X Subsurface disposal Land Evaporation Other segment Li of Pare River State water quality classification of receiving watercourse(s)e, #tine 1 2; wan Water 1 Hgricuiture Proposed Effluent Limitations developed in conjunction with Panning and Standards Section, WQCD: BOD N/A mg/1 SS N/A mg/1 Fecal Coliform 2000 /100 ml Total Residual Chlorine N/A mg/1 Ammonia N/A mg/1 Othersecondary treatment 5. Will a State or Federal grant be sought to finance any portion of this project? No 6. Present zoning of site area? R-5 (Mobile Hone Residential) Weld County Zoning with a 1-mile radius of site? Agriculture 7. What is the distance downstream from the discharge to the nearest domestic water supply intake? More (Name of Supply) (Address of Supply) What is the distance downstream from the discharge to the nearest other point of diversion? 0.8+ mile Smith Reservoir (used for irrigation) Planning and Standards Classification (Name of User) is Segment 13 of Poudre River. Alverna Blehn and Edward Blehn, 1325 Luke, Ft. Collins, CO 80521 (Address of User) ft g -1 WQCD-3 (Revised 8-83) S. Who has the responsibility for operating the proposed facility? Owner--Mr. Donald J. Carlit'n Wastewater Treat ent Plant Operators license - D no. 1801 9. Who owns the land upon which the facility will be constructed? Owner--Donald J. Carlson (Please attach copies of the document creating authority in the applicant to construct the proposed facility at this site. ) 10. Estimated project cost: $114,512 ($90,167 Construction Cost Estimate) Who is financially responsible for the construction and operation of the facility?__ Owner--Donald J. Carlson 11. Names and addresses of all water and/or sanitation districts within 5 miles downstream of proposed wastewater treatment facility Lite. Boxelder Sanitation District, P.O. Box 2044, Fort Collins, CO 80522 North Weld County Water District, P.O. Box 56, Lucerne, CO 80646 (Attach a separate sheet of paper if necessary.) 12. Is the facility in a 100 year flood plain or other natural hazard area? No If so, what precautions are being taken? Not Required _ Has the flood plain been designated by the Colorado Water Conservation Board, Department of Natural Resources or other Agency? N/A (Agency Name) If so, what is that designation? 13. Please include all additional factors that might help the Water Quality Control Division make an informed decision on your application for site approval. An amendment to the 208 Water Quality Mana yiunt Plan (see attached) for Pine Lake Village was approved by the Board of the Larimer-Weld Regional Council of Governments on March 27, 1986. The flay in the drainage way at the point of diversion to Snith Reservoir has been measured to be 0.34 cfs. B. Information regarding lift stations: 1. The proposed lift station when fully developed will generate the following additional load: Peak Hydraulic (MGD) P.E. to be served 2. Is the site located in a 100 year flood plain? If yes, on a separate sheet of paper describe the protective measures to be taken. 3. Describe emergency system in case of station and/or power failure. 4. Name and address of facility providing treatment: 5. The proposed lift station when fully developed will increase the loading of the treatment plant to R of hydraulic and R of organic capacity and agrees to treat this wastewater? Yes No (Treatment Agency) Date Signature and Title -, -2- WQCD-3 (Revised 8-83) C. if the facility will be located on or adjacent to a site that is owned or managed by a Federal or State agency, send the agency a copy of this application. D. Recommendation of governmental authorities: Please address the following issues in your recommendation decision. Are the proposed facilities consistent with the comprehensive plan and any other plans for the area, including the 201 Facility Plan or 208 Water Quality Management Plan, as they affect water quality? If you have any further comments or questions, please call 320-8333, Extension 327?. Recommend Recommend No Date Approval_ Disapproval Comment Signature of Representative 1. Management Agency ^' Local Government: Cities or' Towns (If site is inside boundary or within three miles) and Sanitation Districts. 3. Board of County Commissioners 4. Local Health Authority 5. City/County Planning Authority 6. Council of Governments/Regional Planni .; 7. State Geologist (For lift stations, the signature of the State Geologist is not required. Applications for treatment plants require all signatures.) I certify that I am familiar with the requirements of the "Regulations for Site Applications For Domestic Wastewater Treatment Works," and have posted the site in accordance with the regulations. An engineering report, as described by the regulations, has been prepared and is enclosed. 7 .(7) /I/ -TZ DATE 5/ 9/6& d1,797/r/'/f Donald J. Carlson ! /Signature of Applicant TYPED NAME -3- WQCD-3 (Revised 8-83) ATTACHMENT TO SITE APPLICATION in accordance wttn G.R.S. 1981, 25-3-702 (2)(a), (b) , and (c) , and the "Regulations for Site tprlicattons for Domestic Wastewater Treatment Works", the Water Quality Control Division must determine that each site location is consistent with the longrange, comprehensive planning for the area in which it is to be located, that the plant on the proposed site will be managed to minimize the potential adverse impacts on water quality, and must encourage the consolidation .. f wastewater treatment works whenever feasible. In making this determination, the Division requires each applicant for a site approval for a domestic wastewater treatment works to supply an engineering report describing the project a:d showing the applicant 's capabilities to manage and operate the failLty over the life of the rro ect to determine the potential adverse impacts on water quality. The report shall be considered the culmination of the planning process and as a minimum shall address the following: Service area definition including existing population and population projections, flow/loading projections, and relationship to other water and wastewater treatment plants in the area. Proposed effluent limitations as developed in coordination with the Planning and Standards Section of the Division. (Allow minimum four weeks processing time. ) Analysis of existing facilities including performance of those facilities. Analysis of treatment alternatives considered. Flood plain and natural hazard analysis. Detailed description of selected alternatives including legal description of the site, treatment system description, design capacities, and operational staffing needs. Legal arrangements showing control of site for the project life. Institutional arrangements such as contract and/or covenant terms for all users which will be finalized to accomplished acceptable waste treatment. Management capabilities for controlling the wastewater throughout and treatment within the capacity limitations of the proposed treatment works, i.e. , user contracts, operating agreements, pretreatment requirements. Financial system which has been developed to provide for necessary capital and continued operation, maintenance, and replacement through the life of the project. This would include, for example, anticipated fee structure. Implementation plan and schedule including estimated construction time and estimated start-up date. Depending on the proposed project, some of the above items may not be applicable to address. In such cases, simply indicate on the application form the non applicability of those. • -4- WQCD-3 (Revised 8-83) BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE COLORADO DEPARTMENT OF HEALTH WATER QUALITY CONTROL DIVISION Moved by Don Johnson 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: REQUEST: Site approval for improvements to an -existing sewerage system serving 34 mobile home units. APPLICANT: Pine Lake Village Mobile Home Park. ADDRESS: 7200 East State Highway 14, Fort Collins, CO 80524. LEGAL DESCRIPTION: NW} of Section 17, T7N, R67W of the 6th P.M. , Weld County Colorado. LOCATION: Approximately 2.5 miles northeast of the Windsor North Annexation, South of State Highway 14 and west of State Highway 257. be recommended favorably to the Colorado Department of Health for the following reasons: Pine Lake Village Mobile Home Park's wastewater treatment facility is not in compliance with Weld County Health Department regulations. The applicant is requesting to retain the existing septic tanks, construct an aerated lagoon and convey the affluent to a discharge point one-half mile west. The proposed facility is designed to serve the 34 existing living units only. In reviewing site applications for domestic wastewater treatment works, the State Health Department Water Quality Control Division directs the planning agency to comment on the relationship of the treatment works to the local long-range comprehensive plan for the area as it affects local water quality and consider whether there is sufficient capacity to serve the proposed development. The Weld County Planning Commission recommends approval based upon the following: Environmental Protection Policy #2, pages 78-79 of the Weld County Comprehensive Plan, states: Any land use that will pollute any stream, body of water, subsurface aquifer, aquifer recharge, the air or the surrounding surface will require the development of a proper treatment facility or environmental protective operation before said land use can be allowed. frithi (�(�� 860647 Pine Lake Village Mobile Home Park Site Approvel June 3, 1986 Page 2 The subject proposal has been reviewed and approved by the Weld County Health department and the Larimer-Weld Council of Governments 208 Water Quality Board. Motion seconded by Lydia Dunbar: Vote: For Passage Against Passage Lynn Brown Lydia Dunbar Don Johnson Harlan Else Louis Rademacher Ann Garrison Paulette Weaver Jack Holman The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on June 3, 1986, and recorded in Book No. X of the proceedings of the said Planning Commission. Dated the 4th day of June, 1986. Bobbie Good Secretary Date: June 3, 1986 REQUEST: Site approval for improvements to an existing sewerage system serving 34 mobile home units. APPLICANT: Pine Lake Village Mobile Home Park. ADDRESS: 7200 East State Highway 14, Fort Collins, CO 80524. LEGAL DESCRIPTION: NW} of Section 17, T7N, R67W of the 6th P.M. , Weld County Colorado. yr Y.{`'i, LOCATION: Approximately 2.5 miles of the Windsor North Annexation, South of State Highway 14 and west of State Highway 257. Pine Lake Village Mobile Home Park's wastewater treatment facility is not in compliance with Weld County Health Department regulations. The applicant is requesting to retain the existing septic tanks, construct an aerated lagoon and convey the affluent to a discharge point one-half mile west. The proposed facility is designed to serve the 34 existing living units only. In reviewing site applications for domestic wastewater treatment works, the State Health Department Water Quality Control Division directs the planning agency to comment on the relationship of the treatment works to the local long-range comprehensive plan for the area as it affects local water quality and consider whether there is sufficient capacity to serve the proposed development. The Department of Planning Services staff recommends approval based upon the following: Environmental Protection Policy #2, pages 78-79 of the Weld County Comprehensive Plan, states: Any land use that will pollute any stream, body of water, subsurface aquifer, aquifer recharge, the air or the surrounding surface will require the development of a proper treatment facility or environmental protective operation before said land use can be allowed. The subject proposal has been reviewed and approved by the Weld County Health department and the Larimer-Weld Council of Governments 208 Water Quality Board. (itit4r; Em RA n . .. To Planning Department Date May 20, 1986 COLORADO From Wes Potter, Health Protection Services 1.4} P Subject: Pinelake Village Site Approval - Treatment Plant We have reviewed the application for a treatment facility for Pinelake Village Mobile Home Park; Don J. Carlson, owner, and we find we have no problems with the application. We, therefore, recommend for approval. ", f I N 1 J I I l _ . ;� 1-Mile Radiu �` �A J \` 5ot9_I <S ' ` 'slJ9 AND �' I$OUTHERN , )N a L1 // �� ( `e 9) 1 ' ( i 1 f �4 ' Pine Lake Village ' + �'1. L ._- Service Area p • ' Colo Hwy. 14 �. �A\'" Bn ' 1. ) it( I ' . 1 I I .. ' _ 1, IJ'3a < \ , � • 1 \ AA Exist •—t , . \ A ,� 1\1' Septic , ,- " L \' 1 .i I' Tank // ':)) ( (1 r j / `� \ .Carlson Property /J/je';/ , I, -) k , \\ I i Boundary . �' 13 ;I�. r BURLINO:ONJ �' — 1 ,A� , _ c 1 r.s. C.LORA.O ,\ .N.. ) :,� I ' a9 I1 ' / 1 Treatment I ,",-.z.,‘ : � Discharge Point ' Location n ' sir (. \ / ( ° \ SECTION 17, T.7 N. , R.67 W. \ ` ��_ )J _ v �/ 1 j ' Habitable \ \ /� a99J \ •(Bldg. , ma ) \ \\/✓ 1:11 -� \ Type- \.`h\ 1966 „ — . W.C.R. 80 11\ - I: I I / I �' ! l I /A7 1 1, v� ! 1. Smith Reservoir-rya, � Diversion Pipe i T * ___J _ /- ti ` I Sci 'Li 0 '+ 22NC aSnAiWf !1 I aA)e--w F N .k....,_: 24) Pipe Under Canal It , ' t • - An 0 yl To Drainageway - v l� v C (_' '' I i ; . 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MM 4 Se aRNr I I A • .'` .v 36 Ji- 3P 1 JJ g 13e1 `\ Q 111 Vi�. _ • I 7imnal, I "- J ` * "' 4 r '� ,, \"' L \s 1 1 1 i$ .i I 1`7'vp w� / ~ L . )�. ., _. \-_ \\.nI �� ;J '•. 1 �a Rwwlin P. Fn ri�,. . _ J l .•f //3h1\t It.. . \wd•\ � bx.., l 'e - I__ ' )w\-�. 14y 1 \,1� , `'' QYir' x AREA 1fAP ci. - • ,vrc GENERAL The Pine Lake Village Mobile Home Park is an existing park situated in the Northwest Quarter of Section 17, Township 7 North, Range 67 West. The park presently contains 34 units with an estimated occupancy of 93 . 5 persons. The area is served by a sewerage system consisting of a septic tank and leach lines. The owner has been ordered by the Weld County Health Department to make improvements to the existing system. It is proposed by the owner to retain the existing septic tank for solids removal and to discharge the effluent to a single cell lagoon for further treatment. The lagoon effluent would be conveyed to a point of discharge into the natural drainage lying along the Easterly edge of Section 18, which is a tributary of the Cache La Poudre River. LOCATION The service area and the proposed treatment location are shown on the location map attached hereto. DESCRIPTION AND SIZE OF PROPOSED FACILITIES The new facilities would consist of the following: 1 . 8" PVC line from the existing septic tank to the proposed lagoon. 2. A 0. 5 acre polishing pond equiped with a 5 HP aerator to prevent odors from septic tank influent. 3 . Chlorination. 4. Other miscellaneous appurtenances. Facilities would be sized to handle the following loads: Flow 93 . 5 persons x 100 gpcd = 9, 350 g.p.d. B.O.D. to septic tank 93 . 5 persons x .17# = 15. 9# per day B.O.D. to polishing pond 0. 6 x 15. 9 = 9. 5# per day CONSTRUCTION COST Construction cost is estimated to be $90,167. A detailed breakdown is attached. n"' - x. _ • RELATIONSHIP TO EXISTING DISTRICTS The nearest existing sanitation district is the Boxelder Sanitation District. Their improvements extend as far east as Larimer County Road No. 5 which is more than 3 miles west of Pine Lake Village. Waste from Pine Lake Village would have to be lifted a minimum of 4 times to reach Boxelder sewer facilities. Because of the terrain, Pine Lake Village does not lie in the proposed service area for Boxelder Sanitation District. TREATMENT PROCESS It is proposed to leave the existing septic tank in service as a solids removal unit but to replace the existing leach field with a 0. 5 acre lagoon. A 5 HP aerator would be provided in the lagoon to satisfy the short-term high B.O.D. in the septic tank effluent and to ensure aerobic conditions at the pond inlet. Detention of 71 days would be provided in the polishing pond which should insure good nitrification and denitrification removal. The lagoon would be followed by chlorination facilities and adequate detention. It is assumed that effluent limitations would be as follows: 30 day 7 day Average Average Fecal coliform 6,000 12,000 B.O.D. 30 45 TSS 75 110 Grease less than 10 SLUDGE DISPOSAL No change is anticipated from the present method of sludge disposal. The septic tank would be pumped approximately once every two months and waste disposed of at approved sites. LONG TERM FINANCING Construction will be financed by the owners, Mr. & Mrs. Donald Carlson. FACILITY MANAGEMENT The facility will be operated and managed by the owner, who holds a Class "D" wastewater treatment plant operators license. The service area is limited to the owners ' property and will be financed, owned, and operated by the same party. Therefore, a single party will hold responsibility for service area, construc- tion, financing, operation and maintenance. ALTERNATIVES CONSIDERED A package extended air treatment process was considered as an alternative treatment process, however, the possibility was rejected for the following reasons: 1 . More expensive in initial cost. 2. More expensive operating cost. 3 . Required more operator attention. 4. More sensitive to operating problems. IMPACTS ON SURFACE AND GROUND WATER QUALITY We could theorize that because of the increased level of treatment, there would be an overall quality improvement in the basin. However, because of the insignificant magnitude of the discharge and the long period of detention prior to discharge, we consider there to be minor but positive impact upon either surface or ground water. COMMITMENTS FOR SERVICE The existing facility has served the present users for a period of 15 years. If the proposed improvements are not made it would cause the uprooting and relocation of 34 dwelling units housing approximately 100 persons. EFFECT ON THE DRAINAGE AREA RELATED TO A REGIONAL SOLUTION There is no economically feasible regional solution because there are no existing accessible facilities in the area. Since the plan merely involves upgrading of an existing facility which has gradually become deficient, we believe there is no impact upon the drainage area. HAZARD ANALYSIS The site for the proposed wastewater treatment improvements is located outside the Flood, Airport and Geologic Hazard Overlay Districts as designated by Weld County. WASTEWATER OUTFALL LINE The outfall line from the proposed improvements will have to cross property not owned by the Carlsons. Discussions are presently underway with the Platte River Power Authority to utilize a portion of their easement. IMPLEMENTATION PLAN Because the Weld County Health Department has ordered that the existing wastewater treatment facilities be upgraded, it is anticipated that as quickly as the necessary approvals are obtained, the proposed improvements will be constructed and put into service. PINE LAKE VILLAGE IMMEDIATE SEWAGE IMPROVEMENTS Unit Total 9uantity Unit Cost Cost 1. 8" PVC 3550 LF 12. 00 42,600 2. Manholes 11 Ea. 1 ,000. 00 11 ,000 3 . Aeration Pond: Excavation 5500 CY 2 .00 11,000 Stripping 1500 CY 1 . 00 1,500 Lining 22500 SF 0. 35 7,875 Aerator 1 Ea. 7,500. 00 7, 500 Equalizer Pipe 26 LF 12. 00 312 4. Temporary Chlorinator 1 LS 3,000 5. Effluent Box 1 LS 2,500 6. Fence 720 LF 2, 880 Total Construction $90,167 B 1021 REC D1956733 02/21/84 16:22 $12.0-0 1/004 A 11115 t,733 F 1097 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO State Documentary-Fee Dote.11-8..2-1.-1984__ WARRANTY DEED 5 -.24:Q THIS DEED made this Of/ day of February, 1984, by and between GLADYS IOLA HOWARD, also known as Gladys Harp Howard, and TIMOTHY CORDON HOWARD, also known as Timothy Howard, whose mailing address is 2470 South Ivanhoe Place, Denver, Colorado 80237, hereinafter referred to as 'the Grantors,' and DONALD J. CARLSON, whose mailing address _is 7200 East State Highway 14, Fort Collins, Colorado 80524, hereinafter referred to as 'the Grantee.' WITNESSETH1 That the Grantors, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to the Grantors in hand paid by the Grantee, the receipt of which is hereby confessed and acknowledged, have granted, bargained, sold, and conveyed, and by these presents do hereby grant, bargain, sell, and confirm unto the Grantee, his heirs, administrators, and assigns, forever, those certain parcels of real property situate in the County of Weld, State of Colorado, which are legally described on Exhibit 'A' attached hereto and incorporated herein by reference. tot'' Sty y-U TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all estate, right, title, interest, claim, and demand whatsoever of the Grantors, either in law or equity, of, in, or to the above-bargained premises, with the hereditament' and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances unto the Grantee, his heirs, administrators, and assigns, forever. And the Grantors, for themselves and their heirs, administrators, and assigns, do covenant, grant, bargain, and agree to and with the Grantee, his heirs, administrators, and assigns, that at the time of the ensealing and delivery of these presents they are well seized of the premises above conveyed; have good, sure, perfect, absolute, and indefeasible estate of inheritance, in law, in fee simple; and have good right, full power, and lawful authority to grant, bargain, sell, and convey the same in manner and form as afore- said; and that, except as hereinafter provided, the same are free from all former and other grants, bargains, sales, liens, taxes, assessments, and encumbrances of whatever -kind or nature soever; and the Grantors do hereby warrant the title to the same, subject to all of the following: 1. All existing easements and rights-of-way in place or of record. 2. All oil, gas, or other mineral leases, exceptions, or • reservations of record. 3. Any restrictions, reservations, or exceptions contained in any United States or State of Colorado Patents of record. 4. All zoning and other governmental rules and regulations. 5. Statutory lien rights resulting from the inclusion of the property in any improvement districts. 6. General property taxes for the year 1984 and subsequent years. The Grantors, for themselves and their heirs, administrators, and assigns, do covenant and agree to and with the Grantee, his B 1021 AEC 01956733 02/21/84 16:22 $12.00 2/004 F 1098 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO heirs, administrators, and assigns, that the Grantee, his heirs, administrators, and assigns, shall and may lawfully and at all times hereafter peaceably and quietly have, occupy, possess, and . enjoy said premises hereby granted, or intended so to be, with the appurtenances, without the lawful hinderance or molestation of the Grantors, their heirs, administrators, or assigns, or of any other person or persons whomsoever, by or with their consent, privity, or procurement. Reservation of Royalty Interest. The Grantors herein expressly except and reserve unto themselves, their heirs, administrators, and assigns, forever, a fifty percent (501) royalty interest in and to all oil and gas located in, on, or under the surface of the real property being conveyed hereby (including both Parcel 1 and Parcel 2 as described on Exhibit "A" attached hereto) , which fifty percent (50%) royalty interest shall be hereinafter referred to as "the Reserved Royalty Interest." The Grantors and the Grantee expressly acknowledge that the subject real estate is subject to an existing Oil and Gas Lease dated April 8, 1983, in which Altex Oil Corporation is the Lessee. With respect to said existing Oil and Gas Lease, the Reserved Royalty Interest shall entitle the Grantors to receive one-half (1/2) of all royalties paid pursuant to said Lease, there being no provision in said Lease for the payment of delay rentals. The Grantee shall be solely entitled to any surface damages payable under said existing Oil and Gas Lease. If, after expiration of the said existing Oil and Gas Lease, the Grantee, or his heirs, administrators, or assigns, leases the subject real estate to third parties for the production of oil and/or gas, the Reserved Royalty Interest shall entitle the Grantors to receive one-half (1/2) of all bonus payments, delay rentals, or royalties paid pursuant to any such future leases. The Grantee shall be solely entitled to any surface damages payable under any such 1 If the Grantee, or his heirs, administrators, or assigns, elects to remove oil and/or gas from the subject real estate without leasing the same to third parties, the Reserved Royalty Interest shall entitle the Grantors to receive royalty payments equal to six and 25/100 percent (6.25%) of any oil and/or gas removed (representing one-half (1/2) of the customary twelve and one-half percent 112.5%) landowner's royalty interest) . The Reserved Royalty Interest shall not entitle the Grantors to remove any oil and/or gas from the real property being conveyed hereby or to enter upon the surface of said property for the purpose of exploring for or removing said minerals. Subject to the Grantors' Reserved Royalty Interest, the Grantors hereby convey, transfer, grant, and assign unto the Grantee one hundred percent (100%) of all oil, gas, or other minerals or mineral rights located in, on, or under the surface of the property being conveyed hereby. The Grantors further grant and transfer unto the Grantee all 'executive privileges' with respect to the leasing or production of oil, gas, and other minerals, thereby allowing the Grantee, his heirs, administrators, or assigns, to negotiate in his sole and absolute discretion the terms and conditions of any oil, gas, or other mineral leases. Any such lease terms negotiated by the Grantee, his heirs, administrators, or assigns, shall be binding upon the Grantors. IN WITNESS WHEREOF, the Grantors have executed this Warranty Deed the day and year first above w tten 4,0 G Yg ILA 0 16 ~wn �( FD, a so mown s Cl dys Har 1 w rd /.....---4.../X 'ki',K n4 .'f'y c'•s• TIMOTHY GORDON H ARD, also known as Timothy Howard g.i,..� 1,-I 2 - ( ... B 1021 REC 01956733 02/21/84 16:22 $12.00 3/004 F 1099 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO STATE OF COLORADO ) as. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this /:ih day of February, 1984, by GLADYS IOLA HOWARD, also known as Gladys Harp Howard, and TIMOTHY GORDON HOWARD, also known as Timothy Howard. WITNESS my hand and official seal. My commission expires: . i • f'l Vit /. 6 • L..• Notary Public ``c411 Business Address: . r fo rt.?, 5rrr ire { !/i!/� • liar s O '024 - 3 - ° B 1021 REC 01956733 02/21/84 15:22 04 F 1100 MARY ANN FEUERSTEIN CLERK 6 RECORDER �WELD CO,00 / EXHIBIT 'A' ATTACHED TO AND MADE A PART OF THE WARRANTY DEED BETWEEN GLADYS IOLA HOWARD AND TIMOTHY GORDON HOWARD ("THE GRANTORS') AND DONALD J. CARLSON ('THE GRANTEE') LEGAL DESCRIPTION • PARCEL 1: • The E1/2 of the NW1/4 and the E1/2 of the W1/2 of the NW1/4 of Section 17, Township 7 North, Range 67 West of the 6th P.M., also described as the E3/4 of the NW1/4 of Section 17, Township 7 North, Range 67 West of the 5th P.M., EXCEPTING THEREFROM a tract of land conveyed to Donald J. Carlson by Deed recorded November 7, 198J, in Book 1012 as Reception No. 1946215, being more particularly described as follows: Considering the North line of the NW1/4 of said Section 17 as bearing S 89'49'00' E, and with all bearings contained herein relative thereto: COMMENCING at the North Quarter Corner of said Section 17; thence along the East line of said NWI/4 S 00'39'30' W, a distance of 46.60 feet to the POINT OF BEGINNING, said point also being on the South right-of-way line of Colorado State Highway 14 as described in Book 1304 at Page 105 in the Office of the Clerk and Recorder of said County; thence continuing along said East line B 00'39'30' W, a distance of 846.65 feet: thence S 90°00'00' W, a distance of 921.24 feet; thence S 00'14'53' W, a distance of 30.00 feet; thence S 90°00'00' W, a distance of 846.60 feet; thence N 00'14'53' E, a distance of 876.60 feet to a point on the South right-of-way line of Colorado State Highway 14 as described in Book 1304 at Page 105 in the Office of the Clerk and Recorder of said County: thence along said South right-of-way line N 90'00'00' -E, a distance of 1773.90 feet to the TRUE POINT OF BEGINNING, County of Weld, State of Colorado. PARCEL 2: • All of the Grantors' right, title, and interest in and to the following-described parcel of land: a tract of land located in the Northwest Quarter of Section 17, Township 7 North, Range 67 West of the 6th P.M., of Weld County, Colorado, being more particularly described as follows: Considering the North line of the Northwest Quarter of said Section 17 as bearing South 89'49'00' East and with all bearings contained herein relative thereto: Commencing at the North Quarter corner of said Section 17; thence along the East line of said Northwest Quarter South 00°39'30' West, a distance of 46.60 feet to the point of beginning, said point also being on the South right-of-way line of Colorado State Highway 14 as described in Book 1304 at Page 105 in the Office of the Clerk and Recorder of said County; thence continuing along said East line South 00039.30a West, a distance of 846.65 feet; thence South 90°00'00' West, a distance of 921.24 feet; thence South 00°14'53' West, a distance of 30.00 feet; thence South 90°00'00' West, a distance of 846.60 feet: thence North 00°14'53' East, a distance of 876.60 feet to a point on the South right-of-way line of Colorado State Highway 14 as described in Book 1304 at Page 105 in the Office of the Clerk and Recorder of said County; thence along said South right-of-way line North 90°00'00" East, a distance of 1773.90 feet to the True Point of Beginning. pri (Commonly known as 7200 East State Highway 14, Fort Collins, Colorado) - 4 - - Chapter VI - Point Discharges Section 1 .0 - Cache la Poudre Basin Sub Section 1 .1 .2 Private Dischargers Add: Pine Lake Village Mobile Home Park Pine Lake Village is located in the NW 1/4 of Section 17, T7N, R67W, approximately 7 miles north of Windsor and 7 miles east of Fort Collins on Highway 14. It is also about 3 miles east and down gradient of the nearest sewering entity, the Boxelder Sanitation District. The privately owned mobile home park consists of 34 units with a total population of about 95 people. A system of central septic tanks and leach fields served the park for 14 years to 1986. The sewerage facility was then converted to a system using the existing septic tanks for solids settling with treatment in a 0.5 acre aerated lagoon. Discharge is to a drainage which is naturally tributary to Timnath Reservoir but which is presently intercepted by the Larimer-Weld Canal . The treatment lagoon is equipped with a 5 HP aerator and provides a detention time of about 71 days. The effluent is then chlorinated and conveyed to the discharge point in the SE 1/4 of the NE 1/4 of Section 18 through about 1/2 mile of pipe. Sludge will be pumped and hauled from the septic tanks on a regular basis of once every two months. NORTON. UNDERWOOD AND LAMB, INC. ENGINEERING ASSOCIATES 1020 28TH AVENUE SUITE 205 GREELEY, COLORADO'80631 303 -351-055S September 2, 1986 i air Grani1;YC's n .,4 � Ms. Jackie Johnson, Chairman SEP 81988 Weld County Board of Commissioners Centennial Center 915 10th St. �`— Greeley, CO 80631 Dear Jackie: RE: PINE LAKE VILLAGE MOBILE ROME COMMUNITY This letter is to inform you that as of August 6, 1986 , Norton, Underwood and Lamb, Inc. is no longer the engineering consultant for Mr. and Mrs. Don Carlson on their development of Pine Lake Village. • The proposed mobile home park expansion is located in the Northwest one-quarter of Section 17, Township 7 North, Range 67 West, in Weld County, Colorado. Any further correspondence regarding this project may be directed to the Carlson' s at: 7200 E. State Hwy. 14 Fort Collins, CO B0524 ( 303 ) 224-2477 Thank you for your assistance concerning this matter. Sincerely, NORTON, UNDERWOOD AND LAMB, INC. Thomas E. _Norton, P.E. TEN.mk CSC` `� ice:3= _Az, Hello