The URL can be used to link to this page

Browse Search

Home My WebLink About910700.tiff_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. RESOLUTION RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT PLAN, FIRST FILING, FOR FLATIRON STRUCTURES COMPANY 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, a public hearing was held on the 31st day of July, 1991, at 10:00 a.m. for the purpose of hearing the application of Flatiron Structures Company, P.O. Box 2239, Longmont, Colorado 80502, requesting a Site Specific Development Plan and Planned Unit Development (PUD) Plan, First Filing, for a parcel of land located on the following described real estate, to-wit: Part of the Wf SW* of Section 11, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, the applicant was represented by Jennifer Vecchi, of Rocky Mountain Consultants, and WHEREAS, Section 28.8 of the Weld County Zoning Ordinance provides standards for review of such a Change of Zone, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission, and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The applicant has complied with all the application requirements listed in Section 28.9 et seq. , of the Weld County Zoning Ordinance. 2. The request is in conformance with Section 28.8 of the Weld County Zoning Ordinance as follows: a. The proposed PUD Plan is located within the I-25 Mixed-Use Development Area. The uses proposed for the PUD Plan are consistent with the uses described in the I-25 Mixed-Use Development Area and Activity Centers Section of the Comprehensive Plan. b. The PUD Plan conforms to the PUD District. The Utility Coordinating Advisory Committee reviewed and approved the utility plan map at its May 23 meeting. c. The application materials demonstrate that the uses allowed under the proposed PUD Plan will be compatible with existing and future development of the surrounding area and also with 910700 PL0814 PLOS/q CSC. 0)1 11,0atuurkti; �,.eti ; Cip,�) Page 2 RE: PUD - FLATIRON STRUCTURES COMPANY future development as projected by the plans of affected municipalities. A memo dated February 6 from the Tri-Area Planning Commission stated the PUD District did not conflict with it's interest. A representative of the Tri-Area Planning Commission indicated they did not wish to review the PUD Plan. d. The PUD Plan is not located in an overlay district area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Flatiron Structures Company for a Site Specific Development Plan and Planned Unit Development Plan, on the above referenced parcel of land be, and hereby is, granted subject to the following conditions: 1. Prior to recording the PUD Plan plat: a. The Board of County Commissioners shall approve the subdivision improvements agreement and the form of collateral. The security for the agreement shall be tendered and accepted by the Board for the subdivision improvements agreement. b. The Board of County Commissioners shall approve the off-site road improvements agreement for Weld County Road 22 and the form of collateral. The security for the agreement shall be tendered and accepted by the Board for the off-site road improvements agreement. c. The PUD Plan plat shall be amended to show the gas line along the west property line between Lots 1 and 2 is located within a utility easement. d. The PUD Plan plat shall be amended to show the location of the northern property line of Lot 2 as proposed by the applicant. 2. The following notes shall be placed on the PUD Plan plat: a. The uses permitted within the PUD Plan are C-1 (Neighborhood Commercial) , C-2 (General Commercial) , C-3 (Commercial) , I-1 (Industrial) , I-2 (Industrial) , and I-3 (Industrial) as described in the application materials and Weld County Zoning Ordinance. b. Approval of this Plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. c. A site plan review is required in accordance with Section 35.4 of the Weld County Zoning Ordinance. 910700 Page 3 RE: PUD - FLATIRON STRUCTURES COMPANY d. The PUD Plan plat for Case Number S-316 creates 2 lots. Approval of a site plan review may be used to create additional lots or adjust property lines. A mylar plat shall be submitted with the site plan review application. The plat shall be prepared by a land surveyor registered in the State of Colorado. The plat shall be delineated in non-fading permanent black ink on a dimensionally stable polyester sheet such as cronar or mylar or other product of equal quality, three mils or greater in thickness. The size of each sheet shall be either eighteen inches (18") in height by twenty-four inches (24") in width or twenty-four inches (24") in height by thirty-six inches (36") in width. No mixing of sheet sizes is allowed. No plat submitted shall contain any form of stick-on-type material such as, but not limited to "sticky-back", adhesive film, or kroy lettering tape. The drawing shall be at a scale sufficient to show all necessary detail. i. A photo mylar copy or diazo sensitized mylar copy of the original ink drawing may be submitted. The material shall be at least 3 mils or greater in thickness. ii. The plat submitted will contain the original signatures and seals of all parties required to sign the plat. If a photo mylar copy or diazo sensitized mylar copy is submitted the original signature and seals shall be contained thereon. iii. The plat shall be titled amendment to lot of Subdivision Case 8316. The appropriate amendment and lot number will be filled in by the Planning Department. iv. The plat shall bear the following certifications: (1) Property owner's certificate example: I (We) , the undersigned, being the sole owners in fee of the above described property do hereby subdivide the same as shown on the attached map. I (We) understand this property is located in the Zone District and is also intended to provide areas for the conduct of other uses by right, accessory uses, and uses by special review. 910700 Page 4 RE: PUD - FLATIRON STRUCTURES COMPANY (Signature) (Signature) The foregoing certification was acknowledged before me this day of A.D. , 19 My Commission Expires: Notary Public Witness my Hand and Seal (2) Surveyor's Certificate example. I, a Registered Professional Land Surveyor in the State of Colorado do hereby certify that this plat was prepared under my personal supervision, and that this plat is an accurate representation thereof. I further certify that the survey and this plat complies with all applicable rules, regulations, and laws of the State of Colorado, State Board of Registration For Professional Engineers And Professional Land Surveyors, and Weld County. Registered Land Surveyor, Colorado Registration it Date (3) The plat is accepted and approved for filing. Department of Planning Services' Director The foregoing certification was acknowledged before me this day of , A.D. , 19 My Commission expires: Notary Public Witness my hand and seal 910700 Page 5 RE: PUD - FLATIRON STRUCTURES COMPANY (4) Easement Certificate example. This certificate shall be used when any easement crosses any of the proposed lots of the PUD Plan. The plat shall also identify the benefitted lot and purpose of the easement. I (we) do hereby dedicate, for the benefit of the property(ies) shown or described herein, easements for the purposes shown or described herein. (Signature) (Signature) The foregoing certification was acknowledged before me this day of A.D. , 19 My Commission expires: Notary Public Witness my hand & seal v. A boundary survey shall be required for each lot associated with the proposed lot amendment. When additional lots are created, they shall be numbered consecutively. For example, to create 3 lots out of Lot 1, the lots would be identified as Lots 1, 2, and 3, first amendment to Lot 1 of Subdivision Case 316. vi. The plat shall include a vicinity sketch locating the amendment with respect to other PUD Plan lots, public and private roads, and other major land features. vii. Lot requirements: ( 1) The mylar plat for each lot shall show a minimum side and rear lot line utility and drainage easement of 10 feet. The utility and drainage easement for front lot lines shall be 15 feet. ( 2) All lots shall be a minimum of 1 acre in size. ( 3) All lots shall have a legal and adequate access. ( 4) The St. Vrain Sanitation District shall provide sewer service to each lot. 910700 Page 6 RE: PUD - FLATIRON STRUCTURES COMPANY ( 5) Central Weld County Water District shall provide water service to each lot. ( 6) A storm water management plan shall be prepared by a registered engineer when additional lots are proposed. The storm water management plan shall correspond with the storm water management plan prepared for the PUD Plan on file with the Clerk to the Board of County Commissioners. ( 7) All outdoor storage areas shall be screened from public rights-of-way and adjacent properties located on the perimeter of the PUD Plan. ( 8) All signs within the PUD Plan shall comply with the sign requirements for the commercial and industrial districts as listed in Section 42.3 of the Weld County Zoning Ordinance, except off-site directional signs and advertising signs and billboards are not permitted. ( 9) Approval of a subdivision improvements agreement shall be required if an additional lot requires a guarantee for construction of additional improvements. (10) The maximum building height shall be 32 feet. (11) A minimum 15 percent of each lot shall be landscaped to comply with the Commercial Performance Standards of Section 33.6 of the Weld County Zoning Ordinance. (12) All building structure exteriors shall be neutral or earthtone in color. (13) Liquid and solid waste shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (14) No permanent disposal of waste shall be permitted within the PUD Plan. (15) Any required Emissions Permits shall be obtained from the Air Pollution Control Division, Colorado Department of Health. 910700 Page 7 RE: PUD - FLATIRON STRUCTURES COMPANY (16) The maximum permissible noise level shall not exceed the commercial limit of 60 dB(A), as measured according to Section 25-12-102, C.R.S. Construction projects shall be subject to the maximum permissible noise levels specified for industrial zones during the construction period. (17) Fugitive dust shall be controlled on the PUD Plan site. (18) All food service facilities shall comply with the rules and regulations governing the sanitation of food service establishments in the State of Colorado. (19) All site plan reviews which include new building structures shall submit a report by a qualified soils and foundation engineer to determine a suitable foundation type for structures. (20) All site plan review applications shall comply with the Oil and Gas Conservation Commission safety rules. Wells shall be located a distance of 150 feet or one and one-half times the derrick height, whichever is greater, from any occupied building, public road, or major above ground utility line or railroad. Tanks shall be a minimum of 200 feet from the residences, normally occupied buildings, or well-defined normally occupied outside areas. Fired vessels or heater treaters shall be a minimum of 200 feet from residences, occupied buildings, or well-defined normally occupied outside areas. (21) The PUD District plat, the PUD Plan plat, and all applicable site plan review plats shall show the fifty (50) foot easement maintained by Panhandle Eastern Pipeline Company. No structures shall be allowed within the easement area. All site plan review applications which include this high pressure gas line easement shall be referred to Panhandle Eastern Pipeline Company for review and recommendation. (22) All lots within the PUD Plan shall comply with the requirements of the Mountain View Fire Protection District. 910700 Page 8 RE: PUD - FLATIRON STRUCTURES COMPANY (23) All lots within the PUD Plan shall comply with the applicable requirements of the Weld County Building Code Ordinance. All streets within the PUD plan are private and shall be built to County standards. All streets within the PUD plan shall be maintained by lot owners unless other arrangements are approved by the Board of County Commissioners. 3. The applicant shall submit a revised landscape and screening plan map which shows the Rocky Mountain Juniper and Russian Olive trees are mixed and randomly spaced at an average of 10-foot centers along the west side of the outdoor storage area. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of July, A.D. , 1991. �eikae yt BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk to the Board Gor L cy hairman BY: L Aine Deputy Eferk to the Board Geo e Ken edy, Pro-Tem APPROVED AS FORM: .372-rile -A- /_t_i 0Yr17 A6,4L Constance L. Harbert lv �� iirdW County Attorney C. W. Kir y a_kw W. H. Webster 910700 HEARING CERTIFICATION DOCKET N0. 91-39 RE: SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT DEVELOPMENT PLAN, FIRST FILING - FLATIRON STRUCTURES COMPANY A public hearing was conducted on July 31, 1991, at 10:00 A.M. , with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner George Kennedy, Pro-Tem Commissioner Constance L. Harbert Commissioner C. W. Kirby Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated June 17, 1991, and duly published June 27, 1991, in The New News, a public hearing was conducted to consider the request of Flatiron Structures Company for a Site Specific Development Plan and Planned Unit Development Plan, First Filing. Lee Morrison, Assistant County Attorney, made this matter of record. Rod Allison, Planning Department representative, recommended the Resolution of the Planning Commission and the Planning staff's recommendation be entered into the record as written. Jennifer Vecchi, from Rocky Mountain Consultants, represented the applicant, and stated they were agreeable to this. In response to a question from Chairman Lacy concerning the First Filing, Mr. Allison explained that this Planned Unit Development Plan covers the entire 36 acres; however, other parcels can be created through the Site Plan Review process. Barbara Brunk, from Rocky Mountain Consultants, explained that their screening plan has been amended to include rows of trees instead of clusters, which was one of the Planning Commission's concerns. She also commented on the asthetic qualities and the net effect of the proposed screening in comparison to a 4-foot concrete wall. Ms. Brunk pointed out the accesses to the site on a map. Mr. Allison said there is a Condition which requires Flatiron to enter into a road agreement for a certain portion of Weld County Road 22. William Crews, Agent for North American Resources Company, said they have no objections to the Plan as drawn. Commissioner Kirby moved to approve the request of Flatiron Structures Company for a Site Specific Development Plan and Planned Unit Development Plan, First Filing, based on the recommendation of the Planning staff and the Planning Commission, with the Conditions of Approval as entered into the record. The motion was seconded by Commissioner Webster, and carried unanimously. This Certification was approved on the 5th day of August, 1991. APPROVED: ATTEST: 1 4 441,1 BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO Weld County Clerk to the Board J By: \-3/Cat fti- Go n c Chairman Deputy C rk to the Board ,241 Geo ge Kennedy, Pro-Tem TAPE 091-21 Constance L. Harbert DOCKET 091-39 15/4.27-4-4,'" C. W. Kirby PLOB14 W. ebster 910700 00 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 31st DAY OF July , 1991 : DOCKET # 91-39 - Flatiron Structures Company - PUD DOCKET # 91-42 - Commissioners/Keota - COZ DOCKET # DOCKET # DOCKET # PLEASE write or print your name legibly, your address and the DOC # (as listed above) or the name of the applicant of the hearing you are attending. . NAME ADDRESS HEARING ATTENDING MLa =tit 4-- 9/-3, BoA . ,c _ !e& : d dsf,9taa Ct c u2 -31 JoGc hie 67L p0. &A ZZ51) (Ono„beri71 W &SU z 47- 3f • S'_ro • STATE OF COLORADO ) ( )s.s. COUNTY OF WELD ) David 8. Reynolds, being duly sworn, says that he is publisher of The New News, a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a general circulation in said County and has been continously and uninterruptedly • published therein, during a period of at least fifty-two consecutive weeks prior to PUBLIC NOTICE the first publication of the annexed Board of County notice; that said newspaper is a Commssi of Weld Cq Colorado, on July 31, 1981; newspaper within the meaning of the conditionally approved a site act of the General Assembly of the aeI next PIa� and State of Colorado,, entitled "An Act f°` the bed described p`beeow. "'d to regulate the printing of legal approval a tthhis plan camp " Article�`Title 7f,p R,g t any notices and advertisements, ' and amended for a period of try • that the notice years. amendments thereto; APPLICANT: Flatiron structures of which the annexed is a printed Companyon seM840, 33x, '+'e i SW1/4 of S part 1, copy taken from said newspaper, was the ws; swv,t a Section 11 Towtnhsehip 3 North, Ra e e West published in said newspaper, and in ffypE ebpp.srE cous., the regular and entire issue of APPROVEDlopment Plan.First Filing every number thereof , mre�O PARCEL: 38.376 acres, ess Failure to abide by the terms and conditions of approval will result once a week for in a forfeiture of the vested y right. successive weeks) that said notice propert BOARD OF COUNTY COMaILSSIONER.S was so published in said newspaper WELD COUNTYNALD,COLORADO proper and not in any supplement B CEDRIC TOTD.WARDEN HEBOA p thereof , and that the first ixputy�r:To�Beerd` Phe NewlNe August 8, 19W, in publication of said notice as The New News. aforesaid, was on the 3_ day of R. IA ra � 19 �/ , and the last on the ,L day of 91— Subscribed and sw 1n to before me this day of GCGyctrlf , 19 5% . .CUaix ,� Z.�cou ar.-.- wy Commission expires fla sh tx;,1992 5107C0 0 PUBLIC NOTICE The Board of County Commissioners of Weld County, Colorado, on July 31, 1991, conditionally approved a Site Specific Development Plan and Planned Unit Development Plan 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: Flatiron Structures Company P.O. Box 2239 Longmont, Colorado 80502 LEGAL DESCRIPTION: Part of the W? SWy of Section 11, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Planned Unit Development Plan, First Filing SIZE OF PARCEL: 36.326 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: DONALD D. WARDEN CLERK TO THEBOARD - y n Deputy C1 to the Board PUBLISHED: August 8, 1991, in The New News Slier :0 STATE OF COLORADO ) Is.s. COUNTY OF WELD ) David B. Reynolds, being duly sworn, says that he is publisher of The New News, a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a general circulation in said County NOTICE and has been eontinous 1 y and Pursuant to the sating laws of the . uninterruptedly published therein, state of Colorado and the weld during a period of at least hearm Ordinance, ipu the hearing w11C a held in the fifty-two consecutive weeks prior to ion Etoard f Weld cu�ty the first publication of the annexed CCeentteer, 915 10thStreet,FFhtystt notice; that said newspaper is a tee. Greeley, Colorado, at the specified. AS persons 1n any newspaper within the meaning of the manner interested in the following pr _oposed Planned act of the General Assembly of the Devel ent Plan are request teed to attend and may be heard. State of Colorado,, entitled "An Act Should the applicant or any to regulate the interested desire the g printing of legal presence of a reporter to ptakenotices and advertisements, " and m addition0toto the ta of the ped records which will be kept during the amendments thereto; that the notice tho¢aarriinng¢ the eClea the Boards ON(ce's5uu be advised in writing of which the annexed is a printed of s w action at least five days hearing. The coat of Copy taken from said newspaper, was b s� � shall be published in said newspaper, and in BE and w bite the regular and entire issue of � examined County PLding��c+of every number thereof , Co�i�rethe ��ain nib Weld Comff Centennial Center, 99155 ek1y0 Street, Third Floor once a week for I DIxaCE}N O.a 91do� successive weeks; that said notice Company - Ertl'°" � Lon�ponR Coloa 90 was co published in said newspaper DA Ju(y s1,1w1 proper and not in any supplement , TIME: 10:90 A.59. kga Development Plan and thereof , and that the first Unit DevilmmwitPlan let Filing publication of said notice as LEGAL Ds�(RMTION: Part of the W1/5 SW1/4 Section 11 Townshipaforesaid, was on the meth P.M.,Rance68 West ��\\ Wed County, Colorado LOCATION: North of and ,, l day of a 19 g 1 , an�eas�a za any Rona i 05 Frontage Road to a 1=BOARD OF g gC�OUNNETpYg and the last on the �7 day of WELD COMM_ °M8 BY: DONALD D.WARDEN WELD CLERIC TOTHEBOA�RD s • IRY; Cat oL not V _,_Done 1Glw[ uoara The New News. ti7, 1N1, in Subscribed and swot to before me this thL day of r X6/'I rtth ,s/ NOTICE 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 following proposed Planned Unit Development Plan 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 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 N0. 91-39 Flatiron Structures Company P.O. Box 2239 Longmont, Colorado 80502 DATE: July 31, 1991 TIME: 10:00 A.M. REQUEST: A Site Specific Development Plan and Planned Unit Development Plan, 1st Filing LEGAL DESCRIPTION: Part of the WI SW,' Section 11, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado LOCATION: North of and adjacent to Weld County Road 22; and east of and adjacent to the I-25 Frontage Road BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Cathy L. Flot DATED: June 17, 1991 Deputy Clerk to the Board PUBLISHED: June 27, 1991, in The New Akin_ t7 07cO CC4-4-/b4 f kal/d% SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING June 4, 1991 Page 3 Michael Cole, surrounding property owner, submitted a letter with 5 request the neighborhood would like to see if the kennel is approved. Rod Allison reviewed the letter and stated 4 of the request were included with staff comments and the request about not being able to transfer the specail use permit upon sale of the property was not included. Rod Allison presented a standard so the Special Use permit could not be transferred if the property was sold. Bud Clemons moved that Case Number USR-946 with the addition of Development Standards #17 be sent to the Board of County Commissioners with the Planning Commission's recommendation for approval. Motion seconded by Judy Yamaguchi. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Ann Garrison - yes; Shirley Camenisch - yes; Judy Yamaguchi - yes; Bud Clemons - yes; Jerry Kiefer - yes; Don Feldhaus - yes; LeAnn Reid - yes. Motion carried. Don Feldhaus complimented the Austins on working with the neighbors. CASE NUMBER: S-316 c* .. APPLICANT: Flatiron Structures Company REQUEST: A Site Specific Development Plan and Planned Unit Development Plan, 1st Filing. LEGAL DESCRIPTION: A part of the W2 SW4 of Section 11, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 22; east of and adjacent to the I-25 Frontage Road. Barb Brunk, Rocky Mountain Consultants, representative, and John West, Project Manager, Flatiron Structures Company, applicant, explained that this will create 2 lots of 15 and 20 acres. Flatiron agrees with the Planning staff's recommendation. Barb Brunk showed on the map the proposed screening to include Rocky Mountain Junipers and Russian Olives and explained when development occurs they will discuss screening with the staff. This will include a 4 foot berm and with the planting will achieve a mature height of 15 to 20 feet tall. Don Feldhaus asked about the maturity time. Barb Brunk said 2 to 3 years for density. The Chairman asked if there was anyone in the audience who would like to speak for or against the application. al ).":1"-n SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING June 4, 1991 Page 4 David Osborne, Attorney, said he was concerned with buffering. He said it would take 5 years to get any screening or density. He would like to have them put in a 6 foot pre-cast concrete fence similar in material to the existing building facades on the property. He feels it would be more cost effective. He said the 4 foot berm would not screen Flatiron from their property. John West explained that the berm is almost 10 feet high and combined with planting the screening will be over 20 feet. He said it is difficult to construct any type of fence, also a fence is not as visually pleasing as berming and planting. Bill Crews, Agent, North American Oil and Gas stated that his main concern was to protect the access to the oil and gas production facility. The Chairman asked Rod Allison to read the staff's recommendation into the record. The applicant stated they agreed with the staff's recommendations. Ann Garrison moved that Case Number S-316 be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval with the condition that Flatiron revise their landscaping plan by mixing the Rocky Mountain Juniper and the Russian Olive trees for better year around screening. Motion seconded by Judy Yamaguchi. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Ann Garrison - yes; Shirley Camenisch - yes; Judy Yamaguchi - yes; Bud Clemons - yes; Jerry Kiefer - yes; Don Feldhaus - yes; LeAnn Reid - yes. Motion carried. LeAnn Reid left at 4:29 p.m. CASE NUMBER: Amended USR-918 APPLICATION: Jamison Tool, Inc. , and Colorado Incineration Services. REQUEST: An amended Site Specific Development Plan, a Special Review permit and a Certificate of Designation for a Bio-Medical Incineration Facility in the I-3 (Industrial) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 32, T3N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: South of Weld County Road 28 and west of and adjacent to Weld County Road 41. Ken Lind, Attorney, representative for Jamison Tool and Colorado Incineration explained this particular application is due to changes in the original application and is being presented for review and recommendation. He described the 40 acre parcel, part of which is sited for Tire Mountain and the remaining 3.8 acres will be the site of Colorado Incineration. At the present time the facility is permitted and can be operated but it is designated for a 50' x 90' BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY"COrMISrSIONfl, Moved by Ann Garrison that the following resolution T4 th the addition of Condition #3 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: S-316 NAME: Flatiron Structures Company ADDRESS: P.O. Box 2239 Longmont, CO 80502 REQUEST: A Site Specific Development Plan and a Planned Unit Development Plan, 1st Filing. LEGAL DESCRIPTION: A part of the W2 SW4 of Section 11, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 22, east of and adjacent to the I-25 Frontage Road. 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 28.9 of the Weld County Zoning Ordinance. 2. The Planned Unit Development (PUD) plan application is in conformance with Section 28.13 of the Weld County Zoning Ordinance as follows: The proposed PUD plan is located within the I-25 Mixed-Use Development area. The uses proposed for the PUD plan are consistent with the uses described in the I-25 Mixed-Use Development Area and Activity Centers Section of the Comprehensive Plan; The PUD plan conforms to the PUD district. The Utility Coordinating Advisory Committee reviewed and approved the utility plan map at its May 23rd meeting. The application materials demonstrate that the uses allowed under the proposed PUD plan will be compatible with existing and future development of the surrounding area and also with future development as projected by the plans of affected municipalities. A memo dated February 6th from the Tri-Area Planning Commission stated the PUD District did not conflict with it's interest. A representative of the Tri-Area Planning Commission indicated they did not wish to review the PUD plan. ttt 7co ev_44-4 1)-( 7- 3 RECOMMENDATION, FLATIRON STRUCTURES S-316 Page 2 The PUD is not located in an overlay district area. These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information regarding this request, and responses of referral entities reviewing the request. The Planning Commission's recommendation for approval is conditional upon the following: 1. Prior to recording the PUD plan plat: The Board of County Commissioners shall approve the subdivision improvements agreement and the form of collateral. The security for the agreement shall be tendered and accepted by the Board for the subdivision improvements agreement. The Board of County Commissioners shall approve the off-site road improvements agreement for Weld County Road 22 and the form of collateral. The security for the agreement shall be tendered and accepted by the Board for the off-site road improvements agreement. The PUD plan plat shall be amended to show the gas line along the west property line between Lots 1 and 2 is located within a utility easement. The PUD plan plat shall be amended to show the location of the northern property line of Lot 2 as proposed by the applicant. 2. The following notes shall be placed on the PUD plan plat: The uses permitted within the PUD plan are C-1 (Neighborhood Commercial) , C-2 (General Commercial) , C-3 (Commercial) , I-1 (Industrial) , I-2 (Industrial) , and I-3 (Industrial) as described in the application materials and Weld County Zoning Ordinance. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. A site plan review is required in accordance with Section 35.4 of the Weld County Zoning Ordinance. The PUD Plan plat for Case Number S-316 creates 2 lots. Approval of a site plan review may be used to create additional lots or adjust property lines. A mylar plat shall be submitted with the site plan review application. The plat shall be prepared by a land surveyor registered in the State of Colorado. e?r'`T FLATIRON STRUCTURES S-316 Page 3 The plat shall be delineated in non-fading permanent black ink on a dimensionally stable polyester sheet such as cronar or mylar or other product of equal quality, three mils or greater in thickness. The size of each sheet shall be either eighteen inches (18") in height by twenty-four inches (24") in width or twenty-four inches (24") in height by thirty-six inches (36") in width. No mixing of sheet sizes is allowed. No plat submitted shall contain any form of stick-on-type material such as, but not limited to "sticky-back", adhesive film, or kroy lettering tape. The drawing shall be at a scale sufficient to show all necessary detail. A. A photo mylar copy or diazo sensitized mylar copy of the original ink drawing may be submitted. The material shall be at least 3 mils or greater in thickness. B. The plat submitted will contain the original signatures and seals of all parties required to sign the plat. If a photo mylar copy or diazo sensitized mylar copy is submitted the original signature and seals shall be contained thereon. C. The plat shall be titled amendment to lot of Subdivision Case x/316. The appropriate amendment and lot number will be filled in by the Planning Department. D. The plat shall bear the following certifications: (1) . Property owner's certificate example: I (We) , the undersigned, being the sole owners in fee of the above described property do hereby subdivide the same as shown on the attached map. I (We) understand this property is located in the zone district and is also intended to provide areas for the conduct of other uses by right, accessory uses, and uses by special review. (Signatures) (Signature) The foregoing certification was acknowledged before me this day of A.D. , 19 My Commission Expires: Notary Public Witness my Hand and Seal FLATIRON STRUCTURES S-316 Page 4 (2) . Surveyor's Certificate example. I a Registered Professional Land Surveyor in the State of Colorado do hereby certify that this plat was prepared under my personal supervision, and that this plat is an accurate representation thereof. I further certify that the survey and this plat complies with all applicable rules, regulations, and laws of the State of Colorado, State Board Of Registration For Professional Engineers And Professional Land Surveyors, and Weld County. Registered Land Surveyor, Colorado Registration # Date (3) . The plat is accepted and approved for filing. Department of Planning Services' Director The foregoing certification was acknowledged before me this day of , A.D. , 19 My Commission expires: Notary Public Witness my hand and seal (4) . Easement Certificate example. This certificate shall be used when any easement crosses any of the proposed lots of the PUD Plan. The plat shall also identify the benefitted lot and purpose of the easement. I (we) do hereby dedicate, for the benefit of the property(ies) shown or described hereon, easements for the purposes shown or described hereon. (Signature) (Signature) SI! (27°x,0 FLATIRON STRUCTURES S-316 Page 5 The foregoing certification was acknowledged before me this day of , A.D. , 19 May Commission expires: Notary Public Witness my hand & seal E. A boundary survey shall be required for each lot associated with the proposed lot amendment. When additional lots are created, they shall be numbered consecutively. For example, to create 3 lots out of Lot 1, the lots would be identified as Lots 1, 2, and 3, first amendment to Lot 1 of Subdivision Case 316. F. The plat shall include a vicinity sketch locating the amendment with respect to other PUD plan lots, public and private roads, and other major land features. G. Lot requirements: (1) . The mylar plat for each lot shall show a minimum side and rear lot line utility and drainage easement of 10 feet. The utility and drainage easement for front lot lines shall be 15 feet. (2) . All lots shall be a minimum 1 acre in size. (3) . All lots shall have a legal and adequate access. (4) . The St. Vrain Sanitation District shall provide sewer service to each lot. (5) . Central Weld County Water District shall provide - water service to each lot. (6) . A storm water management plan shall be prepared by a registered engineer when additional lots are proposed. The storm water management plan shall correspond with the storm water management plan prepared for the PUD plan on file with the Clerk to the Board of County Commissioners. FLATIRON STRUCTURES S-316 Page 6 (7) . All outdoor storage areas shall be screened from public rights-of-way and adjacent properties located on the perimeter of the PUD plan. (8) . All signs within the PUD plan shall comply with the sign requirements for the commercial and industrial districts as listed in Section 42.3 of the Weld County Zoning Ordinance, except off-site directional signs and advertising signs and billboards are not permitted. (9) . Approval of a subdivision improvements agreement shall be required if an additional lot requires a guarantee for construction of additional improvements. (10) . The maximum building height shall be 32 feet. (11) . A minimum 15 percent of each lot shall be landscaped to comply with the Commercial Performance Standards of Section 33.6 of the Weld County Zoning Ordinance. (12) . All building structure exteriors shall be neutral or earthtone in color. (13) . Liquid and solid waste shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (14) . No permanent disposal of waste shall be permitted within the PUD plan. (15) . Any required Emissions Permits shall be obtained from the Air Pollution Control Division, Colorado Department of Health. (16) . The maximum permissible noise level shall not exceed the commercial limit of 60 dB(A) , as measured according to Section 25-12-102, C.R.S. Construction projects shall be subject to the maximum permissible noise levels specified for industrial zones during the construction period. (17) . Fugitive dust shall be controlled on the PUD Plan site. (18) . All food service facilities shall comply with the rules and regulations governing the sanitation of food service establishments in the State of Colorado. FLATIRON STRUCTURES S-316 Page 7 (19) . All site plan reviews which include new building structures shall submit a report by a qualified soils and foundation engineer to determine a suitable foundation type for structures. (20) . All site plan review applications shall comply with the Oil and Gas Conservation Commission safety rules. Wells shall be located a distance of 150 feet or one and one-half times the derrick height, whichever is greater, from any occupied building, public road, or major above ground utility line or railroad. Tanks shall be a minimum of 200 feet from the residences, normally occupied buildings, or well-defined normally occupied outside areas. Fired vessels or heater treaters shall be a minimum of 200 feet from residences, occupied buildings, or well-defined normally occupied outside areas. (21) . The PUD District Plat, the PUD Plan Plat, and all applicable site plan review plats shall show the fifty (50) foot easement maintained by Panhandle Eastern Pipeline Company. No structures shall be allowed within the easement area. All site plan review applications which include this high pressure gas line easement shall be referred to Panhandle Eastern Pipeline Company for review and recommendation. (22) . All lots within the PUD plan shall comply with the requirements of the Mountain View Fire Protection District. (23) . All lots within the PUD plan shall comply with the applicable requirements of the Weld County Building Code Ordinance. All streets within the PUD plan are private and shall be built to County standards. All streets within the PUD plan shall be maintained by lot owners unless other arrangements are approved by the Board of County Commissioners. 3. Prior to scheduling this request before the Board of County Commissioners, the applicant shall submit: A revised landscape and screening plan map which shows the Rocky Mountain Juniper and Russian Olive trees are mixed and randomly spaced at average of 10 foot centers along the west side of the outdoor storage area. et.v a co FLATIRON STRUCTURES S-316 Page 8 Motion seconded by Judy Yamaguchi. VOTE: For Passage Against Passage Richard Kimmel Ann Garrison Shirley Camenisch Don Feldhaus Judy Yamaguchi LeAnn Reid Bud Clemons Jerry Kiefer 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, Jerrie Schwartz, 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 4, 1991, and recorded in Book No. XIII of the proceedings of the Planning Commission. Dated the 4th day June, 1991. Jer '-, Schwar retary Sl-F iro INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Flatiron Structures Company Case Number: S-316 Submitted or Prepared Prior to Hearing At Hearing 1. Application 99 Pages X 2. Application plat(s) 3 pages X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner's Mailing List X 6. DPS Mineral Owner' s Mailing List X 7. DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. Storm Water Management Plan - 26 pages and 1 map X 12. Shirley Camenisch Field Check X 13. Letter - Pan Handle Eastern Pipeline Co. , X 3 pages, May 20, 1991. 14. Letter - City of Longmont, May 15, 1991, 2 pages X 15. Letter - Division of Highways, May 16, 1991, X 1 page. 16. Memo - Colorado Oil and Gas Commission, X May 13, 1991, 1 page. 17. Memo - Longmont Soil Conservation District, X May 14, 1991, 1 page. 18. Memo - Engineering, May 28, 1991, 1 page. X 19. Memo- Health Department, May 28, 1991, 1 page. X 20. Letter - David L. Osborn, 1 page, May 22, 1991 X 21. Letter - David Osborn, 2 pages, June 4, 1991. h I hereby certify that the items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board' s office on December 7, 1990. Principal Planner STATE OF COLORADO ) COUNTY OF WELD ) /�/ SUBSCRIBED AND SWORN TO BEFORE ME THIS II�'v day of JjAvij 19 �(/ . SyL • , v U I i NOT PUB { p�` L C { ;fi'3.tde .'449, >r:x,8^- '$;tea. , - o 'n'• My' Commission Expires 7co 6sim 6 ! T A ask SXHIBIT INVENTORY CONTROL SHEET (� Case (/t - Qu Q �.l citz/L i_i Vac<cAttited 1 OThr0 Exhibit Submitted AByA Exhibit Description /1 A. tilt. r /�/ j� — � � LEA (I121/21 9 (e/.l1 B. t/Ct17 ('9m Urru t o,t - did aamikeitda41)7c4 ktmen Yr'S ketEict,c) &aid - 4ftet Patu-' t E. F. G. H. I. J. K. L. M. N. 0. P. Q. R. S. T. U. V. W. X. Y. Z. ftecr o Date: June 4, 1991 CASE NUMBER: S-316 NAME: Flatiron Structures Company ADDRESS: P.O. Box 2239 Longmont, CO 80502 REQUEST: A Site Specific Development Plan and a Planned Unit Development Plan, 1st Filing. LEGAL DESCRIPTION: A part of the W2 SW4 of Section 11, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 22, east of and adjacent to the I-25 Frontage Road. 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 28.9 of the Weld County Zoning Ordinance. 2. The Planned Unit Development (PUD) plan application is in conformance with Section 28.13 of the Weld County Zoning Ordinance as follows: - The proposed PUD plan is located within the I-25 Mixed-Use Development area. The uses proposed for the PUD plan are consistent with the uses described in the I-25 Mixed-Use Development Area and Activity Centers Section of the Comprehensive Plan; - The PUD plan conforms to the PUD district. The Utility Coordinating Advisory Committee reviewed and approved the utility plan map at its May 23rd meeting. The application materials demonstrate that the uses allowed under the proposed PUD plan will be compatible with existing and future development of the surrounding area and also with future development as projected by the plans of affected municipalities. A memo dated February 6th from the Tri-Area Planning Commission stated the PUD District did not conflict with it' s interest. A representative of the Tri-Area Planning Commission indicated they did not wish to review the PUD plan. - The PUD is not located in an overlay district area. These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information regarding this request, and responses of referral entities reviewing the request. The Planning Commission's recommendation for approval is conditional upon the following: RECOMMENDATION, FLATIRON STRUCTURES S-316 Page 2 1. Prior to recording the PUD plan plat: The Board of County Commissioners shall approve the subdivision improvements agreement and the form of collateral. The security for the agreement shall be tendered and accepted by the Board for the subdivision improvements agreement. The Board of County Commissioners shall approve the off-site road improvements agreement for Weld County Road 22 and the form of collateral. The security for the agreement shall be tendered and accepted by the Board for the off-site road improvements agreement. The PUD plan plat shall be amended to show the gas line along the west property line between Lots 1 and 2 is located within a utility easement. The PUD plan plat shall be amended to show the location of the northern property line of Lot 2 as proposed by the applicant. 2. The following notes shall be placed on the PUD plan plat: The uses permitted within the PUD plan are C-1 (Neighborhood Commercial) , C-2 (General Commercial) , C-3 (Commercial) , I-1 (Industrial) , I-2 (Industrial) , and I-3 (Industrial) as described in the application materials and Weld County Zoning Ordinance. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. A site plan review is required in accordance with Section 35 .4 of the Weld County Zoning Ordinance. The PUD Plan plat for Case Number S-316 creates 2 lots. Approval of a site plan review may be used to create additional lots or adjust property lines. A mylar plat shall be submitted with the site plan review application. The plat shall be prepared by a land surveyor registered in the State of Colorado. The plat shall be delineated in non-fading permanent black ink on a dimensionally stable polyester sheet such as cronar or mylar or other product of equal quality, three mils or greater in thickness. The size of each sheet shall be either eighteen inches (18") in height by twenty-four inches (24") in width or twenty-four inches (24") in height by thirty-six inches (36") in width. No mixing of sheet sizes is allowed. No plat submitted shall contain any form of stick-on-type material such as, but not limited to "sticky-back" , adhesive film, or kroy lettering tape. The drawing shall be at a scale sufficient to show all necessary detail. 51.3107C0 { RECOMMENDATION, FLATIRON STRUCTURES S-316 Page 3 A. A photo mylar copy or diazo sensitized mylar copy of the original ink drawing may be submitted. The material shall be at least 3 mils or greater in thickness. B. The plat submitted will contain the original signatures and seals of all parties required to sign the plat. If a photo mylar copy or diazo sensitized mylar copy is submitted the original signature and seals shall be contained thereon. C. The plat shall be titled amendment to lot of Subdivision Case /316. The appropriate amendment and lot number will be filled in by the Planning Department. D. The plat shall bear the following certifications: (1) . Property owner' s certificate example: I (We) , the undersigned, being the sole owners in fee of the above described property do hereby subdivide the same as shown on the attached map. I (We) understand this property is located in the zone district and is also intended to provide areas for the conduct of other uses by right, accessory uses, and uses by special review. (Signatures) (Signature) The foregoing certification was acknowledged before me this day of A.D. , 19 My Commission Expires: Notary Public Witness my Hand and Seal (2) . Surveyor's Certificate example. 1, a Registered Professional Land Surveyor in the State of Colorado do hereby certify that this Recorded Exemption plat was prepared under my personal supervision, and that this plat is an accurate representation thereof. I further certify that the survey and this plat complies with all applicable rules, regulations, and laws of the State of Colorado, State Board Of Registration For Professional Engineers And Professional Land Surveyors, and Weld County. Registered Land Surveyor, Colorado Registration # Date 91.3700 RECOMMENDATION, FLATIRON STRUCTURES S-316 Page 4 (3) . The plat is accepted and approved for filing. Department of Planning Services' Director The foregoing certification was acknowledged before me this day of , A.D. , 19 My Commission expires: Notary Public Witness my hand and seal (4) . Easement Certificate example. This certificate shall be used when any easement crosses any of the proposed lots of the PUD Plan. The plat shall also identify the benefitted lot and purpose of the easement. I (we) do hereby dedicate, for the benefit of the property(ies) shown or described hereon, easements for the purposes shown or described hereon. (Signature) (Signature) The foregoing certification was acknowledged before me this day of , A.D. , 19 May Commission expires: Notary Public Witness my hand & seal E. A boundary survey shall be required for each lot associated with the proposed lot amendment. When additional lots are created, they shall be numbered consecutively. For example, to create 3 lots out of Lot 1, the lots would be identified as Lots 1, 2, and 3, first amendment to Lot 1 of Subdivision Case 316. 51.0700 RECOMMENDATION, FLATIRON STRUCTURES S-316 Page _5 F. The plat shall include a vicinity sketch locating the amendment with respect to other PUD plan lots, public and private roads, and other major land features. G. Lot requirements: (1) . The mylar plat for each lot shall show a minimum side and rear lot line utility and drainage easement of 10 feet. The utility and drainage easement for front lot lines shall be 15 feet. (2) . All lots shall be a minimum 1 acre in size. (3) . All lots shall have a legal and adequate access. (4) . The St. Vrain Sanitation District shall provide sewer service to each lot. (5) . Central Weld County Water District shall provide water service to each lot. (6) . A storm water management plan shall be prepared by a registered engineer when additional lots are proposed. The storm water management plan shall correspond with the storm water management plan prepared for the PUD plan on file with the Clerk to the Board of County Commissioners. (7) . All outdoor storage areas shall be screened from public rights-of-way and adjacent properties located on the perimeter of the PUD plan. (8) . All signs within the PUD plan shall comply with the sign requirements for the commercial and industrial districts as listed in Section 42.3 of the Weld County Zoning Ordinance, except off-site directional signs and advertising signs and billboards are not permitted. (9) . Approval of a subdivision improvements agreement shall be required if an additional lot requires a guarantee for construction of additional improvements. (10) . The maximum building height shall be 32 feet. (11) . A minimum 15 percent of each lot shall be landscaped to comply with the Commercial Performance Standards of Section 33.6 of the Weld County Zoning Ordinance. (12) . All building structure exteriors shall be neutral or earthtone in color. S:41.(17( '0 RECOMMENDATION, FLATIRON STRUCTURES S-316 Page 6 (13) . Liquid and solid waste shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (14) . No permanent disposal of waste shall be permitted within the PUD plan. (15) . Any required Emissions Permits shall be obtained from the Air Pollution Control Division, Colorado Department of Health. (16) . The maximum permissible noise level shall not exceed the commercial limit of 60 dB(A) , as measured according to Section 25-12-102, C.R.S. Construction projects shall be subject to the maximum permissible noise levels specified for industrial zones during the construction period. (17) . Fugitive dust shall be controlled on the PUD Plan site. (18) . All food service facilities shall comply with the rules and regulations governing the sanitation of food service establishments in the State of Colorado. (19) . All site plan reviews which include new building structures shall submit a report by a qualified soils and foundation engineer to determine a suitable foundation type for structures. (20) . All site plan review applications shall comply with the Oil and Gas Conservation Commission safety rules. Wells shall be located a distance of 150 feet or one and one-half times the derrick height, whichever is greater, from any occupied building, public road, or major above ground utility line or railroad. Tanks shall be a minimum of 200 feet from the residences, normally occupied buildings, or well-defined normally occupied outside areas. Fired vessels or heater treaters shall be a minimum of 200 feet from residences, occupied buildings, or well-defined normally occupied outside areas. (21) . The PUD District Plat, the PUD Plan Plat, and all applicable site plan review plats shall show the fifty (50) foot easement maintained by Panhandle Eastern Pipeline Company. No structures shall be allowed within the easement area. All site plan review applications which include this high pressure gas line easement shall be referred to Panhandle Eastern Pipeline Company for review and recommendation. (22) . All lots within the PUD plan shall comply with the requirements of the Mountain View Fire Protection 51 nry,rO District. C RECOMMENDATION, FLATIRON STRUCTURES S-316 Page 7 (23) . All lots within the PUD plan shall comply with the applicable requirements of the Weld County Building Code Ordinance. All streets within the PUD plan are private and shall be built to County standards. All streets within the PUD plan shall be maintained by lot owners unless other arrangements are approved by the Board of County Commissioners. 91-C700 AP � MEMORAnDum Will C Rod Allison, Planning May 28, 1991 To Date Drew Scheltinga, County Engineer COLORADO From Flatiron Structures PUD, S-316 Subject Normally, we try to limit accesses to County roads to quarter-mile spacings. However, because of the configuration of the existing buildings, I would recommend allowing three accesses. The existing access to the Service and Fabrication Shop should remain, an additional entrance on the far eastern boundary of the property should be allowed for the 40' access easement, and only one access allowed in between. This is correctly reflected in the proposed Road Improvements and Maintenance Agreement in the 7th paragraph. The note on the final plat that refers to 40' plus or minus accesses should be revised to make it clear, only one will be allowed. The final location may be determined by a future site plan review. The Storm Water Management Plan by Scott, Cox and Associates, dated May 3, 1991, adequately addresses drainage. In their report, they indicate final drainage improvements cannot be made for Lot 2 until the configuration of development is known. Therefore, final drainage plans should be required as a part of the site plan review for future lots, and done in accordance with the Storm Water Management Plan submitted. The plat should not be recorded until such time the Board of Weld County Commissioners approves the Subdivision Improvements Agreement, and the Road Improvements and Maintenance Agreement, and the associated collateral. 0i_ 'I r,_1 I,:,AY 2 199i held Ce. PSI* c+nelth6S n. DS/mw:prflat.mrw cc: Commissioner Harbert Planning Referral File - Flatiron Structures, S-316 el-C7C0 . ter*, MEMORAnDum Willie To Wold County Planning Date May 28, 1791 s COLORADO From Wog Pnttor, ❑irortnr, Envirnnmental Protactl QT�CI�`..' Si; Subject Casa Number: S-116 Namo• Flatirnp Structtrog Cn Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. Any required Emissions Permit is obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. 3. No permanent disposal of wastes shall be permitted at this site. 4. All waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 5. Fugitive dust shall be controlled on this site. 6. The maximum permissible noise level shall not exceed the light industrial limit of 70 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 7. A bathroom with adequate toilet facilities serviced by the St. Vrain Municipal District is required for the proposed facility and shall be installed according to the Weld County Regulations. 8. The Division requires that this facility utilize the St. Vrain Sanitation District municipal sewer treatment system. WP/lam-13 tfl r_ 1 i r av a_ 199. s WEId Co.Plana gommISSmrr 05/28/91 '8:22 S 303 651 7702 LFPD P.03 MOUNTAIN VIEW FIRE PROTECTION DISTRICT Atea)�� 700 Weaver Park Road, Longmont, CO 80501 (303) 772-0710 Metro(303) 666-4404 May 28, 1991 t—� Mr. Rod Allison, Principal Planner Department of Planning Services " f � - Weld County 9Y 2 g 1991 915 10th Street L3 Greeley, CO 80631 Weld Co. Plaaeled, COWml6eioU Dear Mr. Allison: RR: Case Number S-316 Flatirons Structures Co. Planned Unit Development 1 have reviewed the Final Plat Application for compliance with the adopted Codes and Standards of the Fire District. As a conceptual plan, the PUD complies with the intent of the Codes and Standards of the District. The following comments apply to this application: 1. The District has adopted the Fire Protection Development Standards which apply to all developments and construction within the District. All submitted plans must comply with the Fire Protection Development Standards. Copies of the Standards are available from the fire District Offices. 2. The District has also adopted an inspection and plans review fee which is charged for plans review and inspections. This fee will be charged on all subsequent projects on this site. 3. Special attention is called to Fire Department access, hydrant location and water main size in planning streets, hydrants and utilities. Submit plans to the District for approval prior to beginning construction. 4. As building construction plans are submitted to the District for review, a minimum required fire flow will be calculated for each building (Fire Protection Development Standards Chapter 5). The designer for each building should insure that the submitted plans comply with the minimum required fire flow. MAY 28 ' 91 8: 18 3036517702 PAGE . 003 05/29/91 -'23 S 303 651 7702 LFPD P.04 The staff of the Fire Prevention Division are available to meet with the planners for the MD or individual buildings to answer question or provide Code interpretations applying to the project. Sincerely, �(`1�� C tarts 1 Boy es Fire Prevention Specialist ° — ie ' kV( 2 b 199i Weld Cu. Plamle*fola6sa 54_C7C0 MAY 28 ' 91 8: 19 3036517702 PAGE . 004 WOOD, HERZOG, OSBORN a BLOOM PROFESSIONAL CORPORATION ATTORNEYS AT LAW DAVID L.WOOD 4I OLD TOWN SQUARE 363 ELKHORN C.WILLIAM HERZOG P.O. BOX 2003 ESTES PARK,COLORADO DAVID L.OSBORN FORT COLLINS,COLORADO 80522 (303) 666.5646 CHARLES S. BLOOM (303)484-2928 J.WILLIAM DARROUGH FACSIMILE (303)464-2620 JOHN W. PHARRIS FORT COLLINS.COLORADO J.J.VICK JENNIFER J. STOCKER May 22, 1991 Mr. Jerry Kiefer Chairman Weld County Planning Commission 915 10th Street Greeley, CO 80631 Re: Case No. S-316 Dear Mr. Kiefer: Our law firm represents Rawlins National Bank, who is an adjoining property owner and has received notice of the proposed public hearing of the aforesaid matter. As you know, the Flatiron Structures Company and/or its predecessors and affiliate companies have been in violation for a number of years of both the lot division and the usage provisions of the applicable Weld County zoning codes. It is my understand that with the recent passing of the PUD, that this violation has been "cured" . It is also my understanding that it was a condition of the PUD that adequate screening be provided. The PUD contemplates outdoor storage facilities which will Flatiron and its successors of property to store outdoor property, which as I indicated before, at least conceptually, would be in violation of the best zoning efforts for the PUD approval. My client, Rawlins National Bank, wants to make sure that the outside storage area allowed is minimal and such area is adequately and aesthetically screened in a pleasing manner from Highway Road 22 and I-25 and most particularly, along the line of the 6 acres owned by my client, which 6 acres are immediately north of the Flatirons building. We are in the process of obtaining the exact plans from proposals and will have more details, analysis and/or public commentary, but wished to express our concerns at this point in time. Very truly yours, WOOD,,—HERZ , OSBORN & BLOOM, P.C. I orn � i77:) DLO:kkf ( � _, � xc: Mr. Stan Barrett Liv:AY 2 t. 1991 Weld Co. Plamied COMBI 0b 200 ' 3DHd 0292 POP CrIC LS : II I61 7 mnr + EXHIBIT � CD WOOD. H - BORN e, BLOOM PROIE661ONAL CORPORATION ATTORNEYS AT LAW DAVID L.WOOD •I OLD TOWN SOUARE 363 ELKHORN C.WILLIAM HERSO6 R O.BOX 2003 ESTES PARK,COLORA00 DAVID L.OSBORN FORT COLLINS,COLORADO 90922 13031 SOO-S946 CHARLES S.BLOOM (303)484.2928 J.WILLIAM OARROYOH FACSIMILE (303)164-2620 JOHN W.PNAR RI3 FORT COLLINS.COLORADO J.J-VICK JENNIFER J.STOCKER June 4, 1991 Mr. Jerry Kiefer I �ChairmanWeld County Planning Commission �UI� d 199i 915 10th street Y` _ Greeley, CO 80631 Re: Case No. S-316 Id Co. � S Flatirons PUD Landscaping Plan Dear Mr. Kiefer: As you know from prior correspondence, dated May 22, 1991, our law firm represents Rawlins National Bank who is an adjoining property owner to the west of the subject Flatirons PUD and as received notice of the proposed public hearing of the aforesaid matter. One of the conditions of the PUD, as approved, contemplates that the perimeter of the PUD will be buffered and screened where necessary to insure compatability with adjacent land uses. All outdoor storage areas shall be effectively screened from T-25 and adjoining properties (see page 4 of Flatirons Planning Development Final Plat Application) . In our opinion, the current plan does not constitute adequate buffering and screening sufficient to insure compatability with adjacent land uses. Rawlins National Bank has retained a landscape architect to review the plans and he has advised as follows: While the plan itself, over time, may achieve minimal, reasonable screening, this certainly will not be done in the short run and it may take five years, if not longer, to achieve any degree of meaningful screening. During that period of time, Rawlins National Bank's salability or development of its property will be severely hampered and diminished by the screening. As you will recall, for a number of years, Azalea Farms and its predecessor in title were in violation of the zoning restrictions of Weld County to the extent that they had outdoor storage of this heavy equipment in an agricultural zoning and this is why the PUD itself was filed. In order to have adequate buffering and screening, we would suggest that that a third condition be attached to the PUD that Flatiron be required to submit a revised landscaping plan to the Board and the Planning staff and to adjoining property owners which would contain the following items: 91.-CrO Z00 rel 713 100Z218H 'COM 0Z9Z 686 £0£. 30:3T 16/170190 Page Two June 4, 1991 a. Revise the landscaping plantings using the same quantities as originally specified, the same types as originally specified, but adjust the plantings so that the spacing is random, averaging 10 feet on center, intersperse the evergreens with the deciduous plants in a random fashion to give a more natural appearance and a more effective screening during the winter months. b. Locate a six foot, pre-cast, concrete wall that is consistent with the building facade on the top of the berm. The wall should be continuous along the entire west boundary of the storage area and extending to the north edge of the berms proposed on the original landscape plan. c. Locate all of the plantings west of the aforementioned screening wall. It should be a further condition of the PUD stipulations that the entire west screening fence and plantings he completed by no later than the Fall 1991 planting season and that the entire plantings be completed by no later than the Fall 1992. Additionally, to the extent that the concrete and other recommendations noted herein cause an increase in cost, the increase in cost needs to be reflected in the improvements agreement set forth in the PUD application. Very truly yours, WOOD, HERZOG, OSBORN 6 BLOOM, P.C. orn DLo:kkf 91.07'20 _ swws £00 VI 713 'DOzam 'DOOM 0ZOZ 696 £0£U £0.Zi 16/60,90 LAND-USE APPLICATION SUMMARY SHEET Date: May 16, 1991 CASE NUMBER: S-316 NAME: Flatiron Structures Company ADDRESS: P.O. Box 2239 Longmont, CO 80502 REQUEST: A Site Specific Development Plan and Planned Unit Development Plan, 1st Filing. LEGAL DESCRIPTION: A part of the W2 SW4 of Section 11, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: North of and adjacent to Weld County Road 22, east of and adjacent to the I-25 Frontage Road. SIZE OF PARCEL: 36 acres, more or less. PLANNING COMMISSION FUNCTION: To make a recommendation to the Board of County Commissioners consistent with the criteria listed in Section 28.13 of the Weld County Zoning Ordinance. LAND USE INFORMATION Total Area: 36 acres, more or less. Commercial and Industrial P.U.D. : Two lots proposed, approximately 16 and 20 acres in size. In addition, custom lots may be created by using the site plan review application process. There are 4 existing buildings located on Lot 1. These buildings are currently used as the Flatiron Company office, 2 shop buildings, and a storage building. There are 3 buildings located on Lot 2. These buildings are currently used as a service and fabrication shop, paint shop, and a single family residence. Outdoor Storage: Approximately 9 acres of the P.U.D. Plan is proposed for outdoor storage. Most of the equipment such as truck trailers and mobile office trailers will be from 8 to 10 feet in height. Some equipment, such as cranes will be approximately 20 feet in height. Screening: An 1100 foot long berm, 4 feet in height with two rows of trees (Russia Olive and Rocky Mountain Junipers) are proposed. The trees are located along the berm at 10 foot intervals. The Junipers would average 2 1/2 to 3 feet in height and the olive trees about 6 to 8 feet in height at the time of planting. The distance from the berm to I-25 is approximately 700 feet. 9'? 9'7,`'0 LAND USE APPLICATION SUMMARY SHEET Flatiron Structures Company Page 2 The application proposes soil conservation seedlings at 10 foot intervals along the west, north, and east property lines. 30 additional 1 inch Caliper Russian Olive are proposed on the east side of the outdoor storage area. No outdoor storage will be visible from Weld County Road 22 according to the application. The applicants are proposing a reduced screening plan because there is not any development east of the storage area and a used mobile sales business exists to the north. Access: 1 existing access and 2 proposed access locations from Weld County Road 22. 2 existing access location from the east I-25 Frontage Road. Water: Central Weld County Water District and water delivered to the property by truck for the screening plan. Sewer: St. Vrain Sanitation District. P.U.D. Roads: Privately built and maintained by property owners. Fire Protection: Mountain View Fire Protection District. Police Protection: Weld County Sheriff's Department. Electricity: United Power. Natural Gas: Rocky Mountain Natural Gas Company. Qq C.7n0 FIELD CHECK Filing Number: Amended Z-455 Date of Inspection: February 6 , 1991 Applicant' s Name: Flatiron Structures Company Request: Amend the P.U.D. district to create and amend lots via the site plan review process. Legal Description: Part of the W2 SW4 of Section 11, T2N, R68W of the 6th P.M. , Weld County, Colorado. Location: North and adjacent to Weld County Road 22 , east and adjacent to the east I-25 Frontage Road. Land Use : N Dryland pasture with commercial zoning, mobile home sales . E Agricultural production. S Weld County Road 22, dryland pasture with PUD Zoning, specialty products (light manufacturing) W I-25, dryland pasture with commercial zoning. Zoning: N C-3 (Commercial) E A (Agricultural) S Planned Unit Development (C-1, C-2 , C-3 & I-1 uses) W C-3 (Commercial) COMMENTS : There is one oversized, access approximately 400 feet in width to Weld County Road 22 . Weld County Road 22 is a gravel road and is classified as a county arterial with a future right-of-way of 100 feet. There are two accesses to the East I-25 Frontage Road. This road is paved and part of a principal arterial system with a total future right-of-way of 300 feet. Off-street parking exists on the east and west side of the office and fabrication shop . The Flatiron Structures Company maintains seven buildings located in the southwest corner of the parcel . The buildings include an office (7 , 300 sq . ft. ) , carpentry shop (1 , 850 sq. ft. ) , shop facility (2 , 100 sq. ft. ) , paint shop (5 , 600 sq. ft. ) , storage building (2 , 300 sq. ft. ) , caretakers residence (1 , 200 sq. ft . ) , and a service and fabrication shop (61, 100 sq. ft. ) . The balance of the property is used for construction equipment and material storage . An oil and gas production facility is located in the storage area. The storage area is not screened from Weld County Road 22 , I-25, or adjoining properties. The natural drainage of the property is to the north. 1(ii/ �- Rod Allison Principal Planner ,4 S' es . 1124 M ri }A^ i -.Sr. 2: k G� •-•)Y4 s r �* a. 4 q A F .. r t 3 s x .4, ,. g� a 1' 'YF t .., 9x1 ., . I} _ Sayy i. zK r ' It ' x OG 4, �qt , • t i h • � y ' x N .t x Ills '. 8?x, r i It ' i `'., ir..1,,i, . 147,,, r iii; ,.,..i,,,,17' .'il � tP• x. r } ≥ .4•1e w •, t a, . ,, , . i ,• . •t , , **Y 'C^ yy(y� :: rc: . ;. .. 050 .T. m 4 ., 4.. ° , G • 5, .. .x gy 7".:..r y, ' 41is x .. t u d^ ,. t:i '.:1i..n ••X31 j OGf f- NY .....+u,,, t _ / Del-CC 0. „ ,�: I Nx -- . § y • }t. 44 }T V iryJ�/� i. ^r i X L I +9nA,. ,rv, �,ld� 9 F 3 z F , ; 1, m. ,.n i J :y x l c i ,t .I zsM.„,,,7,,,,4!,p , 9A.0. 720 I ' :: _ ,, u . rl, J - 36 U � `-Jr) rpBg0� •�� / /(, �, 1 a° ,� vvvv�.� r % f � "- " P A i �l - I� r - - - �� -12<t,--� /� • f D / BM _ \�\1 Sao �� - 482T 0 4823 CHa CE r'---- -;------ �� / r �� • , �4g5- B� p51 -- -- - - :26`(_\\\ / \ I) 14832 _ i, 4 9840 1 �� Y r -3 �� _- 2- _ 44834 f / 1 C ir -�O �_ �▪ � �9 - - _ 1 � � i � / r - �� C i.T�ave Pit 0j1CH / 4840 r 1 ..J� (� 1 ® � _.•° _ _ _�-- ___ 448°Well __�� I4@o c �� c \ �943i= !. 853. _ \- _. __ — v y• o J? earO A 4950 11\______7, OLI 1 © ->t r I Qrr J _ �i o ° 1�-� :I S- 3 - - r r -� n� 4856 -- e° �,. 10 211 _ 12� 9 i S ��° d ue6 ' \ I� 11 ii \\ + u I l /A\ (),\ �►'o I� �i' R�n7V'alle ^f ''',. i � II \-,i .v r.ilLinI ' ` ) / _ 1. 76 _ _` j\ �r=1 as¢ i - _a. -L. it0 / f�\ �lume , 1 / t _ Ditch ° —� 0 i \ I • c0 � � L _ P 1 i /ii`` I.• 90 I 1 0 1 -4870 I� O I) J 4•� Rinn �� \ 11 16e: 15 G --'''4• + -- — �— _ _� r % 1� '�L i c, r : a �� ) z �\ 11 C3 -' - 0 � � �� a h G /l� 1 /i �� 11 � I �i'I)\ .° i °� i <eez�r 8M4+13-2- — /-7—(___± � __ I I.o-/ 9251 0 -`�., 1 � I P ! ci 07) cc zs rc000 \ i� o 9 C I�f U �1 I I - // bail Scho 1 A /7 771) / / 24 •J - x • >x > >. [ .Sv+Y 7' '.. FF •—v-�o a. SS e ,a_N : f~• 38 -- - - - •�- - - - R' . i• • • �\. t • �� II. 1 'r ` >L - - • GRE^1 • o. • x > dpS e - •� -6 • • , •▪�. .4:1 kgfl• •v 1, IJI. I •. > . Eno •I ° I° rte'... n (� • •,° •�_>� Sr �I•, _ I • ,. ,13- 32 - • - - • - _ -: . • •--- -- - - --- - - -- /1 /••�. GIs cT3a.. • , . , � .� I • • • : • i v ` • / , • • II-, 36 ro,�r.r,>, I.O. • . .., . • ; i .1 `. „J., '...i�r .<�. . '1, r.; a.. ., .,. . . 4„ ikli • ` •0 •1 • ° 'HFbcl re I ° • Ou::••e042„,.. • •.,q •J\• • t • / ' _ • • > •,• c .i, exo xe I '_ •• o•. » t� - x✓ 22c1,1 1 n , -x, �1 ' • K %�, un 1 I t i 1p \� /r R,u ,ii• 33 34 '' o'1 • dARBOUR 'ONOs. 'r yro 26 • ti) • srAIT -RE - - - -- - - 1 RA •_ _ _ • . / a P r 24 o.o"c.on . •~I �n li�� .Y• / t 1.• I d?•O/ i� ._` • —_V ucr vrm 1° • ao •' \ �• ,•• • •• . Y' ' • tD �° / 2ICNAIITE.°�,.on R ▪1{°•_C 'P;' 1 XILL1 — CI_�• —�_-- r • ° . 7r� .T. > • . 1 �L w x 1 • 1. • 1 - 1 el 22 ---- ----- -- . o mar- / ! • p°r• _ • T .��SF //:'' ' \ T2N. _. E� j �° • 1 x , • ° x. 1• x° L c l ,..c,-t ri °. 'aaT E•1'u = - - rWi fl�• o° op a •° 1 f IEvn5TONtf xr •j to („7.7:-, 16 _' _ d •— • 1I aY)'°_- --_-- -— — — --- — ' 14 ,-- °I• ;J" 1 1 Nh ��I•/!22 r—� ° s. a s; 4 ... . • •• • 1� 1\••• >ccOH• 1 � _. _ _• .Ir.ov. xN' t ag. • • r • , , e •I I f-I� ' t•• °t 5]• ��°!:-. i�•" a •s! -• ii 12 y f _ 1 ' t5.. I � Y_ —� _ F . , �c t. . ,� 1/1 W -v}[ � � /J �.• i $G CO' n1� Cx • • •fi•� •x -� � / r - _ 1` • r • i o Ti. ® •LC ix 1' r , e '/ e 1 ° .� \• • Y1 1 �,.rx . ) dI ; te'4 ., h �;.°I:,m V •r n ie n o _1 i i I r• �Ti-� / C" . �T:4 '� u: v - .I 47 -'>.. xo xl /Mi� xx 1• Ix>� (rC rv, 1«,L n • 20 1• xl i.• xx if „. °••x• ryJ1,°I II/ 'i'1.°a°'6 - l. / � ..' ' i Uanor °°S• a C.. �1J'f •• wA; IFPvGE�iG ' ii 6 — —o I` — ' �� 111 xr I v • ,o 'Yq / � xx j xr x 1 ten• >' k' 4 m j ^ Q1s .� 1 �� y -. . .c RR - 5•i' N I }9 ;-R.68�1V i_ yk' H R i 0 i p h 67YN' / 1! rri. I • .C��f, iI A 0 A • M 5-...‘ca. ,...,... . REFERRAL LIST NAME: Flatiron Structures Company CASE NUMBER: S-316 REFERRALS SENT: May 8, 1991 REFERRALS TO BE RECEIVED BY: May 22, 1991 COUNTY TOWNS and CITIES Attorney Ault X Health Department Brighton _Extension Service Broomfield Emergency Management Office Dacono Sheriff' s Office Eaton X Engineering Erie _Housing Authority evens Airport Authority Firestone X Building Inspection Fort Lupton Frederick STATE Garden City Division of Water Resources Gilcrest _Geological Survey Greeley _Department of Health Grover X Highway Department Hudson Historical Society _Johnstown Water Conservation Board Keenesburg X Oil and Gas Conservation Commission Kersey La Salle FIRE DISTRICTS Lochbuie Ault F-1 Longmont _Berthoud F-2 Mead _Brighton F-3 Milliken _Eaton F-4 New Raymer _Fort Lupton F-5 Northglenn Galeton F-6 Nunn _Hudson F-7 Platteville Johnstown F-8 _Severance La Salle F-9 Thornton X Mountain View F-10 _Windsor _Milliken F-11 _Nunn F-12 COUNTIES Pawnee _Adams Platteville F-13 _Boulder Platte Valley F-14 Larimer Poudre Valley F-15 Raymer FEDERAL GOVERNMENT AGENCIES Southeast Weld F-16 US Army Corp of Engineers Windsor/Severance F-17 _USDA-APHIS Veterinary Service Wiggins F-18 _Federal Aviation Administration Western Hill F-20 Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS Central Colo. Water Conservancy Dist. Brighton X Panhandle Eastern Pipe Line Co. Fort Collins Tri-Area Planning Commission Greeley Tri-Area Planning Commission X Longmont X Ms. Froda Greenberg, AICP West Adams City of Longmont Dept. of Community Development Planning COMMISSION/BOARD MEMBER Division Civic Center Complex X Shirley Camenisch rArtnn Longmont, CO 80501 FIELD CHECK PRINCIPAL PLANNER: Rod Allison FILING NUMBER: S-316 DATE OF INSPECTION: 67/4/2/7( APPLICANT' S NAME: Flatiron Structures Company ((( / REQUEST: A Site Specific Development Plan and Planned Unit Development Plan First Filing LEGAL DESCRIPTION: A part of the W2 SW4 of Section 11, T2N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: 1.5 miles north of Frederick; north of and adjacent to Weld County Road 22; east .�-o-f-- and adjacent to the 1-25 Frontage Road LAND USE: N ayZO2,iSi 2,LYUxficc2x.,C + ntel etel ao> s # f 5.,eu tiwtar ; . 1 w -a-6+S- a (a . 4 i-.25 ZONING: Ia Planned Unit Development U A (Agricultural) ®S Planned Unit Development and A (Agricultural) (7 C-3 (Commercial) COMMENTS: /� n // 440 A l�l� A ,AlilO LiL.PXi (i'lg/.Cl�t"ll,�(a JA-4.-ld.Ii/90x/� TiN7d"0��.d/�as-) U l L. Rek. -419., itte,c 91�-e, --111_47X6.0evzt.I,.�st_r,l7 �l e e e t , , ee l��•' i2,u ors ,. 0.G1v Vii. , .7� ,Al c._ .,._�._ •� �A' , !� �` -� /�'. �.�.,._. � ♦_�_ . .cctLeis0 milt A4,4 2�i• il, , Oa CO StCP-tnt--QZCg2 OJ °le ja,64leatil ; )1.o-I, I 4-/44" P l Qa se 41-7kketurcktelii Ihc-41-rp,, ,, Eil n.7 �4 �C Oil ---:4:1 -j cce �u ci � C `�(��C4 v "�-J'b ,,(Cv '�,,,41,i.C h<2; ^��C �V vl�% Sh—cA frtetic ti Ajel,L , . PANHANDLE EASTERN PIPE LINE COMPANY 635 No. 7th Brighton, Colorado80601 (3O3) 659-5922 May 20, 1991 Weld County Dept, of Planning Services 915th 10th Street Greeley, CO. 80231 Attn: Rod Allison, RE: Case Number S-316 - Flatrion Structures Co. , Site Specific Development Plan and Planned Unit Development Plan - 1st Filing. Dear Mr. Allison: Please find attached a copy of our as-built map, which hi-lights Panhandle Eastern"s pipeline, 16-10-075-147-4" , located in or near the property described as part of the West Half of the Southwest Quarter of Section 11 , Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado. More specifically a parcel of land of which is located 1 1/2 miles North of Frederick; North of and adjacent to Weld County Road 22; East of and adjacent to the I-25 Frontage Road. Panhandle does not foresee any conflicts with this request, however, before approval is given we request that a representative of Flatiron Structures Co. and all contractors involved in the construction/excavation of this project, contact us prior to plans of construction. At that time, we may discuss their plans and interpret the following stipulations. Panhandle Eastern maintains a 50-foot wide right-of-way on all pipelines and will not allow any building within that easement area.Utility lines, streets, sidewalks, and driveways may be installed at approximate right angles to the pipeline herein authorized, provided, however, that all utilities cross under our pipeline with a minimum clearance equal to the diameter of the larger utility or 18" , whichever is greater.No paved or traveled portion of any street, sidewalk, driveway, road, alley, or curbing will be placed substantially parallel to and within fifteen ( 15" ) feet of the pipeline, provided adequate working space is available on the other side of the pipeline. In the event of a proposed crossing with a road or utility, please contact Utility Notification Center of Colorado (UNCC) at 534-6700 (Local & Metro Denver) , or 1-800-922-1987 (Outside the Metro area) , with two (2) business days notice, and at no cost to you, we will locate and mark our lines to eliminate accidents that can occur from foreign forces. Q1 C7J0 We will be more than happy to work with everyone involved, however, it must be noted that if for any reason our lines must be moved, it will be at the expense of the developer or the person or persons asking for this movement. If additional information is needed, please call me direct at 654-9222, or long distance at (303) 659-5922, ext. 222. Sincerely, e Sdi‘t7L"'. Larry E. Abaton Area Supervisor attachments xc: file i J _ � - l 5 /� /"_ /door. I i ? r / . ' G, �� I . I I . I 25 U _ : .909.6' 0-075-326-4". i / < _ t . - 87 x.11; .• • 1 16-.10-075-404-47 , s • 89°55'00" 1 `I9-10-075.-481-3 / _I r I M & 1 \\main M 47 , SALISBURY—I 1 M 8c M �,LJr M. M.S8809'. I i HURT N0.1 4119--91. 5f:5— .S. 3 03/ 19.10- 75-807311 'q 0 ° \ "f..3/27B./3' f— -- 0-- — _ 0 —I = I- 11 -xJ1 _ .- - I + i QQ Coois - (I —X XjJ \—CIS P as°30 2/if. I /� is 1 � 1 .. f `. 800.08' r 14-10-075-883-4'(r+ �- /564.8/' ` NIELSON-OLANDER Pb.2 n M.S.30/28 ITZ J 90°0.5"4.5t- 14-O-075.914''4-' • 16-10-075-30 7446 ' 1 ' H.L. WILLET-OLSON•No.l :' 30/55 ` r:? i , I. /283.8' - • 1 vi,.1,� III90°25'03. • \ •'.9/°55'5/" 4 11'7 ' f. •• LMS ' --, r `\ 4r ( 16-10-075-14x4 `/ 78T.4T.'.? 'M.. .5.8082 7:I ! : IGEN-OLANDER ' 19- -075-166-3rj • ' ,i 1 . f 1 1 X—x- e 1 . _ ;>~ •599BB•.�. ' I , . r I i I _ '11-5c14, • i /4 P. - 1,. 1 ��t M I d 5 , � , � ' II _i7)(1.071/} \, �_. .v . 1 '16-10-07X15-8" 'j f \1 � -- 4I IIr?� CZP L01�0 p DEPARTMENT OF COMMUNITY DEVELOPMENT ryY= r PLANNING DIVISION Civic Center Complex / Longmont, CO 80501 C)0 (303) 651-9330. L OR p7:7\ r ., _:,' May 15, 1991 �' ;;.;y 2 ;- 199. Weld Co. Pino U�I�WijM►:1y4 Mr. Rod Allison, Principal Planner Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 RE: CASE NUMBER S-316 Dear Rod: Thank ,you for sending to the City of Longmont for our review and comment the application for Flatiron PUD - Site Specific Development Plan and PUD Plan, First Filing. The PUD is located on the east side of I-25 at the northeast corner of the intersection of its frontage road with WCR22. Staff commends the applicant for detailing in the application the proposed watering and maintenance of landscape materials_ Staff notes that these landscape materials include Russian Olives and Rocky Mountain Junipers_ We suggest that you may want to increase the diversity of species in order to reduce uniform disease susceptibility. We appreciate the efforts the applicant intends to make to screen outdoor storage and note the addition of screening on the east side of the site. Staff suggests that screening also be added on the south side of the site to screen the outdoor storage from WCR22. Since the applicant intends to phase in the landscape materials, and the fact that the height of equipment stared can be 20 ft. , Staff respectfully suggests that Weld County consider including as a condition of approval a mechanism to ensure that the screening .required and in place at any given point in development, is. sufficient to screen the materials actually stored. '. az *. 's4"i�a,SicTi# `wit* w "y wit k Wa►*"x's'�r * + +*a*_:re;e :. " xy*,� a**'.ta, Again thank you for the opportunity to comment. If you have any questions, please call either Froda Greenberg or me at 651-8330. Sincerely, 1�<41 Brad Schol Planning Director xc: Phil DelVecchio, Community Development Director File: #2050-11 STATE OF COLORADO DIVISION OF HIGHWAYS ;��*,�h P.O. Box 850 if 4‘ Greeley, Colorado 80632-0850 ` (303) 353-1232 IVA $ ^lw+w cc A.OF �oe ₹ K rPA u 199. nal G8. Plata" ailifFfuftw;c, Weld Co. , I-25 E.F.R. Flatiron Structures NE Cor. Weld Co. Rd. 22 and I-25 E.F.R. May 16, 1991 Mr. Rod Allison Department of Planning Weld County 915 Tenth Street Greeley, CO 80631 Dear Mr. Allison: We have reviewed the Flatiron Structures application, and we have no comments on the proposal . Thank you for the opportunity to review the proposal . Please contact me at 350-2163 if you have any questions. Very truly yours, c,-- / C--/ay Evan A. Hooper, Jr. Development/Access Coordinator EAH/cm cc: L. D. Yost M. D. Fanning File: Hooper via Crier 9-0 D�i�p��"q' IOIwrpi3NNING SERVICES tri ' l `�" PHONE(303)356-1000,EXT.4400,..... ,:ikl._)itsiteit( i , ��1111�� A� ' a 915 10th STREET R 7 GREELEY,11 I COLORADO 80631 C. D ` ;A7 b 1991 C A16SA9145 CUnS,(4MM COLORADO were Ch. igannok ,,,,,0,6+A ti May 8, 1991 CASE NUMBER S-316 TO WHOM IT MAY CONCERN: Enclosed is an application from Flatiron Structures Co. , for a Site Specific Development Plan and Planned Unit Development Plan, 1st Filing. The parcel of land is described as part of the W2 SW4 of Section 11, T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is 1 1/2 mile north of Frederick; north of and adjacent to Weld County Road 22; east of and adjacent to the I-25 Frontage Road. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by May 22 , 1991, so that we may give full consideration to your recommendation. Please call Rod Allison, Principal Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above . 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3 , `--.1 We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. "" Plleas`e� efer to the enclosed /7letter. (1 /� (i Signed:7/ eCt (/LL►v� Agency: COI-O. (9It $ V AS BM/yl. o Date: _6l3- // 91,0710 • DEPARTMENT OF PLANNING SERVICES PHONE(303)356-40O0,EXT.4400 91510th STREET GREELEY,COLORADO 80631 C. COLORADO May 8, 1991 CASE NUMBER S-316 TO WHOM IT MAY CONCERN: Enclosed is an application from Flatiron Structures Co. , for a Site Specific Development Plan and Planned Unit Development Plan, 1st Filing. The parcel of land is described as part of the W2 SW4 of Section 11, T2N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is 1 1/2 mile north of Frederick; north of and adjacent to Weld County Road 22; east of and adjacent to the I-25 Frontage Road. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by May 22, 1991, so that we may give full consideration to your recommendation. Please call Rod Allison, Principal Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. X We have reviewed the request and find no conflicts with our interests . 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: Ol n/ A x -a) Q."- Agency: Longmont Soil Conservation District __ _.� Date: May 14, 1991 ii4AY 1 1991 i ;L= Weld Ca. ?t<,do�«�u. u�o' e?_�"'�1411 - In - ,/ ,_4 � A 24 1991 STATE OF COLORADO ) U - '-�� )s.s. Weld Co. Mom ena uessiau COUNTY OF WELD ) David S. Reynolds, being duly sworn, says that he is publisher of The New News, a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a general circulation in said County and has been continously and 16 1991. uninterruptedly published therein, Ma y16, 1991. during a period of at least fifty-two consecutive weeks prior to NOTICE OF PUBLIC HEARING the first publication of the annexed The notice; that said newspaper is a CConmissio� will hold a P°nn hear' on TurrIa June 4, 1981 newspaper within the meaning of the at 1de ng for the purpose�c act of the General Assembly of the considering a site Plan Development Plan and a Planed State of Colorado,, entitled "An Act forrtthe pproopeerRtyy desment cribed below: to regulate the printing of legal Approver[ Of the repeat may g p g 9 create a vested property right notices and advertisements, " and uureoantto Colorado Law. APPLICANT: Flat'u•m Structures amendments thereto; that the notice LEMYDESCRIPTION: Part of of which the annexed is a printed �vW2of the 6th PM., Weld copy taken from said newspaper, was �TC°ye°Y'C°Aama°iNTENs1T9Site pec of published in said newspaper, and in Development USE: A n and Planned the regular and entire issue of Unit Development Plan,1st Filing. LOCATION:to North yof and every number thereof , adjacenteWd addjjacentttWt�a�25 F nt:as Road. SIZE:39 acres,more or bast once a week for I The ppuublic hearing will be held in the Weld County Commissioners' Hearing Rerun, Fist Floor, weld successive weeks; that said notice Canty Centennial Center, 915 Tenth Street, Greeley, Colorado. was so published in said newspaper Commentseor��t related to should be proper and not in any supplement a�tted m ieag to Planning! Weld thereof , and that the first Servi 91s Te ti street. Roan publication of said notice as �orettheaboveda°teorp ainredl at the public hearing on June +, aforesaid was on the Copies of the is ispecti are available ar public inspection I � the Department of Planting Services, Room 942, Weld Ca day of I 1 y�(�\ , 19 _�, Count( Center 915 Tenth Street, Greeley, Colorado 98931 - I I Phone-358.40Wnn Extension 4490. and the last on the eLL day of WeN1Coluentr.Pllaapn gCommiasion To be published in the New News To be published one (1) lime by 9511NavI 18,1911. 9 PuhWL N The New Neva May 19,IK1. C Virall...PI Subscribed and sworn to before me this -2��day of k„.�1 , 19 9/ . LA^, /p /G� NY1M 4 ^4ea-.'if dM� MV Comm'�ssion expires March 151992 gl-�,,LfTO cs re DEPARTMENT OF PLANNING SERVICES I� • PHONE(303)356-4000,EXT.4400 i'50 70 p 916 10th STREET GREELEY,COLORADO 80631 C. NOTICE OF PUBLIC HEARING COLORADO The Weld County Planning Commission will hold a public hearing on Tuesday, June 4, 1991, at 1:30 p.m. for the purpose of considering a Site Specific Development Plan and a Planned Unit Development Plan, 1st Filing, for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Flatiron Structures Company LEGAL DESCRIPTION: Part of the W2 SW4 of Section 11, T2N, R68W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: A Site Specific Development Plan and Planned Unit Development Plan, 1st Filing. LOCATION: North of and adjacent to Weld County Road 22; east of and adjacent to the I-25 Frontage Road. SIZE: 36 acres, more 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 June 4, 1991. 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. Jerry Kiefer, Chairman Weld County Planning Commission To be published in the New News To be published one (1) time by May 16, 1991. Received by: Date: 91_07(f O SURROUNDING PROPERTY OWNERS AFFIDAVIT OF INTEREST/SURFACE ESTATE MINERALS AND/OR SUBSURFACE OWNERS Flatiron Structures Company S-316 Harold Reese Jr. , Ronald Lane Christene Reese McCulloch 855 Sunrise Highway Lynbrook, NY 11563 Stanley Olson 4306 Weld County Road 22 Longmont, CO 80501 Trust U/W Carl R. Oswald c/o Carol Oswald 14707 N. 95 Street Longmont, CO 80501 Fifthcoff Company 436 Coffman Street Longmont, CO 80501 Grant Brothers P.O. Box 948 Longmont, CO 80502 Stan Barrett, Inc. 811 Main Longmont, CO 80501 The Rawlins National Bank P.O. Box 100 Rawlins, WY 82301 Del Camino Center c/o First Bank S. Longmont P.O. Box 1499 Longmont, CO 80502 Frank S . Bigelow 990 Highway 119 Longmont, CO 80501 Boulder and Weld County Reservoir Company 8120 Weld County Road 1 Longmont, CO 80501 9?_ 7P0 SURROUNDING PROPERTY OWNERS AFFIDAVIT OF INTEREST/SURFACE ESTATE MINERALS AND/OR SUBSURFACE OWNERS Flatiron Structures Company S-316 (Page 2) Weld Development Company c/o G.R. Shiarella 10 Eastend Avenue, Suite 1-K New York, NY 10021 North Amercian Resources Company Attn: Kevin Edwards 16 E. Granite Butte, MT 59701 North American Resources Company Attn: William G. Crews 1223 28th Avenue, Suite 2 Greeley, CO 80631 William and Mildred Flynn 4917 Weld County Road 22 Longmont, CO 80501 Rinn Valley Grange c/o Mrs. John B. Flor P.O. Box 185 Frederick, CO 80530 Horses Unlimited c/o G.R. Salisbury Route 1 Slater, CO 81653 Wilbur R. and Shirley A. Hurt 14278 Weld County Road 7 Longmont, CO 80501 Neeta Johnson Route 4 Loma Linda, CA 92354 Vernon K. and Katie L. Powell 2250 Tallman Longmont, CO 80501 Azalea Farms P.O. Box 229 Boulder, CO 80306 Ricky Ray and Connie S . McMillen 4969 Weld County Road 22 Longmont, CO 80501 91.3770 DEPARTMENT OF PLANNING SERVICES PHONE(303)3563000,EXT.4400 ' 91510th STREET GREELEY,COLORADO 80631 III e COLORADO May 8, 1991 Ms. J. Vecchi Rocky Mountain Consultants 1960 Industrial Circle, Suite 1 Longmont, CO 80502 Subject: S-316 - Request for approval of a Site Specific Development Plan and a Planned Unit Development Plan, 1st Filing, on a parcel of land described as part of the W2 SW4 of Section 11, T2N, R68W of the 6th P.M. , Weld County, Colorado. Dear Jennifer: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for Tuesday, June 4, 1991, at 1:30 p.m. This meeting will take place in the Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. In addition, I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, May 23, 1991, at 10:00 a.m. This meeting will take place in Room 350, Centennial Center, 915 Tenth Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. The Department of Planning Services staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of the applicant to contact the Department of Planning Services office a few days before the date of the hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Sincerely, irnat; Rod Allison Principal Planner Harold Reese Jr. , Ronald Lane Christene Reesee McCulloch 855 Sunrise Highway Lynbrook, NY 11563 Stanley Olson 4306 Weld County Road 22 Longmont, CO 80501 Trust U/W Carl R. Oswald c/1 Carol Oswald 14707 N. 95 Street Longmont, CO 80501 Fifthcoff Company 436 Coffman Street Longmont, CO 80501 Grant Brothers P.O. Box 948 Longmont, CO 80502 Stan Barrett, Inc. 811 Main Longmont, CO 80501 The Rawlins National Bank P.O. BOx 100 Rawlins, WY 82301 Del Camino Center c/o First Bank S. Longmont P.O. BOx 1499 RR v/✓ Longmoft , CO 8050h Frank S. Bigelow 990 Highway 119 Longmont, CO 80501 Boulder and Weld County Reservoir Company 8120 Weld County Road 1 Longmont, CO 80501 Weld Development Company c/o G.R. Shiarella 10 Eastend Avenue, Suite 1-K New York, NY 10021 North American Resources Company ATTN: Kevin Edwards 16 E. Granite Butte, MT 59701 `� �� o to is j �4 �Y OaLU s6 c,1041*****t4 t1r mt r I .c2 ItZt v= 1 o P lJ ,n ra g if' ?,1 ,1*---- tepv J .; 57,;'': 'm I"1 J m- , -J I C/1 j':4*''1/49 ` — Cr) _ ti.1.J ,T.'.. _ i•-- S Cr CO -- an.,,.J �� CO i CO iel-' it cn 14 Cr, I.Li On o it� Q C = r o CA* �'••a /r. 0 O �lcy�� W N ct g U.. tiaa a and . Z z °xa 0 CC a O CO w I F- O H Y Q ILI oP Viet* is \u�� mom oavuot0'1 133H0-69[X09'O'd North American Resources Company ATTN: William G. Crews 1223 28th Avenue, Suite 2 Greeley, CO 80631 William and Mildred Flynn 4917 Weld County Road 22 Longmont, CO 80501 Rinn Valley Grange c/o Mrs. John B. Flor P.O. Box 185 Frederick, CO 80530 Horses Unlimited c/o G.R. Salisbury ✓ A3fiiIA- �= 1 Slate, CO 81653 Wilbur R. and Shirley A. Hurt 14278 Weld County Road 7 Longmont, CO 80501 Neeta Johnson Route 4 Loma Linda, CA 92354 Vernon K. and Katie L. Powell 2250 Tallman Longmont, CO 80501 Azalea Farms P.O. Box 229 Boulder, CO 80306 Ricky Ray and Connie S. McMillen 4969 Weld County Road 22 Longmont, CO 80501 Flatiron Structures Company P.O. Box 2239 f� 1 Longmont, CO 80502 l ,1/41) BLS _ l�-k- �,v�a/ C orwo . I °1 cQ (A..0(aatrl 1 OCA c' �ltt k !!i,�ti I!i « �r c.r �`II o i 111I��4ti'L ,„ i•V;Ir �v r .`i 14 P J o .'`.� !• .4y _ i,J __ (-1 1J C I!Nj / C N - ! C y L.L.J CO U _ £ N _ CC • N C—) cn - CD v Lin y n n-I O � _ G In Lt1 S/a o > o rem' co c� .+ _ c 1.1.... ro o cco ›,b - m ,--i ✓ a m C D,3 E •x o+ oo U ‘O G •.1 O+ O xva DckL . ---c_ c,:,. (O=11 " ,Mr.. ,„... Cn Cr < O ! ��\1 m V\ + --.. k_ w IJ I- 0 %•\ J c Y w� Q C] J 0 ' JP 0 U 0 C) w C:77-17 3 � ((*��O " p6' ?2 L r .o.:\\el �J LEYOB OOYU0100 dA3133tl0—data- 13'0'd 91O 7P0 FLATIRON PLANNED UNIT DEVELOPMENT FINAL PLAT APPLICATION MAY 3, 1991 91.071:0 FLATIRON PLANNED UNIT DEVELOPMENT FINAL P.U.D. APPLICATION TABLE OF CONTENTS _ Paae I. Planned Unit Development Application Requirements I. Applications and Fees 1 2. Certificate of Title 1 3. Public Dedication 1 — 4. Warrantee Deed for Public Land Dedication 1 5. Tax Certificate 1 6. Engineers Certificate 1 — 7. Deed Restrictions 1 8. Improvement Agreement 1 9. Off Site Road Improvements Agreement 1 _ 10. Summary of Land Use 2 11. Operation of Facilities 3 12. Buffering and Screening 3 13. Public and Private Open Space 5 14. Maintenance of Open Space 5 15. Covenants 5 16. Development Schedule 5 _- 17. Method of Financing 5 18. Access Permit 5 19. Irrigation Ditch Agreement 6 20. Soils and Geology Report 6 21. Property Owners Within 500' 6 22. Mineral Owners 6 23. Public Notice Sign 6 24. Illustrations 6 25. Utility Plan Map 7 26. Improvement Plans 7 _ 27. Grading and Drainage Plan 7 28. Landscape Plan 7 29. Final P.U.D. Plat 7 —, 9? 0"7C0 II. Appendix A. Applications and Fees B. Legal Description C. Certificate of Title D. Tax Certificate E. Deed Restrictions F. Improvement Agreement G. Off Site Road Improvements Agreement H. Covenants I. Method of Financing J. Irrigation Ditch Agreement K. Soils and Geology Report L. Property Owners Within 500' M. Mineral Owners N. Utility Plan Map O. Landscape Plan P. Final P.U.D. Plat 9.1/4 n0 FLATIRON PLANNED UNIT DEVELOPMENT I. PLANNED UNIT DEVELOPMENT APPLICATION REQUIREMENTS I. APPLICATION AND FEES The P.U.D. application fees are attached and the application form is included in the Appendix. 2. CERTIFICATE OF TITLE A copy of the Title Commitment is included in the Appendix. 3. PUBLIC DEDICATION The additional right-of-way required for Weld County Road #22 is indicated on the final plat. The amount and configuration of the dedication was reviewed -- and approved as part of the Change of Zone Application for the property. 4. WARRANTEE DEED FOR PUBLIC LAND DEDICATION There are currently no plans to dedicate public lands other than the required right-of-way for WCR #22. 5. TAX CERTIFICATE The current tax certificate from the Weld County Treasurer is included in the appendix. 6. ENGINEER'S CERTIFICATE No additional utilities will be required at this time to serve the P.U.D. A Utility Plan, signed by the service providers, is included in the Appendix. — 7. DEED RESTRICTIONS Copies of the exceptions referenced in the Title Commitment are included in the Appendix. 8. IMPROVEMENT AGREEMENT A copy of the Improvements Agreement is included in the Appendix. 9. OFF SITE ROAD IMPROVEMENTS AGREEMENT A copy of the Off Site Road Improvement Agreement for Weld County Road #22 is included in the Appendix. 1 97 07(?O 10. SUMMARY OF LAND USE A. EXISTING DEVELOPMENT Flatiron Structures Company currently employs approximately 25 employees. Existing development includes: - Residence 1,200 sq. ft. - Service and Fabrication Shop 61,000 sq. ft. - Paint Shop 5,590 sq. ft. - Shop Facility @ Flatiron Structures 2,080 sq. ft. - Office Facility 7,308 sq. ft. - Storage Building 2,304 sq. ft. Carpentry Shop 1,850 sq. ft. - Outdoor Storage 400,000 sq. ft. - Off street Parking 30,000 sq. ft. - Access drives 25,000 sq. ft. - Loading areas 9,000 sq. ft. - Landscaping 10,000 sq. ft. Currently, an area of approximately 9 acres is utilized for open storage within the P.U.D. A portion of the paved area at the Flatiron Structures yard, and of the area immediately east of the existing buildings, is utilized for transient storage of forms and equipment intended for use on current projects and for equipment awaiting repair or transfer. The remainder of the easterly portion of the property is used for long term storage of construction related equipment and materials. Existing uses, including the single family residence, will continue upon approval of the PUD. B. FUTURE DEVELOPMENT Potential building plans for Flatiron Structures Co. consists of interior modifications and expansion of the existing buildings, construction of additional covered storage, and the construction of a facility associated with a concrete precasting operation. The approximate size of the new structures and additions is summarized below. - Expansion of office building 3,000 sq. ft. - Covered storage 5,000 sq. ft. - Closed concrete casting building 8,000 sq. ft. In addition, other types of service facilities, fabrication or manufacturing are contemplated, consistent with the P.U.D. zoning. The floor area ratio anticipated for any future development within the P.U.D. is 1 to 1. Off street parking, open storage areas and loading areas will be developed in accordance with Weld County Standards. Site specific development plans for all future development within the P.U.D. will be submitted for site plan review in conjunction with building permit applications. As Flatiron Structures Company continues to expand over time, an additional 50 employees are anticipated. In addition, if the property is further subdivided and another company locates on the site, an additional 25 employees may be 2 added. The total employee projections for the property upon full build out are approximately 100. C. CREATION OF LOTS All lots shall be created or amended in accordance with Section 23 of the Weld County Zoning Ordinance. The site plan review shall comply with the PUD plan and PUD district application materials. A mylar plat shall be submitted with the site plan review application. The plat shall be prepared by a registered land surveyor in the State of Colorado _ in accordance with Weld County requirements. All lots created or amended shall be a minimum of one acre in size. All lots created or amended shall meet minimum PUD and site plan review standards, for legal and adequate access, provision of utility easements, sewer, landscaping, screening of outdoor storage and drainage. Each site plan review shall be evaluated to determine that roads providing access to a lot shall meet minimum County Road System requirements as identified in the Weld County Comprehensive Plan. The attached Road Improvements and Maintenance Agreement addresses County standards for development. Minimum standards for newly created lots will meet the following standards: 1. Rear and side lot easements shall be a minimum of ten feet; and 2. Front lot line easements shall be a minimum of 15 feet. 3. Fifteen percent of total lot area will be landscaped; landscape area included within the right-of-way and perimeter landscaping will be considered in determining the 15%. Setback encroachments and other Zoning Ordinance requirements are hereby waived with respect to existing facilities. 11. OPERATION OF THE FACILITIES The existing facilities will continue to operate as they have when fully occupied in the past. Existing access, loading facilities and operation methods will continue. Any changes in the operation associated with expansion of the facilities will be submitted for review in accordance with PUD Plan standards. 12. BUFFERING AND SCREENING A. LANDSCAPING The use of buffering and screening between uses, buildings and structures within the PUD will not be necessary to achieve compatibility. All uses 3 contemplated within the PUD are compatible. The perimeter of the PUD will be buffered and screened where necessary to assure compatibility with adjacent land uses. All outdoor storage areas shall be effectively screened from I-25, and adjoining properties. Outdoor storage areas include approximately 4 acres in the NE portion of Lot 1 and 5 acres in Lot 2 immediately south of Lot 1 storage area. The outdoor storage area is delineated on the Landscape Plan map. Additionally, approximately 4.5 acres in the SE corner of Lot 2 have been identified as potential future storage area. Items to be stored will include, but not be limited to the following: steel and wooden forming material , miscellaneous _ hardware, precast concrete units, mobile office trailers, truck trailers, cranes, miscellaneous construction machinery, and steel-frame overhead lift. The approximate height of the equipment to be stored is 8-10 feet. The maximum height of the equipment is approximately 20 feet. In order to screen the storage from I-25, which is the most visible, a 4 foot tall berm and additional landscape buffer will be installed along the west side of the existing storage area. The berm will extend for a distance of approximately 1100 feet; the width of the berm will be approximately 40 feet at a 3:1 slope. The berm will be covered with topsoil suitable for sustaining plant life and water wells will be installed around the plant materials in order to provide for diligent care and maintenance. The plants will be watered by hand with a water truck on a regular schedule until firmly established. Once the plants are well established, they will be watered on an as needed basis and fertilized annually. The native grasses used for groundcover will be mowed to control weeds and the plant materials pruned and otherwise maintained to provide a pleasing appearance. Dead plant material will be replaced annually as needed. The concept of screening includes emphasis on the western portion of the site since it is most visible. The combination of berm and relatively dense spacing of plant materials of a 1" caliper and 5 gallon size will insure an effective screen from I-25 and the frontage road. In addition the east side of the storage area will be given special attention with interspersed smaller and larger plant materials. Since there is relatively minimal development to the north, east and south, use of seedlings -_ from the Soil Conservation Service (SCS) will be used to firmly establish an effective long term screen which should ultimately correspond to later development. If adjacent development occurs prior to the establishment of an effective screen by use of soil conservation plantings, Flatiron representatives will review the landscape screening plan with County staff and determine if additional screening is necessary. See Landscape Plan Map for specific details of plant materials, size and location. Once established the SCS plantings will provide an effective windbreak and erosion protection, as well as screen for adjacent properties. (Please note: accurate contours for grading and drainage are identified on the Drainage Plan map.) 4 si..3710 B. SIGNAGE PLAN Sign standards will be addressed in detail in the Covenants. In general , both the functional and aesthetic elements of signage will be an integral part of _ the site planning process. Signs will be designed, proportioned and positioned as an integral element of the design of future buildings and lots. Consideration will be given to existing and neighboring site conditions, project identification, safe and efficient circulation for vehicles and pedestrians. Advertising for off-site uses will not be allowed. 13. PUBLIC AND PRIVATE OPEN SPACE There are currently no plans to allow public use of any portion of this property. Private open space within the P.U.D. will be developed in conjunction with the 15% landscaping requirement. 14. MAINTENANCE OF OPEN SPACE Maintenance of all landscaped areas will be the responsibility of the individual lot owners within the P.U.D. 15. COVENANTS A copy of the covenants for the P.U.D. is included in the Appendix. - 16. DEVELOPMENT SCHEDULE There are no immediate plans for additional development within the P.U.D. Portions of the landscaping and drainage facilities will be installed in the spring of 1992. The remainder of the perimeter landscaping will be installed over the next several growing seasons. Final development of the drainage facilities will be determined by the timing of future development that will require the facilities. 17. METHOD OF FINANCING A letter from Flatiron Structures Company addressing the method of financing for the development is included in the Appendix. 18. ACCESS PERMIT Access to the P.U.D. from the State Highway Frontage Road will be provided by existing access points. No additional permits are required. Access will be limited to three locations on WCR 22 and two location on the I- - 25 Frontage road. These access locations are as follows: 1) future access to WCR 22 adjacent to the east PUD boundary line (approximately 100 feet wide in order to provide adequate turning radius) which will not be constructed until future operations require direct access to WCR 22; 2) existing entrance from WCR 22 to the Service facility just east of the I-25 Frontage road which shall be maintained at its current length of approximately 395 feet; 3) a future access (approximately 40 feet wide) located approximately midway between the 5 existing access and the easternmost access point depending on location of — future lots; 4) existing access from the I-25 Frontage Road to the west end of the Service Facility; and 5) existing access from I-25 Frontage Road to the Flatiron Structures Company facilities. The final location of internal access points, easements and ROW'S will be identified specifically when custom lots are finalized. 19. IRRIGATION DITCH AGREEMENT A letter of agreement concerning the ditch crossing is included in the Appendix. 20. SOILS AND GEOLOGY REPORT A Soils and Geology Report completed by Scott, Cox and Associates is included in the Appendix. 21. PROPERTY OWNERS WITHIN 500' An Affidavit of Interest Owners, Surface Estate certifying the names, addresses and corresponding parcel identification numbers of property owners within 500' is included in the Appendix. 22. MINERAL OWNERS An Affidavit of Interest Owners, Minerals and/or Subsurface, certifying the names and addresses of mineral owners and lessees of mineral owners on or under the parcel is included in the Appendix. 23. PUBLIC NOTICE SIGN A sign will be posted on the property prior to the hearing dates in accordance with the Weld County Zoning Ordinance. 24. ILLUSTRATIONS The architectural style of the P.U.D. will be consistent with its present character. It is likely that future expansions and additions will be constructed of prefabricated metal buildings similar to the ones already on the site. Building facades will be predominantly earth tones or neutral colors, unless otherwise approved through the Administrative Site Plan Review Process. Complete plans and elevations will be submitted for review as part of the Site Plan Review and Building Permit application process. within the P.U.D. No specific plans for development are proposed at this time with the exception of installation of perimeter landscaping to provide screening for the existing outdoor storage. Complete details of the Landscaping are provided on the Landscape Plan included in the Appendix. 6 25. UTILITY PLAN MAP A Utility Plan Map, signed by the appropriate service providers has been submitted as a separate document. 26. IMPROVEMENT PLANS There are no improvements requiring design drawings included in this P.U.D application. 27. GRADING AND DRAINAGE PLAN A complete Grading and Drainage Plan and Report has been submitted as a separate document. 28. LANDSCAPE PLAN A Landscape Plan is included in the Appendix. 29. FINAL P.U.D. PLAT A Final P.U.D. plat is included in the Appendix. A:FLATIRON.PUD/3H 7 A. APPLICATIONS AND FEES 11_137,P0 PLANNED UNIT DEVELOPMENT PLAN APPLICATi>N Department of Planning Services, 915 — 10th Street, Greeley, Colnrado PHONE: 756-4000 Est. 4400 FOR PLANNING DEPARTMENT USE ONLY: CASE NO. APPL. FEE ZONING DISTRICT RECORDING FEE DATE RECEIPT NO. APPL. CHECKED BY TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures): I (we), the undersigned, hereby request a hearing before the Held County Planning Commission concerning proposed subdivision of the following described unincorporated area of Held County. LEGAL DESCRIPTION: Refer to the attached Legal Description. (If additional space is required, attach an additional sheet of this same size.) NAME OF PROPOSED P.U.D. SUBDIVISION Flatiron P.U.D. ED ZONING L1, C2, L3, I1, IY, 13EXISTING ZONING A/C-3 TOTAL AREA (ACRES) 36.326 NO. OF PROPOSED LOTS 2 LOT SIZE: AVERAGE 17.583 MINIMUM 14.929 UTILITIES: WATER: NAt1E Central Weld County Water District SEVER: NAME St Vrain Sanitation District GAS: NAME Rocky Mountain Natural Gas PHONE: NAME N. S. West DISTRICTS: SCHOOL: NAME St. Vrain Valley School District FIRE: NAME Innamont Fire Protection District DESIGNERS' NAME Rocky Mountain Consultants ADDRESS 1960 Industrial Circle. Suite 1. Longmont. CO PHONE 772-5782 ENGINEERS' NAME W G Scott lk Associates. Inr ADDRESS 9830 West 86th Plare. Arvada. CO 80005 PHONE 429_5966 FEE OWNER OF AREA PROPOSED FOR P.U.D. SUBDIVISION NAME Azalea Farms limited ADDRESS P. 0 Box 729. Boulder. CO 80306 PHONE 499-1441 NAME Flatiron Structures F.nmnany ADDRESS P. 0 Box 2739. Longmont. CO 80502 PHONE 444-1760 NAME PHONE ADDRESS I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. gjy(tialleagt- SigneCOUNTY OF WELDSTATE OF COLORADO ) yf e: 1 rneljthorized Agent Subscribed and sworn to before me this /7 day of ��LC(./ , 19 of . SEAL 7/2L^,.,E,L ��P1L9 - � dd NOD RY PUBLIC --� My commission expires: OLi^'cv� 15/ 1991 elk",0411 • F04-79-026 WCD .TBI iLvilx LEGAL DESCRIPTION A tract of land in the West 1/2 of the SW 1/4 of Section 11, Township 2 North, Rand 68 West of the 6th P.M. , Weld County, Colorado described as part of the tract described in the Warranty Deed to AZALEA FARMS, LIMITED, a Colorado limited partnership, recorded in Book 931 at Reception No. 1852633, recorded March 31, 1989, and Parcel 1 and Parcel 2 described in the Warranty Deed to FLATIRON STRUCTURES COMPANY, recorded in Book 1208 as Reception No. 02154643, recorded September 8, 1988, more particularly described as follows: Commencing at the Southwest corner of said Section 11 marked by a #5 rebar, from which the West 1/4 corner of said Section 11 bears NOO°29'39"E 2667.82 feet; Thence 589°40'01"E 50.00 feet along the South line of said Section 11 to the Easterly right-of-way of the I-25 Frontage Road and the Southwest corner of said tract described in Book 931 at Reception No. 1852633 and the POINT OF BEGINNING; Thence NOO°29'39"E 172.01 feet along said East right-of-way and parallel with the West line of said Section 11 to a #5 rebar with Cap L.S. 13482; - Thence N05°45'33"E 354.17 feet along said East right-of-way of I-25 Frontage Road to the Northwest corner of said Parcel 1, Book 1208, Reception No. 02154643 marked by a #5 rebar with a 2"diameter metal cap L.S. 13482; Thence S86°43'50"E 660.40 feet along the North line of said Parcel 1 to a line that is parallel with and 660.00 feet East of (at a right angle) from said East right-of-way of I-25 Frontage Road and marked by a #4 rebar; Thence N05°46'22"E 2143.75 feet along said parallel line to a corner described in said Tract described in Book 931 at Reception No. 1852633 marked by a 1 1/2" diameter metal cap on a steel pin L.S. 10385; Thence NOO°11'00"E 7.01 feet to the Northwest corner of said Tract described in Book 931 at Reception No. 1852633 marked by a 1 1/2" diameter cap on a steel pin L.S. 10385; Thence S89°31'31"E 343.29 feet along the North line of said Tract described in Book 931 at Reception No. 1852633 and parallel with the North line of said West _ 1/2 of the Southwest 1/4 of Section 11 to a point in an existing fence line marked by a #5 rebar with yellow plastic cap L.S. 13482; Thence S00°04'08"W 2631.05 feet along said fence line and its south extension to the South line of said West 1/2 Southwest 1/4 of Section 11 marked by a #5 rebar with yellow plastic cap L.S. 13482; Thence N89°40'01"W 1252.13 feet along the South line of said West 1/2 of the Southwest 1/4 to the POINT OF BEGINNING; Subject to easements and rights-of-way of record and as existing on the ground. Contains 36.326 acres, more or less. 91.+�iro C. CERTIFICATE OF TITLE 01;n-inn TRANSAMERICA TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A Commitment No. : 8029397C-2 1. Effective Date: April 18, 1991 at 7:00 A.M. 2. Policy or policies to be issued: Amount Premium A. ALTA Owner's Policy $TBD S Proposed Insured: To Be Determined B. ALTA Loan Policy S S Proposed Insured: Examination Fee $500. 00 - 3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is at the effective date hereof vested in: SEE SCHEDULE A CONTINUED ATTACHED _ 4. The land referred to in this commitment is described as follows: (SEE ATTACHED PAGE FOR LEGAL DESCRIPTION) TRANSAMERICA TITLE INSURANCE COMPANY - By Kerry B. Grimes Authorized Signature Issued: April 20, 1991 KEG/ra 51.C7p0 TRANSAMERICA TITLE INSURANCE COMPANY -- Commitment No. : 8029397C-2 SCHEDULE A - Continued AS TO ITEM NO. 3 OF SCHEDULE A 3 . The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is at the effective date hereof vested in: Azalea Farms, Limited, a Colorado Limited Partnership, as to the fee; and Flatiron Service Company, a Colorado General Partnership, as to a Leasehold Estate by reason of Lease between Azalea Farms, Limited, a Colorado Limited Partnership, as Lessor, and Flatiron Service Company, a Colorado General Partnership, as Lessee, for a _ term of 20 years commencing January 1, 1980, dated January 1, 1980 and recorded March 18, 1981 in Book 931 as Reception No. 1852632, as to Parcel l; ,and Flatiron Structures Company, a Colorado Corporation, as .to Parcels 2 and 3 Page 2 Sl.n"0 TRANSAMERICA TITLE INSURANCE COMPANY Commitment No. : 8029397C-2 SCHEDULE A - Continued LEGAL DESCRIPTION PARCEL 1: A tract of land in the W1/2 of the SW1/4 of Section 11, Township 2 North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado, more particularly described as follows: Beginning on the South line of the SW1/4 of Section 51, whence the SW corner of said Section 11 bears North 89 degrees 40 minutes 30 seconds West, 50 feet; thence along the East right-of-way line of Highway I-25 Frontage Road North 00 degrees 29 minutes 39 seconds East, 172 . 00 feet; thence North 5 decrees 46 minutes 09 seconds East 134.20 feet; thence leaving said right-of-way, South 88 degrees 57 minutes 36 seconds East 341. 13 feet; thence North 3 degrees 24 minutes 24 seconds East, 50.00 feet; thence South 88 degree 57 minutes 36 seconds East, 86.50 feet; - thence North 3 degrees 24 minutes 24 seconds East, 138. 06 feet; thence South 88 degrees 57 minutes 36 seconds East, 242.40 feet; thence North 5 degrees 46 minutes 09 seconds East along a line parallel with and 660. 00 feet East of (at right angle) the aforesaid East right-of-way line, a distance of 2, 149.33 feet; thence North 0 degrees 29 minutes 39 seconds East, 6.87 feet to a point whence the North line of said SW1/4 bears North 0 degrees 29 minutes 39 seconds East, 34.42 feet; thence South 89 degrees 33 minutes 44 seconds East, parallel with said North line of the SW1/4 , a distance of 364.53 feet to a point on the East line of the W1/2 of said SW1/4; - thence along said East line South 0 degrees 21 minutes 14 seconds West 2, 630.82 feet to the South line of said Section 11; thence North 89 degrees 40 minutes 30 seconds West 1,260.48 feet to the Point of Beginning. EXCEPT parcel conveyed by Andrew Templeton to The Boulder and Weld Reservoir Company, a Colorado Corporation by Warranty Deed recorded __ October 29, 1904 1n Book 218 at Page 384, more particularly described as follows: A strip of land being 69 feet in width and 2100 feet long on the North side of the SW1/4 of Section 31, there being located upon the above - described strip of land that certain irrigating canal called the "Panama Canal". Page 3 21.C‘700 TRANSAMERICA TITLE INSURANCE COMPANY Commitment No. : 8029397C-2 SCHEDULE A - Continued LEGAL DESCRIPTION — PARCEL 2: Beginning at the Southwest corner of Section 11, Township 2 North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado, thence along the South line of said Section li South 89 degrees 40 minutes 30 seconds East 50.00 feet; thence North 00 degrees 29 minutes 39 seconds East 172.00 feet along the Easterly right-of-way line of the I-25 Frontage Road; thence continuing along said right-of-way line North 05 degrees 46 minutes 09 seconds East 164. 30 feet to the True Point of Beginning, thence continuing along said right-of-way line North 05 degrees 46 minutes 09 seconds East 189.82 feet; thence South 86 degrees 43 minutes 06 seconds East, 660.62 feet; thence South 05 degrees 46 minutes 09 seconds West 5.45 feet; thence North 88 degrees 57 minutes 36 seconds West 242.40 feet; thence South 03 degrees 24 minutes 24 seconds West 138 .06 feet; thence North 88 degrees 57 minutes 36 seconds West 86.50 feet; thence South 03 degrees 24 minutes 24 seconds West 19.97 feet; thence North 88 degrees 57 minutes 36 seconds West 339.89 feet to the True Point of Beginning. PARCEL 3: Beginning on the south line of the SW1/4 of Section 11, Township 2 North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado, whence the Southwest corner of said Section 11 bears North 89 degrees 40 minutes 30 seconds West 50.0 feet; thence along the East right-of-way line of Highway I-25 Frontage Road North 00 degrees 29 minutes 39 seconds East, 172.00 feet; thence North 05 degrees 46 minutes 09 seconds East 134.20 feet to the True Point of Beginning; thence leaving said right-of-way, South 88 degrees 57 minutes 36 seconds East 341. 13 feet; thence North 03 degrees 24 minutes 24 seconds East 30.03 feet; thence North 88 degrees 57 minutes 36 seconds West 339.89 feet to a point on the East line of Highway I-25 Frontage Road; _- thence South 05 degrees 46 minutes 09 seconds West along said East line a distance of 30.10 feet to the True Point of Beginning. Page 4 SIP_ 7( ) TRANSAMERICA TITLE INSURANCE COMPANY Commitment No. : 8029397C-2 SCHEDULE A - Continued REQUIREMENTS The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule 8 of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorder of the county in which said property is located. A. Deed, executed by the partners, from Azalea Farms, Limited, a Colorado Limited Partnership to Party or Parties to be determined, conveying Parcel 1. NOTE: If this transaction constitutes the sale of the sole or major asset of the partnership, all partners must execute the above deed. NOTE: Certificate of Limited Partnership, relating to Azalea Farms, Limited, recorded January 23, 1980 in Book 893 as Reception No. 1815071, discloses the following General Partners: James H. ' Short, Mary O. Short, Edwin C. McDowell, Jr. , Kay S. McDowell, Scott A. Patten, Carol S. Patten B. Duly acknowledged and approved Affidavit and Indemnity in favor of Transamerica Title Insurance Company by Azalea Farms, Ltd. , a Colorado Limited Partnership, Flatiron Service Company, a Colorado Limited Partnership, and Faltiron Structures Company, a Colorado Corporation, representing that the Collateral described in Severance Agreement recorded January 24, 1977 in Book 788 as reception No. 1709591 has been moved from the subject property and said Collateral does not constiute a lien on the subject property. NOTE: Upon completion of the above Requirement, Exception No. 13 under Schedule B of said Commitment will be deleted. C. Deed, executed by the President, Vice President or other head officer from Flatiron Structures Company, a Colorado Corporation _ to Party or Parties to be determined, conveying Parcels 2 and 3. . NOTE: Corporate Seal or facsimile must be affixed. • Page 5 TRANSAMERICA TITLE INSURANCE COMPANY -, Commitment No. : 8029397C-2 SCHEDULE B EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public _ records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. or al 4. Any lien,theretofore rorl hereafter ght to a lfurnished,ien, for e imposed byb law oand anot lshown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. 7. Easement for Farmers No. 3 Reservoir, as evidenced by Preliminary Map of Farmers No. 3 Reservoir filed June 1, 1910 as Reception No. 156140. (Affects Parcels 1, 2 and 3) 8. Easement and right of way for the right to lay, maintain, inspect, operate, replace, change or remove a pipe line for the transportation of oil, gas or the products thereof, granted to Wyco Pipe Line Company, a Delaware Corporation by Paul L. Jones and Marjorie E. Jones by instrument recorded March 13 , 1947 in Book 1199 at Page 431 as Reception No. 1001073 , in which the specific location of the easement is not defined. (Affects Parcels 1, . 2 and 3) Page 6 Q4 C10-199 • TRANSAMERICA TITLE INSURANCE COMPANY Commitment No. : 8029397C-2 SCHEDULE B - Continued EXCEPTIONS 9. Easement and right of way for ditch and water right purposes, granted to James D. oard by A. C. Sheley and Lyle A. Barnard by instrument recorded November 3, 1961 in Book 1598 at Page 345 as Reception No. 1366836, in which the specific location of the easement is not defined. NOTE: There appears of record Quit Claim Deed from Stanley Olson and M. Lucille Olson to William F. Murphy and Terri Gillatt, recorded May 2, 1977 in Book 791 as Reception No. 1712599, conveying -a portion of the above described ditches. (Affects Parcels 1, 2 and 3) 10. Easement and right of way for utility purposes, as granted to The Mountain States Telephone and Telegraph Company, a Colorado Corporation by Troy Lindsey, recorded December 24, 1969 in Book 619 as Reception No. 1540698, affecting the following described property: A strip of land 16 1/2 feet in width in that part of the SS/2 of Section 11, Township 2 North, Range 68 West of the 6th P.M. , lying East of and adjacent to the East right-of-way line of Interstate Highway 25. (Affects Parcels 1, 2 and 3) 11. Oil and Gas Lease between Horses Unlimited, a Limited Partnership and Wilbur R. Hurt, recorded September 10, 1975 in Book 747 as Reception No. 1669489, and any and all assignments thereof or interests therein. Note: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by Paul M. Mershon, Jr. , recorded December 23, 1976 in Book 785 as Reception No. 1706870. (Affects Parcels 1, 2 and 3) Page 7 TRANSAMERICA TITLE INSURANCE COMPANY Commitment No. : 8029397C-2 SCHEDULE H - Continued EXCEPTIONS 12. Easement and right of way to construct, operate, maintain, replace, enlarge, reconstruct, improve, inspect, repair, and remove such electrical facilities and appurtenances thereto, either above ground or underground, as granted to Union Rural Electric Association, Inc. by Azalea Farms, a partnership, recorded April 26, 1979 in Book 867 as Reception No. 1788642, _ affecting the following described property: That part of the W1/2 of the SW1/4 of Section 11, Township 2 North, Range 68 West of the 6th P.M. , described as the North 20.00 feet of the South 50.00- feet and the Westerly 20.00 feet adjacent to Highway I-25 Frontage Road of that parcel of subject property. (Affects Parcel 1) 13 . Terms, agreements, provisions, conditions and obligations as contained in Severance Agreement recorded January 24 , 1977 in Book 788 as Reception No. 1709591. (Affects parcels 2 and 3) 14. Lease, and the terms and conditions thereof, between Azalea Farms, Limited, a Colorado Limited Partnership, Lessor and Flatiron Service Company, a Colorado General Partnership, Lessee, recorded March 18, 1981 in Book 931 as Reception No. 1852632, providing for a term of 20 years, beginning January 1, 1980. (Affects Parcel 1) 15. Effect of Resolution by the Board of County Commissioners of Weld County, recorded May 29, 1981 in book 937 as Reception No. _ 1859090. (Affects Parcels 1, 2 and 3) 16. Easement and right of way for pipelines for water tranmission or distribution purposes as granted to Central Weld County Water District by Flatiron Service Company by instrument recorded August 27, 1981 in Book 946 as Reception No. 1867500, said easement and right of way being, 30 feet in width, the centerline of which is described in said instrument. (Affects Parcels 1, 2 and 3) Page 8 G'a7 4 wrap n u. TRANSAMERICA TITLE INSURANCE COMPANY _ Commitment No. : 8029397C-2 SCHEDULE B - Continued _ EXCEPTIONS 17. Easement and right of way for natural gas pipeline purposes, as granted to Rocky Mountain Natural Gas Company, Inc. a Colorado Corporation by Azalea Farms, Limited, a Colorado Limited Partnership, recorded April 10, 1986 in Book 1108 as Reception No. 02049449, affecting the following described property: An easement five feet on either side of the centerline located in the W1/2 of the SW1/4 of Section 11, Township 2 North, Range 68 West of the 6th Principal Meridian, all within the County of Weld, State of Colorado, more particularly described as follows: A centerline running parallel to and five feet Westerly of the East line of a parcel of land recorded at Reception No. 1852633, Book 931, said East line bearing North 00 degrees 21 minutes 14 seconds East, 2630.82 feet. (Affects Parcel 1) 18 . Easement and right of way for pipe lines for water transmission or distribution system purposes, as granted to Central Weld County Water District, a statutory district by Azalea Farms, Limited, a Colorado Limited Partnership, recorded October 17, 1988 in Book - 1212 as Reception No. 02158839, affecting the following described property: Legal description of a 30.00 feet wide permanent utility easement and a 50. 00 feet wide temporary construction easement on, over and across a portion of Section 11, Township 2 North, Range 68 West of the 6th P. M. , being more particularly described as follows: Said 30.00 feet wide permanent utility easement shall be the West 30. 00 feet of that certain parcel of land described in deed, recorded in Book 931 as Reception No. 1852633 , records of said County lying East of and adjacent to the East right-of-way line of the frontage road of I-25 and North of and adjacent to the County Road right-of-way line; said 50.00 feet wide temporary construction easement shall be the West 50.00 feet of that certain parcel of land described in deed, recorded in Book 931 as Reception No. 1852633 , records of said County lying East of and adjacent to the East right-of-way line of the frontage road of I-25 and North of and adjacent to the County road right-of-way. (Affects Parcel 1) Page 9 91.07"0 • • TRANSAMERICA TITLE INSURANCE COMPANY Commitment No. : 8029397C-2 SCHEDULE B - Continued EXCEPTIONS 19 . Easement and right of way for pipe lines for water transmission or distribution system purposes, as granted to Central Weld County Water District, a statutory district by Flatiron Paving Company, a Colorado Corporation, recorded October 17, 1988 in Book 1212 as Reception No. 02158840, affecting the following described property: Parcel I: Legal description of a 30. 00 feet wide permanent utility easement and a- 50.00 feet wide temporary construction easement on, over and-across a portion of section 11, Township 2 North, Range 68 west of the 6th P.M. , being more particularly described_ as follows: Said 30.00 feet wide permanent utility shall be the West 30. 00 feet of that certain parcel of land described in deed recorded in Book 937 as Reception No. 1858989, records of said county lying East of and adjacent to the East right-of-way line of the frontage road of I-25; said 50.00 feet wide temporary construction easement shall be the West 50.00 feet of that certain parcel of land described in deed, recorded in Book 937 as Reception No. 1858989, records of said County lying East of and adjacent to the East right-of-way line of the frontage road of I-25. Parcel II: Legal description of a 30.00 feet wide permanent utility easement and a 50.00 feet wide temporary construction - easement on, over and across a portion of Section 11, Township 2 North, Range 68 West of the 6th P.M. , being more particularly described as follows: Said 30.00 feet wide permanent utility easement shall be the West 30. 00 feet of that certain parcel of land described in deed, recorded in Book 937 as reception No. 1858990, records of said County lying East of and adjacent to the East right-of-way line on the frontage road of I-25; said 50.00 _ feet wide temporary construction easement shall be the West 50.00 feet of that certain parcel of land described in deed, recorded in Book 937 as Reception No. 1858990, records of said County lying East of and adjacent to the East right-of-way line of the frontage road of I-25. (Affects Parcels 2 and 3) 20. Easement and right of way for electric facilities and appurtenances thereto, granted to United Power, Inc. by Flatiron Structures Company by instrument recorded January 7, 1991 in Book 1286 as Reception No. 02237807, in which the specific location of the easement is not defined. 21. - Effect of Subdivision Exemption Administrative Review by the Department of Planning Services, Weld County, Colorado, recorded January 11, 1991 in Book 2387 as Reception No. 02238249. (Affects Parcel 1) Page 10 g eir TRANSAMERICA TITLE INSURANCE COMPANY Commitment No. : 8029397C-2 SCHEDULE B - Continued - EXCEPTIONS 22. Easement and right of way for utility lines, including but not limited to sanitary sewer, storm drainage, water and other compatible uses, granted to Saint Vrain Sanitation District by Azalea Farms, a Colorado limited partnership by instrument _ recorded November 29, 1990 in Book 1283 as Reception No. 02234351, said easement and right of way being 30 feet in width for temporary construction purposes, and 20 feet in width permanently, the centerline of which is described in said instrument. (Affects Parcel 1) 23 . Covenants, conditions, restrictions, easements, and matters of _ survey, all as set forth in Amended Planned Unit Development recorded April 10, 1991 in Book 1295 as Reception No. 02246744. (Affects Parcels 1, 2 and 3) NOTE: The following notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the property. (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705. -- (b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784. - (c) Associated Natural Gas, Inc. , recorded April 10, 1989 in Book _ 1229 as Reception No. 2175917. (d) Western Gas Supply Company, Recorded April 2, 1985 in Book 1063 as Reception No. 2004300. (e) Panhandle Eastern Pipe Line Company, . recorded June 26, 1986 in Book 1117 as Reception No. 2058722. (f) United Power, Inc. , formerly Union Rural Electric Association, Inc. , recorded January 24, 1991 in Book 1288 as Reception No. 02239296. Page 11 SI.C7P0 Transamerica Title Insurance Company adorn•-An0ellee•Derr.. Douglas-d. .on Cannes lsl w n« Mauston AVIIMPI 1100 Unite Simi Peel Cam Colorado 10.21 Dews Cewebe.0202 0001.10••11• 1>23139••61103 • • County /bolder County 42 ee ms 61003 S o''a'r.Caam:ae�SmP! l�]001 w�4.si 0031.SHwo • __. a noull•Jackson Counties RI Paso County• Sea weber Stint Sinnott 2 wa b CStintrrro aado SO• Calors0Olxai 'as aco s.eosoa03 s•ull weld County 1113 Tate Mena Oners Camaro 00101 0031]•24x10 • TRANSAMERICA TITLE INSURANCE CONDITIONS AND STIPULATIONS Please read carefully 1. This is a Commitment to issue one or more policies of title insurance in our Standard Form when the — requirements set forth in the Commitment have been satisfied. The policy is available and should be examined before this Commitment is used if there is any question about coverage. 2. Only the policies shown are committed to. If there are any changes in the transaction, order an amendment from us. 3. The date on this Commitment is important. Nothing after that date has been considered by us. 4. This Commitment is good for 6 months only. Extensions should be ordered from us if they are - needed all �gn,Pair tit • ENDORSEMENT Attached to and forming a part of Commitment No. 8029397 Issued by TRANSAMERICA TITLE INSURANCE COMPANY Colorado Endorsement Form 110.1 will be included with the Owners' Policy to be issued for the purpose of deleting Printed Exceptions Numbered 1, 2, 3 and 4 under Schedule B, subject to the following: 1. Receipt and approval by TRANSAMERICA TITLE INSURANCE COMPANY of an Improvement Survey properly certified by a licensed surveyor. 2. Addition to the policy for matters disclosed by the survey. 3 . Receipt by TRANSAMERICA TITLE INSURANCE COMPANY of the enclosed Indemnity Agreement for the deletion of Exception No. 4. In all other respects said commitment shall remain the same. Dated: April 12, 1991 TRANSAMERICA TITLE INSURANCE COMPANY: Kerry E. Grimes Authorized Signature W 11A17(20 gY�,,7(2 MECHANIC'S LIEN AGREEMENT OF INDEMNIFICATION This lg t of Iadestiffutioa in tads by The undersigned (hereinafter referred to Is 'Iadesnitor(sl') for the bsaefit lad protection of Trusaserius Titls Iassnaa away (hereinafter referred to is '!le Commit): IBBIEIS, !Is Coapaty is beiag reveittd to lute its policy(Ls) of title In grant inuring it intuut ix or title to the real propsrty it the County of weld, State of Colorado dueribsd it lo.. 8029397 tined by The Cospaty rifek is described sa: Per Schedule A of said Commitment ud !ISMS, certain vorks of isprovuent have bun or till be, costumed on the above-tettioned land; tad tlElElS, The Causal is cavilling to issue said policy(ies) vithout an exception(s) as to the liens of tectonics which affect the title her'to; and IABIEIS, the Indetdtor recognises that !Is Caspany, in the aorta coarse of its business, vauld not issue its polley(ies Laurin over technnic's lieu anless the Indeanitor indesaifies The Company as hereafter squad. III, lBEEEF011, tHL IIDLIII!Ot 1GMS that in coasideration of the itsntaee of a policy(iss) of title iasaruce withott shoving therein any exception for technics' liens, vill hold harslet', protect and iadennify the Coapany fray and 'paint say and tll liabilities, losses, datum unease' and charges, inciadit; but tat liaited to attousys' fees tad muses of -- altigatioa, which say be Intuited or iaurred by The Company under, or arising directly or isdireetfy ott of the isolates of lay policylies) covering said ILnd listed in toner se desired by Indeanitor; or under, or otitis, directly or indirectly ott of the issuance of any polley(its) of title instruct covering said land or any partial thereof, thick the Cupasy or its agents Ray it any tine thereafter issae; And resulting directly or indirectly fua any of the technics' lists indemnified sgainst, or frog say cilia, action, proceeding, judgmeat, order or process 'citing frog or based spot or grads, out of aty of said . uebuies' lieus or the 01/1,1011 to show Illy of tls sue is nay policy of title iatarance ar title report. 110 !II IIDEIIIl01 !01l1E1 'CRIES that Indesnitor till diligently provide for the defers of say Letitia based spot say technics' liens, causal to be selected and/or approved by the Compuy at its tole dfscrstiot, and till promptly do all things :actuary or appropriate to cause the title to said land to be cleared of the effect of tail &sciatic*' lists sad say other _ tatter' baud thsreu or uitfag directly or indirectly therefra, sad of sty eland oa title created by or grown, at of uy of the foregoiag; all of thick shall be done at the tole tiptoe of Indetaitor. If Indeamitor shall fail so to do that The C2Opny say do the 11110, tad say pay, cotprotits or settle any task tectonics' liens or ally Cilia or 10111d based thereon if the Cupaay deems such actions necessary for the protection of any of its Insureds Nader asy policy or of itself; tad Indicator shall praptly reitburse !le Cospaty for asy payment, expiate or expenditare tads or insstrtd Ill te doing. If the Capaay.holds lay funds or security for tit obligations of Indenitor Intender, it shall tat bs obligated to resort to sack fads or security • before 'afore* the obligation of Indeanitor, but say enforce such obligations by any lath' la the 1120 tanner sad to the sus extent as if to such fads or security ten held. 110 !lE IIDBIIIlOI F01lHEl 'GIBS that for the purpose of carrying ott the provisions of ads Tat mettioned paragraph, Indeanitor does hereby late, constitute and appoint the Capany its attorney-in-fact to do all things necessary and catmint. • Shat 1 of 2 eA9s 11,1,O41 LID SII IIDINITOI INTIII NIDIS that is the mat tilt up judgast shell be or stall lave beet radered or say process shall ba or shall have beet issued, based epos seehuics' lieu or any other setters growls; ost of eay of Ns we, seder which a sale could be held Affect* or martin to affect said land or sly portico thereof, Iadeuitor predsas sad egress that it will satisfy the sus lad cause the sale to be satisfied and discharged of record prior to tie ocnrrace of say sock salt. 110 THl ININITOI ?MOM NIIIS that nothiag herein shell be construed is et obligation oa the part of The Compaq to issue any policy(let) of title insurance nor as obligation oa tie part of The Cagily to obtait the iasuaaee thereof, bat la the mat She Compsay dots Wee say policy(its) in the ester contuplated, the udersigad Iadeuitor gine the murals sad sakes the aq is lmiala set forth, for the beaefit of She Coapany. 110 TIE I10EXINCI NITIN INNS that for the purpose of carrying oat the provision of this ]greenest, the Isdeseitot hereby pays She CsapanT the sea of N/C dollers ($ —0— ) sad She Cospay, in its sole discretion, say tee any portion or portion a all of said fends for such purposes. It tech tine as all obligation of Indsanito hereunder has bete fully performed and the title to said real property is free of the effect of the saehaaiss' liens and free of the effect of any tatters growing ott of or based upon those mechanics' liens sad the Coapany lee to ;resat or contingat liability arising out of said aehaaics' liens, She Coapany will repay to Indeaitor all fends retailing unused by She Coapany. IN TIE I10ENIT01 TOITN' NIEIS that the Coapany is hereby granted the right, at any tine or from tine to time, to exaaine the books, scouts and record' of Indeaitor, pertsaing to any works of iaproeeeeet epos tit land, sad Indeaaitor will, soon request, proaptly fnrnish The Coapany with copies of all :Balletic' bills or other evidence of Delimit or set-off for works of iaprovesent upon the land ad such other and farther assurances and/or security as say be reaosably requested by She Coapany for its protection frog liability. 110 NE IIDIMINOI ?VITEN 1CINS that She Capon), is hereby granted the right to rely upon this Interest in issuing policies of title insurance with respect to the land, whether or not Indeaaitor is the person ordering the same, regardless of nay change in ownership, title or intrest is the land or the works of iaproveaest therm, or of say clamp of Indanitar's interest therein. Said right shall stead to subsequest policies Lsued with respect to the land. lovever, Indaaitor ay teninate said right at lay tite by giviag t notice of teraination in writing, describing the heed, signed by Iadeuitor aad delivered to The Cospaay. She notice given under this paragraph shall be effective within a reasonable ties after receipt bT The Coapany. 1ID !HI IIO NIT01 PATIN KILLS that wherever the ten policy(ial is teed la this Igreesuat, it also shell incitda any document issued to itt custom Itch as binders, noaitsents, title reports, guarantees, letter reports. LID NI IIDLNITOI FORTIN 1CINS that, if suit shall be brought to adores this Located, Indeaaitor will pay the attorneys' fees of Ns Capay. AID S1E IIOENITOI NITIII INSIS that all of the obligations of Iadeuitor header shall be several is well as joint. Ill of the provisions of this lgreaest shall intro to the beasfit of and bind the parties hereto aid their legal representatin _. and successors in interest. II IITILSS NINO!, the Indeanitors have executed this Mechanics' Lies Igmnent of Indeaifieation this _ day of , 19_ . (Indeaitor) (Indeaaitor) Shest 2 of 2 C91 �;" e MECHANIC'S LIEN AGREEMENT OF INDEMNIFICATION !his 11 t of Itdenifdestdoa is aide by The undersigned • (bereltaftu referred to is 'Iadeuitor(sl') for ilea benefit Ind protectios of lruaiterdeo title Iossusce Coapsay (he:nufter referred to As 'the Caspny'): tAS1US, the Coepan is belie nuntsd to !sets its polict(fes) of title lasannte !imaging In interest in or titls to the nal property in tb County of Weld, State of Colorado doseribad is Io. 8029397 issud by the Conn! die! is laserint as: Per Schedule A of said Commitment and tA1I11S, entsi' vorks of daprovetent have bees or will be, outland oa the above-untiond lead; aid . 1811115, !Is Casein! is anilli:g to issue said policy(des) without an esaptfos(s) as to the lieoi of technics dick affect the title hereto; aad tAB1S15, the Indeuitor recognizes that fire Coapaay, is the nonal eouu of its -aims:, Valid not nun its poldey(iel'. insuring over aiehanlc's liens vales: the I:de nitor ladeuifiss the Conant as hereafter agrsad. IOU, !8&11!011, t8L IIDL1IIf01 1GI11S tint in coosdderation of the Jounce of s poldey(lee) of title Dunne' vithoat shoving therein any exception for seeks:its' lien:, rill hold hauls:, protect and ladessdfy the Coopany froa and sunset asy aad oil liabilities, lassos, daaages, expenses and charges, ineladiag bat not lnited to attorneys' fees and expenses of litigation, dick say be untamed or marred by the Company uder, or arising directly or indirectly oat of the !nuance of say policy(la:l cavern; laid land issued is saner so desired by Indeaitor; or uder, or uising ddnctiy or indirectly oat of the ninon of any poliey(Jes) of title inuuanee covering said land or lay portico th roof, dick the Coapan or its agents say at any tine thereafter Issue; and nsultine directly or indirectly fns lay of the technics' Iles lndesalfied agaiast, or fros lay cilia, Ictios, proceeding, jedne't, order or protest arising frog or Used opal or grouts, out of in of said technics' liens or the omission to shoo asy of the one in any policy of title issuun or title report. • Ile SU IIDID02S01 1011111 1GISIS that Indeuitor rill ddldgeatly provide for the defuse of any antic' band epos lay technics' lieu, comet to lea selected and/or approved by The Coapsy at its ails distretio', aid will promptly do all things ueessary or appropriate to caste the title to laid land to be cleared of the affect of said tectonics' lists and lay other -- utters bated theron or unlit; directly or indinetly therefrea, sad of uy clod os titlo created by or grating oat of lay of the foregone; all of Thiel shall ba doer at the sole expense of Indeuitor. If Isdessdtor shill fail so to do tin !le Cospa'y lay do an sue, red lay pay, aoaprosise or settle lay such secludes' lies: or any elan or demand based thereat if the Cospaay deess such actions :masonry for the protection of lay of its lammed' uder lay policy or of itself; and Iadeasitor - stall preset!! nnbuee the Coapuy for asy parent, exploit or expenditan fade or ncarrsd it u doing. If the Casein holds lay fonds or security for the obligations of Indeuitor keret:der, it shall not be obligated to resort to sash Judo or 'sanity before eaforcdng the obligations of Indeuitor, bat lay aiforoe sick obligations by an lain! it the sun saner aid to tiro use latest as if ee suck Ends or 'entity eon keld. LID !8S IIDSIIIt01 !01!811 1GII1S thet for the purpose of earniag oat the prorisiots of the last audio:ad paragraph, Iadesndtor dos hereby 1414, constitute and appoint the Cospany its attorney-it-fact to do all thugs necessary and convesiut. Sleet l of 2 el.S 7P ) • . - 11D !II IIOtIII201 1012111 1GIEIS that is the mitt that any *Inuit shall bt or shall ban bees rendered or say proem shall be or shall have bees lined, baud epos technics' lUu or say other utters gratin ott of sty of the saes, seder which a sale could be held effecting or perporting to affect said lend or say pectin thereof, Iadeuitor praise sad egress that it sill Willy the sue sad cause the use to a satisfied sad dlscherged of record prior to the oecur'ect of say etch ale. AID !II IIDIIIIl01 Y011IEl AGNES thet nothing herein shall be coustrued is is obligatioa os the part of the Cotpaay to 11120 any policy(1u) of title instruct nor sl obligatioa OR the part of the Cospesy to obtait the issuance thereof, bat is the *vest the Coapany dolt Issas say policy(its) is the unser contemplated, the udersigeid Indesaitor gives the asunrsace aid 'ekes the aq is lent* sat forth, for the benefit of the Company. In !II IIOEIDIlOI tPllSEl IGIIIS that for the purpose of carrying out the previeioal of this 4 t, the Indeseitor hereby pays the Coapany the 1st of N/C dollars f$ —0— ) aed !le Cospuy, la itt tole disoritios, say 211 say potties or portions or all of said funds for sack parposes. It etch the as all obligatioa of Indenito hereunder hsa bees fully performed and the title to said real property is free of the effect of the technics' liens and free of the effect of say utters growing ost of or based ;pot those uchanics' liens and the Cospany has to pretest or contingeat liability arising out of said technics' lies', the Cotpany will repay to Indeseitor all funds nuiifag unused by the Cospany. AID !IE IIDEIIIlOI !0INE1 IGIEES that the Cospany it hereby granted the right, at any tiae or fros tine to tile, to mains the books, actuate and records of Indesnitor, pertaiaiag to asy sorts of laproveaut ;pot the lad, and Indesnitor sill, epos req;at, proaptly furnish the Coapany with copies of all teceipted bills or other evident of papist or set-off for works of ispronuat spot the land and such other and farther uurances and/or security as say be reaeoubly requested by the Company for its protection trot liability. IID III IIDIXIITOI 10IlIEI IGIEES that the Cospany is hereby granted the right to rely epos this Agreesent la issuing policies of title !nuance with respect to the lard, whether or sot Indesoitor is the person ordering the sass, regardless of say chugs in ownership, title or interest is the lend or the works of isprovealtt thereos, or of ay change of Indesaitor'e istaest therein. Said right shall extead to subeequest ;elitist issued with respect to the land. !NOM, Indeanitor say tereinate said right at any tine by giving a notice of tersination in vritisg, desaribiag the laid, signed by Iadeanitor aad delivered to the Cospany. the notice given under this paragraph shall be effective within a reasonable tine after receipt by the Cospany. ilID !II IIOIOIIlOI 1011IL1 AGNES that wherever the time policy(ies) is nod is this lgreeunt, 1t alto shall include any docuest issued to its cistoser such as binders, couitsetts, title reports, glarntem letter reports. LID III IIDEIIIlOI MISER AGREES that, if suit flail be brought to eaforee this lgreeteat, Indestitor will pay the attorneys' feu of the Down% 110 !IE IIOEl1IlOI 101!121 1GIIIS that all of the obligations of Indesnitor hen'eder shall be several a1 well as joist. III of the provisions of this lgreeunt shall inn to tie bessfit of and bind the parties hereto ad their legal representative sad successors in iatereet. II IIlIESS MIEN, the Isdesaitors have executed this lechanios' Lien lgreemeat of Indesnificatlos this day of , I!_ (Indesadtor) (Indeesitor) Shut 2 of 2 MECHANIC'S LIEN AGREEMENT OF INDEMNIFICATION flit ig t of Indeasificatioa is aide by The undersigned (hereinafter referred to as 'IndenaitorW') for the benefit and proteetios of traauerice title Inmate Capin! (hereinafter referred to as 'the Caspar): ISEIEIS, the Cospaty is Deilo regatta to ism its poliey(ies) of title insurance inuring an interest is or title to tie real property is the County of Weld, State of Colorado described !s lo. 8029357 issued by tie Colony click is described as: Per Schedule A of said Commitment and !BEMS, eertsia vorks of isprovesent have bees or rill be, couaeed as the above-seatiseed land; ad 18EI11S, the Coapany it 'twilling to idea said policy(les) vithout an dceptio.(s) as to the liens of aeehaaies chick affect tie title hereto; and 18E1E1S, the Indeuitor recognises that the Coapay, la the sorsa' course of its business, solid lot issue its policy let, iatsrisg over nechnnic's liens unless the Induitor indeszifies the Cospuy as hereafter agreed. 101, lHEl17011, !HE I1DE11It01 1G11ES that in coanderation of the 'evince of a poliey(ies) of title ianrain vitlost shoring therein any exception for seehaoics' liar, ,ill hold horsiest, protect and inanity the Cospaly Iron end ooziest nay and all liabilities, lasses, dosages, expenses and charges, building but not tatted to attorneys' feet and expessee of litigation, Ilia nay be Retained or incurred by the Coapay coder, or aiziag diractly or indiruti? oat of the itRanCt of nay polic?(1'z) covering said land issued is tenaer so desired by Iadeentor; or soda, or uisfsg directly or indirectly ott of the issunae of any poliay(ies) of tiff. insurance coating said lead or nay portion thereof, ,kick the Comply or its agests _ nay at any tine thereafter issue; and resulting directly or ladirectly fros ay of the sonnies' lies !Identified against, or Eros ny alai*, &atlas, proceeding, judnezt, order or process trifles Eros or based epos or grovisg at of any of aid technics' liters or the 01/1$101 to dos any of the sue fl any policy of title fastruct or title report. 110 !SE IIDEIIISOl 7012111 1GIEES that Indeuitor vill diligeztly provide for the defend of any aatios based tpon nay addict' Ilea, x011141 to be selected and/or approved by its Coapuy at its sole dfscretios, Ltd rill prosptly do all things necessary 0r appropriate to caste the title to said laid to be cleared of the effect of said technics' liens and any other utters based tarsal or arising directly Of indirectly throb's, and of nay stood o* fitly treated iy or grata oat of ray of the foregoing; all of dish shell be dose at tie sole expels' of Indeuitor. If Isdessitor skill fail so to do that tie Conant' nay do the cane, sad say pay, cognate or settle nay nick uakesics' lilts or any eizl* or desad based thereon if the Conan dells such actions leader? for the pr0tectioa of azy of its insureds under ay policy or of itself; and Indeuitor shall inaptly rafsbtrse ale Colony for nay papset, upsets or expenditure lade or iseured is d doing. If the Casty holds any funds or security for the obligations of Induitor busloads:, it shall set be obligated to resort to soh fads or acuity before enforcing the obligations of Indeeadtor, bat nay enforce such obligations by any toilful *ISIS is the sus sonnet asd — to tits we extent as if a sack Inds or severity wire held. 1$D ?Hl IIDBIIIl01 7012HE1 1GIIIS that for the purpose of carrying out the provisions of the last stationed paragraph, Indeuitor does hereby nate, constitute ad appoint the Coapany its attoney-in-tact to do all things necessary and cony esieet. Sheet 1 of I "1.0700 110 !HE 210O0I201 f01lIE1 MIES tkat is the neat tlat se! Asset stall be or dell tan bell reedered or Lay process _ shall be or shall have beet Jested, based epos ucheeics' liens or u! other Ratters groviag oat of uy of the sate, seder eticl a sale could be lead effecting or ;exporting to Affect said land or any porticos thereof, fadeaaitor prsaitte aid agrees that it will Misty the we tad cause the saas to be satisfied std discharged of record prior to the oenrates of say Itch sale. — LID !II IIOEEIIlOI Y01tIE1 ICNES that nothing torsi* shall be construed is it obligation of the part of the Cotpasy to issue any poliey(les) of title laearance :or an obligation oa the part of the Colony to Mai* the linnet thereof, bat is the event the Cogpsny doss issue gay policy(ies) la tke ganger etinteepieted, tie endersigeed Indaaitor gins the tesannce gad sakes the agreessats lgreis gat forth, for the benefit of Ns Colony. 11D !HE IIOIIIISOI ninn min that for the pupae of carrying ogt the provision of tlis Ig t, tie Indeitor hereby pays the Coepny tie to of N/C dollars ($ —0— ) and !le Cosies!, is its sole diserstiox, say use egy portion or portions or all of laid fends for such petioles. It loch ties as all obligation of Indnnite hereunder has been telly perforeed and the title to said real property is free of tie effect of the sectsaits' lives and free of the effect of any utters graving oat of or based opoa those technics' liens end the Conpny has to present or contingent -- liability arising oat of said militate' liens, the Coepaoy vili repay to Indenitor ell finds tsgafnieg anaeed by The Cogpaay. IN !HE IIOIIIIlOI Y01TEN MIN that the Coapaty is hereby granted the right, at sty tine or frog tie, to ties, to _ staging the books, monists ad records of Indanitor, pertaining to any wake of itproveunt ;pox tie land, end Indenitor rill, spot ropiest, progptly fernioh the Csapany vitt copies of all receipted bills or otter evidoece of ;meat or set-off for works of leproveeent loos the land and such other and farther assurances and/or security as say be reasosably regeeeted by the Cospany for its protection froe liability. LID !HE IIDEHIIlOI MITES& NILES that the Colony is hereby granted the right to rely gpox this fortes,* 1n issuing policies of title *trance vitt respect to the land, ekether or not Indenitor is the person ordering the saes, regardless _ of any change in ovgerstip, title or interest in the land or tke vorks of itproveseat stenos, or of say Sege of Indeneitor't la stest therein. Said right shall extend to subsegseit policies Wiled tits, respect to the load. However, Indanitor say terginate toil right at any tits by giving a notice of terei*atios in writing, describing the land, signed by Indaitor and delivered to the Colony. !le otitis. give: under thie paragraph stall be effective vithin a reasonable tite after receipt by - the Cogpany. eo THE IIDEIIIISOI MINN IGNES thot wherever the ten policylies) it teed ix tlis Igreesent, it also shall include any domed issued to its testator inch as binders, cosaitents, title reports, gnrteteu, letter reports. 110 !Hl IIOENIIINI MINN NILES that, if suit stall be brought to enforce tkis Igreeent, Indenitor will pay the attorneys' feu of the ecstasy. LID !IE INIIIIlOI ?VIII!' IGNLS that all of the obligations of Indanitor hereunder shall be seeeral as tell as joist. Ill of the provision of tkis lg t shall inure to the beafit of and hied the parties keret° gad tleir legal represestatin -- gad successors in interest. II MUSS NINO?, tke Indeenitors have 'seated this lethality Lien Agrees)* of Indeeefficatioa this day of , II_ (Indaanitor) (IndsaVitorl Sheet 2 of 2 D. TAX CERTIFICATE Pii_ 1:7no STATE OF CO1 ADO CERTIFI. .TE OF TAXES D S.S. COUNTY OF WELD Y I, the undersigned, County Treasurer in and for said County,do hereby certify that there am no unpaid taxes,or unredeem t�es a.gn ty r fy w appears of record in the office,on the following described property,to-wit: T NO. P ICEL. 56i i "6 25118-E PT SW4 ii 2 68 BFG AT EW f"OR I"3F NAME 62131311000023 R THENCE .3891)40 ' E 50 ' NOD 91 F 172 ' NO5D46 ' F 164 ,30 FLATIRON STRUCTURES COMPA TO TRUE POB CONT NO 5D46 ' E 189.82' S86D43 ' E 660 .62 V •Iooa S85D46 ' W 5.45 ' NB8D5 7 ' W ?42.40 ' SD3D?4 ' W 132.06 ' K FLATIRON STRUCTURES CO N88D57 ' W 86.50 ' S83D24 ' W 19.97 ' N88D57 ' W 379 ,89 ' M/282 TO TRUE F'OB PARCEL i ALSO COMM E89D40 ' F 50 ' FROM E :EFT— SW COR OF SEC NODn9 ' E 172 ' N85D46 ' C 134. 10 ' TO TRUE FOB THENCE .788D5 71E E 341 . 1 3 ' iNO3D24 ' F 30 0." ' *1990 TAXES $9, 326.90 N82:057 ' W .3.39 .89 ' SO5D46 ' W 30 , 10 ' TO TRUE F'CJB (PARCEL 2? TOTAL AMOUNT DUE FOR THIS PARCEL IS $n , r..;c - RECEIVED APR l 2 1991 ' FLAN()A, SrRUCTURES This does not include land or improvements asSessed separately or special District assessments unleSS specifically requested. APRIL 10 , i !x!WV",: FRANCIS M.LOUSTALET 199° TAXES ;'HID $9, 3'76. 90* T wave oF wELO COUr+TN\ Sy \\A1 _QO �� J STATE OF COLORADO CERTIFY* TE OF TAXES DUE OG SS COUNTY Oh ..ELD I, the undersigned, County Treasurer in and for said County,do hereby certify that there are no unpaid taxes, redeemed tax:elates appears of record in the office,on the following described property,to•wit: TB NO. p WEB 5612186 2.5118—D IMPS ONLY FT W2SW4 ii 2 68 n ME 62131311000061 R (LAND OWNER 425118 AZALEA FARMS) FLATIRON SERVICE CO %4045 WELD CO RD 22% VENDOR Pi ' TRANSAMERICA TITI...E 313 802939? r-zE►T- 1990 TAXES 53.5, 814. 36 TOTAL AL.. AMOUNT DUE FOR THIS: PARCEL. IS $17 , 907 , 18 This does not include land or improvements assessed separately or special District assessments unless specifically requested. APRIL 23, 1991 iST HAI._F 1990 TAXES PAID $17 , 907418* FRANCIS M.L0USTALET el i i\ TV am -' TR SURER OF WELD COU d.., •.E., „ �” By Q �QQL ,1 \� 5 s�.47ks— E. DEED RESTRICTIONS I • i • • a \. AxzRDnsll • ASSIGNMENT OF INTERESTS KNOW ALL MEN BY THESE PRESENTS: That the undersigned, W. B. MACEY and PAUL M. MERSHON, - JR., hereinafter called 'Assignors,' for and in consideration of • the sum of Ten Dollars ($10.00) and other good and valuable Con- . . sideration, in hand paid, and the receipt and sufficiency of which ' , _ is hereby acknowledged, does hereby sell, assign, transfer, convey and set over unto JAY DEVELOPMENT COt1PANY, a New York limited - - pa rtnership.artnership, hereinafter called "Assignee," those certain percentages 0• u of interest _n and to those certain wells set out and described on Exhibit "A" attached hereto, to be drilled upon the lands de- "O scribed on said Exhibit "A", together w'th the identical percentage u interests set out as to each well in the production therefrom, • oy subject to the following to rms, conditions and obligations:atlons: . . O ry 0-0,) 1. That Assignee understands and by acceptance of this s• . • v'w•. Assignment agrees that this Assignment shall apply only to tha ' • ^2 specific wells tO be drilled upon the lands described on Exhibit ' o "A" and to no other wells located on said lands, or lands pooled, ' j w unitized or communitized therewith, notwithstanding that the -"m described lands are or may be pooled, unitized or communitized • with other lands for the purpose of production. . 2. That the rights and interests assigned shall cover .4 and apply only to the Wattenberg "J" sandstone formation and to { n u production from said formation only. L —.z It �m 3. That this agreement and assignment is and shall be ' o MI. subject to those certain unrecorded Agreements described as _ w follows: .-.0 ,r u. a. Turnkey Letter Agreement dated February 4, 1980, o z by and between Macey i Mershon Oil Inc. and Jay Development r Company, relating to the drilling of the wells described on Exhibit . "A" attached hereto. ',.. ,* r b. That certain Letter Agreement dated February 12, 7. 1980, by and between W. B. Macey era Paul M. Mershon, Jr., and " mtsJay Development Company, relating to the last three wells • in, Jdescribed I 'n"o on Exhibit "A" attached hereto. . ' 1p°' e. That the interests assigned shall bear their propor- tionate share of any and all royalties and overriding royalties . of record at the time of this Assignment, not to exceed those • burdens set out on Exhibit "A" attached hereto. ' All of the provisions of this Assignment shall be avail- -. able to and binding upon the respective heirs, executors, admin- istrators, pereonal representatives, successors and .,sslgns of • . the Assignors and the Assignee herein. • ' s EXECUTED this 25th day of February, 1980. A.SSIGNCi-I • ll )_ 3 Men _ W. B. Macey •/ __ " ' Pau M. Mere on, Jr. ASSI G_: E JAY DEVELOPMENT COMPANY, a New York By Il• limite d partnership �pmtgepp, qJ , . • • • • • • • • • • • • STATE OF COLORADO ) ss. • COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 25th day of February, 1980, by W. B. MACEY and PAUL M. MERSHON, SR. _ WITNESS my hand and official seal. ' Staszat/, 4-/0.4- �� Notary Publ c ' t ,J, ptpgl' ' o saiori Expires: • I '•MeylslAe,4a. 1981 4P•..... STATE OF NEW YORK I ) 59. ' COUNTY OF NEN YORK I v The fqqe Sng instrument was acknowledged before me this ,1c fm!' day of (../.1 dw.J , 1980, by G. R. SRIARELLA, as General Partner of SAY DEVELOPMENR COMPANY, a New York limited partnerehip. WITNESS my hand and official seal. • Cary Public 20ARf( #1�Tbimgkssion Expires: �!"rr, , ,.[ • a O� R C mmNib° ,.... . { Fm*.M 6.nY . • •cn,e.wet R J �• ar 4: ors of B 1258 AEC 02208511 03/21/90 13131 515.00 2;003 F 2073 MARY ANN FEUERSTEIN CLERK L RECORDER WELD CO, CO • • ir le/11 Inte,fle) • I R • • 4r :.R , - • _ ' • / f • � ' '. . . • _ �. 4 • • _ • B `.258 REC 02208511 03/21/90 13:71 i15.00 3/003 F 2074 MARY ANN FEUERSTEIN CLERK i. RECORD WELD CO, CO • I•, 1 EXHIBIT 'A' ATTACHED TO AND MADE A PART OF THAT CERTAIN ASSIGNMENT OF INTERESTS DATED FEBRUARY 25. 1980, BY AND BETWEEN W. B. MACEY, PAUL M. MERSHON, JR.. AND JAY DEVELOPMENT COMPANY . Net Operating Revenue e - Well Name Location Interest Interest Erica /1 NWk Section 34, T2N, R66W 60% 46.2% Weld County, Colorado ell Darlene 11 SEk Section 34, T2N, R66W 30\ 23.1% _ Weld County, Colorado • Elmquis[ /1 NWk $County 23, R68N 60\ 16.2\ Weld County, Colorado OP ' Johnson I1 NA; Section 12, T2N, R68W 60% 46.2\ // .. Weld County, Colorado / . L Hurt 11 SEk Section 11, '.2N, R68W 60% 46.21 , Weld County, Colorado ! I I' • - Tovisend 41 SEk Section 5, T2N, R67W 301 23.1\ • Weld County, Colorado _ or Badding State 41 Ek Section 36, T2N, R66W 75\ 52.5% • ✓ Weld County, Colorado �{ a P. Flanigan 41 Nk Section 6. TIN, R64W 75\ 52.5% Weld County, Colorado r 0anerxxl3 Sit Section 27. TIC, R65W 50% 35.0% .I u.....-tib..uk to Weld County, Colorado - I I • it �1 0,} fit,pi) N b . i N vac t woµ^r F •\ . ~ I - • h F R' 1 { } % pI. • - : .. 1 ..• , . • .i caw*-SOn;K2 /•lf �i3 r c. t 1 - - $ PARTIAL RELEASE O[ RICHT-OP-MAY CONTRACT 9O// /Elora T Arks,S/ WELD COUNTY. COLORADO 77 1 -,� AR21123U Y"- 40043/ , ` KNOW ALL NEN BY THESE PRESENTS. THAT: . 4 - WHEREAS, by mesne document of record, WYCO Pipe Line Company, a ` , . Delaware corporation, is the present owner and holder of the `... right-of-way contract set out as follows, to-wit: • s ? e H, Right of Way Conveyance dated December 11, iglu, executed by lc. Paul L. Jones and Marjorie E. Jones, his Wile, as grantors, unto WYCO Pipe Line Company, its successors and assigns, as , • grantee, covering the SW 1/1 Section 13, TownsMp 2N, Range r " - 68W, Weld County, Colorado; said contract recopied in Book -� 1199, Page Ill, Reception No. 1003077, of said Cuunty. 1 WHEREAS, the present owner or owners of the hereinafter described tract of land, which 1s encumbered by the above described right-of-way contract, but not crossed by any pipeline facilities • constructed thereunder, has requested that said tract be released from all of the terms and provisions of said right-of-way 4 contract. r NOW, THEREFORE, WYCO Pipe Line Company, for valuable consideration • does hereby release, surrender, and relinquish all of the right, - title, and interest it acquired by said right-of-way contract together with right of ingress and egress, unto the rightful landowner or landowners, their heirs, and &salons, forever, only i • a ,far as said right-of-way contract pertains to the tract of , described as follows, to-wit: A tract of land situatod in the Southwest one-quarter of i Section 11, Township 2 North, Range 68 west of the Sixth + P.M., Weld County, Colorado, which considering the North F/• line of the said Southwest one-quarter as bearing South • s y. } 89.77'11" East and with all bearings contained herein, IS//rr relative thereto, is contained within the boundary lines , which commences at a point on the Easterly right-of-way line J- of U.S. Interstate Highway 25, which bears South 89.71'11" East 279.50 feet from the West one-quarter corner of said 5 Section 11 and run thence South 89.33'11" Ear• 1021.15 feet along the said North line; thence South 00.21'11" Wert 71.12 feet; thence North 89.77'11" West 161.51 feet; thence South t ' • 00.29'79" West 6.87 feet; thence South 05.16'09" West 618.51 feet to the Point of Beginning; thence continuing South �d F' 05•46'09" West 1525.75 feet; thence North 86.43'06" West r • 660.62 feet to a point on said Easterly right-of-way line of a , U. S. Interstate Highway; thence North 05.16'09" East r;. 1192.11 feet; thence leaving said right-of-way line South 89.77'11" East 662.88 feet to the Point of Beginning 1 . containing 22.86 acres more or lees. All right, title, and interest of every kind and nature is fully 4 • reserved by WYCO Pipe Line Company under the right-of-way cont, .t .. first herelnabove described, except as to that tract herelnabo.e specifically released, it being understood that the release shall not r affect any other lands presently covered by said right-of-way ,.• , contract. LL • • _ DATED this L�day of SyterveCilIk 1989. , A41•ESTJ / W—CO PIPE LINE COMP ena . • t1OC0 p•..,. A� i'tiiit oi. l . 'ante'._ BY: _. � era:;can " . +'! atrrsn . O. Weibel O tlInVIE9cretary rceaident primp, V 1 .4 .. ... ; e•• B 1211 AEC 02192113 09/18/89 12;47 $10.00 1/1el•(1110(0h/ �• [ 06E1 MARY ANN [LUERESEIN CLEAR 1 RECORDER MELD CO, - r , .. E ; • •+ M i i m • .t 1t i r.•. - s r ♦ r r 4/` • • r•, y r I• • • B 1791 RNC 02197117 09/18/09 12;97 910.00 :/001 . . P OfR9 NAM ARM IEOSRRTSIM CLERIC I RMCORDER MELD CO, CO • ' STATE OF ILLINOIS 1 ' 1 SS .a� • 1 . COUNTY OF COOK 1 c_ _ — . R t a' On this HO day of �RIV�O.' , 1999, before me appeared 1''- C. G. Weibel, to me personally known, who, being by me duly sworn, d:d • say he is the President of WYCO Pipe Line Company, a corporation of _ the State of Delaware, and that the seal affixed to the foregoing instrument was signed and sealed on behalf of said corporation by• ' tl. authority of its Board of Directors, and said C. O. Weibel y, . acknowledged said instrument to be the free act and deed of said V corporation. In testimony whereof, I have hereunto set my hand and affixed by• } rr official seal in the county and state aforesaid, the day and year first above written. _ loo Washsam (/1 _ 1 • M hale 7Ye a Notary Public eI tammieea frbYr 7/991 • My eomaLsion exp rase a9, '91/ ,. , .. • r. • • . I! • •. • • i • • . i , , • • ,. a I I a -+ ' ..._ • • • 04f 1 •A,, • e , . . ^'c�-I _ `g •- t°°K PlIODUCtii IMAM "l4rl II�°r M 14 4E•rMML N QED A75. . . .,. , '41 .Q M.Mb.MII AM. Ms Lim Ye* k. Ion • 1alloMLeftwe.CYL • W OIL A1VD''GAS LEASE • AMILYYT.Made W oedema lobo an I'd 1 ' rd it—iiplaabw i .n. W Stows Mosses Unlimited. L limit*. sLrtesrtlls i , I winowinopoi web*eon oit 6 Salt 102 Lamont. CO 80501 b. _'.sand Gant ahMrW ore loon)W ! Ian Y111er L. NerA r ob..r.lt.•orbs at 11.�B.mR.a11252 Lmnmt• CO .baba".WJI�m r r W ooiY,y mended.•al �Loom Y bWm�M Yw�baNLNW re.w�l.r11�-L.eYe". bo aUM1Lu i • • w ywnaw boat by Ism seise dol.n Nan,wk.. eear In w lrMrNen �eWe O. l lrL moo Ina for Y.�".I..�r . :? .rr.w bar..bYL_Na dens ea.w~.uwY� IN RS,olool l••irki Y1I' lbitete of oe••mg miasma•••• nor be o..�me el belle~ne of OM meta Jn elele boot el V:Mena Y W tore.Y Ma • .mod monoWLIMDO n„e�•a1Ye1 ea Ii.L WY1 Womilltill 2 MIrN 68•Meet 6th P.M _ a Merles 131 2/2 Y •Y� L - r. . • e o l . U U ..a...also* eOe6 .sell son N Yr ' I. It le oral MN y.el.JJ nee r loo Orator.di yms we MY Ode ea My Mreener N ad w or N.hw.N Pan die ILO Os led lee pen be ald bonne I N poen_ Y peed•• n ped• •L w et nee nnea• nen ee beetle net Ile Snell N..be me Mal Y Ira.l.eeen..sane Inaba(lee nbee le Lease Is On arced la erne et m+wbba eaeYoee Yeeee.On Ms 1.�in nen a Iw wee et wonder w bNM Meyw. b laee.ed n die alma preeye pNde.ebnab nob opener Y r neared pi be sap peen Own O tIe.e.en MI don Men nowt Me ea lr eeaaYey wb �' f noel.es an b.Wry et eons..la wnnof• eNeeea well bale sever of N..ere eY YN w n.ena been rsee^M.peM.n net nee no bad wren an no peal In 4Y bade M.bet Inn.Y Iln en.eeenelele.yaetY et ewvedee WM elan lel YIefew Y Ndeses of r leweYoe or Ina Y aY J ee+MYr N 1I bas II Ole"MJ be oe sod r ne ea♦ anal;al nen.One.one nole nare n a 6 Nw.e We N"Ybon.MIIWY ap ale slew wr.ael.••le Is none fed.no ben weed L /. r b. lI�Rl es weans iw�e NW ion at impost ha rrow Y Wan Oa r to�by�la.nose ono rant cede e.w.4 YY eerie dn.Oa eamn mon.Leo"MbatYn a thaw.wMl Si OM Y Pi. 1. eeM neon el as lnlJ Verse N.Y bad oat N MM ants w n.as by teen.le 1st on se by MAN Mleeerda '. wMeom"sedan.."a le OsMee wn.WeN. - e L Y andeen el W preen W.Y Ian.masts W epee I abed MAY O T.Filar O. N Lseado.el err, pipe Yr"*blob hee.n lance*anemia Ina.W II Y)port N J ea peedeer and area ben W area prepaa _. • Fed.Yoet Len r reline eoono••Ye now poweea rob 04 WoLL.mnab.let to ba hoe r e aloia red Y Me .well ea e era be le inet ee of Were o net a rewY(tat.nrJY dale"n e.eeYleY meet nY la p. on�tW wMMW war w.loehm NdreeYreM aeM.a1 nlel To on Ian Iw Aar pelt,tar Mo�y� MI N reYLY ore)or the nen e�Mae el Y dell Wien en t W_.rnel Van one. • l Wane se lye a nee et peen q lea ea w r.h new inn se neaten nen en.ewe Deer now na lee an potent ens nbde.l balsam.r MMa et Yaks Y M�to re br Woe Y.alms Yde N le Pao are swim Nr Ye elect et M Ore Ova W dose mob w.r inter W MYean beta.Y weneep awed Yde be ewe Oa FeJset welbest ie. le in.pewee et el.en leresale be ealYYn YN IY a enort Pee land nMa Ila men let YY tan. b. IL ell nom nee Oa Fenno , lbeelba Ywei set Jy1 bereft pre.eW lee m�hr W L bog on en le N o.ewa del w Lamb hen eon In eine Pet ens nien Ine M the wee W r1eW No, IL lie Yl en Oe IWO le le tie el ant en J W dew asthma a W YJ In Merl eewYea Yoe.,4an.4 oNa I•ea IMO heap Len.T. by Loos am L Nsw�Le eOJ ern Ye 200"be Ye No net on a el M bee aw w W wed inn ontet inn N Laay. L Lees M e n loo degas en by here.eb..wen Veen pen eras bad. lb. Lee iJ.ore lbe reel me an tie le none J WM W Nora blood Is odd a.arL ftetedW Me Oat Y wade W ' i...,..4 on. . 11. the etlM N Leer ad Ice bnNn der komost le*bolo wed.Ms Yee awean►sl tan%Mred dry sYoeN name,dpi b•bete ee Len eat lose W In twean re sae ended l.1 sale"*win et on rented dame.et Anna W doom rnamom oamnt es eeW o novas any N..l.1 NY bee toe. al Ono en.e inn le Manna Yrwnr may Me eY bW or one.nen area er rarYn.Y be eftW*ea Now. Me rode.or%son dMYa et Lemon • e.ania.Y ill"et role or ewer a W W Y ern...M omen W ebinrtms a lrW lh barn of Loper W J lava �en�me;Neon wine tn.le el r One M J ea r M NY YnYueeed,a booboo oar.W to IWO in er nor eY wee.own. L Lean.N Me epen le bent Ono W nil W Mn el in Ye W boo Yes Y eW u s neon a oboe lean a OM [1•0000.••et M Y N re M of W YY neelbed Nosey W e so eI es w non of W leoara beaka to pool et molt.ebe inn- beta rwrw W Se adea.1 em..nem N Y...mamas•••••••••bast Y W atoms 0~9 w dr...amts.el co W a., ouaeb w Mo a ortia el ener.eta le Lent Wore Y Y nee n a nee le a NO.W YnWln N when nen, • Foe le Ode np weern.Y eel en W.en Weer.Inn.me nen lean MOS.*I.apeme el pe ltren ell ow eo4 et hmaeee a ens OSA smaller r awesL Ts ban to ineelale a el.sob Y he eaoeWd In hnanrn el l.1 N nee.deeheon el M Wean et nlwnlal nab Ftroa"M Feats Om red.ASP OW OM ftelne led sea ele a we hem Yeneen Wm eweYbe a move wYa epwoeer loo erne bee••••••••••les aeread.nyorfte,dine etes wenn ewes.ea e et name.per eft nen preen wean enWw On n en N has en Fend r l M on awthJea Once es none engem al. eaalohoc Las oat i 444 enn le for eat el e men eta YY Ye.Ia M N Me 4444 eeeben eery woe , nen Is Y Inn dll•Thi!OH shellocra Y 4 oat l.l W alt aedene.Me�wW MW�el rode set nnee btI en� el end le Se ale hen M W Ma Sato el ear one to es ale,to Wbin M W lwene,Loin W heao el.malt Y 444. nob w cone ell et el eon el Y oen teas MrM re le been et tie tamer 1MWn woo wan Soak le eo al.pane ea n inn W o nopootlw a a4 pin el ono Moroi or melb4 rnws by bar"deems of rYMI W.bs too a n. - wMl So wooden.M medley.Sees n Iw.1Yn aI r ba w sneer W.ft r•wet.W Yen......m.....4 nenne al Ws • bo.r We eon none lea now be Ye tern le.pyre.et we e/r wen•onenre w WL in e1 dot lent. ameba aL.rreeYrll.J er e W 4wapee 4een ele a Ole W,none n Yys.e.iJ h atlee dry.glare war Y "r MM'ed YAYtreee4Mn ale pal.w qwL W Y Yee drat art Innate le nee Nee Y Mar araba caw • Yet. le Stone n.Y.lean de ar eed yet w en M Menel.en berate In epee en on r neon et earn nl aeeenen el eeaaf nen babe wemeYYn ebtes de tans••ea dlbanN nine al le bme we.by W Nob on W roasts _. • on nrllL 4apeen of eedr.L let te benese et ooaeeY lbe n loan a n r keno r lee.rwrMr Yrle • red iwwseteAeJl.rY peen Yam N bsd lo width M agmen at el le toy IY Yen rYeon YplJe.r YnaW _ }.la W en inelW en•••mehWd,Lose drJ lenaltr nano non nun a nor y�fy/eanew et NO.* minas r�dm 44•••4 Wet bear 4l.ad eaa.ww•bt mot eweoramoi N4 4 by onrew le ea o�L.nll stn N t........ l�J Ile We nDM bewanbain~id.r noww Spot a Leon boo iY.Ypd abI loon rwo:nY as.... swYn Y�se •• • by.wY 1ibe re.leeaaaslo rock of,bay r 4wewY ta.Yta.I .M se nel.:=1N Ien:.n 4M�.n�MMMrw.War on M w es Y ob ft N Mow lads. Oa tint lMYeI./vs Odaet 11 Len et a anon le W lien el Me hewn Matt W Y gee an d Leek Ns Inn.W M bums.wain ell yawn ben f evw J dew nod ft lb*Mean Ma ed tee ape el bones emens n t n me�l.a el rpm et ease W eel.b n eV . Is on on Oen le eewewe foe wW te Ian bask,es non Lad& IS. MnW err ere a the least boneben des a Lee IJ M one Y ban,k OJ rtrnthebr be ladba men al r ones wee l.4 o..Y Y.4e. The wet•L4er.am midis LY Ymw.dr4.rrreaw or Jelbanee woe none OYIne Ian Al Os peen el Y In Y he Moran nW baba ano any=of anon sal any= lams oe, U rain rMtttw,ow baWaat to roots wed nen M abew mete. J y 16. See ride attached hereto-sed-bd Y.f\rSM26:taM'i" tan° . Yerut I >'lesrahip Ped.I.D. 1 86-06/.2559 I to __ Canon 8. Mail ' • ( . I �L„"r / I.e 'tPS) Lr. ..i J .a 4 _ J, • ,• .r1747 1669469 ._ dttfuhd end e wade a part of th�emr certain Oil sad. LO W ai dated entailer ' 1, 1976. between emsen Ualisited. a limitd partmerehtp ate lesser(.) aid Willem . M. girt as Lash � r � —. 16. As further eauideratiom lessee agrees to pay to Lessor the wen of 6100.00 Per month for soy month demise the teal of this lease until a well Se ' eom.ened for oil and/or pas on Lads whereto this lease is unitised as contemplated ender Paragraph 12 above. Soon palmist shau le tendered direeidy to Laser. at the address SdieaNd above. tad 'ball be doe ad papal* within thirty ()0) days after the end of any month dining which no well Se commend. on a N11 is @sussed. le further Deathly payeait will le regsired seder the tares of this paragraph. Notwithstanding anything to the eeatr►iry contained herein, lessor le hereby granted the right to hue gee fro' of charge from soy gas well. as defied by the Colorado 011 ad Cis Censeraitiat Cemmiuiom, on the leased Premixeya�s for stores . and inside lights is the primates' dulling home on rid land by maids his own eoeneotieas with the well. the axe of emit pas to h at the sole risk and expense of lessor. Leese shell be promptly provided with copies of all loge of any well ` drilled within mitiad area. ` SICNO 100 IOCI PIPAtI00 Norse. xi "1 rtnershio . . e her (, • • !✓ 011 Ill) Ii } 1669489 IPC%47 34 / *ran OP WI[11aDU L Mon Oimarude.l — OOtOrry.OF Dam r .._...'ki. .. WOOS)d6 w ryatvd,a Neer Peak.a r k tall U,rlr W w�.,'r, day . ._,nom_N1L waft..'--'-''.. .r•r— arca 1, SALIM! Ila xe.ex. 1a11Q1 111!11111, U llatta4 prta•rM1D - . 11 .�A. . .. yi1a Y r Iasw r V the Owed pins--.SSW • nr .v e - . . Id; UT �d won r.ar.bled r r w 1s day a*rd de r*Isis ar i.,,s `the r eat rrrr+welt al hot p� Ayae V dwr Res ^,AItx•_'r•,'1,!-_7 Ju1r 26. 1979 nilelfAbw Nadir ache. Nap tarry ti ldwrt odrab Il,e► - rll flY _ Orl.►r' IT_tpvmUAL . aoRnrrr a BEFORE tR tho adsatFrd.I Nosy Mlle.li W ar tall bar tar Ma r dd, y dpd N___L.,resaRr road is e is r lawn r 6 de,irrd rree��Sedated r tar*kr heard. - pd r r deM Sashed de r r ate rho emit.teat ieegerr Ieeb�at d wrlerr rA r.elewry tl r deed b der ed imps Se m NI Iwo .. �- IN WITNESS WHEREOF.1 Inw tare•••r Rey W W Okra r arAd eat di day rd year W,Mn.rata . - My(otlIMOM F Neal Fitr_ _1 ACINOWl�rr(N r by Dnruala)2.(way d.__—_--._ Oa data.—__� •ey t1 ..�A.D. N—_%NUS r prep e _-.r r rreWr Imams Abs.IdeaM iavreaeel- ---�— r der tweet did ry that 1w r de al - ewd w de nal and b rN rerenat d w earn*d d add saes. r nee mad dd rd meta wee +vat ad sled is t,WI d ad taerded by Enda d r Feed d Medea W.N - •y lrea floe de ra sears d ere tartars - , { Wan,we lead ad sal dRa.—.__ day d A.D.N__. ! Nagy wr. My Cram opine - _ ... 1 E J D z e, D. < i i •1 I oz i 1 i i z� x n ; : . j . I i EP ! _ . . i a� a �"� _ . .. 41 ) ik il . . 3.1 i CORRSCIEO 4 ' AFFIDAVIT or PRODUCTION i 1, 1 STATE or COLOAADO ! as. COUNTY Or DENVER ! .> PAUL M. MERSHON, JR., whose addreee is Suite 1010, 1600 ' ' c , Broadway, Denver, Colorado, 80202, being of lawful age, Lnd being I first duly sworn, deposes and saysi That hs is the owner of an interest in the 011 and Oas "-" Leases described on exhibit "A', attached hereto and by reference , ' made a part hereof, insofar es they cover the lands set forth • I thereon. 5 • That production of natural gas and associated liquid ' , hydrocarbons was obtained from the SALISBURY 11 well drilled and completed in the Sy of Section 11, Township 2 North, Range 68 Nest, > 1 ! 6th P. M., Weld County, Colorado, during the definite term of said 1 . __ That production is expected to continue on and after the `, definite term of said lessee and for an indefinite period in the future from and after this date. Said leases are valid and sub- \ silting and will continue in full force and effect after the d definite term of said leases so extended as provided by the terms and provisions of said 011 and Gee Leases and any amendments thereto. % I That this Corrected Affidavit of Production is made in �� compliance with the provisions of Section 18-12-106, Colorado • Revised Statutes 1977, and is for the purpose of giving notice that f the leases described on Exhibit 'A', attached hereto and by refer- ence made a part hereof, are extended beyond their primary or ' •_ definite terms. i1 That this Corrected Affidavit of production is executed •ii -- in lieu of and intended to replace that certain Affidavit of -. Production recorded on November 15, 1976, in Book 782, Reception _ . No. 1707511, Weld County, Colorado, because the leases described ' \ . on Exhibit "A' of said Affidavit of Production erroneously described "Ij the lands. Further affiant sayeth no . t. i r i ''i 1.'. Subscribed and sworn to before me this 20th day of 3 December, 1976, by PAUL M. MERSHON, JR. WWWIT Illelal s aes. -'(II /-SJl/(tl_ I on r abide Notary Public .. ` ..1 14.�.i se IS i SALISBURY 11 A . A 7G r. . .t': , — �� O NI 5 fl CI O. kal f w WWp Y n O ,:„ el1ii . :,., S4'� ...tw 4. SO ��f/��rIt'`'4.F4�`�:i. ;.m. �'llt _, _ r a_�{ ' ,,,,rte _ . , Mhs 's+ .-. W '1 II 0 m • M 0 I. Y .M W W al II ' Y O 41 . L j C o .e1 0 m qYo t. S w 5 a . o 0 a ON Cti ` 1 C V.A . YV q 1i {I a .a a uY . o , 1T.. .M Y C a a 1 owI.1 CI s R° 3a "Er i i CIC mL0i l Pi 13 [F.e 14) 4 r W , N W 14 H M1 CI , R A 4 Y 4 � i Y G o o K ��Wq - W UO m $a M 41 % Fm @ m in Pr - 4 t... W a M o W j 4n W u Wc W a 2,2, a $do -- go ., WW a . q • . W J f u E2 n ' ' Y C4' TM 41 Y r G yy q M . M � a C Ii , ll 1 t1 G4W t la`3 M N 0i NTq . 0 LpYW 4Q.1 iii Pa.. o Q w - ... [IW�NA ! . k .' rl ..i'.. M • if . Y ($ a.. m r ^f, l In la m • CA7 tir,�0,4) • i. tillii,i,...• •> i • • r, a !. i • �. O . . • 7 O r m • w y .. H r 01 N 0 � ,r4 I 4� to r- .,10 9a y r r r r- m y ,- a b •O �G N V 0 0' N K i •' Uy miu;; �•K A ti K J ,,,NY..--.w�..C•. P H Y N N H - m 0 14 14: 0 m r r r rM. r 4 U r r p . 0 141 41 U m N m .o P P O , Y ✓ U M M N G V N N m m N P N ..62‘ ~ ~ ". m 41 U _4 ..0 _Y N N G Y'O L• _Y•O C _Y - ry O S 3 p 4 - n C 3 C 3 tl V 4 4 0-, ? F 4 0 NO m CO 0-A 0-A m.4040 0•JM W H • • a Ooi tO O • m O m wool m m m G m m C • m m ` • C rl C Y m r Y a u G 4G Y O U n Y•44470 U Y Y m m •' oo O O y N 4�1 N 00 Cr •4 L P + K U-4 C ,ac C ac cow C U W a -o Col - C 't N t: a 11 .•4 -a Y . O 4YY N 4 34 • W Na OH O'•4 -4 NIt -4 N � OW.3HmY a 0 14 MmO m On f ' O F N tl 4 3 3 of H -4 Y 4 ` F S Z U L •'-1 Y L r1✓ L m N L 0 N L O.Y O u Or Y H L N ✓04 ✓ HC H .-4C V O H OP L F. .00c O 61 44 4 0 0 N 4 0 0 I.3 H W t.4 0 H 9 H 4 t o m 4 U 0 O U 4 O U Y O Y O Y O O O O m • (, O .1 Z •• .ti Z .. ..1 Z .. O Z' .. O Z ...,Gj 4mi Z ...•i m Z u Y G H rl N •i✓ co .4Y co EN N $ N H N•0 Y N j, • �! f•1 •.y 4 H •N 4 H 'O U rl'4 • IN ..i N H V�{ a 3 S Y O S Y O Y 4 W' 4 U F. Y O 0 G N -A G N 'A G m 0 G m ti C ✓ N C 4 -N C N ji , n a•. L • 044 L • O Y V LOC .004 0 O 4 o L O 4 L • O Y 4. till h m p 4.4G0 N 4 H 4 a0 0 H m0 H 4 A H m U • m 0 0 0 ma. 4, t CC 000 CHU C.0 U C N O o C 440 • C ✓ co . Al U „ 3 L U H 3 00H9 H p 3 0 4 3U4 4 3 U NCO ] U N r S L 4 U• E O H Y 0 ✓ Y O Y O Y O Y 0 a 2 4 Y _ • yOm F•4m F.4m Fm Fm [.m F.m 4:1 40 82 5• W ' rid W r- r r r � r m l - •4 4• [-1 • \ F N \ \ -\ . F 4 43 da a a P 0 41 P 0 N U U O N • m :N 4 • - m Fop H i1 M _ Y, -1 ` W >< F Y• �'t .m W R.pm o U [q�•r • W .I. KN _ .1 a4 - • 41.1 W H H H H 11 ✓ u N 4 M N 9W W 5 S• Sy S S O _. 1-1 ri rK a z a • U 4 W 44 N N 4 4. • o y g _ x s x x s x z t. o 1 N 0 4 , H N .W {j pips Y S 9 40 r _ f • RW Eh N0 pa• E 4 al 14 0 ,1• j{y9' 4Y m IOC qq I. u•0 4p1 tGG a s ,t I. O 4H' 4 GC co Lou CC 4L 'pa� Y N H tl 0 - f YHi. CH uCy >.D. H ••ji ` ri Y0.Q�QII ,yA 46 40 S.I ..ryj pp' ZM •0, j 1. Ps 8NW 4-4 4 O� U�St 01: 0.1 pv O: T ':`e0 . Far • 0y V,3 N. >C• Y� .-N.'4 3 4 sr.a. 44"9 nw n i Yqrrl .C.1 . O kg~ M •N Y 4 N G •1.~.11 N L �. %• -- C' >K❑ G 014 mtc 2004 xL S ` _ 110 • .. • O .. 6 . C in •0469J4,1' N n • y � . 1 ?F .. . • • • E -` C?� • __ _ . . _ J•� — to MaR 1a a w A :991 R„ 931 •. 9. • l� r.me._952672--�'�y.. • .e�I;�;S SHORT fOP THIS SHORT FORM IC.ASE is dated as of the 1st day of c- January, 1990, between AZALEA FARMS, LIMITED, a Colorado limited partnership, where mailing address is c/o Edwin C. McDowell, Jr., 4962 Kellogg Circle, Boulder, Colorado 90701, • (Lessor), as Lessor, and FLATIRON SERVICE COMPANY, a Colo- rado general partnership. whose mailing address is P. O. Box 229, Boulder, Colorado 90706 (Lessee), as Lessee. V � 1. Lessor hereby demises and lets unto Lessee, and the Lessee hereby leases from Le"aOr, the real property located in the County of field and State of Colorado as more particularly described on Exhibit A attached hereto. 2. The term of this Lease shall be for a period of twenty (20) years commencing an January 1, 1990. •• 1. Gea7ee has no options to renew this Lease. 4. Lessor hereby gives general notice that the Lessor's interest an tho Leased Premises shall under no f circumstances Le subject to a lien of any kind for work or -- labia or services performed or materials, machinery, equip- ment, supplies or fixtures furnished to or for the benefit of improvement of the Leased Premises by persons not under express written contract with the Lessor. S. This instrument is a short form and memorandum of s certain Lease previously entered into between the parties ._. hereto, covering the Leased Premises. Reference is hereby made to said Lease for additional terms, covenants and con- ditions, including, but not by way of limitation, provisions dealing with the furnishing of utilities, janitorial ser- vice, taxes, insurance, maintenance, repairs, assignment and subletting, each and all of which additional terms, cove- nants and conditions are hereby incorporated by reference in this Short Form Lease as if fully rewritten herein. I i EI,1.0'70,0 - 1T- ^ ...__�-.......�...... . .. ajeb31 • 1852632 4 i -- IN WITNESS WRE:'EOF, the parties have executed, acknowl- f edged and delivered his Short Form Lease this /8«e day of I !Lerch, ).981, to be ef'1.ctive however as of the day and year 1 -- first above written. LP.SSOR: AZALEA FARMS, LIMITED, a Limited Partnership, Sy L• ine .i1'1, - ut 1 �- Partr ^r f and 19 //7r..totr `e (e., Partner LRSSEE: FLATIRON SERVICE CONPANT, r a General Partnership, {Ft r cC - F l,. it. C. 4 ..\ '.'{ t 1 ar ner l and-3l=Q. ...,. � -)k 1 `,.....yr,p C Parltner. • • 91.0700 • few''931 1852692 • • i _ STATE OF COLORADO) � )sY COUNTY OF BOULDER) Teho foregoing in..trument was acknowledged before me this -- /S-day`of A:Lo Y,. 1981, by tethein ltlefrotie//,✓n • and %.i;i, 5 /llf�/”4•// asSattncrs of Azalea rains, Limited, a Limited Partnership. ., y `o .. ti::n�ss my hand and official seal. Y.v.Ccmmission expires: /?Abl j't _ A.l.f!rL i Notary Pu61lnti- STATE OF COLORADO) _- )as. COUNTY OF BOULDER) The foregoing inst Surent was acknowledges before me ` this /).0 day of , 1981. by , as Partners of Flatiron Service Company, a Ccaotal Partner- aria'' ship. A«ve F/QfY>i 4e44 Witness my hand and official seals, -- - imi cepsission expires: ///?c%'/ • I v;- :L f el Notary Pub lc • 01 ern() • • 1852692 • WI. ". . • • ExiNB1T "A • - • - i • • • A tract of land In the West one-half of the Southwest one-quarter of Section 11, Township 2 :forth, Range 68 West of the 6th P.M., , t Weld County, Colorado, more particularly described as follows; jBeginning on the South line of the Southwest one-quarter of Section 11, , I whence the Southwest comer of said Section 11 bears North 89.40'30" — i West 50.00 feet; thence along the East right-of-way line of Highway • 1-25 Frontage Road North 00'29'39" fast 172,00 feet; thence North • 5.46'09' East 134,20 feet; thence leaving said right-of-way, South 88.57'36' East 341.13 feet; thence North 3.24'24" East 50,00 feet; ' -- • . thence South 08.57.36- East 86.50 feet; thence North 3.24'24" East 138.06 feet; thence South 88.57'36" East 242.40 feet; thence North • 5.46'09- East along a line parallel with and 660.00 feet East of (at right angle) the aforesaid East right-of-way Ii..e, a distance of • 2,149.33 feet; thence worth 0.29'39" East 6.87 feet to a point whence the North line of said Southwest one-quarter bears North 0.29'39" • . East 34,42 feet; thence South 89.33'44" East, parallel with said North line of the Southwest one-quarter a distance of 364.53 feet -- i to a point on the Tart line of the West one-half of said Southwest• , • one-quarter•, thence along sald East line South 0.21'14" West 2,630,82 feet to the South line of said Section 111 thence North 89.40.30" West • 1,260.48 feet to the point of beginning, containing 35.201 acres, - more or less. • i • • • i • . . • — ; • • • i • • • • _ t • • • 04 piton _ j .-_ . •. . BOOK 937RECEPTIOP.:.M" Ma t 4 1931 TIMEJ_QLZlta r a-cr....., Wela Coss,, CoImede t.W wily Awl FEVE 0.5TEIN, Clerk end ( 3-I RESOLUTION t, RE) APPROVAL or SUBDIVISION EXEMPTION NO. 134 - HORSES UNLIMITED • - WHEREAS, t%, Board of County Commissioners of Weld County, • Colorado, pursuant to Colorado statute and the Weld County Nome f Rule Charter, is vested with the authority of administering the • 1: affairs of Weld County, Colorado, and • WHEREAS, the Board of County Commissioners of Weld County, .n t .,--- Colorado has reviewed the request of Horses Unlimited for an i exemption from the definitions of 'subdivision• and 'subdivided ( land' in Sectior 30-28-101(10) , CRS 1973, as amended, and F Section 2-1 of the Weld County Subdivision Regulations, and I; I WHEREAS, the Board of County Commissioners finds that Horses Unlimited is the owner of a certain parcel of land located ! in part of the West Half of the Southwest Quarter of Section 11, !I _- Township 2 North, Range 68 West of the 6th P.M., Weld Count", Colorado. This request is for a property boundary adjustment I and the legal descriptions of the resulting tracts of land are f as follows) A tract of land in the Southwest Quarter of Sectio_. of then6ch,PTO M. inpWeld Countya,nC 2 North, Rge 68 t Colorado. described as follows) Beginning et the intersection of the north line of said Southwest Quarter and the easterly --- right-of-way line of U. S. Interstate Highway 25 from which the West Quarter corner of said Section 11 bears North 89'33'44' Nest, 279.50 feet, __ Thence South 09'33'44' East, 1024.45 feet along the north line of said Southwest Quarter to the Northeast corner of the West Half of said Southwest Quarter, Thence South 00'21'14' West, 34.42 feet along -- the east line of said West Half, Thence North 89'33'44' West, 364.53 feet, Thence South 00.29'39' West, 6.87 feet. Thence South 05.46'09' West. 2143.89 feet parallel to and 660.00 feet at right angles to the easterly right-of-way line of U. S. Inter- state Highway 25, Thence North 86'43'06' West, 660.62 feet to the said easterly right-of-way line Thence North 05'46'09' East a distance of 2142.20 feet along said easterly right-of-way line, Thence North 00'29'39' East, 10.20 feat along of said easterly right-of-way line to the point beginning containing 33.1464 acres more or less. I.. l"° ik • / / — • -- --.. --- -- - ---� -----' - - .-- ----____f 189090 --OOKuCErnoti f _lcg s-a A trace of land in the West Half of the Southwe .t Quarter of Section 11, Township 2 North, Range 68 West of the 6th P.H., lr[' Weld CouLey, Colorado, more particularly [described as follows! C Beginning on the South line of the South- f, west Quarter of Section 11, whence the c Southwest Quarter of said Section 11 bears 11y North 89'40'30' West, 50.00 feet! thence along the East right-of-way line of Highway [[L I-25 Frontage Road North 00.29'39' East, r. 172.00 feet; thence worth 5.46'09' East f 354.12 feet; thence leaving said right-of- !!' way, Sc :th 86.43'06' East, 660.62 feet; 1` thence North 05'46'09' East along a line parallel with and 660.00 feet East of fat �.• right angle) the aforesaid East right-of- (, way line, a distance of 2143.89 feet; thence North 0'29'39' East, 6.87 feet to a point ;, whence the North line of said Southwest Quarter bears North 0'29'39' East, 34.42 feet; thence South 89'33'44' East, parallel with said North line of the Southwest Ouar- ' ter, a distance of 364.53 feet to a point on the East line of the West Half of said Southwest Quarter; thence along said East �. line South 0.21'1.4• West, 7630.82 feet .to the South line of said Section 111 thence North 89'40'30' West, 1260.40 feet to the POINT OF BEGINNING. EXCEPT Parcel conveyed by Andrew Templeton t to The Boulder and Weld Reservoir Company, l a Colorado Corporation by Warranty Deed recorded October 29, 1904, in Book 218 at page lei, more particularly described as _ follows: A strip of land being 69 feet 1n width and 2100 feet long on the North side of the Southwest Quarter of Section 11, there being located upon the above described strip of < -- - land that certain irrigating canal called the 'Panama Canal.' WHEREAS, the Board of County Commissioners has considered the recommendations of the Department of Planning Services in this mutter and has reviewed the information submitted by tha applicant, and finds that said request should be approved, NOW, THEREFORE, BE IT RESOLVED by the Board of County Cot miasioner■ of Weld County, Colorado that the aforementioned tracts of land owned by Horses Unlimited be, and hereby are, declared to be exempt from the definition of 'subdivision' and t 'subdivided land' as n. t forth in Section 30-28-101(101 , CRS 197), I 1859090 _BO0R.33_. 0.ECEPf1011_ 3-3 - -- as emended, and in Section 2-1 of the Weld County Subdivision ) Regulations, and further finds that said tracts shall be considered ) to be single lots. �•_ The above and foregoing Resolution vas, on motion duly made and seconded, adopted by the following vote on the 20th day of F May, A.D., 1981. t,. _ BOARD OF COUNTY COMMISSIONERS ATTEST: 61 DDDD �///,1_-"-^4�" �r- , , C WELD COUNTY LORADO Weld County Clerk and RecorderX (Aye) and Clerk to the yoard gce-C'ea'h6scrir, C 1 aliman � / &Aga--(AYe) 1 ' --- / Deputy County' Clerk ( Norman Carlson, Pro-Tem P V£D AS TO FVR17t 2( j „:„/:42/.(.6. (Aye) O e--/!/ c. W. Kiiby / County. Attorney r (A e) I T. Mart n J4/ i ,.4'.. i. e) une K. a remark tt ' I ) F. IMPROVEMENT AGREEMENT _ A , IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDING COLLATERAL FOR IMPROVEMENTS THIS AGREEMENT, made and entered into this day o£ , by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County", and Flatiron Structures Comoanv/Azalea Farms limited hereinafter called "Applicant". WITNESSETH: _ WHEREAS, Applicant is the owner of or has a controlling interest in the following described property in the County of Weld, Colorado: Refer to Exhibit "C" attached hereto and incorporated by reference herein. -- WHEREAS, a final subdivision plat of said property, to be known as Flatiron Planned Unit Development has been submitted to the County for approval: and WHEREAS, Section 11-1 of the Weld County Subdivision Regulations provides that no final plat shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements shown on plans, plats and supporting documents of the subdivision, which improvements, along with a time schedule for completion, are listed in Exhibits "A" and "B" of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval of said final plat, the parties hereto promise, covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish, at its own expense, all engineering services in connection with the design and construction of the subdivision improvements listed on Exhibit "A" which is attached hereto and made a part hereof by this reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary - documents to the County. 1.3 Applicant shall furnish drawings and cost estimates for roads within the subdivision to the County for approval prior to the letting of any construction contract. Before acceptance of the roads within the subdivision by the County, Applicant shall furnish one set of reproducible "as-built" drawings and a final statement of construction cost to the County. 2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements herein agreed upon, Applicant shall acquire, at its own ��.rl fir) - M 1 ie . expense, good and sufficient rights-of-way and easements on all lands and facilities traversed by the proposed improvements. All such rights-of-way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Applicant Shall furnish and install, at its own expense, the subdivision improvements linted on Exhibit "A" which is attached hereto and made a part hereof by this reference, according to the construction schedule set out in Exhibit "B" also attached hereto and made a part hereof by this reference. 3.1 Said construction shall be in strict conformance to the plane and -- drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a subdivision is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat -- were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the subdivision is proposed, the "requirements and standards of the County shall be adhered to. If both the incorporated community and the County have requirements and standards, those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. _ 3.3 At all times during said construction, the County shall have the right to test and inspect or to require testing and inspection of material and work at Applicant's expense. Any material or work not conforming to the approved plans and specifications shell be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 The Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas, electric and telephone services. 3.5 Said subdivision improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B". The Board of County Commissioners, at -- its option, may grant an extension of the time of completion shown on Exhibit "B" upon application by the Applicant subject to the terms of Section 6 herein. 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage county may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses andAtioueO "thltes incurred by County in defending such suit, action or claimn5wk� the liability, loss or damage is caused by, or arises out of tnennegllgence oile _ or its officers, agents, employees or otherwise. —"41" . All contractors and other employees engaged in construction of the improvements shall maintain adequate workman's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Off-Site Improvements Reimbursement Procedure: The subdivider, applicant, or owner may be reimbursed for off-site road improvements as - provided in this section when it has been determined by the Board of County Commissioners that the road facilities providing access to the subdivision are not adequate in structural capacity, width, or functional classification to support the traffic requirements of the uses of the subdivision. 5.1 The subdivider, applicant, or owner shall enter into an off“site improvements agreement prior to recording the final plat when the subdivider, applicant, or owner expects to receive reimbursement 'for part of the coat of the off-site improvements. _ 5.2 The off-site improvements agreement shall contain the following: - The legal description of the property to be served. - The name of the owner(s) of the property to be served. - A description of the off-site improvements to be completed by the subdivider, applicant, or owner. • The total cost of the off-site improvements. - The total vehicular tripe to be generated at build-out by the subdivision, or resubdlvisfon, as specified by the ITE Trip Generation Manual, or by special study approved by the Board - - of County Commissioners. - A time period for completion of the off-site improvements. - The terms of reimbursement. -- - The current address of the person to be reimbursed during the term of the agreement. - Any off-site improvements agreement shall be made in -- conformance with the Weld County policy on collateral for improvements. 5.3 If the subdivider, applicant, or owner fails to comply with the improvements agreement, the opportunity to obtain reimbursement under this section is forfeited. 5.4 When it is determined by the Board of County Commissioners that vehicular traffic from a subdivision or resubdivision will use a road improvement constructed under an improvement agreement, the subsequent subdivider, applicant, or owner shall reimburse the original subdivider, applicant, or owner, for a portion of the original construction cost. In no event shall the original,,.� subdivider, applicant, or owner collect an amount which emcee e 3 the total costs of improvements lens the pro rata share of the total trip impacts generated by the original development. -- Evidence that the original subdivider, applicant, or owner has been reimbursed by the subsequent subdivider, applicant or owner shall be submitted to the Department of Planning Services prior to recording the final subdivision or resubdivision plat. 5.5 The amount of road improvement cost to be paid by the subsequent subdivider, applicant, or owner of a subdivision or resubdivision using the road improvements constructed under a prior improvement agreement will be based upon a pro rata share of the total trip impacts associated with the number and type of dwelling units and square footage and type of nonresidential developments intended to use the road improvement. The amount of road improvement cost shall also consider inflation as measured by the changes £n the Colorado Construction Cost Index used by the Colorado Division of Highways. The cost o£ road improvements may be paid by cash contribution to the prior subdivider, applicant or owner or by further road improvements which benefit the prior subdivider, applicant, or owner's property. This decision shall be at the _ sole discretion of the Board of County Commissioners based upon -the need for further off-site road improvements. 5.6 The report entitled TRIP .GENERATION (Third Edition, 1982) of the institute of Transportation Engineers shell normally be used ` for calculating a reasonable pro rata share of the road improvement construction costs for all subdivisions or re=_ubdivisfons. A special transportation study shall be used for land uses not listed in the ITE Trip Generation Manual. Any question about the number of tripe a subdivision or resubdivision will generate shall be decided by the County Engineer. 5.7 The term for which the subdivider, applicant, or owner is entitled to reimbursement under the off-site improvements agreement, entered into between the subdivider and the county, is ten years from the date of execution of a contract for road improvements. 5.8 This provision is not intended to create any cause of action "- against Weld County or its officers or employees by any subdivider, applicant, or owner for reimbursement, and in no way is Weld County to be considered a guarantor of the monies to be reimbursed by the subsequent subdividers, applicants, or owners. 6.0 Acceptance of Streets for Maintenance by the County: Upon compliance with the following procedures by the Applicant, streets within a subdivision may be accepted by the County as a part of the County road system and will be maintained and repaired by the County. 6.1 If desired by the County, portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit "B", but such use and operation shall not constitute an acceptance of said portions. 6.2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been _ started but not completed as shown on Exhibit "B", and may continue to issue building permits so long as the progress of work on the subdivision improvements in that phase of the development — is satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion- of the construction of streets within a subdivision and the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the County Engineer inspect its streets and recommend that the Board of County Commissioners accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair of streets, curbs and gutters, and related street improvements. Not sooner than nine months after acceptance for partial maintenance of streets, the County Engineer shall, upon request by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s) that any deficiencies have been corrected. If the - County Engineer finds that the streets are constructed according to County standards, he shall recommend acceptance of streets for , I full maintenance. Upon a receipt of a positive unqualified e, . recommendation from the County Engineer for acceptance of streets v within the development, the Board o£ County Commissioners shall _ accept said streets as public facilities and County property, and shall he responsible fox the full maintenance of said streets including repair. 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to 100% of the value of the improvements as shown in -- this Agreement. Prior to Final Plat approval, the applicant shall indicate which of the five types of collateral he prefers to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six (6) months of the Final Plat approval. If - acceptable collateral has not been submitted within six (6) months then the Final Plat approval and all preliminary approvals shall automatically expire. An applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed within one (1) year after the Final Plat approval (not one year after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty (30) days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of 100% of the value of the improvements remaining to be completed. If improvements are not completed and the agreement `9'�(14nD not renewed within these time frames, the County, at its I �") , 5 discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased development by means o£ designating filings of a Planned Unit Development Plan or Final Plat Subdivision. The applicant would need only to provide -- collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits "A" and "B". 8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The letter of credit shall state at least the following: -- The Letter of Credit shall be in an amount equivalent of 100% of the total value o£ the improvements as set forth in _ Section 6.0 and exhibits "A" and "B". — The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. - The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. - The issuer of the Letter of Credit shall guarantee that at all times the unreleased portion of the Letter of Credit shall be equal to a minimum of 100% of the estimated coats of completing the uncompleted portions of the required improvements, based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements i Agreement (i.e., streets, sewers, water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. — The Letter of Credit shall specify that 15% of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. — The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld County. of the final 15%, or one year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event, the Letter of Credit shall remain in full force and effect until after the 6 Board has received sixty (60) days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to , the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or other - property acceptable to the Board of County Commissioners provided that the following are submitted: — In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development by a disinterested M.A.I. member of the American Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current degree of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all coats of sale of the property. — In the event property other than the property to be developed has been accepted as collateral by Weld County, then an appraisal is required of the property by a M.A.I. member of the Institute of Real Estate Appraisers indicating that the _ value of the property encumbered in its current state of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. — A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. — A building permit hold shall be placed on the encumbered property. --- 8.3 Escrow Agreement that provides at least the following: — The cash in escrow is at least equal to 100% of the amount specified in the Improvements Agreement. - The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such -- funds without prior approval of the Board. - The escrow agent will be a Federal or State licensed bank or financial institution. - If the County of Weld County determines there is a default of the Improvements Agreement, the escrow agent, upon request by the County, shall release any remaining escrowed funds to the County. 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to 100% of the value of the improvements as specified in the Improvements Agreement. _ 8.5 A cash deposit made with the County equivalent to 100% of the value of the improvements. 9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County, the pip plover Y 7 y - 1 Applicant must present a Statement of Substantial Compliance from an Engineer registered in Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representative has made regular on—site inspections during the course of construction and the construction plans utilized are the same as those approved by field County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Highway Schedule for minimum materials sampling, testing and inspections found in CDOH Materials Manual. 9.3 "As built" plans shall be submitted at the time the letter requesting release of collateral l.s submitted. The Engineer shall certify that the project "as built" is in substantial compliance with the plans and specifications as approved or that any material deviations have received prior approval from the County Engineer. 9.4 The Statements of Substantial Compliance must be accompanied, if _ appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. _ 9.5 A letter must be submitted from the appropriate Fire Authority -indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in 8.0 thru 8.5 shall be noted on the final construction plans. - 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of acceptance of the streets for partial maintenance by the County, the appllcantfs) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.8 The request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of 10% of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. 9.9 The warranty collateral shall be released to the applicant upon final acceptance by the Board of County Commissioners for full maintenance under Section 5.3 herein. 10.0 Public Sites and Cpen Spaces: When the Board of County Commissioners, pursuant to a rezoning, subdivision or planned unit development, requires the dedication, development and/or reservation of areas or _ sites other than subdivision streets and utility easements of a character, extent and location suitable for public use for parks, greenbelts or schools, said actions shall be secured in accordance a.10,7°0 8 ( - with one of the collowing alternatives, or as specified the PUD plan, if any: 10.1 The required acreage as may be determined according to Section 8-15-B of the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate school district, for one of the above purposes. Any area so dedicated shall be approved by the County or school district, and shall be maintained by the County or school district. 10.2 The required acreage as determined according to Section 8-15-B of the Weld County Subdivision Regulations may be reserved through deed restrictions as open area, the maintenance of which shall be a specific obligation in the deed of each lot within the subdivision. 10.3 In lieu of land, the County may require a payment to the County in an amcunt equal to the market value at the time of final plat submission of the required acreage as determined according to Section 8-15-B. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. _ 11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the Applicant, and upon recording by the County, shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. BOARD OF COUNTY COTRfISSIONERS WELD COUNTY, COLORADO ATTEST: _ Weld County Clerk and Recorder and Clerk to the Board BY: Deputy County Clerk APPROVED AS TO FORM: County Attorney APPLICANT: BY: (title) Subscribed and sworn to before me this day of , 19—• - My commission expires: _ Notary Public _ 1 EXHIBIT "A" Name of Subdivision: Flatiron Planned Unit Nevelnnment Filing: 1 Location: N.E. of intersection of Weld County Road 22 and East I-25 Frontage Road Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this subdivision and as shown on the subdivision final plat dated , 19_, recorded on 19 , in Book , Page No. , Reception No. , the following improvements. (Leave spaces blank where they do not apply.) Estimated Improvements Unit Cost Construction Cost Street grading Street base Street paving Curbs, gutters, and culverts Sidewalk Storm sewe• . '�ac111ties Retention p, nds and grading $2.62/CY 61,500 Ditch improvements Subsurface drainage Sanitary severs Trunk and forced lines -- Mains Laterals (house connected) On-site sewage facilities On-site water supply and storage_ Water mains $28.000.00/LS 98.000 Fire hydrants $2.000.00/EA 4.000 Survey b street monuments b boxes Street lighting Street name signs Fencing requirements (screening) $10.00/LF 51,100 Landscaping-included with screening Park improvements 18.750 Pave Weld County Road 22 $18.750.00/LS SUB-TOTAL 163.350 Engineering and Supervision Costs 16.650 (testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 180.000 The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit "B". Signs ure pplicant (If corporation, to be signed by President and attested to by Secretary, together with torpor to seal.) — Date: • 19 • Asst se / any:Yr() • / - EXHIBIT "B" Name of Subdivision: Flatiron Planned Unit Development —. Filing: 1 Location: N.E. of intersection of Weld County Road 22 and Fast I-25 Frontage Road Intending to be legally bound, the undersigned Applicant hereby agrees to construct the improvements shown on the final subdivision plat of Flatiron Structures Company/Azalea Farms Subdivision, dated . 19_, Recorded on , 19_ in Book , Page No. , Reception No. , the following schedule. All improvements shall be completed within * years from the date of approval of the final plat. *Conditional?7upon increased operations and need for Construction of the impiovemgd:vflATinfA'Exhibit "A" shall be completed es follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion _ Street grading Street base Street paving Curba, gutters, and culverts Sidewalk _ Storm sewer facilities Retention ponds Auauct 1 . 199? * Ditch improvements Subsurface drainage - Sanitary sewers Trunk and forced lines Mains Laterals (house connected) _ On-site sewage facilities On-site water supply and storage water mains .Cependent on need for additional tape for Fire hydrants lexistina facilities as well as future development Survey 6 street monuments 6 boxes Street lighting Street name signs Fencing requirements (screening) west side 08-01-92: remainder OA-01-91 Landscaping (included with screening) Park improvements Pave Weld County Road 22 Refer to imorovempots aarppmpnt SUB-TOTAL The County, at its option. and upon the request by the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant tha `hed le cannot be met. Signature o- cant - (If corporation, to be signed by President and attested to by Secretary, together v o p to seal.) — y Date: , 19 l 01 er,P0 EXHIBIT "C" LEGAL DESCRIPTION A tract of land in the West 1/2 of the SW 1/4 of Section 11, Township 2 North, _ Range 68 West of the 6th P.M. , Weld County, Colorado described as part of the tract described in the Warranty Deed to AZALEA FARMS, LIMITED, a Colorado limited partnership, recorded in Book 931 at Reception No. 1852633, recorded March 31, 1989, and Parcel 1 and Parcel 2 described in the Warranty Deed to FLATIRON STRUCTURES COMPANY, recorded in Book 1208 as Reception No. 02154643, recorded September 8, 1988, more particularly described as follows: _ Commencing at the Southwest corner of said Section 11 marked by a #5 rebar, from which the West 1/4 corner of said Section 11 bears NOO°29/39"E 2667.82 feet; Thence S89°40'01"E 50.00 feet along the South line of said Section 11 to the Easterly right-of-way of the I-25 Frontage Road and the Southwest corner of said tract described in Book 931 at Reception No. 1852633 and the POINT OF BEGINNING; Thence NOO°29'39"E 172.01 feet along said East right-of-way and parallel with the West line of said Section 11 to a #5 rebar with Cap L.S. 13482; Thence N05°45'33"E 354.17 feet along said East right-of-way of I-25 Frontage Road to the Northwest corner of said Parcel 1, Book 1208, Reception No. 02154643 marked by a #5 rebar with a 2" diameter metal cap L.S. 13482; Thence S86°43'50"E 660.40 feet along the North line of said Parcel 1 to a line that is parallel with and 660.00 feet East of (at a right angle) from said East right-of-way of I-25 Frontage Road and marked by a #4 rebar; Thence N05°46'22"E 2143.75 feet along said parallel line to a corner described in said Tract described in Book 931 at Reception No. 1852633 marked by a 1 1/2" diameter metal cap on a steel pin L.S. 10385; Thence N00°11'00"E 7.01 feet to the Northwest corner of said Tract described in Book 931 at Reception No. 1852633 marked by a 1 1/2" diameter cap on a steel pin - L.S. 10385; Thence S89°31'31"E 343.29 feet along the North line of said Tract described in Book 931 at Reception No. 1852633 and parallel with the North line of said West 1/2 of the Southwest 1/4 of Section 11 to a point in an existing fence line marked by a #5 rebar with yellow plastic cap L.S. 13482; Thence SOO°04'08"W 2631.05 feet along said fence line and its south extension to the South line of said West 1/2 Southwest 1/4 of Section 11 marked by a #5 rebar with yellow plastic cap L.S. 13482; Thence N89°40'01"W 1252.13 feet along the South line of said West 1/2 of the Southwest 1/4 to the POINT OF BEGINNING; Subject to easements and rights-of-way of record and as existing on the ground. Contains 36.326 acres, more or less. e7.e7P0 G. OFF SITE ROAD IMPROVEMENTS AGREEMENT S1.0710 COUNTY OF WELD, STATE OF COLORADO ` ROAD IMPROVEMENTS AND MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of , 1990, by and between the COUNTY OF WELD, SiArE OF COLORADO, hereinafter called "County" and FLATIRON STRUCTURES COMPANY/AZALEA FARMS, hereinafter called "FSCO." WHEREAS, FSCO has applied to the County for a PUD Plan, Case No. ????, for contractor offices, shops, and storage area located in the W 1/2 of the SW 1/4 of Section 11, T2N, R68W of the 6th P.M. , Weld County, Colorado, and WHEREAS, the development may eventually increase traffic on Weld County Road 22 (WCR 22) , and WHEREAS, the County Commissioners have requested the paving of a portion of WCR 22, NOW, THEREFORE, in consideration of the mutual covenants and — conditions hereinafter set forth, the County and FSCO agree as follows: A. To execute an agreement pursuant to the Weld County — Policy Regarding Collateral for Improvements prior to the initiation of any development activities in the ' FSCO PUD which specifically increase traffic on WCR 22; _ such agreement to include provisions as follows: 1. Access onto WCR 22 from the property shall be limited to a maximum of three, one at the east property line, one at the existing entrance to the Service Facility which shall remain in its current configuration without modification, and one optional access midway between the two abovementioned entrances. 2. FSCO agrees to pay 35%, to a maximum of 517,850.00, of the total improvement cost of paving WCR 22 to FSCO'S east property line, estimated by the county to be 551,000. FSCO'S { share of the improvements is based upon actual _ traffic counts obtained from the County, and an additional 20 vehicles per day attributed to the proposed accesses onto WCR 22. i I _ awl rip.) I - i I, 3. WCR 22 shall be improved from FSCO'S east property line westerly to the existing pavement at the intersection of WCR 22 and the 1-25 frontage road. The roadway typical section shall be 36 feet wide and consist of a 3 inch Hot Bituminous Pavement on a 10 inch Class 6 Aggregate Base Course. 4. FSCO, through the paving contractor yet to be named, will warranty and maintain the improved portion of WCR 22 for a period of one year, after such time the County shall be responsible for — maintenance. 5. All construction materials shall be in accordance with the State Department of Highways, Division of Highways, State of Colorado, Standard Specifications for Road and Bridge Construction, latest edition. 6. The County shall pay for all engineering services associated with design of the roadway. 7. The County will provide testing and inspection for the construction. 8. FSCO will make no improvements nor participatory — payments until new accesses are constructed onto WCR 22. All other improvements within the FSCO PUD which do not affect traffic on WCR 22 will be permitted to proceed without inducing this agreement. B. FSCO agrees to participate in a Local Improvement District pursuant to CRS 530-20-601 et seq. in the event one is established to fund the improvements to WCR 22 provided that the project assessment is equal to or less than the estimated cost of improvements listed in Paragraph A of this agreement. In the event a Local Improvement District is established, FSCO shall not be required to enter into the agreement set forth in Paragraph A. C. Parties agree that this agreement shall constitute a covenant running with the land. • a11 07,27 IN WITNESS WHEREOF, the. parties hereto have duly executed the agreement the day and year first-above written. FLATIRON STRUCTURES FARMS COMPANY/ BOARD OF COUNTY COMMISSIONERS AZALEA By. By: Title: Title: l By: Title: ATTEST: Weld County Clerk and Recorder (_ and Clerk to the Board l . By: l l I H. COVENANTS FLATIRON STRUCTURES/AZALEA FARMS PUD COVENANTS THIS DECLARATION made this day of , 19 _, by FLATIRON STRUCTURES COMPANY and AZALEA FARMS, hereinafter called the "Declarant." WITNESSETH: - WHEREAS, the Declarant is the present equity owner of property situated in the County of Weld, State of Colorado, more particularly described as follows, hereinafter called the "Premises:" Flatiron Structures/Azalea Farms PUD -- Part of the W 1/2 of the SW 1/4, of Section 11-2-68 according to the recorded plat thereof; and WHEREAS, Declarant is desirous of subjecting said Premises to the conditions, covenants, restrictions and reservations hereinafter set forth to insure proper use and appropriate improvements of said Premises as follows: 1 . Wherever herein used, the term "building site shall mean any plot of land lying within any Lot in the Premises, the size and dimensions of which shall be established by the legal description in the original conveyance from Declarant to the first fee owner of said plot of land, other than Declarant. A building site may also be established by Declarant by an instrument in Writing, executed, _ acknowledged and recorded by the Declarant and filed with Weld County, which designates a plot of land as a building site for purposes of these Covenants. If two or more building sites, as defined hereinabove, are acquired by the same owner in fee, its commonly owned building sites may, at the option of said owner, be combined and treated as a single building site for purposes of the Covenants contained herein. 2. No noxious or offensive trades, services or activities shall be conducted on any building site nor shall anything be done thereof which may be or become an annoyance or nuisance to the owner, tenant or occupant of other building sites within the Premises area by reason of the excessive emission of fumes, odors, glare, gases, radiation, dust, liquid waste or smoke. 3. No new building, with the exception of the existing Service and Fabrication Shop and office building, shall at any time be erected on any building site within twenty-five feet of any street easements adjoining the same, or any perimeter property line of the Premises. _, 1 4. Any owner, tenant or occupant of any building site shall provide on the Premises off-street automobile parking facilities for each employee employed on the Premises by the original occupants thereof and appropriate visitor parking. All off-street parking and access drives and all loading areas shall be properly graded to assure proper drainage. Parking lot lighting, poles, and fixtures shall not exceed thirty-five (35) feet in height. Sources of light shall be shielded so that light rays will not shine onto adjacent lots. 5. Screening of outdoor storage and landscaping of lots must meet minimum requirements of the PUD plan recorded with Weld County. 6. No building site nor any part thereof shall at any time be used for any of the following purposes: dump, riding academy, public incinerator, rodeo,junk yard, trampoline center or sewage disposal plants. Permitted uses shall be those as defined in the PUD plan recorded and accepted by Weld County. 7. Landscaped areas shall be done attractively with gravel, bark, mulch, lawn, trees, shrubs or similar treatment and shall be properly maintained in a sightly and well-kept condition. All landscaping required hereunder or otherwise to be provided on any building site shall be completed within sixty (60) days after the completion of construction of improvements constructed on any building site; _ provided, however, if weather conditions do not at such time permit, then such landscaping shall be completed as soon thereafter as weather conditions permit. 8. Water towers, water tanks, standpipes, tanks, cooling towers or similar structures may exceed a height allowed by the Uniform Building Code from the established building grade, only with the prior written approval of the Declarant. 9. Each owner, tenant, or occupant of any building site shall keep said building — site and buildings, improvements, landscaped areas and appurtenances thereon in a safe, maintained condition and shall comply in all respects with all governmental statues, ordinances, regulations, health and police and fire - requirements. Each such owner, tenant or occupant shall remove, at its own expense, any rubbish or trash of any character which may accumulate on its building site, and shall keep un-landscaped areas maintained and free from weeds and other unsightly plant growth, rubbish and debris. Rubbish, trash, garbage and other waste shall be kept only in sanitary containers. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. Rubbish and trash shall not be disposed of on the Premises by burning in open fires. 10. No fence, wall, hedge or shrub, plant or tree which obstructs site lines at elevations between three and six feet above the roadway shall be placed or 2 permitted to remain on any corner of any building site within the triangular area formed by street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street lines. 11 . Each of the foregoing covenants, conditions and restrictions shall run with the land, and a breach of any one of them and continuance thereof, may at the option of the Declarant, its successors or assigns, be enjoined, abated or remedied by appropriate proceedings, in addition to any other remedy at law or in equity. It is understood, however, that the breach of any of the foregoing covenants, conditions and restrictions shall not defeat or render invalid the lien of any mortgage or deed of trust on the Premises made in good faith and for value; provided however, (i) that any breach or continuance thereof many be enjoined, abated or remedied by the proper proceedings as aforesaid; and (ii) that each and all of the foregoing covenants, conditions and restrictions shall at all times remain in full force and effect against said premises or any part thereof, not withstanding any foreclosure of any such mortgage or deed of trust. No assent, expressed or implied, to any breach of any one or more of the within covenants or agreements hereof shall be deemed to be taken to be waiver of any succeeding or other breach. 12. If any provisions of these covenants are held invalid as a matter of law, such invalidity shall not affect the other provisions of these covenants, all of which shall remain in full force and effect as herein set forth. 13. These protective covenants and amendments thereto shall remain in full force and effect until April 1, 2009, provided, however, by written recorded instrument, the Declarant may amend these protective covenants. IN WITNESS WHEREOF, the Declarant has caused these covenants to be executed the day and year first above written. FLATIRON STRUCTURES COMPANY AZALEA FARMS A Colorado Corporation A Colorado Limited Partnership By: By: Title: Title: 3 4241.07 t ) I. METHOD OF FINANCING (311 n yn l - a • FLATIRON - STRUCTURES COMPANY April 15, 1991 Weld County Department of Planning Services 915 10th Street Greeley , CO S0631 re: Method of Financing - Improvements related to Flatiron Structures/Azalea Farms Planned Unit Development (PUD) Dear Sirs: One of the requirements of the application for the PUD referred to above is a description of the proposed method of financing the requested improvements contained in the approved PUD. These improvements would be financed in any combination of the following two ways: ( 1 ) Flatiron Structures Company anticipates having adequate cash reserves to internally finance these improvements with little impact on the company ' s current operations. (2) Flatiron Structures Company ' s office complex is currently unencumbered with any debt associated with - the property . An option to finance these improvements with a deed of trust on the real estate would also be considered . Please call me directly if you have any questions on these financing options. Yours Very T ly , 1 aul \. Driscoll Vice President & Treasurer 10090 1-25 FRONTAGE ROAD.LONGMONT,CO 80506 �'9 �At"31� �f - P.O.BOX 2239,LONGMONT,CO 80502-7239 C l TEL:303 444-1760 FAX:303 4441810 J. IRRIGATION DITCH AGREEMENT .I/A. F L A T I R O N STRUCTURES COMPANY Aori1 9. 1991 Mr. Stanley Olson 4306 Weld County Road 22 Longmont, CO 80501 Re: Crossing of Irrigation Lateral Dear Stan : As you know, we are in the process of rezoning our property , and as part of that process we must plan for future access to the property . Pursuant to Weld County requirements, we must notify all irrigation ditch owners of any plans which affect them. Our long range plan includes construction of a secondary access road along our east property line, with an entrance onto WCR 22, crossing your ditch lateral . (Please refer to the enclosed sketch which shows the approximate location of the proposed access road . ) Upon construction of this road , a culvert pipe will be installed to maintain the flow in your ditch. The timing of this construction is not yet known , but it is dependent upon our acquisition of future projects requiring increased utilization of the northern and eastern portions of the property . You _ will be asked to review and approve final plans for the access road and ditch crossing prior to beginning any work . _ Please review this proposal and sign in the space provided , to acknowledge your understanding of our plans and to indicate a preliminary approval of the concept. After signing , please drop it by our office at 10090 I-25 Frontage Road in Longmont by April 17 , 1991. 10090 I-25 FRONTAGE ROAD,LONGMONT,CO 80506 `-'Q�.1•0"71"�' y P.O.BOX 2239,LONGMONT,CO 80502-2239 TEL 303 444.1780 FAX:303 444-1810 Mr. Stanley Olson _ April 9, 1991 Page Two Thank you for your cooperation Stan , it is a pleasure to work with you. If you have any questions, please call me at 208-962-3009. Sincerely , _ FL/ATIRON STRUCTURES COMPANY asto—A Allan R. Brown , P.E. Enclosure: Plat Map showing proposed access road ACKNOWLEDGEMENT: I . Stanley Olson , acknowledge Flatiron Structures Company ' s and Azalea Farms' plans to construct a future access road over my irrigation ditch lateral , an hereby give my preliminary approval of that co c pt. � 9/ anley 0 on Date • K. SOILS AND GEOLOGY REPORT Si 07 AZALEA FARMS PLANNED UNIT DEVELOPMENT CHANGE OF ZONE APPLICATION SOILS AND GEOLOGY REPORT Soils Information The soils at the site were identified by the Soils Conservation Service (Soil Survey of Weld County, Colorado (Southern Part) - 1980) as the Olney-Kim-Otero and Aquolls-Aquents-Bankard mapped soils units. These soil units, in general, consist of level to nearly level deposits of well drained to excessively drained sandy loams, loams and loamy soils formed in alluvial and eolian deposits. Scott, Cox and Associates performed 6 test borings at the site on April 24, 1990. The location map, graphic boring logs and the results of our lab testing are attached to this report. These borings revealed, in general, a surficial sandy and silty clay layer 8 to 14 ifeet thick underlain by silty sand containing lenses and thin layers -- of sand and gravel. Tan to grey claystone bedrock was found below these materials at depths ranging from 26.5 to 39 feet. We collected samples of the soils encountered during our investigation and performed additional lab testing. This testing revealed that the clayey soils at and near the surface (at typical foundation levels) have a low swell potential. Additionally, these soils have only a moderate bearing capacity. It is anticipated that most types of structures constructed on this site could utilize spread footings. It may be necessary to utilize oversized footings `— (due to the relatively low bearing capacity) and some overexcavation and refilling may be required if extremely soft materials are encountered. Large, heavy structures with concentrated column loadings may require drilled piers or piling for support. The soils encountered below the groundwater table were saturated and very weak. Construction of a foundation system on these soils would require special precautions (such as the use of drilled piers or piling). Mineral Deposits I We have performed test borings (detailed above) in an attempt to determine if any viable commercial deposits of sand and gravel resources underlie this site. Only scattered lenses and thin layers of sand and gravel were encountered. Therefore, it is our opinion that the quality and quantity of gravel encountered during our investigation is such that no commercial development is possible. As previously discussed, the site is near the edge of the Boulder/Weld County coal field. However, our research has indicated ( that the probability of commercially viable coal deposits beneath this site is very low. There is an existing natural gas well on this property. There is the possibility that some additional development of oil resources could I be done on this site. However, any such development should have I_ minimal impact on the proposed land use. I Our research has not revealed any other potential commercial mineral deposits. Sincerely, SCOTT, COX AND ASSOCIATES, INC. -- M. Edward GI ow, PE Professional eologist i In summary, the construction of any anticipated type of structure is _ not precluded due to any anticipated soils conditions. However, some remedial measures may be necessary to assure the long-term I stability of any structure. I Groundwater Groundwater was noted in all of the borings at this site, at depths ranging from 6 to 12.5 feet. Our investigation was performed prior to the anticipated seasonal high groundwater level and some rise in the groundwater, from the levels encountered, should be expected. The level of the groundwater noted at each boring location is shown on the graphic boring logs. Geology Bedrock members in the subject area are units within the upper -- Cretaceous period (Pierre Shale and Laramie Formation). The bedrock units are mantled by complex deposits of mostly Pleistocene and Recent alluvial and eolian materials. The bedrock in the general area has been heavily faulted. However, this faulting is related to the Larimide age mountain building and have not been recently active. The Boulder/Weld County coal fields are located just south of this site. However, available mapping shows that there is little, if any, coal under this site. In addition, the mapping shows that there was no mining of any coal deposits under this site and that there is no danger of surface subsidence due to collapse of old mine works. In summary, no geologic hazards are anticipated and construction of structures on this site are not precluded due to any anticipated geologic hazard. tr e7O°) ti -; • J 4 Z yr 1/4 . r �i � 73 u ' -- c ..' N 'tie,' Y Y I. X V ' O � u c 0 c" c3 N y� . N 1 _eitite . �- • < 6 F J Q . 0 ? a 1 .h a 5 2 •v- c_) ix re •g. � y � W Nw O o � . _ � a to w ~ • E J . • •� �• . — . ! : . I- " 1 . , • 5j4 �loo0 Graphic Boring Logs TH #1 TH #2 TH #3 TH #4 - 0 't •.•� s 5 `= I 12/12 x 18/12 > V I cu " 4/24 � 4/24 3 N 'C 10 15/12 9/12 a a « «. 7 4/24 4/24 C _ r 15 5/12 R' �� 7/12 m s .. Aa` l W D 20 j 25 �" {{ 30 777 I P I 4 ,. . _ %,/'rr. 50/7.5 35 , ;« I A I— 40 r i- Figure 2 Z. 45 Page 1 -- Cs f `'"-,) r ) . .. Graphic Boring Logs TH #5 TH #6 0 y R is .: , • 5 NM • Y LQ `. W — V .as it c _ u) 10 s - O a2a L I 3 O 15 �. 1-1" 8/12 00 , A:1:,:" }. r: w� W S 20 Lr 5 ::: f)d,. w I8::Yi .,4... 25 _ ;: 30 I A 35 /ZCIT 50/9.5 I 40 i Figure 2 45 Page 2 C^1 e)'7:),2:1 Description of Soil Types Sand and gravel - Looks like imported fill for paving purposes Brown to tan sandy and silty clay _ Contains minor sandy and gravelly lenses and thin layers Silty sand - Medium to coarse - Clayey in some areas Some sand and gravel lenses and thin layers — A Weathered bedrock- Tan to grey mottled claystone AWeathered bedrock - Tan to grey mottled claystone , TH #1 Soils investigation boring number Ii Indicates a change in soil type - May be gradual. I 12/12 indicates that 12 blows of a 140-pound hammer falling 30 inches were required to drive a 2-inch, inside diameter sampler 12 inches. 4/24 Indicates the groundwater table and the date that the measurement was taken . J — Notes 1. Borings were performed April 24, 1990, with four-inch diameter, continuous flight power augers. 2. Boring logs shown in this report are subject to the limitations, explanations and conclusions of the report. L PROPERTY OWNERS WITHIN 500 FEET 01.07P1 Planned Unit Development Plan AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE -- Application No. Subject Property Flatiron PUD - - 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 re girds 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. C( .417tectiel'U'L- • The foregoing instrument was subscribed and sworn to before me this I7 Ariais , 19 6h . WITNESS myi hand and official seal. �/ My Commission expires: CCT-/wc- /9 aryAlto_ • / C Y • tii1L-vL�"� No Public . S Planned Unit Decelopcenc Plan NAPES OF OWNERS OF PROPERTY WITHIN 500 FEET — Please print or type _ NA_:E ADDRESS, TotrzliCIS`:', ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # - Harold Reese Jr. & Ronald Lane 855 Sunrise Highway 1313-10-0-00-041 & Christene Reese. McCulloch Lynbrook, NY 11563 Stanley Olson 4306 WCR 22 1313-11-0-00-003 Longmont, CO 80501 Trust U/W Carl R. Oswald 14707 N. 95 Street 1313-11-0-00-057 c/o Carol Oswald Longmont, CO 80501 Fifthcoff Company 436 Coffman Street 1313-11-0-00-064 Longmont, CO 80501 Grant Brothers P. O. Box 948 1313-11-0-00-065 Longmont, CO 80502 • Stan Barrett, Inc. 811 Main 1313-11-0-00-066 Longmont, CO 80501 The Rawlins National Bank P. 0. Box 100 1313-11-0-00-067 Rawlins, WY 82301 • Del Camino Center %First Bank So Longmont 1313-14-0-00-000 P. O. Box 1499 Longmont, CO 80502 ., 1 • • Planned Unit Derelopcent Plan NAPLES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # Frank S. Bigelow 990 Hwy. 119 1313-14-0-00-001 • Longmont, CO 80501 Stanley Olson 4306 WCR 22 1313-14-0-00-004 Longmont, CO 80501 Harold Reese Jr. & Ronald Lane 855 Sunrise Highway 1313-15-0-00-094 & Christene Reese McCulloch Lynbrook, NY 11563 Boulder & Weld County . 8120 Weld County Rd. 1 No Assessor parcel Reservoir Co. Longmont, CO 80501 number available . — • • • CA 7 4)7 O M. MINERAL OWNERS - ,94.0",v0.1) Planned Unit Development Plan AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property Flatiron PUD STATE OF COLORADO ) — ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lesses of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. . 0.147/ Ec�cvL�'t� The foregoing instrument was subscribed and sworn to before me this /7 day of , , 19 ?/. ~ WITNESS my hand and official seal. My Commission expires: Othet¢-t__ /qt/ �/Gt�ti ±1#_ N L��,-� Notar Public. C LESSEES: MINERAL OWNERS: Weld Development Company William & Mildred Flynn c/o G. R. Shiarella 4917 WCR 22 10 Eastend Avenue, Suite 1-K Longmont, CO 80501 New York, NY 10021 — Rinn Valley Grange North American Resources Company c/o Mrs. John B. Flor Attn: Kevin Edwards 450 Johnson 16 E. Granite P. O. Box 185 Butte, MT 59701 Frederick, CO 80530 North American Resources Company Horses Unlimited Attn: William G. Crews c/o G. R. Salisbury 1223 28th Avenue, Suite 2 Route 1 - Greeley, CO 80631 Slater, CO 81653 Wilbur R. & Shirley A. Hurt 14278 WCR 7 Longmont, CO 80501 Neeta Johnson Route 4 Loma Linda, CA 92354 Stanley & Lucille M. Olson 4306 WCR 22 Longmont, CO 80501 Vernon K. & Katie L. Powell 2250 Tallman Longmont, CO 80501 Azalea Farms P. O. Box 229 Boulder, CO 80306 Ricky Ray & Connie S. McMillen 4969 WCR 22 Longmont, CO 80501 5:71.4-1r) Hello