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Rec. No.__1592/1$.�_ ' Q Lt/�retfni
RESOLUTION al —I senv
State of Colorado, Weld County Clerk G Recorder
RE: APPROVAL OF SUBDIVISION EXEMPTION NO. 104 - ARTHUR STAN-
' LEY/AGLAND, INC.
WHEREAS, the Board of County Commissioners of Weld County,
O
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 of Weld County,
Colorado has reviewed the request of Arthur Stanley / Agland, Inc.
ofor an exemption from the definitions of "subdivision" and "sub-
divided land" in Section 30-28-101 (10) , CRS 1973, as amended,
r
Cr and Section 2-1 of the Weld County Subdivision Regulations, and
h WHEREAS, the Board of County Commissioners finds that
Arthur Stanley is the owner of a certain parcel of land located
in Part of the East Half of the East Half of Section 19 , Town-
ship 6 North, Range 65 West of the 6th P.M. , Weld County, Colorado,
being more particularly described as follows :
A tract of land located in the Northeast
Quarter of the Southeast Quarter and the
Southeast Quarter of the Northeast Quar-
ter of Section 19 , Township 6 North,
Range 65 West of the 6th P.M. , Weld County,
Colorado, described as follows:
Eginning at the East Quarter Corner of
said Section 19 and considering the East
line of the Southeast Quarter of said
Section 19 as bearing South 00°43 ' 30"
West, with all other bearings contained
herein relative thereto;
Thence South 00°43 '30 " West, along the East
line of the Southeast Quarter of said Section 19,
151 .00 feet; Thence North 89°16 '30 " West,
108 . 77 feet to a point on the Easterly
right-of-way line of the Union Pacific Rail-
road, said point being the TRUE POINT OF
BEGINNING.
Thence North 08°18 ' 00" West, along the
Easterly right-of-way line of the Union Paci-
fic Railroad, 638. 83 feet; Thence North
81°42 ' 00" East, 168. 89 feet; Thence South
00°39 '12" East, 506 . 56 feet; Thence South
00°43 ' 30 " West, 646 .93 feet; Thence North
08°18 '00" West, 502 . 15 feet to the TRUE
POINT OF BEGINNING, said parcel containing
2. 302 acres, more or less, and is subject to
any rights-of-way or other easements as granted
or reserved by instruments of record or as
now existing on said described parcel of land.
Agland, Inc. currently leases the abovedescribed parcel from
Arthur Stanley. Mr. Stanley is now ready to dispose of said
790859
�� 881 1802118
parcel to Agland, Inc. This subdivision exemption will separate
the abovedescribed parcel from Lot B of Recorded Exemption No. 306
previously approved by the Board of County Commissioners.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the abovedescribed parcel
be, and hereby is, declared to be exempt from the definitions of
"subdivision" and "subdivided land" as set forth in Section
30-28-101 (10) , CRS 1973, as amended, and Section 2-1 of the Weld
County Subdivision Regulations and further finds that said parcel
shall be considered a single lot.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 5th day of
September, A.D. , 1979 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Norman Carlson, Chairman
Lyddfq�—" 2,�/ (Aye)
Dunbarr,
(1?1, 17t-cy. (Aye)
C. W. Kirby
eto-out 4 11/41# (Aye)
Leonard L. Roe
ABSENT DATE PRESENTED (Aye)
June K. Steinmark
ATTEST: (Luj an,. . TeLU / 1/
�r
Weld County Clerk and Recorder
and C1erk ;to, the Board
Y , '" 6-LD
1 e aunty Cl k
/ f
LAPP AS TO
County Attorney
DATE PRESENTED: SEPTEMBER 10 , 1979
SUBDIVISION EXEMPTION
PLOW SHEET
•
County Commissioners Meeting Date: S' ‘4119
Applicant: k1(\-\\1/4,,,r Ce� Q� ` TCase #: SAE 104
Legal Description: �I� et et- w G� ,� I \ �p,�7• `I� ‘Q51/4A-3
•
Location: / \M\\e... souk-41/4-v) 1..1A.Celrtve� w.Q,o r-
Sae, Co R.d• VI • Date By
Application Received 4Ve kt10 ttl.tt AUG 3 1979
AUG 7 1979 AUG 8 1979
Application Complete
Letter to Applicant Drafted AUG 8 1979 .
SE# Assigned
AUG 8 1979
Air Photo Map Prepared •
Chaindexed
Applicant Notified • — I� /
Legal Approved by County Attorney ' Q612.1).7q
1 1
Field Check by D.P.S. 'Staff Qv 1gy
D.P.S. Recommendation Drafted • `' 2 +g
D.P.S. Recommendation Typed _9• 4-1q Csc
Packets Xeroxed •
' History Card - Completed
61.03
•
•
•
TO: Board of County Commissioners Date September 5, 1979
Subdivision Exemption it 104
•
Applicant: Arthur Stanley/Agland, Inc.
The owners of the following described property have requested an
exemption from Section 2-1 of the Weld County Subdivision Regu-
lations adopted August 30, 1972, which defines the term subdivi-
sion:
Pt . E1Ei Section 19, T6N, R65W of the 6th P.M. , Weld County, Colorado
The Planning Department has reviewed this request and recommends
that the request be Approved for the following reasons:
DOES DOES NOT
X Require water
•
X Require sewer
X Create traffic problems
X Fall in flood plain
X Agree with Planning Commission policy
X Create housing
X Agree with surrounding land use
X Meet all known requirements
COMMENTS:
The 2. 3 acre parcel under consideration is adjacent to property currently
leased by Agland, Inc. , from Union Pacific Railroad Company. The leased
railroad right-of-way is utilized as the main Agland bulk fuel plant . Upon
installation of several large propane tanks in 1973 and 1974, Agland leased
the 2. 3 acre parcel from Arthur Stanley in order to insure appropriate
setbacks of these fuel tanks from any other potential construction along the
eastern edge of the railroad lease. The lease from Stanley in 1973 contem-
plated ultimate sale of the property to Agland. Mr. Stanley has recently
moved into Greeley for health reasons and is now ready to dispose of the 2.3
acres to Agland. Subsequent to Agland' s lease of the 2. 3 acre parcel from
Arthur Stanley, Recorded Exemption #306 was approved by the Board of County
Commissioners on the property. This Subdivision Exemption will senarate the
2. 3 acre parcel from Lot B of Recorded Exemption #306. Agland plans no
• additional residential building on the property. The Eaton Fire Protection
has recommended approval of this request . The reasons for its recommendation
are contained in a letter dated August 20, 1979. A copy of the letter is in
the attached materials.
(13)\J2 C-1 r; • !
Zoning Administrator 1J
TO: Board of County Commissioners Date September 5, 1979
Subdivision Exemption # 104
Applicant: Arthur Stanley/Agland, Inc.
The owners of the following described property have requested an
exemption from Section 2-1 of the Weld County Subdivision Regu-
lations adopted August 30, 1972, which defines the term subdivi-
sion:
Pt . EzE'i Section 19, T6N, R65W of the 6th P.M. , Weld County, Colorado
The Planning Department has reviewed this request and recommends
that the request be Approved for the following reasons:
DOES DOES NOT
X Require water
X Require sewer
X Create traffic problems
X Fall in flood plain
X Agree with Planning Commission policy
X Create housing
X Agree with surrounding land use
X Meet all known requirements
COMMENTS:
The 2. 3 acre parcel under consideration is adjacent to property currently
leased by Agland, Inc. , from Union Pacific Railroad Company. The leased
railroad right-of-way is utilized as the main Agland bulk fuel plant. Upon
installation of several large propane tanks in 1973 and 1974, Agland leased
the 2. 3 acre parcel from Arthur Stanley in order to insure appropriate
setbacks of these fuel tanks from any other potential construction along the
eastern edge of the railroad lease. The lease from Stanley in 1973 contem-
plated ultimate sale of the property to Agland. Mr. Stanley has recently
moved into Greeley for health reasons and is now ready to dispose of the 2 . 3
acres to Agland. Subsequent to Agland' s lease of the 2. 3 acre parcel from
Arthur Stanley, Recorded Exemption #306 was approved by the Board of County
Commissioners on the property. This Subdivision Exemption will senarate the
2. 3 acre parcel from Lot B of Recorded Exemption #306. Agland plans no
additional residential building on the property. The Eaton Fire Protection
has recommended approval of this request . The reasons for its recommendation
are contained in a letter dated August 20, 1979. A copy of the letter is in
the attached materials.
Q.r
Zoning Administrator y
s .
APPLICATION FOR SUBDIVISION EXEMPTION
PHONE: 356-4000 Ext . 404
Department of Planning Services, 915 10th Street, Greeley, Colorado
FOR PLANNING DEPARTMENT USE ONLY:
CASE NO. ¶E 1 ^ APPL. FEE 425 .00
„�,
ZONING DISTRICT CO .,vvro ►ell. RECEIPT NO. %Enbl
DATE AUG 7 1979 APPL. CHECKED BY Ca-C
TO BE COMPLETED BY APPLICANT: (Print or type only except for required
signatures) :
I (we) , the undersigned hereby request that the following described pro-
perty be exempted from the definition of the terms "subdivision" or
"subdivided land" in accordance with Section 2-1 A. (3 ) of the Weld County
Subdivision Regulations. by the Weld County Board of County Commissioners .
LEGAL DESCRIPTION:NE4 of SEa and Section 19 T 6 N, R 65 W
5E1/4 of NEa
Subject property is a tract of land located in the above re-
ferenced Section. See Exhibit "A" for complete legal description.
NOTE: That this same tract may also be described as a portion of
the E' of the E' of Sec. 19 , Twp. 6 N, Rge. 65 W. of the 6th P.M.
Weld County, Colorado, lying East of the Right of Way of the
Union Pacific Railroad Company and South of the Right of Way of
the New Cache La Poudre Irrigating Company.
Has this property been divided from or had divided from it any other
property since August 30, 1972? Yes No x
FEE OWNERS OF PROPERTY:
Name: Arthur E. Stanley (landlord)
Address:Box 24 , Lucerne , CO Phone 353-1857
Name: Agland, Inc . (tenant)
Address: 260 Factory Road, P.O. Box 338 , Eaton Phone 454-3391
Name: CO
Address: Phone
I hereby depose and state under the penalties of perjury that all state-
ments, proposals, and/or plans submitted with or contained within this
application are true and correct to the best of my knowledge.
COUNTY OF WELD
STATE OF COLORADO) G -gLw, ct_ „J>tzz
Signature: Owner or Autlj(S₹ ized Agent
Arthur E. Stanley
Subscribed and sworn to before me this / t C day of C 19 -77 .
SEAL - //yy �Q
✓L� a.
N a y Public )1
•
My Commission expires :
x
• O ny
All that part of the East Half (Eli of Section 19, Township 6 North , Range 65 Wrst of the
6th P.M. , Weld County, Colorado, lying East of the right-of-way of the Union Par ific
Railroad Company and South of the right-of-way of the New Cache La Poudre Irrigating
Company. EXCEPT right-of-way as described in instrument recorded in Book 1365, Page .1 1 Weld County Records,also EXCEPTING a parcel of land being more particularly described ,r,
follows :
A tract of land located in the Northeast Quarter of the Southeast Quarter (NE. SF',) and
the Southeast Quarter of the Northeast Quarter (SP.:) NE'.,) of Sect ion 19, Too-,nship 6 North ,
Range 65 West of the 6th P.M. , Weld County, Colorado being more particularly described
as follows:
Beginning at the East Quarter Corner (E'., Cod of said Section 19 and considering the East line of the SE'., of said Section 19 as hearing South 00° 41 ' 30" West, with all other
bearings contained herein relative thereto;
Thence South 00°43'30" Wett,;- along the East line of the SE:', of cal(' Section 1'}. HI . ue t , , ;
Thence North 89° 16 '30" West, 108. 77 feet to a point on the Easterly right-of-way et tho
Union Pacific Railroad, said point being the TRUE POINT OE BEGINNING;
Thence North 08° 18'00" West, along the Easterly right-of-way line of the IIniun Sir it Ic t
Railroad, 638.83 feet;
Thence North 81° 42'00" East, 168.89 feet;
Thence South 00°39 ' 12" East, 506.56 feet ;
Thence South 00°43'30" West, 646.93 feet;
Thence North 08°18'00" West, 502.15 feet to the TRUE POINT OF BEGINNING, said parcel
containing 2. 302 acres , more or less . Csee » ho4c °,-,,e I )
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SUBDIVISION EXEMPTION NO. 104
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Legal Description —'_ --
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A tract of land located in the Northeast
Quarter (NE1) of the Southeast Quarter (SEa)
and the Southeast Quarter of the Northeast
Quarter (SEA NE1) of Section 19, Township 6 ti t
North, Range 65 West of the 6th P.M. , Weld
County, Colorado, described as follows: a g ck
s!I!%L'
TRUE PO/NT 1 ,r-Av.7)', y M N.,
Beginning at the East Quarter Corner (E< Cor) cC ea/A/isww
of said Section 19 and considering the East line rt 0
of the SEh of said Section19 as bearing
South 00"43'30" West, with all other bearings a ^ h
contained herein relative thereto; o L
c
Thence South 00°43'30" West, along the East line 4 \
of the SE* of said Section 19, 151 .00 feet; %% b w
Thence North 89°16'30" West, 108.77 feet to a point c
on the Easterly right-of-way line of the Union Pacific Railroad, said
point being the TRUE POINT OF BEGINNING.
Thence North 08°18'00" West, along the Easterly right-of-way line of the h
Union Pacific Railroad, 638.83 feet; o
Thence North 81° 42'00" East, 168.89 feet; N
Thence South 00°39'12" East, 506.56 feet; s
Thence South 00°43'30" West, 646.93 feet; A
Thence North 08°18'00" West, 502.15 feet to the TRUE POINT OF BEGINNING, ti
said parcel containing 2.302 acres, more or less, and is subject to any
rights-of-way or other easements as granted or reserved by instruments of 8a
record or as now existing on said described parcel of land. h
Surveyor's Certificate
I do hereby certify that I have prepared t legal description.
y .
.�'`rr��° l`E
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Jasper F - 39: ,r
Colorado P. & L . No. 4392 o
July 23, 1979 f am*.
Project No. 1979-359-SE i""""o
K L...a„,iej or °u „..4:dock a M..JUN '' ' �,fl
loo 87:1
1.rip co .,
Lite ul Cola lo, Weld Clerk G Ferrer{cr
LEASE
I
THIS AGREEMENT, Made and entered into this 1st day of
Oct. , 1973, by and between Arthur E. Stanley , Post Office Box 24 ,
c‘e Lucerne, Colorado, hereinafter called Lessor , and Agland , Inc . ,
a Colorado corporation , Post Office Box 338 , Eaton , Colorado,
um hereinafter called Lessee , WITNESSETH:
rn
ri For the consideration of the rental hereinafter set forth
and upon performance of the obligations herein contained , the
Lessor does hereby grant , lease and let unto the Lessee and Les-
see does hereby lease from Lessor for use in connection with the
Lessee ' s business enterprises , the following described land in
Weld County , Colorado :
0
A tract of land located in the Northeast
Quarter
of the Southeast Quarter (NEISEI) and the Southeast
Quarter of the Northeast Quarter (SE*NE*) of Sec-
tion Nineteen (19) , Township Six (6) North , Range
.l4 Sixty-five (65) West of the Sixth (6th) Principal
Meridian , being more particularly described as fol-
lows :
Beginning at the East Quarter Corner (E*Cor) of said
Section 19 and considering the East line of the SEa
of said Section 19 as bearing South 00°43 '30" West ,
with all other bearings contained herein relative
thereto; thence South 00°43 ' 30" West , along the East
line of the SE* of said Section 19 , 151 .00 feet ; thence
North 89°16 ' 30" West , 108.77 feet to a point on the
Easterly right-of-way of the Union Pacific Railroad ,
said point being the TRUE POINT OF BEGINNING, thence
North 08°18 ' 00" West along the Easterly right-of-way
line of the Union Pacific Railroad, 638 .83 feet ;
thence North 81°42 '00" East , 168 .89 feet ; thence
South 00°39 ' 12" East , 506. 56 feet ; thence South 00°
43 ' 30" West , 646.93 feet ; thence North 08°18 '00"
West , 502. 15 feet to the TRUE POINT OF BEGINNING,
said parcel containing 2.302 acres , more or less .
The following terms and conditions , given for good and suf-
ficient consideration , and mutually agreed upon , shall control
this Lease :
1 . TERM OF LEASE : The Lease shall be for ten (10) years
from the date hereof and expire on the same day and month of
the date of execution hereof in the year 1983 .
2. OPTION TO RENEW: Lessee shall have the option to renew
the Lease for an additional ten (10) year term. This option
shall be exercised by giving at least sixty (60) days ' notice in
writing to the Lessor prior to the expiration of the initial ten
(10) year term. Notice shall be deemed to have been given three
(3) days after Lessee has deposited said notice in the United
States Mail , postage prepaid , addressed to the Lessor at his
address above set forth, or at any subsequent change of address
provided the Lessee is so notified.
3 . RENT: The Lessee shall pay the Lessor Eight Hundred Dol-
lars (800.00) annual rental for each year in advance . The Lessor
acknowledges receipt of the first annual rental . Each subsequent
annual rental shall be due and payable on the same day and month
as the date hereof for each subsequent year . This rental shall
be adjusted upon the terms set forth in the next succeeding para-
graph.
4. ADJUSTMENT OF RENT: The above rental shall be adjusted
annually in the event of increase of the Lessor ' s real estate taxes
on said property. The adjustment shall be accomplished by in-
BOO 'as 1'79-l:);2 ,{ a
creasing the annual rental due after an increase in the Lessor ' s
taxes , if any, on a per acre basis . An increase shall he deemed
to have occurred in the year in which said taxes are due , and
the increase in rent caused thereby shall be payable on the next
due date for rent payment . In addition , in the event the Lessee
ever exercises its right to construct improvements on the above-
described premises , the Lessee shall pay an additional rental
annually equal to the amount of crop loss suffered by the Lessor
as mutually agreed upon by the parties . In the event of any dis-
pute in this regard, the parties agree that the Lessor shall re-
ceive, on a per acre basis , the average net yield for the highest
yielding crop in the general area . Said increase in rent shall
be effective the first year that the Lessor is unable to farm the
above premises by reason of the Lessee ' s construction of improve-
ments , if any.
5. POSSESSION: The Lessor reserves the right to farm the
premises except for the existing access road approximately bi-
secting the premises as an access road to other parcels in the
possession of the Lessee and others . This right to farm the
premises is subject , however , to the right of the Lessee to con-
struct improvements , if they so desire , on the above-described
premises , provided the Lessee pays the increased rental provided
for in the previous paragraph.
6 . RIGHT OF LESSEE TO PURCHASE : In the event the Lessor
ever sells the farm, of which the above-described premises con-
stitute a part of , the Lessee shall have the right to purchase
the above-described premises upon the same per acre price for
land only for which the Lessor is selling the balance of his
farm. It is the intention of the parties hereto that the value
of the improvements of the Lessor ' s farm and water , if any , must
be first deducted from the total purchase price in order to de-
termine the per acre land value at the time of sale. The Lessee
shall have sixty (60) days after written notice from the Lessor
of his intention to sell within which to exercise this right of
first refusal to purchase the said 2. 302 acres upon said terms .
The closing shall be had within sixty (60) days after the Lessee ' s
proper notice of its intention to purchase the premises .
7 . RIGHT TO ASSIGN OR SUBLET PREMISES : The Lessee , provided
it is not in default , may assign this Lease or sublet this Lease
or any part thereof. The Lessee covenants not to assign this
Lease unless the proposed assignee shall simultaneously agree in
writing to assume and perform all the terms , conditions , covenants
and agreements contained herein and imposed upon the Lessee herein .
8 . LESSEE'S RIGHT TO TERMINATE: The Lessee shall have the
right to terminate this Lease on an annual basis by giving ninety
(90) days ' notice prior to the end of each anniversary date of this
Lease. In the event of such termination , the Lessee shall remove
all its improvements placed on the property, if any.
9 . MISCELLANEOUS:
A . The Lessor shall pay all taxes on the premises , pro-
vided however, should the Lessee construct improve-
ments on the premises, then the taxes assignable to
said improvements shall be paid by the Lessee.
B. At the expiration of this Lease , the Lessee agrees
to leave the premises in as good order and condition
as when they took possession of the same , ordinary
wear, uncontrollable loss or inevitable accidents ex-
cepted . In this regard, the Lessee shall be obligated
to remove any buildings or other improvements estab-
lished on the premises , if any , at the expiration or
this Lease .
2- ted .x
•
BOOK
873 Iv/9 X72 4-3
C. This Lease shall be binding upon the parties , their
heirs , executors , administrator or assigns and shall
be specifically enforceable by either party upon
default of the other .
IN WITNESS WHEREOF we have hereunto set our hands and seals
the day and year first above written .
•
r t
Arthur E. Stanley, cessor
AGLAND, INC. , Lessee
\‘iCORFC''‘,'
By _ , /. 1 ✓/ ` C�'
r-- �
\�c\; •••"••••.4' y President
co; �,..�4Tl1'E'6'ei
O .:
n xiezirae>...)
Secretary
P. L, CL
( '
0.'f-ONl '' C' C, , a
-3- 44
4'
AU ' " II ' P.O. BOX 338 303.454-3391
I `
EATON, COLORADO
60615
COOP August 2 , 1979
Weld County Department of
Planning Services
915 Tenth Street
Greeley , Co 80631
RE: Stanley Application for
Ammended Recorded Exemption
& Application for Sub-Division
Exemption
Dear Sirs:
I represent Agland, Inc. , a Colorado Corporation which
is the tenant of a certain tract of land located in Weld
County and owned by Arthur E. Stanley, landlord. A copy of
the Lease between these parties and recorded in the Weld
County records at reception number 1794572 is attached to
this correspondence.
The approximately two acres involved in this appli-
cation process are contiguous to and on the East side of
certain property currently leased by Agland from the Union
Pacific Railroad Company. A copy of the Railroad Lease
dated February 24 , 1977 , is also attached.
Agland, or its prime cooperative supplier , Farmland
Industries, has had an interest in the railroad right-of-
way for many years. At this time the leased railroad
right-of-way is utilized as the main Agland bulk fuel
plant for handling in excess of 15, 000 , 000 gallons of re-
fined fuel products per year . These products include pro-
pane or liquid petroleum gas for both agricultural and
rural heating uses; gasoline , and diesel fuel which supplies
approximately 3 ,000 of the Agland Co-op member-farmers lo-
cated throughout Weld County.
Upon installation of several large propane tanks in
1973 and 1974 , Agland leased the 2 acres involved in this
current application from the fee owner , Arthur Stanley, in
order to insure appropriate setbacks of these fuel tanks from
any other potential construction along the eastern edge of
the Railroad Lease. The Lease from Stanley in 1973 contem-
plated ultimate sale of the property to Agland and included
a provision allowing a first right refusal to the tenant.
1
/I\.
Weld County Department of
Planning Services -2- August 2 , 1979
Mr . Stanley has recently moved into the city limits of Greeley
for health reasons and is now ready to dispose of this two acres
to Agland . An offer for sale has been extended and has been
accepted by Agland.
Your favorable consideration of the Ammended Recorded
Exemption and Sub-Division Exemption are requested. Among
others, the following cogent reasons exist for permitting
the transfer of the subject property from Stanley to Agland.
First , this transfer will entail no additional residential
building at this location . Agland currently maintains an
adequate office space at the bulk plant facilities.
Secondly , the land involved is not efficient farm land
due to its shape. Reference to the attached plats indicate
that this triangular shaped acreage is no more than 170 feet
wide at its maximum and tapers to a point at the opposite
end . This makes farming of this portion difficult at best.
The third consideration is that the parcel in question
is located within an approximate one mile radius of the town
of Lucerne , Colorado. Any growth which does occur is there-
fore restricted to an established community in accordance
with the guidance of the weld County Comprehensive Plan.
Also, as noted , this property is immediately adjacent to
Union Pacific Railroad right-of-way . The Weld County Com-
prehensive Plan also provides the fourth consideration: it
is a policy objective that expansion and development of
agri-business and agriculturally oriented industry will be
encouraged provided that these do not adversely effect the
economy or environment. Agland is one of the State ' s
largest agricultural cooperatives, and is wholly owned by
its members who are agricultural producers. The Lucerne
Bulk Plant facility is directly tied to the area agricul-
ture as its main fuel source . Demands for agricultural
fuel have grown and are continuing to grow. It is the in-
tention of Agland to meet these increased needs. This
growth will undoubtedly eventually entail installation of
additional storage facilities at Lucerne. The subject
property is required for this expansion. From an environ-
mental standpoint, the Agland Bulk Plant is modern and
complies with all applicable fire and safety regulations.
The premises are maintained in a neat and orderly fashion.
The Planning and Zoning Commission is invited to tour these
facilities .
Weld County Department of
Planning Services -3- August 2 , 1979
The fifth and final consideration in favor of this ex-
emption is that acquisition of the Stanley property would
permit an additional fire access to the Bulk Plant. This
access has been suggested as advisable by local fire authori-
ties particularly if the storage capacity is expanded.
Your cooperation in reviewing these applications will
be appreciated . If any additional information is required
please feel free to contact me and it will be promptly sup-
plied.
Cordially,
Stephen C . Parker
Corporate Counsel
SCP : kam
encls.
4.
•
August 20, 1979
To Whom It May Concern:
The Eaton Fire Department has been informed by Agland
Incorporated that an application for Ammended Recorded
Exemption and Sub-Division Exemption involving approximately
two acres of land located east of and adjoining the present
Agland bulk fuel plant has been submitted to the Weld County
Department of Planning Services for consideration.
The Fire Department has been told by an Agland representative
that the property will be used to provide parking for vehicles
associated with the bulk fuel business, therefore, relieving
congestion at the plant. It is also understood that a second
entrance will be made allowing access to the plant from Weld
County road 39, at the north east corner of the property.
A parking facility that would help to eliminate congestion
within the plant, together, with an access from the north east
would definetly prove beneficial in the event of a fire or other
emergency at the plant. For this reason the Eaton Fire Department
recommends approval of the Ammended Recorded Exemption and Sub-
Division Exemption.
A. J. Bopp
Chief,
Eaton Fire Department
Approved: 4a4.7_,p GG j
D. A. Wilson
President 03p31
Eaton Fire Protection District ,4 4 coQ
cc: Bill Monson c AUG 1979 sOl
Dave Fagerberg rn 0 RECEIVED i
Jerry Smith O
Amos Finch ! Weld County oi
c� panning Commissioti
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FIELD CHECK
FILING NUMBER: SE 106r
" DATE OF INSPECTION: $I11 ( '-H
NAME: N rc ur SAY1\L , e\ a\ 1 •
REQUEST: S,�,o&\v\SIOY, EX"ew 1 'o n
LEGAL DESCRIPTION: -1/4-• Et. EZ 5 \ q 7(PN . 2.65W
)
LAND USE: N Vv.(
E T
s \ \ Yo.\
w R. . Row/ '35
ZONING: N aYymveyc\Q 1,
c
LOCATION: /') \in. A , a) -V\ E istyY ' c k\TUra \
d \-U.c2Yrye. \Am..0 - s "\cwkt to \
.0Sk6,e �zc3 2J1 w i\v \cu1.1 u-v.ral
COMMENTS: U
7\.),30 AcY2� Yo,c,A' \S n1/4.c�c 40
PX��\,:e N\�R. Copt hx\1;, -ru,�1 ptr .-* .
'Pcccess to__, A\ h\AW �I 'LS -tox\s-k4 , YoCot+
39 . to vG& 31 is 51/4_4.rroa \O-pc 10.-.
YY w... /VC i1Ck So, ket ft-Q.-
/ ti �\ av U UP 3 CI-- r% .
7
BY: c caeuvvisile,,
ce
DEPARTMENT OF PLANNING SERVICES
PHONE (303)35613000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
� ; SE-104
G M F ® CASE NUMBER
cam- • 1 •
COLORADO
REFERRAL
TO WHOM IT MAY CONCERN:
Enclosed is an application from Arthur Stanley, et al
for a subdivision exemption
The parcel of land is described as Pt . EfE1 Section 19, T6N, R65W
The location of the parcel of land for which this application has been
submitted is 1/2 mile south of Lucerne, west side of County Road 39
This application is submitted to your office for review and recommenda-
tions. Any comments or recommendations you consider relevant to this
request would be appreciated. Your prompt reply will help to facili-
tate the processing of the proposal and will ensure prompt considera-
tion of your recommendations. If a response from your office is not
received within 21 days of mailing from our office, it may be in-
terpreted to mean approval by your office. If you are unable to
respond within 21 days (but wish to do so at a later date) please
notify our office to that effect.
Check the appropriate boxes below and return to our address listed
above. Please reply by August 27 , 1979 so that we may give
full consideration to your recommendation. Thank you very much for
. your help and cooperation in this matter.
1. We have reviewed the proposal and find no conflicts with our
interests.
2. A formal recommendation is under consideration and will be
submitted to you prior to
3 . Please refer to the enclosed letter.
Signed Agency Date
Assi ant Zoning A ministrator �$
a .
DEPARTMENT OF PLANNING SERVICES
PHONE 130313564000 EXT.404
915 10TH STREET
} GREELEY COLORADO 80631
4
1
CL y# is
dr-,x'°3'
COLORADO
August 8, 1979
Mr. Stephen C. Parker -
Agland, Inc.
P. O. Box 338
Eaton, CO 80615
RE: Request for an amendment to Recorded Exemption #306 and a
Subdivision Exemption on a parcel of land described as Pt .
E1E? Section 19, T6N, R65W of the 6th P. M. , Weld County,
Colorado
Dear Mr. Parker :
Your application and related materials for the request described
above are complete and in order at the present time with the
exception of submitting a $4. 00 recording fee for the recorded
exemption. I have scheduled a meeting with the Board of County
Commissioners for - Wednesday, September 5, 1979, at approximately
9:30 a.m. This meeting will take place in the County Commissioners;'
Hearing Room, first floor, Weld County Centennial Center, 915 10th
Street, Greeley, Colorado. , It is recommended that you and/or a
representative be in attendance to answer any questions the Board
might have with respect to your application.
It is the policy of Weld County to refer an application of this
nature to any town or municipality lying within three miles of tht'
property in question or whose comprehensive plan area encompasses
the property in question. Therefore, our office has forwarded a
copy of the submitted materials to the City of Greeley Planning
Commission for their review and comments. According to our records,
the Greeley Planning Commission should review and comment on your
application on August 28, 1979. Please. contact Mr. John Given at
353-6123, Extension 242 for further details regarding the exact date,
time and place of this meeting. It is recommended that you and/or a.
representative be in attendance at the Greeley Planning Commission
meeting to answer any questions the Commission members may have with
respect to your application.
IP
MT. Stephen C. Parker
Page 2
August 8, 1979
If you have any questions concerning this matter , please do not
hesitate to contact me.
Re ectful ,
cLdL P1 ,1
Chuck Cunliffe
Assistant Zoning Administrator
csd
cc: Mr. Arthur Stanley
P. O. Box 24
Lucerne, CO 80646
•
ro �
PO4 6196462
RECEIPT FOR CERTIFIED MAIL
NO.INSURANCE COVERAGE PROVIDED-
NOT,FOR INTERNATIONAL MAIL
(See Reverse) "!,
rp-t4"'/ /.,� � MIN
POSTAGE
CER;F SPECIAL
FEE
AL DELIVERY � ¢
RESTRICTED DELIVERY,
SHOWTO WHOM AND "
DATE DELIVERED
SHOW TO OF DATE,
AND ADDRESS ESSM.'
DELIVERY -.
SHOWTOWHOMANODATE+
NI
DELIVERY WITH RESTPICTED
SHORTS WHOM.VERY W ANDD
IN
ADDRESS OF DELIVERY RESTRICTED DELI
4 POSTMARK OR DATE
a
_,DUPLICATE ORIGINAL - LESSEE'S COPY
• Form 2212 • C.S.
1.73-2M
No Audit No OMA-4445 No
•
LEASE
•
Date. THIS AGREEMENT, made and entered kith this 24th day of February 19 77
• Parties. by. between ' UNION PACIFIC RAILROAD COMPANY
a corporation of the State of UtH" (hereinafter called "Lessor"), part.Y
of the first.Part,.and AGLAND," INC. , a corporation of the State of Colorado,
•
haYl;►g.... 1314Ge...of...kusinegs at...2.6.U...F.aotory...Road.....Eaton, Colorado
P.O. Boi4 . 338, 80615
(hereinafter called "Lessee"), party of the second part, WITNESSED':
•
It Is Mutually,Covenanted,and Agreed By and Between the Parties Hereto As Follows:
•' "Section 1. For and in consideration of the covenants and payments hereinafter mentioned to be performed and
made by the Lessee and upon the terms and conditions hereinafter stated,I the Lessor hereby agrees to lease and let and
Term:' does hereby lease and let unto the Lessee for a term of tQO (AQ) years, be �"on
the ..the ' ' 1st day of Pecembez 19.7.6....., the abx
Location. XIXsXdUMCpremises of the Lessor at Lugerf}Q Mold County,
Colorado' Xxadx
•
•
•
•
•
Description. •i;, .. •. 1..r, . •
•
•
•
•
Plat. XlacolieTALl'XACNJWd being shown outlined_.by..yelllow lines
on the plat hereto attached and hereby made a part hereof; RESERVING, however, to the Lessor the right to place and
Minerals. maintain at prominent places on the leased premises signs advertising Union Pacific Railroad; and SUBJECT to deed
dated April 1, 1971, whereby Lessor conveyed to Union Pacific Land Resources Corporation all minerals and all mineral
rights of every kind and character now known to exist or hereafter discovered, including, without limiting the generality
rf
kit'i
•
of the foregoing,oil and and rights thereto, together with the sole, exclusive perpetual right to explore for, remove
and dispose of, said minerals by any means or methods suitable to Union Pacific Land Resources Corporation, its suc-
cessors and assigns, but without entering upon or using the surface of the lands hereby leased, and in such manner as
not to damage the surface of said lands or to interfere with the use thereof by the Lessor, its successors and assigns.
Rental. Section 2. The Lessee shall pay to the Lessor annually in advance for the use of the leased premises rental at the
rate of THREE HUNDRED FOURTEEN AND NO/100 DOLLARS (3 314.00
per annum for each and every year during the term hereof, unless a change in such rental is made as hereinafter pro-
vided. In the event of such change the Lessee shall pay to the Lessor annually in advance rental in accordance with such
change. Such change may be made as hereinafter provided if not less than one hundred twenty (120) days prior to the
end of any five-year period (meaning a five-year period commencing on the effective date hereof or on any anniversary
thereof which is divisible by five) either party hereto shall serve written notice upon the other party to the effect that in
the opinion of the party serving the notice the rental theretofore paid is no longer a fair annual market rental.
In the event such notice is served, the parties hereto shall agree upon and fix the annual rental which shall apply
thereafter until a further change of rental is made as herein provided. In the event such notice is served and the parties
cannot agree within thirty (30) days after the service of the same upon a fair annual market rental for such ensuing pe-
riod then such rental for such period shall be determined by arbitration in the following manner:
Arbitration. At least sixty (60) days before the end of the five-year period in which said notice has been served, the party
desiring arbitration shall serve upon the other party a written notice naming an arbitrator. Within ten (10) days
after the delivery of said notice, such other party shall likewise appoint an arbitrator and notify the party desiring
arbitration of such appointment, and if such other party fails within said ten (10) days so In do, the arbitrator
appointed by the party desiring arbitration shall proceed in the determination of a fair annual market rental for
such ensuing period and his decision as to such rental shall be final. In the event that such other party appoints
an arbitrator within the prescribed time, the two arbitrators so appointed shall choose a third arbitrator. If the
two arbitrators so chosen shall fail to agree upon the selection of a third arbitrator within a reasonable time, such
arbitrator shall be appointed, upon application of either party, by any judge of the District Court of the United
States for the district which shall then include the locality in which the leased premises are situated, but such
application shall not be made until such party shall have given ten (10) days' written notice to the other party
of its intention so to do. The board of arbitrators, constituted as aforesaid, shall proceed to determine the fair
annual market rental for such ensuing period, and the decision of the board, or of any two members thereof, as
to such rental shall be binding upon the parties hereto. All expenses of such arbitration shall be apportioned
equally between the parties hereto.
Interim. If, at the end of the five-year period in which the foregoing procedure shall have been commenced, a fair annual
market rental different from the then effective rental shall not have been fixed, then, until a different rental is deter-
mined, the Lessee shall continue to pay annually in advance the then effective rental, subject to readjustment when a
new and different rental shall have been determined as herein provided, such readjustment to be retroactive to the be-
ginning of the period for which such different rental shall have been fixed.
When and if the rental for any period of the term hereof shall have been fixed by agreement of the parties in an
amount different from the amount of the rental payable during the preceding period, the revised rental so to be paid by
the Lessee to the Lessor shall be made a matter of record by a letter from Ilse Lessor to the Lessee, on the duplicate
originals of which shall be manifested the acceptance of the Lessee, and a copy of said letter shall be filed with each
counterpart of this agreement and become a part thereof; and when and if such rental shall have been fixed by an
award of arbitrators as hereinbefore provided, a copy of the award shall so be filed and shall become a part of this
agreement.
Payment. Rental as aforesaid shall be paid at the office of the Director, Credit and Collection, of the Lessor in Omaha,
Nebraska, or at such other place as the Lessor shall designate in writing, and shall be paid annually in advance on
the first clay of each contract year of the tenn hereof, meaning a year beginning on the ,effective date of this lease
and on the same day of each calendar year thereafter.
Taxes. The Lessee further agrees to pay before the same shall become delinquent all taxes levied during the continuance
of this lease upon the leased premises and upon any buildings and imurovements thereon, or to reimburse the Lessor
for sums paid by the Lessor for such taxes, except taxes levied against the leased premises as a component part of the
railroad property of the Lessor in the state as a whole.
•
Street or If, during the term of this lease, any street or other improvement, whether consisting of new construction, mainte-
Other nance, repairs, renewals or reconstruction, shall be made, the whole or any portion of the cost of which is assessed
Improve- against or fairly assignable to the leased premises, the Lessee agrees to pay in addition to the other payments herein
ments. provided for— •
(a) --_ eleven per cent (11%2 per annum on the amount so assessed against or
assignable to the said premises when expenditures by the Lessor for such improvements are properly chargeable
to capital account under the accounting rules of the Interstate Commerce Commission currrent at the time;
(b) the entire amount so assessed against or assignable to the said premises when expenditures for such improve-
ments are not properly chargeable to capital account under said accounting rules.
Use of Section 3. The leased premises shall not, without the written consent of the Lessor, be used for any other purposes
Leased
Premises. than for stOK .ge end...hend,1ing 4f drY end lignid fertilizer
including anhydrous ammonia
Abandon- and if the Lessee abandons the leased premises, the Lessor may enter upon and take possession of the same, and a non-
meat. user for the purpose herein mentioned, or hereafter defined in such written consent, continuing for ninety (90) days,
shall be sufficient and conclusive evidence of such abandonment.
Buildings. Section 4. The Lessee covenants and agreesl4PZcvdfaGionanarr1o1G 14tKNoYe1G YCa& }E `pp ij
xx2C006asX0ara.21la10CXX. that.._elk.buildings
xpoxxssa ocarxamocra!> x ' xxrxatsaxicCat79Duan araraxffiisk
xrxaralcarNx =V4 * ).
xtroxsoutzteuxabnuancorantssaixsbctittsmnd all other structures erected upon the leased premises during
the ternsconstruction shall be of substantial design and and of a design and type satisfactory to the Lessor, shall
be painted by the Lessee a color satisfactory to the Lessor, and shall at all times be kept in good repair; that the roof of
each such building shall be of fire-resistive material and, when any building is without solid foundation, the openings between the the ground and the floor thereof shall be covered with fire-resistive material; and that in the construction,
occupancy and use of said buildings and structures and in the use of the leased premises the Lessee shall conform to all
laws, ordinances or other public regulations now in effect or which may hereafter be enacted. It is agreed that no im-
provements placed upon Use leased premises by the Lessee shall become a part of Use realty.
. tistTh
t
W
19
Section 14A. The Lessee further covenants that in the
use of the le
ased premises for the purpose hereinbefore men-
tioned the Lessee will comply with and abide by Department
of Transportation regulations as set out in 49 Code of
Federal Regulations, Parts 100-199 , as amended from time to
time, and provisions contained in the following circular of
the Bureau of Explosives, Association of American Railroads,
including any and all amendments and supplements thereto:
Circular No. 17-F, dated March 30 , 1969 ,
entitled "RULES AND RECOMMENDATIONS RELATING TO
THE UNLOADING OF TANK CARS OF DOT-105A and
DOT-112A TYPES CONTAINING ANHYDROUS AMMONIA
AND THE LEASING OF TRACKS OR RAILROAD PROPERTY
ADJACENT THERETO FOR THIS PURPOSE. "
•
The Lessee, at the Lessee' s own sole cost and expense,
shall provide to the Lessor..e Certificate of Insurance certifying
to the effectiveness of insurance as follows :
General Public Liability providing bodily injury and
property damage coverage with combined single limit
of at least $1,000,000 each occurrence.
Such insurance shall be endorsed to provide con-
tractual liability assumed by the Lessee under this
Agreement, and that coverage shall not be cancelled
or changed without giving thirty ( 30) days ' prior
written notice to Lessor, c/o Manager - Insurance,
1416 Dodge Street, Omaha, Nebraska 68179.
Section 14B. The Lessee is also granted the right, sub-
ject to the terms of this Lease, to provide, maintain and
operate on the property of the Lessor, a suitable overhead
unloading device in the location shown on the attached print,
and a double line of pipe appurtenant thereto (hereinafter
collectively the Device) ; which Device shall be provided,
maintained and operated in accordance with the circular of
the Bureau of Explosives, Association of American Railroads,
described in Section 17A above , and supplements thereto and
amendments and reissues thereof, and the requirements of any
local ordinance, or state or federal laws in effect during
the term of the Lease. A copy of such circular is on file
in the office of the Chief Engineer of the Lessor and a copy
has heretofore been furnished to the Lessee. All work in
11/76
Fr.
•
e®
•
connection with the construction and maintenance of the pipe
lines appurtenant to the Device where they cross underneath
any track of the Lessor shall be done under the supervision
and to the satisfaction of the Lessor and all work in connec-
tion with the installation, maintenance, operation, repair
and renewal of all other portions of the Device shall be done
to the satisfaction of the Lessor.
The Lessor shall have the right, but shall not be obli-
gated, to inspect the Device from time to time to determine
that the Device is being maintained in a proper manner, and
in the event such inspection reveals any improper condition,
the Lessee shall, upon notice from the Lessor specifying such
condition, promptly and at the sole expense of the Lessee
remedy such condition to the satisfaction of the Lessor.
The Lessee agrees that whenever compliance with the
requirements set out in the-circular necessitates the fur-
nishing of labor and materials by the Lessor, the cost
thereof shall be paid by the 'Lessee to the Lessor within
thirty (30) days after bill rendered.
All anhydrous ammonia to be unloaded from a tank
car on or adjacent to the leased premises shall be un-
loaded from the top of the car only by means of the
Device hereinabove provided for.
Within thirty (30) days after the termination of
this Lease howsoever, the Lessee shall, at the sole ex-
pense of the Lessee, remove the Device from the Lessor' s
property and restore to the satisfaction of the Lessor
such property to as good condition as it was in at the
time of the installation of the Device; and if the
Lessee fails so do do, the Lessor may do such work of
removal and restoration at the expense of the Lessee.
Section 14C. In addition to all other covenants
of indemnity contained in this Lease, the Lessee agrees
to indemnify and hold harmless the Lessor, its officers,
agents and employes, against and from any and all
liability, loss, damages, claims, demands, costs and
expenses of whatsoever nature, including, but not
limited to, court costs and attorneys ' fees, which may
result from injury to or death of persons whomsoever
11/76
1
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or damage to or loss or destruction of property whatso-
ever, including, but not limited to, damage to the road-
bed, tracks, equipment or other property of the Lessor
or property in its care or custody, when such injury,
death, loss, destruction, or damage is due to or arises
because of the existence of the Device regardless of
any negligence on the part of the Lessor, its officers,
agents and employes, or the installation, maintenance,
operation, repair, renewal, modification, reconstruc-
tion, relocation or removal of the Device, or any por-
tion thereof or accessory thereto, and the Lessee does
hereby release the Lessor from all liability for damages
on account of injury to or destruction of the Device
from any cause whatsoever, regardless of any negligence
on the part of the Lessor, its officers, agents or em-
ployes.
11/76
j
_ AIM
e
�_ sectiorn ion s additional considerati for the lease herein
made, the Lessee�jrees during the term of Original Agreement
• and any extension thereof, to maintain and use a drainage ditch in
the location as shown on the attached print.
Said drainage ditch shall be constructed, maintained, repaired,
renewed, used, modified, reconstructed, relocated and/or removed in
such manner as to cause no interference whatsoever with the constant,
continuous and uninterrupted use of the tracks and other property of
the Lessor, and nothing shall be done or suffered to be done by the
Lessee that would, in any manner, impair the safety of said tracks or
other property.
The Lessee shall take all reasonable precaution for controlling
the water in said drainage ditch to the end that no water shall at
any time overflow from said drainage ditch onto the adjacent right
of way or premises of the Lessor.
Within ninety days after the termination howsoever of the
Original Agreement, the Lessee shall, at the option of the Lessor and
at the Lessee' s sole expense, remove said drainage ditch and restore,
to the satisfaction of the Lessor, said right of way to as good
condition as it was in before said drainage ditch was originally
constructed, and if the Lessee fails to do such work, the Lessor may
do such work at the expense of the Lessee.
In the event of the removal of said drainage ditch by the
Lessor as herein provided, the Lessor shall, in no manner, be
liable to the Lessee for any damage sustained by the Lessee for or
on account thereof, and such removal and restoration shall, in no
manner, prejudice or impair any right of action for damages or other-
wise that the Lessor may have against the Lessee.
Section 14E Effective upon the commencement of the term of the
lease herein made, to wit, December 1, 1976, there shall be and
hereby is terminated that certain lease between the Lessor and The
Consumers Cooperative Association, a corporation of the State of Kansa:
dated September 9 , 1963 , identified in the records of the Lessor as
L.D. No. M-56109 , Audit No. A-90038, as assigned, extended and
supplemented, covering premises at Lucerne, Weld County, Colorado,
the interest of said Consumers Cooperative Association having, with
the consent of the Lessor, been assigned to the Lessee herein;
PROVIDED, however, that such termination shall not affect any of the
rights or obligations of the parties to said agreement _dated
September 9, 19_51 - as assigned, supp— lemen1ed and extended, which may
have accrued, or liabilities, accrued of otherwise, which may have
arisen prior to such termination.
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Section 14F This lease may be terminated by written notice
of termination given by either the Lessor or the Lessee to the
other party, such termination to be effective upon any date in such
notice stated, not less, however, that one year subsequent to the
date upon which such notice shall be given. Such notice may be
given to the Lessee by serving the Lessee personally or by posting
a copy thereof on the outside of any door in any building upon the
leased premises or by mailing such notice, postage prepaid, to the
Lessee at the last address known to the Lessor. Such notice may
be given to the Lessor by mailing a copy thereof to the office of
the President of the Lessor in Omaha, Nebraska. Upon such termination
and vacation of the premises by the Lessee, the Lessor shall refund
to the Lessee on a pro rata basis any unearned rental paid in advance.
f'
fv
•
Liens. Section 5. The Le shall, when due and before any lien shall attac o the leased premises if the sane may
• lawfully be asserted, pay all charges for water, gas, light and power furnished, and for rental or use of sewer facilities
serving, the leased premises, and shall fully pay for all materials joined or affixed to said premises, and shall pay in
full all persons who perform labor upon said premises, and shall not permit or suffer any mechanic's or material-
man's or other lien of any kind or nature to he enforced against said premises for any work done or materials furnished
thereon at the instance or request or on behalf of the Lessee; and the Lessee agrees to indemnify and hold harmless
the Lessor and its property against and from any and all liens, claims, demands, costs and expenses of whatsoever na-
ture in any way connected with or growing out of such work done, labor performed, or materials or other things
•
furnished.Care of Section 6. The leased premises shall during the continuance of this lease be kept by the Lessee in a neat and tidy
Premises condition and free from all straw, rubbish, or other material which would tend to increase the risk of fire, or present an
and untidy appearance. None of the buildings or other structures erected on said premises shall be used for displaying cir-
Improve- cus posters or any signs or advertisements other than such notices and signs as may be connected with the business of
ments. the Lessee, and such signs and notices shall be neat and shall be properly maintained.
Explosives No gunpowder, gasoline, dynamite, or other explosive or inflammable material shall he stored or kept upon the
and leased premises. Nothing herein contained, however, shall prevent the storage of oil or gasoline upon the leased prem-
Inflamma- ises when the purpose for which the same are to be used, as indicated by Section 3 hereof, contemplates such storage,
bles. nor the storage of oil or gasoline where same are used by the Lessee for fuel in the business carried on by the Lessee
on the leased premises and are stored in quantities reasonable for such purpose; PROVIDED, however, that in all of
said excepted cases, the Lessee shall strictly comply with all statutory and municipal regulations relating to the storage
of such commodities.
Use for It is especially covenanted and agreed that the use of the leased premises or any part thereof for any unlawful or
Unlawful immoral purposes whatsoever is expressly prohibited; that the Lessee shall hold harmless the Lessor, its officers, agents
Purposes and employes, and the leased premises front any and all liens, fines, damages, penalties, fnrfri turns or judgments in any
Prohibited. Manner accruing by reason of the use or occupation of said premises by the Lesser; and that the Lesser shall at all
Indemnity, times protect the Lessor, its officers, agents and employes, and the leased premises bum all injury, damage or loss by
• reason of the occupation of the leased premises by the Lessee, or from ally cause whatsoever growing nut of .said
Lessee's use thereof.
Clearances. ' Section 7. No building, platform or other structure shall be erected or maintained and no material or obstruction
of any kind or character shall be placed, piled, stored, stacked or maintained closer than eight (8) feet six (8) inches to
the center line of the nearest track of the Lessor; PROVIDED, however, that in the case of platforms not higher than
four (4) feet above the top of the rail a minimum clearance of seven (7) feet three (3)inches from the center line of the
nearest track of the Lessor will be permitted; and PROVIDED further that along and adjacent to, and for one car
length beyond, those portions of track having a curvature greater than ten (10) degrees the clearances hereinbefore pro-
vided shall, with reference to platforms four (4) feet or less in height, be increased horizontally six (6) inches, and with
reference to all buildings, platforms, structures and other obstructions greater than four (4) feet in height, shall be in-
creased horizontally one (1) foot; and PROVIDED further that if by statute or order of competent public authority
greater clearances shall be required than those provided for in this Section 7, then the Lessee shall strictly comply with
such statute or order. All doors windows or gates shall be of the sliding type or shall open toward the inside of the
building or enclosure when such building or enclosure is so located that the said doors, windows or gates, if opening
• outward, would, when opened, impair the clearances in this section prescribed.
The Lessor shall consider requests of the Lessee to impair clearances which are necessitated by the operational
requirements of the Lessee, but the Lessor shall not be obligated to consent to any impairment. Any necessary persnis-
sion to impair clearances to which the Lessor has consented must he secured by the Lessee at its own expense, in advance
of any impairment; and the Lessee shall comply promptly and strictly with all requirements or orders issued by appro-
priate state authority relating to said impairments.
Lessee assumes the risk of and shall indemnify and hold harmless the Lessor against and from all loss, damage, andinjury to the person or property of the parties hereto and their employees and agents, and to the person or property
of any other person or corporation, resulting from the Lessee's noncompliance with the provisions of this Section 7, or
resulting directly or indirectly from any impairment of the clearances described in this Section 7, whether the Lessor
had notice thereof or consented thereto, whether caused or contributed to in whole or in part by the negligence of the
Lessor, and whether authorized by applicable state authority pursuant hereto, or existing without compliance with
the provisions of this Section 7.
No Construe- The Lessee shall not locate or permit the location or erection of any poles upon the property of the Lessor, nor of
lion by Lessee any beams, pipes, wives, structures or other obstruction over or under any tracks of the Lessor without the consent of
Over or Under the Lessor.
Tracks.
Lessee Not Section 8. The Lessee agrees not to let or sublet the leased premises, in whole or in part, or to assign this lease
without the consent in writing of the Lessor, and it is agreed that any transfer or assignment of this lease, whether vol-
to Sublet N SubletAssign untary, by operation of law, or otherwise, without such consent in writing, shall be absolutely void and shall, at the op-
tion of the'Lessor; terminate this lease.
Liability Section 9. The Lessee shall be liable for any and all injury or damage to persons or property, of whatsoever na-
of Lessee for ture or kind, arising out of or contributed to by any breach in whole or in part of any covenant of this agreement.
Breach.
Fire Section 10. It is understood by the parties hereto that the leased premises are in dangerous proximity to the tracks
Damage of the Lessor and that by reason thereof there will be constant danger of injury and damage by fire, and the Lessee
accepts this tease subject to such danger.
Release.
It is therefore agreed, as one of the material considerations for this lease and without which the ranee would not
be granted by the Lessor, that the Lessee assumes all risk of loss, damage or destruction of or to buildings ur contents
on the leased premises, and of or to other property brought thereon by the Lessee sir by any other person with the
knowledge or consent of the Lessee, and of or to property in proximity to the leased premises when connected smith or
incidental to the occupation thereof, and any incidental lots or injury to the business mf the Lessee, where such loss,
damage, destruction or injury is occasioned by fire caused by, or resulting from, the operation of the railroad of the
Lessor, whether such fire be the result of defective engines, or of negligence on the part of the Lessor or of negligence
or misconduct on the part of any officer, agent or employe of the Lessor, or otherwise, and the Lessee hereby agrees
to indemnify and hold harmless the Lessor, it officers, agents and employes. against and from all liability. causes of
action, claims, or demands which any person may hereafter assert, have, claim or claim to have, arising on of or
by reason of any such loss, damage, destruction or injury, including any claim, cause of action or demand which ally
insurer of such buildings or other property may at any time assert, or undertake to assert, against the Lessor. its officers,
agents and employes.
Water
Dame a Section 11. The Lessee hereby releases the Lessor, its officers, agents and employes, front all liability for damage
Relea ge. by water to the leased premises or to property thereon belonging to or in the custody or control of the. Lessee, including
buildings and contents, regardless of whether such damage he caused or contributed to by the position. location, con-
struction or condition of the railroad, roadbed, tracks, bridges, dikes, ditches or other structures of the Lessor.
,1®
•
erminalion Section 12. It is Further agreed that the breach of any covenant, stipulation or condition herein contained to be
on Default. kept and performed by the Lessee, shall, at the option of the Lessor, forthwith work a termination of this lease, and all
rights of the Lessee hereunder; that no notice of such termination or declaration of forfeiture shall be required, and the
Lessor may at once re-enter upon the leased premises and repossess itself thereof and remove all persons therefrom or
may resort to an action of forcible entry and detainer, or any other action to recover the same. A waiver by the Lessor
of the breach by the Lessee of any covenant or condition of this lease shall not impair the right of the Lessor to avail
itself of any subsequent breach thereof.
•
Premises Section 13. If and when the whole of the premises hereby leased, or any part of such premises without which
Taken for continuance of the Lessee's business would he impracticable, is required by or taken by action of municipal authorities
Public Use. or other governmental bodies for any street, highway or other public use, this lease and all rights, privileges and obliga-
tions hereby granted and imposed shall forthwith cease and terminate, without prejudice to any right of either or both
parties hereto to make claim against said authorities or bodies. If, however, only a part of said premises is required or'
taken and sufficient area remains for the efficient conduct of the Lessee's business, then the Lessee shall relinquish
only the part required or taken; and as to the remainder of the property hereby leased, this lease shall continue in full
force and effect with the rental reduced in the proportion that the number of square feet required or taken bears to the
total number of square feet contained in the leased premises as herein described.
Superior Section 14. 'Ibis lease is made subject to all outstanding superior rights, including, but not limited to, rights of
Rights. way for highways and for power and communication lines, and the right of the Lessor to renew such outstanding
rights and to extend the term thereof.
Sections 14A, 14B, 14C, 14D, 14E and 14F hereof are con-
tained in the sheets hereto attached, and hereby made a part
hereof.
Special
Provisions.
Vacation Section 15. The Lessee covenants and agrees to vacate and surrender the quiet and peaceable possession of the
of Premises• leased premises upon the termination of this lease howsoever. Within ninety (90) days after such termination, the Lessee
shall (a) remove from the premises, at the expense of the Lessee, all structures and other property of the Lessee; and
Removal of (b) restore the surface of the ground to as good condition as the same was in before such structures were erected, in-
Lessee's eluding among-other things the removal of foundations of such structures and filling in of all excavations and pits and
Property. the removal of all debris and rubbish, all at the Lessee's expense, failing in which the Lessor may perform the work
and the Lessee shall reimburse the Lessor for the cost thereof within thirty (30) days after bill rendered.
In the case of the Lessee's failure to remove said structures and other property the same shall, upon the expiration
of ninety (90) days after the termination of this lease, become and thereafter remain the property of the Lessor; and if
within one (1) year after the termination of this lease the Lessor elects to and does remove, or cause to be removed,
said structures and other property from the leased premises and the market value thereof on removal or of the ma-
terials therefrom does not equal the cost of such removal phis the cost of restoring the surface of the ground as afore-
said, then the Lessee shall reimburse the Lessor for the deficit within thirty (30) days after bill rendered,
Successors Section 6, Subject to the provisions of Section 8 hereof, Ihis agreement shall be binding upon and inure to the
and Assigns. benefit of the parties hereto and their heirs, executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first herein
written.
Witness: UNION PACIFIC ' RAILROAD COMPANY
•
By
Attest: General Manager'
•
.iC-Q�L-e_c. ....Seal)
Assistant Secra ry .
Witness: AGLAND, INC.
Attest: � ��i.��C.h.G.C-�/�� ��,,,,.��
,«President
Sec etary (Seal)
1. ^ .w,.--m...«.roe-ehc.....T.-e•tU+
uccupulicy •nc UM., Sal(' blic regulations s aati sVuctw i eff m rre hi m me les� r : e u t �.L this >:•
laws, ordinances or other public ngsauStnow in effect or which may hereafter be enacted. It is agreed that no im-
i..EL provements placed upon the leased premises by the Lessee shall become a art of the realty.
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ti‘ `° • -- Lucerne, Colorado
t Opp. [: I'. 55.25 DP:',;.,
Weld .iounty
Lease to Ag1ar.d, Inc .
•
/ Scale : 1" r l.._ _:Office of Dig:s j j'�:t
• „“C;0nae, '.:y(p::u.ng November 9, 1976
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•
• to SENDER:Complete items 1,2,and 3.
the'RETURN TO"space on
Addyour addrdss in
3
I.The following service igyegpested(check one).
Show to whom and.date delivered . . .1,, I
• Show to whom,date,and:eddress of del ivery..-d
m
• RESTRICTED DELIVERY" - ;
Show to whom aneedate delivered -¢
❑RESTRICTED DELIVERY. I
Show to whom,date,and address of del ivery.5.-
(CONSULT POSTMASTER FOR FEES) 1.
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ARTICLE A�O O: / /_AP v. , 'le)
a /�1� iCL/.r
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Z .ARTICLE DESCR PTION:
A
INSURED NO.
REGISTERED NO. CERTIFIED NO.
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7. I IAlways obtain signature of addressee or agent)
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I have received the article described above.
=1 SIGNATURE ❑ Addressee ❑ Authorized agent I
I9"' a ELIVERY 61A
A 4U
my if fagTil O. C
2 5.ADDRES (rd•r1�rso
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�Or-CLERK'S •
6.UNABLE TO DELIVER BECAUSE: , INITIALS
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WA:-:l ._ - .. r. . 6... , ..-, -... .
sk-f t te`tJ "i
�`. 912 • ; 7 .-_
r :• S _ Recorded at T / o'clock_t M.on AUG 2 6 Book Page '-I ;•.3 ~ "F
I 2-'
° +!y;?y Reception No 1834163 •.-//
7'e1..667" Recorder ':F1Ct ._
a r en, Weld County, Colorado S'� .. a=
t ? ^ S err,)=—a � ply _
F t c liarrrnij Teat f
ap s L X
THIS TM D is a conveyance of the real property described below, including any improvements and other 1 t.':`„1( - �
{' .`, appurtenance% (the "property") from the individual(s), corporation(s).'partnership(%) or other entityfies) iw
named below as GRANTOR to the individual(%)or entity(ies)named below as GRANTEE. ra-),d _ •1�
<.t;+ The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to
i::
, ; tla•pmprrh•.except for fll the lien of the general property taxes for the year of this deed.which the GRANTEE
i.r;._ will :1;%,`,. !•,4. .?s
:, r,.,- pay(2)any easements and rights-of-way evidenced by recorded instruments(3)any patent reservations
eery•- a and me rut ionc(41 any outstanding mineral interests shown of record(SI any protective covenants and rectric : ' ),.• or..hnun of record,and(Many additional matters shown beloc.under"Additional Warranty the ptions" a ;�r: • - L_
M1)'� The specific terms of this deed are:
• O GRAN FOR:'A rl .naen•..I amt rim 0...nt tnubrmn n Ihn•Hume€d dm rmnmmntm,.mien n Po 1)rrl m...6.,,,....bm.,eal nrnth'. L' •��:j I:
'3 ,a wns nanvm at P..ntne t.tnd nee I
°
�` a James A. Knight and Brenda L. Knight e>, ;,..r:1. r.=a
r , ea )
• c. .: O GRANTEE: it.....n,mnnI„n,i.thhe... I .tAt e i nl.4,1.. u nor L,dm ,a,i hle'AM v a.wn numlw.n wove,'l r 's'S^�.
iz.✓,^ Jeanene D. Spencer
=• •,'. ='
*Ti;
,. ET.; 355x3 ttrt—.4 2/ n r .. . r
;.S
• it'. ., Ea-0w. C.@-f-U, 8DCn/5
N
7Fs eo FORM OF CO-OWNERSHIP:dlla.,r an,•A,,,.m,.e ruiner named the.non hetonodned to take a.tenant.onrnmmo unlm'
)vt 9 R •n.woof.-.n point...noon"v x11.6 ol the 6anr me an me ate added in the gate belo.1 _ 4(,( a
-aq: •
Stale Documentary Feea.,1-4,7t. . :`
L ?-w
PROPERTY DESCRIPTION: 'Inc h,h „mnn And.Iele i AUG 2 6
Date..:_r_____
t..^ •
See attached Exibit.
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CONSIDERATION F..Ial im e a.,dont'a .nm,mnal llI ,Ir,nm,d•.ntnn the P. dnd nab he moonen unit... P. -
,d,.n,b to olio,• v IM1 nnv A , 1 .und.me I '1114 7C
' One hundreds twelve thousand�enr� ASV enanun iel� te�o�jars end other �'e1�y -
_y '. J. R ,
Rood and 'valuable consideration. a1-...I.
• �: RESERVATIONS-RESTRICT IONS:inh.•r:RANI(III towel.in'mane anmtnm m the renown nt m comer len thank.own..n
7... n Oh.gRAVIOR n,nNu,One lM lit k1ll I ueM6 in the otnyn. mar amenT,utr.M,taeron l '',S.:',4.(4,1. `.
" reservations restrictions and easements of records t
�r (
ADDITIONAL WARRANTY EXCEPTIONS:M.limb.node.ee I..ne...amrt and Cahn menen not i ro.rovI abwmI
P.
i F A•
2
Signed on L-7,t-1_Gi I.t, .>L_. c9� . C .ors 4.- r F
Att4+rh• ,m—•:O 7Jamga Ay tf i h Grantor ' ..
y. .,` irk'-.-tci),,C "2 ,y
Yiyt-[I mss.
r '• •(� �q L. , , Brenda L.: Kril t Grantor
-TATE'0r CorhoRAPO . ) S
GOUfTYbFcgd'el 1 ss' 'l'ys � Grantor•
_ v
• ',he f teitVnstµlment was acknowledged before me this6r?/ day of C{,ci� ,1980 m e
WI. 5 myy brnd.and offiria seal. .V. ! G�-e.. �,
m ;`s
My co mfs�fon.expires: B .X .,,i)...1_ J Notary Public
STATE OF )ss
• COUNTY OF ,
= -,
The foregoing instrument was acknowledged before me this day of . 19
by . .
WITNESS my hand and official seal.
My commission expires: ,
Notary Public - -
t 1977 UPDATE LEGAL FORMS C;'% ,) • NO. 2011'..:',
'
P.O.BOX lets,GREELEY,COLORADO 00632
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� � Pr •r' ,.(;• J•�D" Jy(�hY-uu?Man"-
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tra
912 1834163 > ;a
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c • irj, EXIBIT '{5,0
;u
-4?. The legal property description is as follows: sp:.
e la Parcels A and B, of Subdivision Exemption No. 103, as per161142.-t:` • -•
5 arrG the resolution recorded September 6, 1979 in Book 880 under '• _
••' �3^. t Reception No. 1802419, Weld County Records, being a 'r _
s - ,} P part of S
'` the Northeast Quarter (NE1/4) of Section. Four (4) , Township °•Fts
•7,, .• Six (6) North, Range Sixty-six (66) West of the 6th P.M. , ;r15i
'•^ County of Weld, State of Colorado, being more_ L+�.; particularly tiN
11,4f. described as follows: - x.:f .-*-
t PARCEL A
- {pi s'
F Commencing at the Northeast Corne. (NE Cor) of said Section i'�:i: .: -
4 and considering the East line of Section 4 to bear South $+. '
.1y4 03°51'52" East with all bearings contained herein relative t•-'
f thereto;
thence South 03°51 '52" East along the East line of said 1e
Northeast Quarter (NE1/4) of Section 4, 2241.75 feet to the /';'ka
1r True Point of Beginning of described parcel; thence continuing 1, 1'3
fl
South 03°51 '52" East, 180.00 feet along East boundary of said( 3
i�•.1 parcel: {1.
thence North 90°00'00" West, 242.54 feet along South boundary 1 " ,{1 _
r • S{ of said parcel;
.L.,,,:--....____„:14 thence North 03°51'52" West, 180.00 feet along West boundary ,rti1�4
of said parcel; a .,
zy thence South 90°00'00" East, 242.54 feet along North boundary _
T ki
of saidparcel to True Point of Beginning. e'-'
fr^fi r,,...:..
,? PARCEL B 1541:1'7.'
? I?.. Vrc:.nl;
Pr" Commencing at the Northeast Corner (NE Cor) of said Section 4 mill+.
-. 7 and considering the 'East line of Section 4 to bear South +cf _
( 4; 03°51'52" East with all bearings contained herein relative , y '
Yfhf thereto; trt • _
x. _ '}'!1 thence South 03°51'52" East along East line of said Northeast
.. ? _
Quarter (NEI/4) of Section 4, 2241.75 feet; 'fr $$j _
thence North 90°00'00" West parallel to the North line of said V1
- __ -• Northeast Quarter (NE1/4) of Section 4, 242.54 feet to the True
rhs Point of Beginning of said parcel; � ,�;;;
ary thence continuing North 90°00'00" West, 1204.22 feet parallel cs�r.?.
to the North line of said Northeast Quarter ('IE1/4) of Section -�?;';_+�-
�...,+`
ja^. 4 to the East bank of the Montgomery Seepage Ditch; tom•%.I i "
yx4 thence South 01°15'13" East along said East bank of the j�'�.
�•_ Montgomery Seepage Ditch, 271.99 feet to the South line of 1A11,4
3� said Northeast Quarter (NF.1/4) of Section 4; Lc:4
+; thence South 88°55'33" East along said South line of the j:'tx:- ` .
Northeast Quarter (NE1/4) of Section 4, 1461.26 feet to the a
- 11:/t. Southeast Corner (SE Cor) of the Northeast Quarter (NE1/4) of
, ; Section 4; fh';x
----=-4.7•11! thence North 03°51'52" West, along the East boundary, of the i)igl
V Northeast Quarter (NE1/4) of Section 4,.. 120=00 feet; J1 +,f
,, thence North 90°00'00" West, 242.54 feet; �{
.iit thence North 03°51'52" West, parallel to the East line of the — py3:
Sfeet Northeast Quarter (NE1/4) of Section 4, 180.00 to the ' krc
•' "� True Point of Beginning of said Lq• g g parcel.
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