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Home My WebLink About910150.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR AN AGRICULTURAL SERVICE ESTABLISHMENT (AN AGRICULTURAL SERVICE AND SUPPLY BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT - DENNIS SEEWALD WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 6th day of March, 1991, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Dennis Seewald, for a Site Specific Development Plan and Special Review Permit for an agricultural service establishment (an agricultural service and supply business) in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the E/2 SW/4, Section 36, Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Mitch Anderson of Agland, Inc. , in Eaton, Colorado, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24. 7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Goals and Policies. The proposal is located within the urban growth boundary of the Town of Mead. Representatives of the Town of Mead reviewed the proposal and found no conflicts with its interests. PL0833 910150 K.- Page 2 RE: USR - SEEWALD b. The agricultural service business is consistent with the intent of the A (Agricultural) Zone District. The business is proposed to be located on an 8-acre parcel between the Great Western Railroad line and spur. The Use by Special Review area is located on an abandoned beet dump site which is non-prime agricultural land. The business should not interfere with agricultural activities in the area. c. The proposed Use is compatible with the existing surrounding land uses. Existing surrounding land uses include agricultural production, the Great Western Railroad line, Weld County Road 38, three single family homes, and a mobile home used for farm labor. d. No overlay districts affect the site. e. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Use by Special Review Permit for an agricultural service establishment (an agricultural service and supply business) in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording, the Special Review plat shall be amended to show the liquid fertilizer plant located a minimum of 20 feet from the end of Weld County Road 38 right-of-way. 910150 Page 3 RE: USR - SEEWALD 4. Obtaining an air emission permit from the Colorado Department of Health, if applicable. 5. Prior to releasing any building or electrical permits, the applicant shall demonstrate the facility is in compliance with the requirements of the Longmont Fire Protection District. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of March, A.D. , 1991. BOARD OF COUNTY COMMISSIONERS ATTEST: LLIAZZA77 WELD COU T COLORADO Weld County Clerktothe Board G r . L ca y Chairman �.�C h � ca-ti BY: George Kennedy, Pro-Tem Deputy Clerk to the Board 1APPROVED AS TO FORM: Constance .`Harbe f v�� r EXCUSED C. W. Kirby Countytt Aorney asatti W. H. Webster Webster 910150 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS DENNIS SEEWALD 1. The Site Specific Development Plan and Special Review Permit is for an agricultural service establishment (an agricultural service and supply business) in the A (Agricultural) Zone District is submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. The facility shall be maintained in compliance with the Reauthorization Act (SARA) Title III as it pertains to chemical storage and reporting. 4. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and ground water contamination. 5. No permanent disposal of waste shall be permitted at this site. 6. A spillage retention berm shall be required around the liquid fertilizer and petroleum and fuel plant tank batteries. The volume retained by the spillage berm shall be greater than the volume of the largest tank inside the berm. 7. An air emission permit shall be maintained in compliance with the Colorado Department of Health, Air Pollution Control Division, if applicable. 8. All materials shall be handled and stored in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 9. Fugitive dust shall be controlled on this site. 10. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to Section 25-12-102, C.R.S. 11. The agricultural service and supply business shall maintain a bathroom with adequate toilet facilities served by an individual sewage disposal system. The system shall be installed according to Weld County Individual Sewage Disposal Regulations. 12. The facility shall be maintained in compliance with the requirements of the Longmont Fire Protection District. 910150 Page 2 RE: DEVELOPMENT STANDARDS - SEEWALD 13. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 14. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 15. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 16. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure that activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 17. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 18. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 910150 HEARING CERTIFICATION DOCKET N0. 91-14 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN AGRICULTURAL SERVICE ESTABLISHMENT (AN AGRICULTURAL SERVICE AND SUPPLY BUSINESS) IN THE A (AGRICULTURAL) ZONE DISTRICT - DENNIS SEEWALD A public hearing was conducted on March 6, 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 - Excused Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison The following business was transacted: I hereby certify that pursuant to a notice dated February 11, 1991, and duly published February 21, 1991, in The New News, a public hearing was conducted to consider the request of Dennis Seewald for an agricultural service establishment (an agricultural service and supply business) in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Rod Allison, Current Planner, represented the Department of Planning Services. He asked the recommendation of the staff and the Resolution of the Planning Commission be entered into the record as written. Mitch Anderson, of Agland, Inc. , in Eaton, Colorado, represented the applicant, and stated they were agreeable to this. Commissioner Webster moved to approve the request of Dennis Seewald for a Site Specific Development Plan and Special Review Permit for an agricultural service establishment (an agricultural service and supply business) in the A (Agricultural) Zone District, based on the recommendation of the staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. The motion was seconded by Commissioner Kennedy, and carried unanimously. This Certification was approved on the llth day of March, 1991. (/�� / /� //�� / APPROVED: ATTEST: a / �/ // a BOARD OF COUNTY COMMISSIONERS ��/��yyy WELD COUNTY, OLORADO Weld County Clerk to the Board By: ��. � ,2 Go . La , 4rman Deputy Clerk to the Bead �•-� "" `"" Geor Kennedy, Pro-Tem TAPE If91-04 nstance L. Harbert DOCKET #91-14 EXCUSED C. W. Kirby PL0833 W. eb to 910150 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS WI' DAY OF fyl{ IAA, , 199.: DOCKET # 91-i3 L 6E -- &Li¢o, DOCKET # q/_ lq uwe - C5LuA)ald, 01 ^ DOCKET # AYE 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 firma Lte,A5-‘5-- -S0yjk�.e71{-9y )17547 %/V--3e7_5;e47:-1s 6-1.,, _ \Ni mac, -4-2 °v (.)Cd2- 3-V 3_a oAt f l- t t-{- ) ; 1/- i y /71Z _/ ercesa /i '-/g2 k C e_ / c.,-)e-intta.enec_. 9/—/y , e 4, 46,-,0•47.- ia-1/t _16 :1;1'47 c:47_ 77./7 .4.1 tan STATE OF COLORADO ) )s.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 and has been continously and uninterruptedly published therein, during a period of at least fifty-two consecutive weeks prior to the first publication of the annexed notice; that said newspaper is a PUBLIC NOTICE newspaper within the meaning of the yhe Bow of County act of the General Assembly of the Colorado, on o[March county, i Colorado, on moved ge [Site State of Colorado,, entitled ' An Act m Development clan rhea to regulate 1 ate the q g �sl Benuw rand[ fa ithe g printing n t i n o f legal a 1 Wocerty and pnrraao described notices and advertisements, " and b 'eC� u°:in '�r amendments thereto; that the notice " In"� t.Y�. a,fora of which the annexed is a printed da 18442 Weld County sad a. msd Weld county Boma 13, copy taken from said newspaper, was a a :P of published in said newspaper, and in �« nSection 96 g� the regular and entire issue of �o �pis. Rw°eIde c°"nty every number thereof , ray ed°erro BrrExsrrr oe APPROVED USE: An agricultural I servicagricule establishment the eztblishment (an once a week for Wain A (Ag ntricalaua successive weeks; that said notice of PARCEL: can scree, leas was so published in said newspaper ralluromore rotoaebyu�etermamd proper and not in an supplement conaWaua a aFr Wm result Y io a forfeiture d the v estud thereof , and that the first fir' ` oa:al publication of said notice as WELDcomf�i,D CowAR ILWAI aforesaid, was on the BCLERRK TO um BODE By: day of 1 i 1 aLuii�Li•_, 19 rte— � 7 n, m M and the last on the day of , c 9 Subscribed and s r to before iq me this �day of 4114-e ,4. , 19_2a. ,CO3-„.--, a`. ,10.E �a A '.t` .150 My Comm's; elf rAr r , PUBLIC NOTICE The Board of County Commissioners of Weld County, Colorado, on March 6, 1991, conditionally approved a Site Specific Development Plan and Special Review Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Dennis Seewald 18442 Weld County Road 13 Johnstown, Colorado 80534 LEGAL DESCRIPTION: Part of the E/2 SW/4 of Section 36, Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: An agricultural service establishment (an agricultural service and supply business) in the A (Agricultural) Zone District SIZE OF PARCEL: 8.311 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 tCL`(KERRK'�T�7O THE BOARD BY: CJ , �l. frienin) Deputy lerk to the Board PUBLISHED: March 14, 1991, in The New News TY __ 'WELnu_ D COU[ as -- - COI J'^`!c,RS i 91 M,AR -4 All a: 17 . CLERK • TO THE B04 ilm ic,STATE OF COLORADO ) )s.s. COUNTY OF WELD ) David H. 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 the first publication of the annexed notice; that said newspaper is a newspaper within the meaning of the act of the General Assembly of the NOTICE Weld County' 'Centennial Center, State of Colorado,, entitled "An Act Pursuant W the zoning laws of the Greeley),Colorado: Third Floor, t0 regulate the State of Colorado and the Weld DOCKET NO.91-14 g printing of legal County Zoning Ordinance apublic APPLICANT: Dennis Seewald - nOt1C@S and advertisements, " and hearing will be held in the 16442 Weld County Ruad 13 - f Chambers of the Board of County _ Johnstown,Colorado 60534 Commissioners of Weld County ' DATE: March 6, 1991 amendments thereto; that the notice Colorado, Weld Count' Centennial , TIME: 10;00 A.M. Center, 915 10th Street, First REQUEST: A Site Specific of which the annexed is a printed Floor, Greeley, Colorado, at the ' Development Permit and Use by time specified. All persons in any Special Review Permit for an copy taken from said newspaper, was manner interested in the Site agncultural service establishment Specific Development Plan and fan agricultural service and published in said newspaper, and in Special Review Permit are suPP1Y business; in the A the regular and entire 15Su@ of eard. d to attend and may be AcriculturaU Zone District heard. LLEEGGAL DESCRIPTION: Part of Should the applicant or any the E/2 SW/4 of Section 36 every number thereof , interested party desire the Township 4 North. Rano°as wog/ presence of a court reporter to of the 6th p.m., Weld Counq,,make a record of the proceedings ' powrdo m addition to the taped record LOCATION: A roxitaatN) 2 Of1Ce i W@@k for I which will be kept during the rules northeast of Mead; nort1n of. hearing, the Clerk pto [he Board's and adjacent to Weld Cuwn}'Ruad successive weeks; that said notice Office shall be advised in writing 36 adj .e miles west of W'cld was sonewspaperof such action at least five days County Road 13. published in said prior to the hearing. The cost of BOARD OF COUNTY engaging a court reporter shall be COMMISSIONERS proper and not in any supplement borne by the requesting party. WELD COUNTS',COLORADO BE IT ALSO KNOVN that the BY: DONALD D. WARDEN thereof , and that the first text and maps so certified by the WELD COUNTY CLERK TO THE Weld County' Planning Conuuustun publication of said notice as may be examined in the office of BOARD the Clerk to the Board of County DATED: Febru February'11,1o991�pul} aforesaid, was on the Commissioners, located in the PUBLISHED: February 21, 1991 r in The New News. at day of \--: “.) . -, 19 11 , and the last on the IL day of \---tic_i, 19 l 1 _, A Subscribed and swor t/before me this a_day of 11-c.likAn-its” , 19_2Z... /if- AFFIDAVIT- OF PUtiLIi.n „L.,• E JOHNSTOWN BREEZE • STATE OP COLORADO 1 • ss COUNTY OF WELD 1 • I, Clyde Briggs, do solemnly swear Mai 1 am publisher of The Johnstown Breese; that the same Is a weekly newspaper printed, In whole or In part, and published in the County of Weld, Stale of Colorado, • and has a general circulation therrein; ihat ;shed • said newspaper has been p continuously and uninterruptedly in said County of Weld for a period of more than fifty-two consecutive weeks prior to the• first publication of the annexed legal notice • ur advertisement; that said newspaper has 11011C! - been admitted to the United Slates mails as Pursuant to die o hart Owed 1Mt State d Go°1!�°� ad des YNMd Cou�ry� Zanlrq second•cla ss moiler under the provisions of [AdUr ,a Wblb haring tMti Wfrld elite the Act u( t,larch J, Itl7U, ur uu>' Chambers of the Board of County. - ComMMbnwadWNd WMd ❑Rlcndrt L'nly thereof, and that said CountsonsIn nw manner Viit sorass ispecified. Ailnewspaper is a weekly newspaper otper sold Floor,Grwlry,Cdoradq Allp.. are any manner MrrdSpeia lRe sire qualified for publishing leg Simone Developnent Plan and Special Review Perm* w requessd.to attend and may be aclvertiselnents within the meaning of the I1°ho i laws of the Stale of Colorado. Should thtpesence of or�y interested to gory 'chat the annexed legal notice or advertise- - *Pad a dal he Ion during"' urionlake merit was published In the regular and a record of 1M proceedings,m ddlti to the tapetl raced whbh � 'sO Office shaft tins entire issue of every number of said weekly Manronp,,tiw Csdcbthf8oard's Ofiba dlW ins consccu- dvNdlnwrtti dawh action atlamelNe newspaper for the period of days prior to tia The dst d engaging live insertions; ❑rid that the first • a court reltorsr� be home by eta publication of said notice lids In the issue�(,f requesting party. said newspaper (kiwi!. Fab A.U. IsY.C, BE IT ALSO may 'ddtitetaxladce of and that the List publication of said notice so certified by the Weltl,=CowN Planning the Clerk may be Boarl bof ortlae ty was in the issue of said newspaper date the Clark to the Board a County A.D. 19....... Commissioners, bmbd-th iM Weld Coumy Greeley, Colorado. 018 tOtl,Street,Third Floor, In witness whereof I hove herepnlo se OOCKE Colorado,. ' my hand this ...ai,... day of r- h s-; DOCKET NO:et-14 _ I A.D. 19 / Den Is Seiev�iald / �' / • 18942 Web CounF1 Rod 13 / G �). - r Johnstown,colonedo 80534 /� y ,+ 1r 'r DATE:Mardi 8,1881 (/%// !r• Publlaher fit'` TIME: 10:00 am. /" REQUEST.A.sM Specific Dewy Penn* - ad flee yy Spaded Review Pbnn* fd an agrlcwtoral mrvme eatabllehment fan Subscribed end sworn to before me, a �nculamlmrwceendstrict uNneeslmtie. Notary Public In and for lhy,��da of A(A cultural e8 Zone d eti t- Y j� nty of ,I MAI DESCRIPTION:Pan d th E2 SW/ad Wc4l',/S�"la'"^te of Colorado, Ebbe: . Y e.g. Section 38,Township 4 NOM,Renee 88 West A.D. 109./.0 ,....-co d the em P.M.,Weld County,Colorado ; n • LOCATION:Ap�rodmably2 miles noMease d d .a.��;3'-fi f-L ,� Mad; oath and dlecem to wean county ...‘4,—;; Notary Puh1IC • Rod 38 and .5 mile.weal d Wald County Road 13. ' BOARD OF COUNTY COMMISSIONERS • }y WIZ COUNTY COWRADD BY:DONAID D.•WARDEN MY commission explrea y: WELD COUNTY CLERIC TO THE BOARD • — s„J1 - I BY:Cathy Flot,Deputy ,�., DATED:Februan/11, tem - . i� • Published b me Johnalo m Breese February • r 21, 1891. .1,. `- `' 'R. - I'S: . r • m • • • 01 �1.5n 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 Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office 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. DOCKET NO: 91-14 APPLICANT Dennis Seewald 18442 Weld County Road 13 Johnstown, Colorado 80534 DATE: March 6, 1991 TIME: 10:00 A.M. REQUEST: A Site Specific Development Permit and Use by Special Review Permit for an agricultural service establishment (an agricultural service and supply business) in the A (Agricultural) Zone District LEGAL DESCRIPTION: Part of the E/2 SW/4 of Section 36, Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2 miles northeast of Mead; north of and adjacent to Weld County Road 38 and .5 mile west of Weld County Road 13. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Cathy Flot, Deputy DATED: February 11, 1991 PUBLISHED: February 21, 1991, in The New News Stela, O1---///4 ( T "E MEMORAnDum Wilk Board of County Commissioners Date February 11, 1991 Cathy Flot, Deputy Clerk to the Board COLORADO From Hearing Schedule Subject: If you have no objections, we have tentatively set the following hearings for the day of March 6, 1991, at 10:00 A.M. Docket No. 91-13 A Site Specific Development Plan and Use by Special Review Permit for the expansion of a nonconforming use to include auto restoration and outside storage - Margaret Morton,owner; Roy Boles, applicant Docket No. 91-14 A Site Specific Development Permit and Use by Special Review Permit for an agricultural service establishment (an agricultural service and supply business) in the A (Agricultural) Zone District - Dennis Seewald The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS /1,1/11 (11)i- ^.nil trail s SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING February 5, 1991 A regular meeting of the Weld County Planning Commission was held February 5 , 1991 , in the County Commissioners' Hearing Room (Room #101) , Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the Chairman, Jerry Kiefer at 1:30 p.m. Tape 387 Roll Call Richard Kimmel Present Ann Garrison Present Rick Iverson Absent Jean Hoffman Absent Don Feldhaus Present Judy Yamaguchi Present LeAnn Reid Present Bud Clemons Absent Jerry Kiefer Present Also present: Rod Allison, Principal Planner, Lee Morrison, County Attorney' s Office, Sharyn Ruff, Secretary. The summary of the last regular meeting of the Weld County Planning Commission held on January 22 , 1991 was approved as submitted. CASE NUMBER: USR-935 APPLICANT: Dennis Seewald REQUEST: A Site Specific Development Plan and Special Review permit for an agricultural service establishment (agricultural service and supply business) . LEGAL DESCRIPTION: Part of the E2 SW4 of Section 36, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately two miles northeast of Mead; north and adjacent to Weld County Road 38 and a half mile west of Weld County Road 13. Mitch Anderson, Agland Corporation representative explained that they are purchasing the property from the Seewald' s to develop an agricultural supply and support business in the area. He explained how this service would benefit the farmers in the area. The Chairman called for discussion from the audience. Maybel Wilson owns property across the road from the proposed site and was concerned about chemicals being located in the immediate area. She explained that both she and her husband suffer from lung problems. .100 Eta lAT C__ SUMMARY, WELD COUNTY PLANNING COMMISSION February 5, 1991 Page 2 Mitch Anderson explained that Agland Corporation has been in business for 85 years and that they are controlled by state and federal regulations. They meet all regulations and specifications required to handle these types of products. He identified other populated areas, Eaton and LaSalle, Colorado, where they have supply and storage facilities . Jerry Kiefer wanted to know if they had other small locations similar to the proposed location. Mitch Anderson said their Gilcrest operation is somewhat similar in size. The Chairman explained to Maybel Wilson that the staff' s recommendation seemed to cover all of her concerns . The Chairman asked Rod Allison to read the staff' s recommendation. Milo Wilson surrounding property owner wanted to know if there was going to be anhydrous ammonia stored at this facility. Mitch Anderson responded that there would be anhydrous ammonia stored at that facility. Milo Wilson wanted to know what type of restrictions and safety precautions would be implemented to prevent leakage. Ann Garrison asked how the leaks usually occur. Was it due to faulty valves on storage tanks or in transportation. Jerry Kiefer asked Mr. Wilson if he had any evidence of leaks or problems occurring with any Agland storage facilities. Milo Wilson stated that he did not have knowledge of any such occurrences , but their proximity to this particular storage facility was cause for concern. Ann Garrison asked if there were any corn fields around their property where the anhydrous ammonia has been applied in the past. Milo Wilson stated yes, that they use it themselves. He is not concerned as long as it' s being used properly, he is however, concerned about a storage tank rupturing. Ann Garrison then asked Mitch Anderson what type of safety precautions Agland normally takes with the equipment and storage tanks and the type of training the employees have who deal with these types of chemicals. rn a,' SUMMMARY, WELD COUNTY PLANNING COMMISSION February 5 , 1991 Page 3 Mitch Anderson explained that Agland employees have to be certified in these areas . They have to meet state and federal specifications. He stated that inspections occur to a degree on a daily basis and more extensively on a monthly basis . Ann Garrison then asked what type of security is in effect at night. Mitch Anderson stated that no one was on the premises at night. The storage area is secured with an 8 foot gate that would be locked. Valves would also be locked so they could not be tampered with. LeAnn Reid wanted to know if Agland stored anhydrous ammonia in any other populated locations throughout this area. Mitch Anderson said that it was not stored in LaSalle, but is stored in the facilities in Gilcrest and in Eaton. Mitch Anderson also explained that he had been working with the Longmont Fire Protection District and would meet its requirement for a hydrant. Richard Kimmel moved that Case USR-935, be submitted to the Board of County Commissioners with a recommendation for approval. Ann Garrison seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Ann Garrison - yes; Don Feldhaus - yes ; Judy Yamaguchi - yes; LeAnn Reid - yes; Jerry Kiefer - yes. Motion carried unanimously. The meeting was adjourned at 1: 55 p.m. Respectfully Submitted, R.K) Sharyn F. Ruff Secretary BEFORE THE WELD COUNTY, COLORADO, PLANNING: COMMISSION - -_ RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Richard Kimmel that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-935 NAME: Dennis Seewald ADDRESS : 18442 Weld County Road 13 REQUEST: A Site Specific Development Plan and Special Review permit for an agricultural service establishment (agricultural service and supply business) . LEGAL DESCRIPTION: Part of the E2 SW4 of Section 36, T4N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2 miles northeast of Mead; north and adjacent to Weld County Road 38 and .5 mile west of Weld County Road 13 . be recommended favorably to the Board of County Commissioners for the following reasons : 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Weld County Comprehensive Plan' s Urban Growth Boundary Goals and Policies. The proposal is located within the urban growth boundary of the Town of Mead. Representatives of the Town of Mead reviewed the proposal and found no conflicts with its interests. The agricultural service business is consistent with the intent of the A (Agricultural) zone district. The business is proposed to be located on an 8 acre parcel between the Great Western Railroad line and spur. The use by special review area is located on an abandoned beet dump site which is non-prime agricultural land. The business should not interfere with agricultural activities in the area. C:1.01_50 Ek-H l / / h 15 it RESOLUTION, SEEWALD USR-935 Page 2 - The proposed use is compatible with the existing surrounding land uses. Existing surrounding land uses include agricultural production, the Great Western Railroad line, Weld County Road 38, three single family homes, and a mobile home used for farm labor. - No overlay districts affect the site. - Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities . The Planning Commission' s recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder' s office within 15 days of approval by the Board of County Commissioners . 2 . The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3 . Prior to recording, the special review plat shall be amended to show the liquid fertilizer plant located a minimum of 20 feet from the end of Weld County Road 38 right-of-way. 4. Obtaining an air emission permit from the Colorado Department of Health, if applicable. 5 . Prior to releasing any building or electrical permits, the applicant shall demonstrate the facility is in compliance with the requirements of the Longmont Fire Protection District. '.d.4i.'il RESOLUTION, SEEWALD USR-935 Page 3 Motion seconded by Ann Garrison. VOTE: For Passage Against Passage Richard Kimmel Ann Garrison Don Feldhaus Judy Yamaguchi LeAnn Reid 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 , Sharyn Ruff, 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 February 5, 1991. Dated the 5t o ebruary, 1991 Sharyn F. Ruff Secretary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS USR-935 1. The Site Specific Development Plan and Special Review permit is for an agricultural service establishment (agricultural and supply business) as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3 . The facility shall be maintained in compliance with the Reauthorization Act (SARA) Title III as it pertains to chemical storage and reporting. 4. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and ground water contamination. 5 . No permanent disposal of waste shall be permitted at this site. 6. A spillage retention berm shall be required around the liquid fertilizer and petroleum and fuel plant tank batteries. The volume retained by the spillage berm shall be greater than the volume of the largest tank inside the berm. 7 . An air emission permit shall be maintained in compliance with the Colorado Department of Health, Air Pollution Control Division, if applicable. 8. All materials shall be handled and stored in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 9 . Fugitive dust shall be controlled on this site. 10. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to Section 25-12-102, C.R.S . 11. The agricultural service and supply business shall maintain a bathroom with adequate toilet facilities served by an individual sewage disposal system. The system shall be installed according to Weld County Individual Sewage Disposal Regulations. 12 . The facility shall be maintained in compliance with the requirements of the Longmont Fire Protection District. 13. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. p ¢.. 60 Development Standards USR-935 Page 2 14. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 15 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 16 . Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure that activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County regulations. 17 . The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 18. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 91.01.a0 ill INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number us p, q3 (� Submitted or Prepared Prior to Hearing at Nearing 1. Application Pages 2_5 � 2. Applicant spage(s)-- 1 PP P lat� ) 3. DPS Referral Summary Sheet vt- 4. DPS Recommendation 5. DPS Surrounding Property Owner's Mailing List i 6. DPS Mineral Owner's Mailing List 7. DPS Maps Prepared by Planning Technician 8. DPS Notice of Hearing 9. DPS Case File Summary Sheet v" vt 10. DPS Field Check 11. M6.new - vves F-t-fer - I�t S/91 — 1 ¢'r I/ 12. Let+et — Runk 1.4awfey- Il -V 41 �- fr.' 13.1.0 ie✓' - Ed - I1-01 - r/ 14. pnenro_ Ed c4CnItr — I11Sl41 _ I far 15. fz+ rr - eeterf- liiw Sit K!e - ofiy/ge- t 1,A,e G� 16. IUIFmn fc46t,v�ee. - V/1/1/—5/ / p � 17. IV\em� — / 18.1pnedw - �,vc-ndm�dc _ l/f/�Il 9e, L' - //57 - 19. Me o 91 - a1-t 20. 21. 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 . Current Planner STATE OF COLORADO ) COUNTY OF WELD ) $,UB ED AND SWORN TO BEFORE ME THIS 1- LW) day of 19 0/ . . \ . f ••. • _� • '"'„,•.p r1 Y.P 21 LiCf�l� � C '-alp EYi4/x317 9 q s' My Commission Expires `` 's'�'� Cr�f0ber 15, 1 . PIIMPOla _.., EXHIBIT INVENTORY CONTROL SHEET Case 0j-e- 1o4 O9 Exhibit Submitted By Exhibit Description i ZklB. \mitl` ( l . t. 7/�jfY1A f�lf?� . < �: ✓1Ay��1f ;"' Ar^`ani 2�Jl�n11/) 111 � nn Y / 1/ /r/17O. ., , J �) D. /C kij0 .. )- (I '7/0,1 ,! %`: /1",,,' (t L—it- p / rtr1A !' i /5 p f I f . `� E. J ��' � ,�'r f r a /?`J! .... �*�/r� l�fl� � e� h::i� 'Air/ h l t F. C. H. I. J. R. L. M. N. 0. !LT:1.0150 Date: February 5, 1991 CASE NUMBER: USR-935 NAME: Dennis Seewald ADDRESS: 18442 Weld County Road 13 REQUEST: A Site Specific Development Plan and Special Review permit for an agricultural service establishment (agricultural service and supply business) . LEGAL DESCRIPTION: Part of the E2 SW4 of Section 36, T4N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2 miles northeast of Mead; north and adjacent to Weld County Road 38 and .5 mile west of Weld County Road 13. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24. 7 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24. 3 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Weld County Comprehensive Plan' s Urban Growth Boundary Goals and Policies . The proposal is located within the urban growth boundary of the Town of Mead. Representatives of the Town of Mead reviewed the proposal and found no conflicts with its interests. The agricultural service business is consistent with the intent of the A (Agricultural) zone district. The business is proposed to be located on an 8 acre parcel between the Great Western Railroad line and spur. The use by special review area is located on an abandoned beet dump site which is non-prime agricultural land. The business should not interfere with agricultural activities in the area. The proposed use is compatible with the existing surrounding land uses. Existing surrounding land uses include agricultural production, the Great Western Railroad line, Weld County Road 38, three single family homes, and a mobile home used for farm labor. No overlay districts affect the site. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. yy Y'.� r 1 This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder' s office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording, the special review plat shall be amended to show the liquid fertilizer plant located a minimum of 20 feet from the end of Weld County Road 38 right-of-way. 4. Obtaining an air emission permit from the Colorado Department of Health; if applicable. 5. Prior to releasing any building or electrical permits, the applicant shall demonstrate the facility is in compliance with the requirements of the Longmont Fire Protection District. 1.0''1.541 q SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS USR-935 1. The Site Specific Development Plan and Special Review permit is for an agricultural service establishment (agricultural and supply business) as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. The facility shall be maintained in compliance with the Reauthorization Act (SARA) Title III as it pertains to chemical storage and reporting. 4. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and ground water contamination. 5. No permanent disposal of waste shall be permitted at this site. 6. A spillage retention berm shall be required around the liquid fertilizer and petroleum and fuel plant tank batteries . The volume retained by the spillage berm shall be greater than the volume of the largest tank inside the berm. 7. An air emission permit shall be maintained in compliance with the Colorado Department of Health, Air Pollution Control Division, if applicable. 8. All materials shall be handled and stored in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 9. Fugitive dust shall be controlled on this site. 10. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to Section 25-12-102, C.R.S . 11. The agricultural service and supply business shall maintain a bathroom with adequate toilet facilities served by an individual sewage disposal system. The system shall be installed according to Weld County Individual Sewage Disposal Regulations. 12. The facility shall be maintained in compliance with the requirements of the Longmont Fire Protection District. 13. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. c- f,:.y ' -0. Development Standards USR-935 Page 2 14. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 15. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 16. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure that activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County regulations. 17. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 18. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners . C4 , 1 5 1 LAND-USE APPLICATION SUMMARY SHEET Date: January 29, 1990 CASE NUMBER: USR-935 NAME: Dennis Seewald ADDRESS: 18442 Weld County Road 13 REQUEST: A Site Specific Development Permit and a Use by Special permit for an Agricultural Service and Supply business LEGAL DESCRIPTION: Part of the E2 SW4 of Section 36, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles northeast of Mead; north of and adjacent to Weld County Road 38 and 1/2 mile west of Weld County Road 13. SIZE OF PARCEL: 8 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The proposed use is for an agricultural service and supply business. The duties of the Planning Commission and criteria for review and approval is listed in Section 24. 3 of the Weld County Zoning Ordinance. The following referral entities had specific recommendations: 1. Office of Emergency Management; 2. Weld County Health Department; 3. Building Inspection; and 4. Longmont Fire Protection District. One inquiry and no objections have been received regarding this proposal. FIELD CHECK FILING NUMBER: USR-935 DATE OF INSPECTION: January 4, 1991 NAME: Dennis Seewald REQUEST: A Site Specific Development Plan and a Use by Special Review Permit for an agricultural service and supply business. LEGAL DESCRIPTION: Part of the E§ SW} of Section 36, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles northeast of Mead; north and adjacent to Weld County Road 38 and .5 miles west of Weld County Road 13. LAND USE: N Agricultural production. E Agricultural production, oil and gas production facilities. S Weld County Road 38, Agricultural production, farmhouse, labor house, and improvements. W Agricultural production. ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: The Use by Special Review is proposed on an 8 acre triangular parcel of ground adjacent to Weld County Road 38. The Great Western Railroad Line and spur run diagonally across the parcel. The railroad line is contained within a 100 foot right-of-way. There are 2 accesses planned from Weld County Road 38, a gravel road. Weld County Road 38 is classified as a local county road with a 60 foot right-of-way. The property slopes gently to the south. The Use by Special Review area is an abandoned beet dump site, once operated by Great Western Sugar Company. The railroad tracks are the only improvements on the property. By: 1 ,1/1640 o Allison Principal Planner 91C1,519 • Y -�'�—, ,/`---rAv N ij 50 - fa..”1111•7 I O "•I � Le O1 e 9 j t '• _ 1! 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IM1t l 4ea;k`. h012 - s0o _ 1 III ;s / .n \ 1. , k' �v 1 �' I tHN 1� \�� t 9 i I wr yi 1. I- ,Malay \ -c. (goo' , \ ,II i k\ �' 1 I ` . r ,, V \, `1 l.(tke Afarir 1 • 1 , . -i 1.:,;,;;3; .� .c '�a 'r^z. ) 4, q, `` 4r�.,i44; � ^' it ',-,;"1,,,J,,•44 .x '14' . a 5. ' 3 . T.. �+. c Y w S, 5 J. " 'Is' � ; V C„4 4 i1 mar; aEtx 1'' . f'- 5+• d' 1i t. d. o 14 °x 1 w O. t_f eist 3 " c - ` X, { { i wt a° k r Nix i _G 3f : St' f. t;. c47 yt r J - n ,,":5!.4 `'c w ej .t(' .nd S ' 3 ` •c4- '.3 Y. t t v-_�� n* yy C.. ..' UY,1 a •St (/u�'' x *t t V�I �4 ! " I` i�T [� �j\ Y t t $L;. : 022 x. _ v .. 3 t . " G — e:: � ., ;_ 4t9 G ' . 4' 'C A g I �'v. .. O N.. . 3:^a t :":±(:- I 3 a A .. F: :Ft' i Vh 1 fti':.. }5.�: 'ice . .7 r —,..- -..4* ... _ ... .. :. _. REFERRAL LIST NAME: Dennis Seewald CASE NUMBER: USR-935 REFERRALS SENT: December 20, 1990 REFERRALS TO BE RECEIVED BY: January 3, 1991 COUNTY TOWNS and CITIES Attorney _Ault y` X. Health Department Brighton_ Extension Service Dacono X Emergency Management Office - Eaton _Sheriff's Office 1Erie X Engineering Evans -J _Housing Authority Firestone Airport Authority - _Fort Lupton Building Inspection _Frederick _Garden City STATE Gilcrest _Division of Water Resources Greeley Survey Geological Sury Grover Department of Health Hudson `_Highway Department Johnstown + Historical Society Keenesburg _Water Conservation Board Kersey _—_— X Oil and Gas Conservation Commission La Salle '—_Lochbuie FIRE DISTRICTS _Longmont Ault F-1 X Mead Berthoud F-2 Milliken Brighton _ F-3 _ New Raymer _Eaton F-4 Nunn Fort Lupton F-5 Platteville _ _ Galeton F-6 Severance Hudson F-7 Windsor _ Johnstown F-8 _ _La Salle F-9 COUNTIES X Longmont F-10 Adams Milliken F-11 Boulder ---- Nunn F-12 Larimer _ _.____ _ Pawnee Platteville F-13 FEDERAL GOVERNMENT AGENCIES _ Platte Valley F-14 US Army Corps of Engineers � re Poud valley F-15 USDA-APHIS veterinary Service Raymer Federal Aviation Administration Southeast Weld F-16 Federal Communication Commission _Windsor/Severance F-17 -- --Wiggins F-18 Western Hills F-20 _SOIL CONSERVATION DISTRICTS _Brighton OTHER X Fort Collins Central Colo. Water Conservancy Dist. Greeley _ —Panhandle Eastern Pipe Line Co. Longmont , Tri-Area Planning Commission 'West Adams 1 ,�. o.'.. - Mr. Bill Frederick Ed tftnIA , COMMISSION/BOARD MEMBER .ti Great Western Railway w,{) Cousay P.O. Box 537 x Judy Yamaguchi Loveland, Co 805391 �'�/�` °' FIELD CHECK FILING NUMBER: USR-935 DATE OF INSPECTION: f p.,�,2_4-00 NAME: Dennis Seewald REQUEST: A Use by Special Review and A Site Specific Development Permit for an Agricultural Service and Supply Business LEGAL DESCRIPTION: Part of the El SW} of Section 36, T4N, R68W of the 6th P.M., Weld County, Colorado LOCATION: Approximately 2 miles northeast of Mead; north and adjacent to Weld County Road 38 and }mile west of Weld County Road 13 LAND USE: N NA' (:cAH D E ArLe x., Snou) Covered most ol- `fine um a _ i S �-�, cirl r `'�' Seen) 40 ice ddNy t--o"u., crops, w greltuQ, ZONING: N Agricultural E Agricultural S Agricultural W Agric�ulltrual J ( �1 L COMMENTS: NI( it _ �L� e ,1 ih 1I� �i.Z S�ci4 �u�fT,�'�E�_�An jee.WL5 At be_- dccuA e" y�JLK 38 is (11,4 t4l i-r k-feAseas wH{i, WC I - 13 ifwN rk--- is fit Uc,1 , we-R- se aces ciCCCS5 +o r,,S. 1 ,it/if Xr7 By /7- .kdla J'` ‘Ye-5t IVi.R 3 5r 1� D �' �� Pitt r).-5 C-13 ITC-420 70 CCS1h- bL .. 2 7 1990 Ed Co. Playa*CoMiliss ai 150 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL NAME STATE AND ZIP CODE IDENTIFICATION # Dennis & Carolyn Seewald 18442 WCR 13 106136000051 Johnstown, u 80534 Booth Land & Livestock Co. Box 72 lucerne Cn S0646 106136000044 106136000041 106136000042 106136000039 David B & Lorie Martini 5083 W.C.R. 38 Platteville Cn BO651 106136000050 Lorena L. Gaddis 1248 Grant 106136000029 _ Longmont, Co 80501 106136000028 Lawrence & Gladys Jeffers 7942 E. HWY 34 106135000027 Loveland, CO 80537 106135000026 ' Frank Ramos 13786 W.C.R. 18 Ft. Lupton, Co 80621 106135000025 Donald & Maybelle Wilson P.O. Box 247 120701000017 Mead, CO 80542 120701000020 Robert B. & Leonora H. Wilson 4200 W.C.R. 38 Platteville, Co 80651 120702000034 yj j x'.,.' ..4.C.L �<.iJ•J Subsurface: State of Colorado 3 I 5 4./. State Board of Land Commisssioners � Lessee: Gary Sandlin 5 U 2300 Security Life Building \ Y5 Denver, CO 80202 (Current status of Lease unknown) 0 SO , ! MEMORAnDum Wilk Rod Allison To Weld County Planning Dace January 15_, 1991 r COLORADO From Environmental Protection Services -1 0 i Subject. Case Number: USR-935 Name: Seewald, Dennis 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. 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. Beans and bean waste materials shall be handled and stored, in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 5. Fugitive dust must be controlled on this site. 6. Maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 7. A bathroom with adequate toilet facilities served by an individual sewage disposal system, is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 8. A spillage retention berm shall be required around the tank battery. The volume retained by the spillage berm should be greater than the volume of the largest tank inside the berm. WP31/dgc 01 t 41.5' � \` \\M4 " �a pw xp � tow g �� i LONGMONT FIRE PROTECTION DISTRICT 700 Weaver Park Road, Longmont, CO 80501 (303) 772-0710 Metro(303) 666-4404 January 9 , 1991 G ri JJ 'air 11 /IVO Rod Allison ..11,M � � 199iDepartment of Planning 915 Tenth Street Greeley , Colorado £30637. fi �,.. n,.7Yeg ; s�?cac , IVtt,. ,.r Dear Mr . Allison , The Longmont Fire Protection District has reviewed the site specific development plans and has no conflict , providing the following is done: I . Provide the fire district with fire flow calculation for a hydrant on site , prior to any construction or use of the property . 2 . Must meet all the requirements for storage of bulk petroleum product , fertilizer , herbicide and pesticide products , as well as the dispensing of such products and any additional products not listed on site . 3 . Must meet all requirements of the Uniform Fire Code for fire protection for hazardous materials storage dispensing and use . In addition they will also be required to meet all fire protection requirements for construction of buildings on site . 4 . Prior to any construction of buildings , or any use of property . For the purpose proposed , this fire district must have in our office the following: 1 . Material safety data sheets for all hazardous materials . 2 . Information on current water flow available for fire protection . :3 . Information of what product will be stored in each tank and each amount . 4 . Information on the amount of fertilizer , herbicide , and pesticide to be stored and where to be stored . 5 . This must be done prior to any use of the property so that we will be able to review the information and place the appropriate fire districts requirements . s ,.� If you have any questions or comments , please feel free to contact me . Sincerely , /7,j �_ Mark A . Cawley Fire Marshal ,; re , i, ,....... � WELD COUNTY OFFICE OF EMERGENCY MANAGEMENT Alipil PHONE(303)356-4000, EXT. 4250 OR 353-4224 lungP.O. BOX 758 GREELEY,COLORADO 80632 C. COLORADO January 3, 1991 Weld County Planning Commission Jerry Kiefer, Chairman Dear Jerry: I have reviewed the consideration for a Site Specific Development Plan and Special Review Permit for Dennis Seewald located on WCR 38 and .5 miles W of WCR 13. I have no conflict with the permit request. When the fuel facility and the fertilizer portion of the business are built they will be required to comply with the Superfund Amendment and Reauthorization Act (SARA) , Title III. The Agland, Inc. facilities have complied with SARA, Title III at their other locations but their is no mention of the required environmental reports in this application. There are no requirements prior to the actual storage of fuels and chemicals. If you have any questions or need additional information please contact me at 358-4000 extension 4250. Sincerely, 7� i� Ed Herrin , Director Weld County OEM EH:kc "J ::`,M ^L_ 199! L —J_ Isaac Plow Commas o. . - F AtAip- in° MEMORM1Dum 111111k Rod Allison January 15, 1991 To Date Ed Stoner, Combination Inspectora COLORADO From Dennis Seewald, Special Review Permit, USA-935 Subject: Per Uniform Building Code Section 705, restroom facilities will be required at this facility, connected to a drainage system approved by the Weld County Health Department. STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION DEPARTMENT OF NATURAL RESOURCES DENNIS R. BICKNELL SUITE 380 LOGAN TOWER BUILDING Director 1580 LOGAN STREET JOHN R. STOWELL Deputy Director DENVER, COLORADO 80203 PATRICIA C. BEAVER (303) 894-2109 FAX ROY ROMER Technical Secretary (303) 894-2100 Governor December 24, 1990 Weld County Planning Department 915 10th Street, Rm. 342 Greeley, CO 80631 ATTN: Rod Allison Dear Sir: Last Friday we received a Notice of Public Hearing concerning a Special Review Permit application for an agricultural service and supply business in part of the E1/2, SW/4 of Section 36, T4N, R68W in Weld county. No case number was apparent on the information we received, but we have reviewed the application and have no objections to the granting of said permit. We point out that there is an existing oil well approximately 1000 feet to the east of the proposed site which should present no obstacle. If we can be of further help please don't hesitate to call. Sincerely, Robert n Sickle Field Engineer 0069v/73 B LW) I uct.. 2 7 1990 ' W M Co. Ammo tiodin lS5l0u 91_0150 DEPARTMENT OF PLANNING SERVICES rtm PHONE(303)356-4000,EXT.4400 ` _ 91510th STREET -7-1,1-- ' 7r-,.- t•}• • © Li r.,91 GREELEY,COLORADO 80631 wilk CASE NUMBER USR-935 COLORADO REFERRAL LETTER CORRECTION: Please include in original package. January 4, 1991 _` TO WHOM IT MAY CONCERN: I`�t!( `' _ U °" LiL1 '_ ----..r.-) Enclosed is an application from Dennis.—Seewald fa.L��, a S t S ific Development Plan and a Use by Special Review for an Agrrei t11� ervice and Supply Business. The parcel of land is described as part of the E} SW} of Section 36, T4N, R68W of the 6th P.M. , Weld County, Colorado, The location of the parcel of land for which this application has been submitted is approximately 2 miles northeast of Mead; north and adjacent to Weld County Road 38 and ,5 miles west of Weld County Road 13, 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 Januarr 8;al1-991rto that we may give full consideration to your recommendation. Please call—Rod wAllison, 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 ,^ _ \V1 a^' fer to the enclosed letter. Signed:\'��'1 A. 1. _ Agency: -, , ,-i r c --, • Date: ( ( (lrI II 910150 0 ,,:, -,,,i ' DEPARTMENT OF PLANNING SERVICES fa, gal+ 191 PHONE(303)356-4000,EXT.4400 fi 91510th STREET V_ ,._ ------ - ../_. GREELEY,COLORADO 8063; wk Meld Ca: Plasm Guramssum CASE NUMBER USE-935 COLORADO REFERRAL LETTER CORRECTION: Please include in original package. January 4, 1991 TO WHOM IT MAY CONCERN: Enclosed is an application frown Dennis Seewaid for a Site Specific Development Plan and a Use by Special Review for an Agricultural Service and Supply Business. The parcel of land is described as part of the E} Sw} of Section 36, T4N, R68W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2 miles northeast of Mead; north and adjacent to Weld County Road 38 and .5 miles west of Weld County Road 13. 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 January 18, 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 . k. 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 lett //77 Signed:eziil 2., _Agency: - a j0ziad _ Date: /— 7— J/ P,E:..:.. iVri0 1991 ,.c.1,—nrri, li 0 _ ., eii d - ' DEPARTMENT OF PLANNING SERVICES JprJ ' 4 99S,( I PHONE(303)356-4000,EXT.4400 - U 91510th STREET GREELEY,COLORADO 80631 O Weld te. Mamie! Cemmissiar' • CASE NUMBER USR-935 COLORADO REFERRAL LETTER CORRECTION: Please include in original package. January 4, 1991 TO WHOM IT MAY CONCERN: Enclosed is an application from Dennis Seewald for a Site Specific Development Plan and a Use by Special Review for an Agricultural Service and Supply Business. The parcel of land is described as part of the Ei SW{ of Section 36, T4N, R68W of the 6th P,M„ Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2 miles northeast of Mead; north and adjacent to Weld County Road 38 and ,5 miles west of Weld County Road 13, 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 January 18, 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 , ✓ 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: 7 5. Please refer to the enclosed letter. Signed:jt�/ail( T741/U`2(7-,_ . ._Agency: �.le 11 '0'(1'\_*)5Thn c>. Y Date:( / 1-v/ / q °t ram CADN.5.Q,\(-vcAS1On • DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 1915 10th STREET "". 1 •6I93 GREELEY,COLORADO 80631 111 k. We)d C9. Among ',s4(0,;::—::" COLORADO CASE NUMBER [JSR-935 January 4, 1991 TO WHOM IT MAY CONCERN: Enclosed is an application from Dennis Seewald for a Site Specific Development Plan and a Use by Special Review for an Agricultural Service and Supply Business, The parcel of land is described as part of the E} SW} of Section 36, T4N, R68W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 2 miles northeast of Mead; north and adjacent to Weld County Road 38 and ,5 miles west of Weld County Road 13 , 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 January 18, 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: `y Panhandle Eastern Pipe Line CO. �-.yip-L / Agency: sue. 1 Date: /- �� a.•. _._a�� STATE OF COLORADO ) COUNTY OF WELD )s•s. David B. Reynolds, being duly sworn, The that he is publisher of New News, a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a general circulation in said Countycom ROTfcEOFPIIRLICREAwtic and has been continously and uninterrupted) T°` W`s .R�d aPent: dui ' Y Published therein, tear on Tucsdas February' 5, during a period of at least Issl a I:ao p.m. o'r the puryusc fifty—two COAL@CU weeks of cotiside a S:u SSteccittc the firstpublication consecutive ve Developnwntlan and a,SF cal prior t O Review Pemut for an egnc rural notice; Publ;Carl On of the d for service and sziki�t�olw. . that annexed the pr ert5 ddeessccrr newspaper said newspaper ApGrmal of the cqueat nay P per within n i5 a create a vested propert3 right the meaning n ursuant to Colorado.Law. act of the General Assemblyg of the pAPPLICA[T: Denns Seewal) LEGAL DESCRIPTION: Part of State of Colorado,, entitled "An f the R`sewvoi wri�6th cPM Weld to regulate the Gaunt ,calaaaa Printing of legal TYP� AND mrE!g De nOtiC@S and PROPOSED USE: ASite Stecitic advertisements, " and Dovclopnum ,Plan and .5Geclat amendments to• Re iew Pemut[or an agncultural there senice and supp11,, business. , that the IACATIOR: Apyrosmiatcly 2 of which the notice mica northeast of Mead north CO annexed 15 a printed and adjacent to Weld County Rua) copy taken from said news 38, 5 notes west of Wcld County published in said newspaper, was RaaA l3. the newspaper, SIZE: 8.311 acres mpre or less regular , and in Ince e l Couni� Commuss Doers' ever g lar and entire issue of Hcarng Room, Irst Flour, Wela Y number thereof, County Centeno al Crnter, 915 , Tenth Street, Greeley, Colorado. OI"IC@ Coutenls ur objections related to a week for as bndttedan rarRungthe)Wcid successive r--� County Do rtntcnt of Plamling S1 VQ weeks Services, 915 Tenth Street, Rumu was so i that said notice 342 Greeley, coloradap seal published in said news a zinctic�heanng un F bru9rj proper not en e thereof , and t in any first supplement r �aF s' or he appbca inn arc that the first avadablc for puhlic inspecnun.w publication of said notice he Deharunent o[ Pannwg aforesaid, Services, Room 342, Wcld Counth afor as Cen eon al Center, 915 Tent a was on the Street, Greeleyy', Coluradu 89631 - Phune-356i8W Extcnsian 4489. �O ddy of Wcl�Count}' (?laann glCunmdssiwl ,LL 19 � To be published in The \ew , �1�eNa and the nat�ak�� ' sac ill Uwe h> last on the j pah1Y11Re I� The kw News day o f Jwawr> te,19e1. 19 r(`I • 77 Subscribed and sworn to before me this / day of 19_f_, Aa yew (a�'�pp ('.. °--i' :-;1. -'E.F�'��a'�'. rap l ) . DEC 1 9 1990 USE BY SPECIAL REVIEW APPLICATION U---Department of- ning Services, 915 Tenth Street, Greeley, Colorado 80631 X10 gyp. pMepsDF�r GSQiI°tNCv1w Phone - 356-4000 - Ext. 4400 Case Number usR ( 3S Date Received /2//1/KI0 Application Checked by 741 Mylar plat submitted Application Fee �U�.or� Receipt Number 17972- Recording Fee Receipt Number aaaaavaccaaamaaaaaaaavaaamvaaaaamaaancaaaaaaaacaaaaaasacaaaaaammaacvaavavaa TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: 1/2 SW 1/4 Section 36 T 4 N, R 68 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: 1/2 SW 1/4 Section 36 T 4 N, R 68 W Property Address (if available) 5351 Weld County Road 38 Johnstown, Co PRESENT ZONE Agricultural _ OVERLAY ZONES none TOTAL ACREAGE _8.311 PROPOSED LAND USE Agricultural Services and Supplies EXISTING LAND USE Idle, Old Beet Dump Facility SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: — — — Name: Dennis Seewald Address: 18442 W.C.R. 13 City Johnstown, Co Zip 80534 Home Telephone # (303) 535-4321 Business Telephone # Name: Address: City Zip Home Telephone # Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Dennis Seewald Address: City Zip Home Telephone # Business Telephone # List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: See Attached Forms Address: City Zip Name: Address: City Zip I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) 44-1/4,e-H-4211,4.7�re: Owner or Authorized Agent Subscribed and sworn to before me this 3rd day of December 1990 . NOTARY PUBLIC My commission expires August 31 , 1991 APPLICATION FOR A USE BY SPECIAL REVIEW The mite is located on Weld County Road 38 approximately one-half mile west of Weld County Road 13. Weld County Road 38 is an unimproved gravel road at this location. The site is improved only to the point of having a truck weigh station built on its western end. The Weigh Station mite is on the plains of Colorado approximately six miles southwest of the town of Johnstown, Colorado. The legal description is included in the Site Plan and Vicinity map. The lot is triangular shaped and consists of approximately eight acres. The site was known as the Walker Beet Dump and has one small building located next to the truck scale that houses a scale indicator. The "beet dump" refers to the stockpiling of raw beets after harvesting but prior to shipping for processing. A track line of the Great Western Railway Company runs diagonally through the property on the southern edge and exits through the eastern side. There is an additional spur line that enters the property north of the main line and ends behind the weight station building. 0.1 y`.50 ! 1 Proposed use of approximately 8. 311 acres of non productive agricultural land to be leased for five years with a buy out option at the end of the fifth year from owner Dennis Seewald. The proposed use will be operated by Agland Inc. , whose use will be to supply and service an agriculture support business. The different support type services and supplies will be a receiving station for dry edible pinto beans, and a scale operation for weighing inbound and outbound products along with petroleum bulk products such as propane, diesel fuel, regular and unleaded motor fuels. Other products supplied to the agricultural sector would consist of fertilizer products, as well as herbicide and pesticide products. The operation of these facilities and products will be the same as that which is currently being carried out at Agland's Eaton and Oilcrest facilities. The primary customer is the agricultural related enterprises in the surrounding area of the parcel. Agland Incorporated has been in the agricultural support business for 88 years and operates facilities like the proposed use and has earned community and peer respect for their educational and product knowledge they have emplemented through out the industry. 101.450 HEED FOR USE Development and growth at the current Walker Elevator site, just northeast 1/2 mile from the proposed site, is limited in capacity for Agland's Cooperative customer needs. USE OF SURRDUNDINS PROPERTIES The types of existing uses on the surrounding properties consist of agricultural crop production. NEAREST RESIDENTIAL STRUCTURE There are two acreages with home within a 1/2 mile of this site. The nearest acreage is sixty feet on the south side of road 38 on the southwest corner of the proposed site. To the east 1/2 mile on the north side of Weld County Road 38 lies the other acreage. 2 1/2 miles to the north would be the nearest residential home. CLIENTELE The maximum number of users, patrons, and buyers will be 75 on an annual basis. The approximate number of person entering this property other than the employees will be limited due to the nature of business. Most clientele will be delivering bulk products, along with removal of bulk products off of the property. The operation of employees will be seasonal, but 15 would be the maximum, one shift with hours 8 to 5 and some seasonal longer shifts. 9 .01.3 7 3 WATER SOURCE The water source for the proposed site would be Little Thompson rater out of Berthoud. ACCESS The two access routes to be utilized for the proposed use will be off of Weld County Road 38. Truck and rail type traffic will be associated with the use of this property, with maximum weights ranging from 85, 000 pound■ on trucks to 200, 000 pounds on railcars used on • seasonal basis. An average of five to seven semi trucks will use the access per day, as yell as seasonal deliveries of 30 to 50 farm trucks daily. UTILITIT RIGHTS OF MAY Utilities that would service or have rights-of-way on the site are: « Public service company electrical, no natural gas to site « U. S. West Communications telephone service • Central Weld County Water District 20" water main right-of-ray * Little Thompson Water District 6' water main right-of-way * Associated Natural Oas gas line right-of-way • Panhandle Eastern Pipeline right-of-way (they are not sure if it is used) INVADE FACILITIES A portable sanitation facility will be used for sewage facilities. FIRE PROTECTION The parcel of land is in the Mead Fire Protection District. At the time of construction, all buildings will be constructed to the fire district codes. Fire breaks will be constructed along the rail spur to insure protection for the railroad care. All weeds will be removed within 18 feet on each side of the outer mainline spur. Adequate fire extinguishers, fire department telephone numbers along with all proper safety equipment in the proper locations will be utilized. ANIMA No animals will be allowed on this parcel. STOCKPILE Bean cleanings and dirt would be the only waste generated at the site, which can be hauled off to land fills, or designated approved locations. No junk garbage or trash will be stored at this site. mum Removal of waste will be disposed immediately after it is generated. LANDSCAPING Graveling and leveling of traffic flow surface areas are the only proposed landscaping plans and erosion control measures for this site plan. INGLANATIQK Reclamation procedures would consist of filling and leveling back in and removal of all proposed structures. :START UP Construction is targeted for July 1, 1991. Start up on Scale House and Bean Plant, shown in the site plan map, is scheduled for August 13, 1991. Petroleum and fuel plant, along with the liquid fertilizer plant will occur at later dates. 6 COMPREHENSIVE PLAN The proposed use of the land site in consistent with the Meld County Comprehensive Plans, Goals. and Policies. Taking • non productive agricultural land site and developing it for commercial use directly dependent upon the agricultural industry. This site is in an agricultural zone district that maintains to protect and promote the county's agricultural activities, •s policy, encourages agricultural businesses and industries to locate, minimizing the removal of prime agricultural land from production. With the construction of this project, it will not remove any productive agricultural land, and rill not occupy any operation that rill threaten the health, safety, and welfare of the inhabitants of the county. The uses permit will be compatible with the existing surrounding land uses, currently crop production, and the agricultural support business that is proposed on the property, will compliment the surrounding uses. This application complies with section fifty of the Weld County Ordinances. OWNERSHIP Proof of ownership of this property is shown in warranty deed. 7 �1045':S MILS The following soil information is taken directly from "Soil Survey of Weld County, Colorado Southern Part. " Issued September, 1980. (United States Department of Agriculture Soil Conservation Service in Cooperation with Colorado Agricultural Experiment Station). STORM DRAINAGE PLAN Der MaIAS i SHORT. INC. The site contains 8. 311 acres gross and 7. 643 acres (332, 537 square feet) net. In the net acreage, 1. 04 acres are in the Great Western Railroad row •nd . 23 acres are in the spur line row and will not be developed further. The proposed improvements create a "hard surface" area of 11, 865 square feet or 3. 6% of the net area. The service roads within the site will be gravelled as necessary, but will not appreciably increase the storm water runoff. The Soil Conservation Service soil classification is Nunn Clay Loam, at 1 to 3% slopes. This soil has moderately ■low percolation, medium surface runoff and • low erosion hazard. General drainage is to the southeast corner lying west of the main railroad and north of county road 38. 8 Based on the _move information, it is my adgement that the impact of any storm drainage from the proposed site will be minimal. I would recommend as part of the site grading, a small berm be constructed along the south property line and the westerly line of the main railroad to direct the flow to this corner and prevent direct discharge to the county road. Use of dirt from the low point to create the berms will create • small detention pond of 1 to 1 1/2 foot maximum depth. No pipe discharge is proposed and pond draining will be accomplished by percolation and evaporation. If you or the governing agencies have any questions, please call. 9 LITTLr. THOMPSON WATER DISTRICT DIRECTORS: Telephone 532-2086 Care/J.Selnmonson, July 10, 1990 307Dra c Welsh Avenue President Glenn W Gibson Benhoud,Colorado 80513 Leo Bakel Keith Croonpuist Tom Reynolds E.Thomas Pocord Dean Anderson MANAGER: Richard H.H.WMaet Mr. Bill Sanders Agland Inc. P.O. Box 338 Eaton, Colorado 80615 Re: Service Commitment Dear Mr. Sanders; This letter is in response to your request that the Little Thompson Water District commit to provide domestic water service to a property located in Section 36, Township 4N, Range 68 West of the 6th Principal Meridian in Weld County Colorado. Further, this property is described as being approximately 1 1/4 miles east of I-25 with it's southerly boundary contiguous to Weld County Road 38. Currently, we have a 6" diameter water line located along the north side of Weld County Road 38 in the above described area with additional capacity available. I have enclosed a copy of our summer 1989 newsletter which makes note of our current tap fees and rates. I hope that this provides you with the information you asked for concerning our tap fees for various size water taps. We will commit to provide service to this property by means of any size tap you desire LESS than 2" in diameter. I£ you require service which would require a 2" or larger sized tap, please request this in writing along with your flow requirements and the District Directors will consider the request and advise you of their decision. Be advised that the tap fees included herein are subject to change without notice and this commitment fo'r service will expire one year from the date of this letter if the tap has not been purchased and installed by that date. If you have any questions, or should you need additional information, please contact our office. t Regatls, ' G..�-r. ‘ KR S Barry g s Opera 'Mr= `ervisor SIa �. .�,.y -d 150 HELD COUNTY, COLORADO, SOUTHERN PAW' 29 The potential native vegetation is dominated by western wheatgrass and blue grama. Buffalograss is also present. Potential production ranges from 1,000 pounds per acre in favorable years to 600 pounds in unfavorable years. As range condition deteriorates, a blue grama-buf- falograss sod forms. Undesirable weeds and annuals in- vade the site as range condition becomes poorer. Management of vegetation of this soil should be based on taking half and leaving half of the total annual produc- tion. Range pitting can help in reducing runoff. Seeding is desirable if the range is in poor condition. Western wheatgrass, blue grama, sideoats grama, buffalograss, pu- bescent wheatgrass, and crested wheatgrass are suitable for seeding. The grass selected should meet the seasonal requirements of livestock. It can be seeded into a clean, firm sorghum stubble, or it can be drilled into a firm prepared seedbed. Seeding early in spring has proven most successful. Windbreaks and environmental plantings are generally well suited to this soil. Cultivation to control competing vegetation should be continued for as many years as 42—Nunn clay loam, 1 to 3 percent slopes. This is a possible following planting. Trees that are best suited and deep, well drained soil on terraces and smooth plains at have good survival are Rocky Mountain juniper, eastern elevations of 4,550 to 5,150 feet. It formed in mixed allu- redcedar, ponderosa pine, Siberian elm, Russian-olive, and vium and eolian deposits. Included in mapping are small, hackberry. The shrubs best suited are skunkbush sumac, long and narrow areas of sand and gravel deposits and lilac, Siberian peashrub, and American plum. small areas of soils that are subject to occasional flooding. Wildlife is an important secondary use of this soil. The Some leveled areas are also included. cropland areas provide favorable habitat for ring-necked Typically the surface layer of this Nunn soil is grayish pheasant and mourning dove. Many nongame species can brown clay loam aobut 9 inches thick. The subsoil is light , be attracted by establishing areas for nesting and escape brownish gray clay loam about 14 inches thick.The upper cover. For pheasants, undisturbed nesting cover is essen- part of the substratum is light brownish gray clay loam. tial.and should be included in plans for habitat develop- The lower part to a depth of 60 inches is brown sandy ment, especially in areas of intensive agriculture. Range- loam. .,,.,,- land wildlife, for example, the pronghorn antelope, can be Permeability is moderately slow. Available. water attracted by developing livestock watering facilities, capacity is high. The effective rooting depth is g0 inches managing livestock grazing, and reseeding where needed. or more. Surface runoff is medium, and the erosion This soil has fair to poor potential for urban develop- hazard is low. ment. It has moderate to high shrink swell, low strength, In irrigated areas this soil is suited to all crops com- and moderately slow permeability. These features create monly grown in the area, including corn, sugar beets, problems in dwelling and road construction. Those areas beans, alfalfa, small grain, potatoes, and onions. An exam- that have loam or sandy loam in the lower part of the ple of a suitable cropping system is 3 to 4 years of alfalfa substratum are suitable for septic tank absorption fields followed by corn, corn for silage, sugar beets, small grain,.. and foundations. Some areas of this soil are adjacent to or beans. Generally such characteristics as the,high clay. . streams and are subject to occasional flooding. The poten- content or the rapidly permeable substratum'slightly tial is fair for such recreational development as camp and restrict some crops. - picnic areas and playgrounds. Capability subclass IIe ir- All methods of irrigation are suitable, but'furrow ir- rigated, IIIc nonirrigated;Clayey Plains range site. rigation is the most common. Proper irrigation water management is essential. Barnyard manure and commer- cial fertilizer are needed for top yields. In nonirrigated areas most of the acreage is in small grain and it is summer fallowed in alternate years. Winter wheat is the principal crop. The predicted average yield is 33 bushels per acre. If the crop is winterkilled, spring wheat can be seeded. Generally precipitation is too low for beneficial use of fertilizer. Stubble mulch farming, striperopping, and'-minimum til- lage are needed to control soil blowing and water erosion. (511.10 G 'f lf,a. '11,••: , v v -13 jy 1 � ''`� +`P f'/ i, i s '� n ,, 4 :kv M1 �11'ry� ,,,. ..,,,...„7,-04:i009,4 a�� -TT k •�N yp)p',a fn g h k ' S ._.RSA ri''' a. re # S`"' 1 J .� ,m. ay ! m _ O �� tit +Gl i d' '� lis ' ry n 'm ] .Y �y f ! 1 " Y m a 0 Q E yf 4%..,, G f 1t ! U +r1 to rY ,� f .^+.� y 1 o o wO ' a 3ar' ,. .,:I t 3 a a .+e. s & a e�' / k ♦ fit- 't # 'it L o 444.3 9 V �• � i / `�.�` .,,. � *4� 114 � '/� �^ 5 yn ,fit wy s xr •,,t‘,4-+_„1-T �Y�1► '� � 'a'4 ;1. ,''i t r' 11 o b r � s emu' N L. d ) ^. . V }1 A `f :-•• 2 1i ?"' 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R �f o V v a 'N b'1 IN£'1 91 ..Qty AR221641.T B 1268 REC 02218467 06/29/90- 08:44 bS.00 1/001 F 0809 NARY ANN FEUERSTEIN CLERK 'r•' RECORDER WE CO, CO -. �- • ' PtsttSONAL REPRESENTATIVE'S DEED (Testate Estate) r •, WIT-LIAM NYCItE I State Docu entary7 Fee THIS DEED,is made by IDate....64/44`.?../.70 as Personal Representative of the Estate of HE EN NYGREN AKA HELEN RUTH NYGREN deceased,Grantor, $ l� ' 00 to DE N-S A. SEEIS9ID and CAROLYN I, SEEI4AID, as , joint tenants and not tenants in camnn ,Grantee, whose legal address is 18442 Weld Cotmty Road 13. ;J 'i -, Johnstown. Colorado 80534 , ,,.; WHEREAS,the above-named decedent in his lifetime made and executed his ;: Last Will and Testament dated May 12 .— 19_a_,which Will was duly admitted to(smogs(inhuman)probate on NOVHilber 12 , 19-ail_ ,by the District Court in and for the County - of Boulder ,and Slate of Colorado,Probate No. 86 PR 405-3 ; WHEREAS,Grantor was duly appointed Personal Representative of said Estate on November 12, , 19 R6 ,and is now qualified and acting in said capacity. NOW,THEREFORE,pursuant to the powers conferred upon Grantor by the Colorado Probate Code.Grantor does hereby sell, convey, assigtransferr} ddset over unto Grantee(in joint tenancy)* (for and in consideration of , lnatd[ed eighty Dollars)! • traeeaalaaeadtiWlyi the following described real property situate in the County of ,`I 1:7r 7r+id ' ,State of Colorado: �� SW 3/4 Section 36-4N-6814 and 200 units of Northern Colorado Water Canaervancy:Diatiigt, '3/4•share'of IhigitlanctDttcht:C9. •S1i3Ileres"of41ae=7ish' 't Refer •ni• Bitctn Co. and 5 shares of Farmers Intension Ditch Co. Also included is 1 water tap from the Little Thampsan Water Co. - also known by stmet and number as 5083 Weld Caatty Road 38 ' Platteville, CO 80651 With all appurtenances,subject to covenants,easements and mstrictionaofrecord,and subject to PmPatYhxa .l for the year I9_911._.and subject to the reservatiea of all lights to any all minerala, . t :y ores and metals of any kind and character;and all coal,' asphaltum, oil gels or Other like substance in"or under said lard, the right of ingress and egress for a the purposes of mining, together with ent gh of the surface of the sews as may a be necessary for the proper and convenient corking of such minerals and substances as contained in Patent from the STATE OF ODTJJRAD0 recorded JULY 12, 7979 in BOOK ,i 875 at PASTE 1796675.aud subject to endeting tenenciee, t The Grantee, or either of them, is riot the'spouse, agent or attorney ag tLe Pet acnnal Representative of arry corporation ar trust th the Pereaml•Repra ".,1 j� St trAs used heraein,thesngular includes the pluraland Ilse!masculine geodarthe kmiomearndemingeadersaatlkaab+a v ,z mry require. a.: '*7 Executed , 19 '. l i { ), s v x.-xt, +a', x°k. as Personal RapmenuUeO + .y ! Y ,S� d &ate of '�en��.ARA Rejea Youth,N►rg)[ea/ �f.Y �A( {�.f f+ �i"�uq/1�+ [ r De001a0d r let it r I )i5 A }! i g�f ‘b7�OPCOtARA O �e, �, �CDUtgTY OP° raid. Carry irit nwnl rra acknowledged 6oAra ma In ohgoy Jura 19 4Q ."'/f' 4d� ,$Mlle of CndO1edt1.Ihl1.4nii1�dQt of"�uw,m - steam s,RepreseMattse of tha&tee - ) + : ,k14. Ij . ssjstt r u P U k„ 'l r — hose • Cdr ' <a , ' s ( ►1MIIIIOd • _ I �� 'it: b' i• • ,.)� fi, _ ;tlC.40,M 1144,' M:aaAIPRRA7da7arettli nl anaaanawwawrKMM..,tew.►mws-owroMw - r COMMERCIAL LEASE AND EXCLUSIVE OPTION TO PURCHASE 1. PARTIES. This Commercial Lease and Exclusive Option To Purchase, hereinafter referred from time to time as "agreement", is made by and between Agland, Incorporated, an incorporated Colorado cooperative association, with its principal place of business located at 260 Factory Road, Eaton, Colorado 80615, hereinafter referred to from time to time as "Tenant", and Dennis A. Seewald and Carolyn I. Seewald with an address of 18442 Weld County Road 13, Johnstown, Colorado 80534, hereinafter referred to from time to time collectively as "Landlord". 2. DESCRIPTION OF LEASED PREMISES AND OTHER PROPERTY. a. Landlord hereby leases to Tenant for the term, at the rental, and upon all the conditions set forth herein, that certain real property and all improvements thereon, located in the County of Weld, State of Colorado, and with a legal description of: A tract of land located in the East Half of the Southwest Quarter of Section 36, Township 4 North, Range 68 West of the Sixth Principal Meridian, Weld County, Colorado and being more particularly described as follows: Beginning at the south quarter corner of said Section 36, monumented by an existing 1/2" rebar, and considering the south line of said Southwest Quarter to bear North 89°09'45" West, with all other bearings contained herein being relative thereto: Thence North 89°09 '45" West, 1002 .47 feet along said south line; Thence North 55°01'42" East, 1234.52 feet to a point on the north-south centerline of said Section 36; Thence South 00°44 '02" West, 722.31 feet to the point of beginning; Containing 8. 311 acres, more or less. b. Landlord leases to Tenant the railroad spur, scale, scale house and other like pieces of property contained in or on the above described property or affixed thereto, along with all equipment and property contained therein as set forth in Attachment "A", a copy of which is attached to this agreement and incorporated herein by reference. c. Properties described in this Item 2 are collectively a w/90.kuvgvn..0 1 referred to in this agreement from time to time as "The Premises". 3. TERM AND POSSESSION. The term of this agreement shall be for five (5) years, commencing , and continuing until midnight , unless earlier terminated as provided herein. Time is of the essence for Tenant to take possession of The Premises. Any occupancy by the Tenant prior to the beginning of the term, in order to install fixtures, facilities or equipment shall be rent free. Tenant shall deliver at the expiration of the term, or sooner upon termination as hereinafter provided, The Premises in the same condition as received, except for ordinary and reasonable wear and tear. Tenant shall remove, at Tenant's expense, Tenant's inventory, furniture, equipment, apparatus, machinery, signs, notices, displays, fixtures and buildings installed or constructed by Tenant, personal property and the like from The Premises. 4 . RENT. Tenant shall pay as rent for The Premises the amount of $7,500.00 in advance on the first day of each year of the term of this agreement, for a total yearly rental of $7,500.00. All rental payments made pursuant to this agreement shall be mailed to the Landlord at 18442 Weld County Road 13, Johnstown, Colorado 80534 or at such other place as the Landlord shall reasonably direct Tenant in writing. 5. USE. The Premises shall be used and occupied as Tenant, in its sole discretion, may determine. Subject to the terms and conditions of this agreement, Tenant shall quietly have and enjoy the use of The Premises during the term of this agreement without disturbance from Landlord or from any one claiming by, through or under Landlord. Tenant shall comply with all laws, ordinances, orders, regulations and lawful directions of all governmental authorities having jurisdiction over The Premises (or the use or occupation thereof) that shall impose any duty or obligation upon Tenant and the premises (or the use or occupation thereof) , including the procurement of any licenses or permits. 6. CASUALTY PRIOR TO POSSESSION OF PREMISES BY TENANT. In the event The Premises shall be damaged by fire or other casualty prior to possession of The Premises by Tenant, Landlord shall be obligated to repair the same within thirty (30) days of possession by Tenant and Tenant shall not be required to pay any aeuervocuecnin.4 2 0150 0 sums as may be required pursuant to this agreement. In the event such damage is not or cannot be repaired within said time, this agreement may be terminated at the option of Tenant and all payments and things of value received hereunder by Landlord shall be returned to Tenant. Should Tenant elect to carry out this agreement despite such damage, Tenant shall be entitled to any insurance proceeds resulting from such damage. Should any equipment, fixtures, or services, or Items described in this agreement, including but not limited to those items set forth in Attachment "A", fail between the date of this agreement and the date of possession by Tenant, then Landlord shall be liable for the repair or replacement of such equipment, fixtures, or services, or items described in this agreement, including, but not limited to, those items set forth in Attachment "A", with a unit of similar size, age and quality, or an equivalent payment to Tenant by Landlord. 7. EMINENT DOMAIN. In the event any portion of The Premises shall be taken or condemned for public use, Tenant may cancel and terminate this agreement by serving upon the other party a written notice of its intention to do so within thirty (30) days after the condemnation proceedings shall be completed. Tenant shall have the right to be represented in the condemnation proceedings and to make claim against the condemnor for the amount of damage done to Tenant's leasehold estate and interests that Tenant may have pursuant to this agreement. Tenant may assert against the condemnor any claim Tenant may have for its property damaged, destroyed or reduced in value by reason of the condemnation and for the expenses incurred by Tenant in removing its property from the property condemned. 8. MAINTENANCE, REPAIRS, ALTERATIONS, AND ADDITIONS. a. Following possession of Tenant. Tenant shall make and pay the costs of all reasonable and necessary repairs to The Premises. b. Alterations and Additions. Tenant may make alterations, improvements, and additions in, on or about The Premises without Landlord's consent. As an example and by way of illustration only, Tenant may construct buildings, put in a road bed and construct and install bulk storage facilities for grain, beans, petroleum and fertilizer. Tenant may erect such identifying signs as it, in its sole discretion, may deem appropriate. 9. LANDLORD'S RIGHT OF ENTRY. Landlord, or any of its agents or employees, shall have the right to enter The Premises during all reasonable hours, to examine and inspect the same and to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort, or preservation thereof. 1C } oeAeAompaek n s 10. INSURANCE. Tenant shall, at Tenant's expense, obtain and maintain during the term of this agreement a policy of comprehensive public liability insurance insuring against any liability arising out of the ownership, use, occupancy, or maintenance of The Premises. Such insurance shall be in an amount of not less than $300,000.00 for injury or death of one person in any one accident or occurrence, and in an amount of not less than $300,000.00 for injury to or death of more than one person in any one accident or occurrence. At all times during the term of this agreement, Tenant shall also keep and maintain fire and hazard insurance coverage on The Premises, in an amount of not less than $30,000.00. 11. TAXES AND UTILITIES. a. Taxes. Landlord shall pay any and all real and personal property taxes arising from Landlord's use or possession of The Premises prior to Tenant's possession of The Premises. For taxes arising from and during Tenant's occupancy and possession of The Premises during the term of this agreement, Tenant agrees to reimburse Landlord for real property taxes based upon the following formula: The amount of the rented acres (8.31) divided by the total acres included in the assessed valuation with the resulting percentage multiplied by the total real property tax of the total acres included in the assessed valuation. In addition, Tenant shall reimburse Landlord for any personal property taxes incurred by Landlord due to the scale located on The Premises. b. Utilities. Landlord shall pay for all water, gas, heat, light, power, telephone and other utilities and services supplied to The Premises, together with any taxes thereon, incurred or arising prior to Tenant's possession of The Premises. Tenant shall pay for all water, gas, heat, light, power, telephone and other utilities and services supplied to The Premises, together with any taxes thereon and incurred by Tenant following Tenant's possession of The Premises and during any term of this agreement. If any such services are not separately metered to Tenant, Tenant shall pay a reasonable proration, to be determined by Landlord and Tenant, of all charges jointly metered with other premises. 12 . ASSIGNMENT AND SUBLETTING. Tenant may assign, transfer, sublet, or otherwise transfer or encumber all or any part of Tenant's interest in this Lease or in The Premises without Landlord's prior consent. oaaereox4Novn..e 4 91.0.1.541.) Os 13. DEFAULT. The occurrence of any one or more of the following events, in the sole discretion of the non-defaulting party hereto, shall constitute a default and breach of this agreement: i. Vacating or abandonment of The Premises by Tenant; ii. Failure by Tenant to make any payment of rent or any other payment required to be made by Tenant after the same is due under this agreement; and iii. Failure by Tenant or Landlord to observe or perform any of the conditions or other provisions of this agreement where such failure shall continue except as otherwise provided herein, for a period of fifteen (15) days after written notice thereof. 14. REMEDIES IN DEFAULT. a. Termination. In the event of written notice of default to the defaulting party, and if such default is not cured by the defaulting party within thirty (30) days of the certified mailing of such notice of default to the address of Landlord or Tenant set forth above, the non-defaulting party may immediately terminate this agreement. b. Possession of Premises Following Termination. Except as otherwise provided herein, on or before the termination date, Tenant shall leave, vacate, and surrender The Premises to Landlord. 15. SUBDIVISION OF THE PREMISES. It is understood that The Premises, on or before January 1, 1993, will be subdivided from property presently owned by Landlord in accordance with the laws of the State of Colorado and consistent with the Weld County Comprehensive Plan or any other applicable federal, state, county or local statute, ordinance, rule or regulation. Tenant agrees to assist and cooperate with Landlord in such subdivision. Any costs incurred in the subdivision process pursuant to this Item will be paid by Landlord. In the event The Premises cannot be subdivided, for whatever reason, Tenant, in its sole discretion, may terminate this agreement and Landlord agrees that all payments and things of value, including rent, received hereunder shall be returned to Tenant. 16. CHANGES TO THE ZONING OF THE PREMISES. It is anticipated that changes to the zoning and uses permitted on The Premises may be required for Tenant to conduct business. In the event any change in the zoning and uses permitted on The Premises cannot be accomplished by Tenant on or before January 1, 1992, for whatever reason, then Tenant, in its sole discretion, may terminate this agreement and Landlord agrees that all payments and things of value, including rent, received hereunder shall be returned to Tenant. Landlord agrees to assist and cooperate with Tenant in any such changes to the zoning and uses permitted on The Premises. Any costs incurred pursuant to this Item will be paid by Tenant. 17. OPTION TO PURCHASE THE PREMISES. a. Landlord gives and grants to Tenant an exclusive option to purchase The Premises, all property described in Item 2, including the property listed in Attachment "A" attached hereto and incorporated herein, all of which are collectively referred to as "The Premises" . Such option may be exercised by Tenant at any time during the term of this agreement and notice must be received by Landlord in writing during such period of time of Tenant's intent to exercise such option. Within sixty (60) days of Landlord's receipt of Tenant's notice to exercise such option, Tenant shall pay Landlord: $75,000.00 less any payments paid to Landlord pursuant to paragraph 4 . Landlord shall deliver The Premises described above including all water and water rights, oil, gas and other minerals in, upon, and under The Premises which Landlord owns as of the date of this agreement, to Tenant in fee simple, free and clear of all liens or other encumbrances including any and all liens for special improvements installed as of the date of closing on the option whether assessed or not, by a good and sufficient deed of conveyance in the form of a warranty deed and bills of sale. The form of such warranty deed and bills of sale shall be determined by Tenant, in its sole discretion. Any costs including, but not limited to, title insurance, shall be paid by Landlord and such insurance shall be obtained from a title insurance company as may be determined by Tenant. Except as otherwise provided herein, all matters affecting The Premises shall be adjusted pro rata to the day of the transfer of title. The date, time and place of closing shall be determined by Tenant, in its sole discretion. b. Except as provided herein, if title is not merchantable and written notice of defect(s) is given by Tenant or Tenant's agent to Landlord or Landlord's agent on or before the date of closing, Landlord shall use reasonable effort to correct said defect(s) prior to the date of closing. If Landlord is unable to correct said defect(s) on or before date of closing, at Landlord's option and upon written notice to Tenant or Tenant's agent on or before date of closing, the date of closing shall be extended thirty (30) days for the purpose of correcting said defect(s) . c. Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this transaction or from any other source. However, Landlord shall not further encumber, mortgage, sell, or convey The Premises or any part thereof at any wwft c laumw 6 i time during the term of this agreement. d. Time is of the essence in the event Tenant elects to exercise its option to purchase. If Landlord is in default of this Item, Tenant may elect to treat this agreement as terminated, in which case all payments and things of value, including rent, received hereunder shall be returned to Tenant and Tenant shall have the right to an action for specific performance or damages, or both. e. Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this agreement and pursuant to this Item, the court may award to the prevailing party all reasonable costs and expenses, including attorneys' fees. 18. USE OF HAZARDOUS MATERIALS. Landlord warrants Landlord has not used Hazardous Materials on, from, or affecting The Premises in any manner which violates federal, state, or local laws, ordinances, rules, regulations, or policies governing the use, storage, treatment, transportation, manufacture, refinement, handling, production, or disposal of Hazardous Materials, and that, to the best of Landlord's knowledge, no prior tenant, subtenant, occupant, prior subtenant, or prior occupant or owner has used Hazardous Materials on, from, or affecting The Premises in any manner which violates federal, state, or local laws, ordinances, rules, regulations, or policies governing the use, storage, treatment, transportation, manufacture, refinement, handling, production, or disposal of Hazardous Materials previously or presently in existence. Landlord and Tenant recognize that an environmental audit has taken place concerning The Premises and that it is believed any environmental concerns that were identified pursuant to such audit have been adequately and properly addressed and remedied. 19. LANDLORDS NOTICE OR VIOLATION. Landlord warrants Landlord has never received any notice and Landlord is not aware of any violations of federal, state, or local laws, ordinances, rules, regulations, or policies governing the use, storage, treatment, transportation, manufacture, handling, production, or disposal of Hazardous Materials, involving The Premises and, to the best of Landlord's knowledge, there have been no actions commenced or threatened by any party for noncompliance therewith. 20. INVESTIGATION FOR HAZARDOUS MATERIALS, PAYMENT OF COSTS, AND HOLD HARMLESS AND INDEMNIFICATION. Landlord shall, for any violation of any federal or state statute or regulation involving Hazardous Materials, refined fuels, or petroleum products and arising out of any event or events prior to the execution of this agreement (i) conduct and complete all investigations, studies, sampling, and testing, and (" 01.ta0 aaaeiso:durdun.i 7 all remedial, removal and other actions necessary to clean-up and remove all Hazardous Materials, on, under, from, or affecting The Premises in accordance with all applicable federal, state, and local laws, ordinances, rules, regulations, and policies, to the satisfaction of Tenant, and in accordance with the orders and directives of all federal, state, and local governmental authorities, and (ii) defend, indemnify, and hold harmless Tenant, its employees, agents, officers, and directors, from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs, or expenses of whatever kind or nature, known or unknown, contingent or otherwise, arising out of, or in any way related to (1) the presence, disposal, release, or threatened release of any Hazardous Materials on, over, under, from, or affecting The Premises or the soil, water, vegetation, buildings, personal property, persons, or animals thereon; (2) any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Materials; (3) any lawsuit brought or threatened, settlement reached, or government order relating to such Hazardous Materials; and/or (4) any violation of laws, orders, regulations, requirements, or demands of government authorities, which are based upon or in any way related to such Hazardous Materials including, without limitation, attorney's and consultant's fees, investigation and laboratory fees, court costs, and litigations expenses. 21. DEFINITION OF HAZARDOUS MATERIALS. For purposes of this agreement "Hazardous Materials" includes without limitation, any flammable materials, explosive, hazardous or toxic substance, or related materials defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as now or hereafter amended (42 U.S.C. Sections 9601, et sea. ) , the Hazardous Materials Transportation Act, as now or hereafter amended (49 U.S.C. Sections 1801, et sea. ) the Resource Conservation and Recovery Act, as now or hereafter amended (42 U.S.C. Sections 9601, et seq. ) and in the regulations promulgated pursuant thereto, or any other federal, state, or local governmental law, ordinance, rule, or regulation. 22. WAIVERS. No waiver by Landlord or Tenant of any provision hereof shall be deemed a waiver of any other provision of this agreement or any subsequent breach by Tenant of the same or any other provision. 23. CONTROLLING LAW. This agreement shall be construed and interpreted in accordance with the laws of the State of Colorado. Any action to enforce the terms of this agreement may be brought in the county and state in which The Premises are located. 0-31 .50 aaem:ruWnin.w 8 - d 24. HOLDING OVER. If Tenant shall continue to occupy and continue to pay rent for The Premises after the expiration of this agreement with or without the consent of the Landlord and without any further written agreement, Tenant shall be a Tenant from month-to-month at the monthly rental of the last full monthly rent payment due pursuant to this agreement and shall be subject to all of the additional rentals, terms and conditions herein set forth, including the option to purchase set forth herein. 25. SEVERABILITY. Should any provision or provisions of this agreement be illegal or not enforceable, it or they shall be considered separate and severable from this agreement and its remaining provisions shall remain in force and be binding upon the parties hereto as though the said provision or provisions had never been included. 26. MODIFICATION. This Commercial Lease And Exclusive Option To Purchase may not be modified except by a writing signed by authorized representatives of the parties hereto. 27. BINDING EFFECT. The terms, provisions and agreements contained in this agreement shall apply to, be binding upon, and inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns. Unless this document otherwise requires, the agreements and covenants herein shall survive the transfer of title. 28. NOTICES. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered when actually received by Landlord or by Tenant, as the case may be, at the addresses set forth above, or at such other addresses as they have theretofore specified by written notice delivered in accordance herewith. 29. ITEM HEADINGS. All item headings and titles are for convenience only and shall in no way be held to explain, modify, amplify or aid in the interpretation of the provisions hereof. 30. FILING OF MEMORANDUM. It is agreed and understood a Memorandum of this agreement may be filed of record by Tenant and Landlord agrees to sign any necessary documents to accomplish the same as may be required by 0 a.aeivo:�u�cren.w 9 C 1..,3'.. Tenant. 31. ENTIRE AGREEMENT. This agreement supersedes any and all other prior understandings and agreements, either oral or in writing, between the Parties hereto with respect to the subject matter hereof and constitutes the sole and only agreement between the Parties with respect to said matters. Each Party to this Agreement acknowledges that no representations, inducements, promises or other agreements, orally or otherwise, have been made by any party or by anyone acting on behalf of any party, which are not embodied herein and that no agreement, statement or promise not contained in this agreement shall be valid or binding or of any force or effect. 32. ADVICE OF COUNSEL. Both parties acknowledge that they had an opportunity to seek the advice of legal counsel and that they are entering into this agreement voluntarily of their own free will. It is further agreed and understood that Ted T. Svitaysky and members of the law firm of Corporon, Keene & Hoehn are counsel to Tenant and not to Landlord. 33. AUTHORITY TO CONTRACT. The undersigned warrant they have been given the authority to enter into this Commercial Lease on behalf of the parties hereto. WHEREFORE, the parties hereto have executed this Commercial Lease And Exclusive Option To Purchase in duplicate this day of , 1990. Tenant: Agland, Incorporated By: General Manager, Bill Sanders Landlord: Dennis A. Seewald and Carolyn I. Seewald Dennis A. Seewald Carolyn I. Seewald 1,� i ontsmakinnt w 10 O ATTACHMENT "An A r.;eA r" ' aAe/s0AcINO ..d 11 Hello