HomeMy WebLinkAbout750451 RESOLUTION
WHEREAS, a public hearing was held on November 24, 1975, in
the chambers of the Board of County Commissioners, Weld County,
Colorado, for the purpose of hearing the petition of the Colorado State
Highway Department, c/o Leo O'Connor, P. O. Box 850, Greeley,
Colorado, (Leonard Land) requesting permission to locate a gravel pit
operation on the following described property:
Area #1
A tract or parcel of land containing 8. 7 acres, more or less,
in the NW+ of Section 15, Township 5 North, Range 67 West
of the 6th Principal Meridian, in Weld County, Colorado, said
tract or parcel being more particularly described as follows:
Beginning at a point in the NW4 of Section 15, Township 5 North,
Range 67 West, on the South Right-of-way line of U. S. Highway
34 opposite Station 287+00:
1. Thence S 21°48' E, a distance of 323 feet
2. Thence S 9°28' E, a distance of 304 feet
3. Thence South, a distance of 590 feet
4. Thence West, a distance of 600 feet
5. Thence North, a distance of 760 feet, more or less
to the point of beginning.
The above described parcel contains 8. 7 acres, more or
less.
Area #2
A tract or parcel of land containing 23. 1 acres, more or
less, in the NE4 of Section 16, Township 5 North, Range
67 West, of the 6th Principal Meridian, in Weld County,
Colorado, said tract or parcel being more particularly
described as follows:
Beginning at a point in the NEI of Section 16, Township 5
North, Range 67 West, on the South Right-of-way line of
U. S. Highway 34 opposite Station 266+00:
1. Thence N 89°57' E, a distance of 900 feet
2. Thence S 82°34' E, a distance of 108 feet
3. Thence S 2°03' E, a distance of 986 feet
4. Thence S 89°57' W, a distance of 1007 feet
5. Thence N 2°03' W, a distance of 1000 feet, more
or less, to the point of beginning.
The above described parcel contains 23. 1 acres, more
or less, and
WHEREAS, the Petitioner was present, being represented by Mr.
Leo O'Connor of the Colorado State Highway Department, and
WHEREAS, there was no opposition to the request of Petitioner for
the location of said gravel pit operation, and
WHEREAS, the said requested gravel pit operation is located in an
agricultural zone as set forth by the Weld County Zoning Resolution, and
WHEREAS, according to Section 3. 3(8) and Section 6. 1(3) of the Zoning
Resolution of Weld County, said gravel pit operation may be authorized upon
the approval of the Weld County Planning Commission and the Board of County
Commissioners of Weld County, and
FL 1 750451
WHEREAS, the Board of County Commissioners heard all the
testimony and statements of those present; has studied the request of
the Petitioner and studied the recommendations of the Weld County
Planning Commission and having been fully informed;
NOW, THEREFORE, BE IT RESOLVED, by the Board of County
Commissioners, that the application of the Colorado State Highway De-
partment, c/o Leo O'Connor (Leonard Land) to locate a gravel pit opera-
tion on the premises indicated above be, and it hereby is granted under
the conditions following:
1. That any water and sanitation facilities to be installed shall
be approved by the State Health Department.
2. That Petitioner shall proceed with due diligence to effect con-
struction of said gravel pit operation and that he shall have up to one year
from date hereof to begin the construction of same; otherwise, the Board
may, for good cause shown, on its own motion, revoke the permit herein
granted.
3. That when gravel extraction is completed said permittee shall
immediately notify the Board of County Commissioners and said permit
shall automatically be revoked without further action of the Board.
4. That the operation and development of each gravel pit excavation
and rehabilitation shall be limited to plans as submitted and in accordance
with the rules and regulations for the operation of gravel pits as adopted by
Weld County, Colorado.
5. That all applicable subdivision regulations and zoning regulations
shall be followed and complied with in accordance with the Zoning Resolutions
of Weld County, Colorado.
Dated this 26th day of November, A. D. , 1975.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
i
ATTEST:
tia
Weld County Clerk and Recorder
and Clerk to the Board
BY teputy County serkrr
/ r
APPROYlD AS TO FORM:
i� It
County Atto ney
HEARINGS 6,
DATE: November 24, 1975
TAPE #I: s! ;
l ,
DOCKET #: 75-50
PETITIONERS NAME: State Highway Department
DATE FIRST ,iEARD: November 24, 1975
PETITIONERS ADDRESS: c/o Leo O'Connor
P.O. Box 850
Greeley, CO 80631
A -
REPRESENTED BY:
REQUEST: Special Use Permit, Borrow Extraction
(Change of Zone) or (Land Use Permit)
LEGAL DESCRIPTION: Area #1 - R`7 T5 S15NW14
Area #2 - R67 T5 S16 NE4
SPOKESMAN: For: � . --r ,. r r7 .� •Aga-144A
i'' ACTION TAKEN:
(Conditions)
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1 T .. ENDANCE R E C O R .,
Applicant : State Highway Department Time ; 10:00 A.M. Docket
75-50
Date : November 24, 1975 Request 1 Special Use Permit, Borrow Extraction
•
ADDRESS
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Affidavit of Publication
STATE OF COLORADO, I
Iss.
County of Weld, 1
Richard L. Tatman
I, of
said County of Weld, being duly swam, say that
I am one of the publishers of
THE GREELEY JOURNAL
that the same is a weekly newspaper of general cir-
culation, published in the city of Greeley, in said
county and state, that the notice or advertisement,
PUnoetW NI The pub-
'
Aedfbe '" of which the annexed is a true copy, has been pu
9if rang s,.,..K,.� ' L:� It It .,1�p bolo
atllteD z ' •b w„ lished in said weekly newspaper n for
alma 'w"'" a• r me ea weeks; that the notice was published in
f ;' w aR ;a, the regular and entire issue of every number of said
C 'P5' l=r'.^. A�P ^ newspaper during the period of time of publication
^9' of said notice, and in the newspaper proper and not
s ti ! in a supplement thereof;that the first publication of
malls
a11r1 µx.l'iri ',p y ,� said notice was contained in the issue of said news-
01 the 'rt.'h� l 't
1516H•ie' ' t Irr.oa 24th
paper bearing date the day of
Bub 1 . eb t
me . , October 75
PGO ¢ eN? t ,t ,A.D- 19 ------ and
Data: i u d t the last publication thereof in the issue of said
BtiesTime.1@.• rt
gem Sy,
Extrractio C. `',4 ' .Borrow 14th
newspaper bearing date the day of
bact of Alta efa
acres Morey' anthe taming
iowdon November
15 Towno,. A e$eaectry 19 75 that [he said
mefsh M Weal,a. The Greeley Journal has been published continu-
Counry
yyr 1lflet it
rporo ously and uninterruptedly during the period of at
,' •M [ least fifty-two consecutive weeks next prior to the,
qer 'I /IF in
ghat first issue thereof containing said notice or sever-'
oqeIq1tih�ye�pww1+ •... 6 W S. beement above referred to; that said newspaper has
l - U.S' been admitted to the techiStates mails as second-
. _ class matter under the provisions of the Act of
I.a.elWrw of'g99 March 3, 1879, or any amenAment thereof,and t
�TIsMce89aN•B,ad1atardao13M61at said newspaper is a weekly,fiewsp r y gl ed
3.T Ills•Saga edlatWlMbf why Mt' for publishing legal notices and vertis spent With
4 Therde Weft edbleacedf6tlD4est in t e meamn of t e laws of a.State f Co radn!
3 Retinas Noah:,a dparbel q T50 feet: g _ a,.../ �j �✓.
more ot less im'Afe pant ttt tins JJ,J/i/� /(/..
The shover lees.palgll ,, ' _- 7 //, ��x
acres,more or lees 111 r` LLL
tie of the Publis
A tract or parcel offal*9 _
acres,more or lees;in the ^.
c..-19018,Township 5 North.Reese
the 6th Principal Me or la ppaft,.a Subscribed and sworn to before me this
Colorado,said tract pecbfl i l'
Particularly described M °re 1 C
Beginning at'poin +fleet day of & L!hL.7' 't , A.D. 19/ 7.J On ^hest nth ppd Nett,
on the tan RIC f� of;U.S.
HIi. revet
Thome° 7 fed My Commission sxni ,s Dec. 5; 197P
feat 1, WEGO My commission expyes
feet Thence Sd2g1 Eye N911Wr,of toe' (//Jj/� �I
3Thencassva313.a 4y tty .i- -;.,{yi./ (._ -7.L.to-zL-/
feet Thence 968^57 WCMbnowi966Yeet' -Ni
a dkOsnce of, W-
tary Public.
B,lhanM N 9r93'W adlebiicti aYlaaa,
laet.morealstlN.ta me aarcel contains
29. acres,more or llpop.�w conGOMtains
' -cownvCOM tst
. �WELocomaty;COI.OMOO,
OOUNTritSLEg1(#sN15 DER.
AND CLERK TO THE BOARD
BY:-JEANNE LOD NEURBUCK,DEPUTY'
Dated:October 22,1975
Putt tS i October 24,1975 and Nogembtr
14, 975
Published in Thpareeley JouMat
AFFIDAVIT OF PUBLICATION
NOTICE 1
Pursuant to the zoning laws of h1i STATE OF COLORADO + ss.
State of Co loth ,a'Public
the hearing willof I
be �� ittl COUNTY OF WELD 1
County-f-` 1On�of Weld County.
Colorado 1516:Hospital Road, . ..-7).,
Greeley.Colorado,at the time specified. ? -:!/[.R._%-:..., of said County of
I, ..../.....“..ii./..././(..
eel 'n Weld, being duly orn, say that I am office manager
All persons in any ma tat_to of
the Special Use ermi
attend l may be hear - THE WINDSOR BEACON, INC.
BE.It ALSO KNOWN that tgelfxt
and mart so certified by the WeldCounty r having a general circulation in
Planning a weekly newspape
examint C Office of a may be said County and State, published in the town of
examined in mi oft he.Board M WINDSOR, in said County and State: and h the
Road, Commi�oarea .516 Hoopltal notice, of which the annexed is a true copy,
Road.Greeley,Cobeado. "` i
Docket No,73successive
State 1-1"—'a5'. t published in said weekly f or
do Leo Cotiaor• weeks, that the notice was published in the regular
P.O.Box 850 - and entire issue of every number of the papere during
Greeley;Colorado-80631 the period and time of publication, and in the news-
paper proper and not in a supplement, and that the
Tate November 241975 first publication of said notice was in said paper bear-
Requ:me�;Special Use Permit, Borrow A.M.. Mg the date of the
Extractpp --- i
Approximately 4 miles South of Wind- ) day of 1 �1(;' .D A ., 19
Pi
sor,Colorado(Two areas) /
THE BOARD OP COUNTY COM and the last publication bearing the date of the
WELDCOUN COLORADO
WELD COUNTY, <
BY:S LEE SHEHEE,JR. - --) day of AL', ti A.D., 19�-!
sway CLERK AND RECORDER that AND CLERK TO THE BOARD and that the said "WINDSOR BEACON" has been
BYFieimbud' Deputy published continuously and uninterruptedly for the
Dated:t Jeanne Louperiod of 52 consecutive weeks, in said County and
Published 22,1'975Wi n State, prior to the date of first publication of said
embr1 in-197Wiadsor Beacon notice, and the same is a newspaper within the mean-
Novernber,l'3� 1875::' - ing of an Act to regulate printing of legal notices
- -- and advertisements, approved May 18, 1931, and all
prior acts so far
�a-ss in force. '/y�
OFFICE MANAGER
ov (lib
Subscribed and sworn to before me this .)a'-.- day
of Li tit-c--vv\-- `2-/ 19..Y�-.5....
N - R PUBLIC
My commission expire
.. /7..7- .........
NOTICE
Pursuant to the zoning laws of the State of Colorado, a public hearing will be
held in the Office of the Board of County Commissioners of Weld County, Colorado,
1516 Hospital Road, Greeley, Colorado, at the time specified. All persons
in any manner interested in the Special Use Permit are requested to attend and
may be heard.
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 Board of County Commissioners,
1516 Hospital Road, Greeley, Colorado.
Docket No. 75-50 State Highway Department
c/o Leo O'Connor
P. 0. Box 850
Greeley, Colorado 80631
Date: November 24, 1975
Time: 10:00 A.M.
Request: Special Use Permit, Borrow Extraction
Area #1
A tract of parcel of land containing 8.7 acres, more or less,
of s ,
in the NW1 of Section 15, Township 5 North, es 67 l
the 6th Principal Meridian, in Weld County, Colorado, said tract
or parcel being more particularly described as follows:
Beginning at a point in the NW14 of Section 15, Township 5 North,
Range 67 West, on the South Right-of-way line of U. S. Highway
34 opposite Station 287+00:
1. Thence S 21°48' E, a distance of 323 feet
2. Thence S 9°28' E, a distance of 304 feet
3. Thence South, a distance of 590 feet
4. Thence West, a distance of 600 feet
5. Thence North, a distance of 760 feet, more or less to the point
of beginning
The above described parcel conatins 8.7 acres, more or less.
%
Area #2
A tract or parcel of land containing 23.1 acres, more or less,
in the NE4 of Section 16, Township 5 North, Range 67 West, of
the 6th Principal Meridian, in Weld County, Colorado, said tract
or parcel being more particularly described as follows:
Beginning at a point in the NE4 of Section 16, Township 5 North,
Range 67 West, on the South Right-of-way line of U. S. Highway
34 opposite Station 266+00:
1. Thence N 89°57' E, a distance of 900 feet
2. Thence S 82°34' E, a distance of 108 feet
3. Thence S 2°03' E, a distance of 986 feet
4. Thence S 89°57' W, a distance of 1007 feet
5. Thence N 2°03' W, a distance of 1000 feet, more or less, to the
point of beginning
The above described parcel contains 23.1 acres, more or less.
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: S. LEE SHEHEE, JR.
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Jeanne Lou Heimbuck, Deputy
Dated: October 22, 1975
Published: October 24, 1975 and November 14, 1975 in the Greeley Journal
NOTICE
Pursuant to the zoning laws of the State of Colorado, a public hearing will
be
held in the Office of the Board of County Commissioners of Weld County, Colorado,
1516 Hospital Road, Greeley, Colorado, at the time specified. All persons
in any manner interested in the Special Use Permit are requested to attend and
may be heard.
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 Board of County Commissioners,
1516 Hospital Road, Greeley, Colorado.
Docket No. 75-50 State Highway Department
c/o Leo O'Connor
P. 0. Box 850
Greeley, Colorado 80631
Date: November 24 , 1975
Time: 10 : 00 A.M.
Request: Special Use Permit, Borrow Extraction
Approximately 4 miles South of Windsor , Colorado
(Two areas)
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: S . LEE SHEHEE, JR.
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Jeanne Lou Heimbuck, Deputy
Dated: October 22 , 1975
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November 24 , 1975
I hereby certify that pursuant to a notice dated
October 22 , 1975 , duly published October 24 , 1975 and
November 14 , 1975 in the Greeley Journal , a public hearing
was had on a request for a Special Use Permit, borrow
extraction, by State Highway Department at the time and
place specified in said notice . A motion was made by
Commissioner Moser to approve said request. Chairman
Billings seconded the motion and it carried. Commissioner
Jacobucci was absent.
,927
Chairman
BOARD OF COUNTY COMMISSIONERS
Weld County, Colorado
ATTEST :
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: i - 1c4Ef /L (((i(7'-c.'/
Deputy County' Clerk
Docket 75-50
Tape #75-114
1/-
'-/ r' /
Srer
b:A
RICHARD D. LAMM I iNIAJOHN W. ROLD
..3 Director
Governor *
HE N
COLORADO GEOLOGICAL SURVEY 161�20�DEPARTMENT OF NATURAL RESOURCES l�-- e
254 COLUMBINE BUILDING - 1845 SHERMAN STREET /4� diY '•,��
DENVER. COLORADO 80203 PHONE 892-2611 SEY }975 s;
uaq
6 Pb not toatssian
September 17, 1975 6,
lyyV� G�\v`
Mr. Thomas E. Honn, Zoning Administrator
Weld County Planning Commission
1516 Hospital Road
Greeley, Colorado 80631
Dear Mr. Honn:
RE: STATE HIGHWAY DEPARTMENT - NW 15, 5 N, 67 W
We have reviewed the application for a Special
Use Permit and reclamation plan for the subject tract.
We see no problem with respect to MB-1529. Approval
from the State Land Reclamation Board and permit should
satisfy all requirements.
Sincerely,
cti cil 1"•
A. L. Hotnbaker, Chief
Mineral Resources Section
ALH/ls
J
GEOLOGY
STORY OE THE PAST . . . KEY TO THE FUTURE
2017 West 9th Street, Greeley, Colorado 80631
September 16, 1975
x1\111-204,/,
Leo O'Connor
District Materials Engineer
State Department of Highways
F •Ne\d C�e1‘Y sa
P. 0. Box 850 Co, Q�.•��.^-
,u0'
1420 2nd Street
Greeley, Colorado 80631 ys`b C `�
Re: Special use permit for borrow
area in Section 15, T5N, R67W I�
Dear Mr. O'Connor:
The Weld County Planning Commission has asked our agency to comment
on the removal of borrow materials from a 8.7 acre plot in the NW's
Section 15 Township 5 North Range 67 West.
The soils at this site are moderately deep Colby loans and should r�-
be excellent fill material.
Your reclamation plan appears to be excellent. I can only suggest
that after the topsoil is replaced, it should be chiseled or made
into a rough surface condttion to prevent wind erosion especially
during winter and spring months. After these months the landowner will
resume normal farming operations.
this suggestion is made primarily from a safety standpoint considering
Highway #34 is adjacent to the borrow area and that soil blowing
would create a possible driving hazard. ,
r
Sincerely,
Ti 'J
W. Kent VLrvers
District Conservationist
cc: Weld County Planning Commission
r r
STATE L .: P A R T M E N T OF H , .. H W A Y S RF
CON F. SHEA •
CACTING EXECUTIVE DIRECTOR interchange at 257
STATE OF COLORADO
[�..*�-.- 7 7"* DISTRICT 4
DIVISION OF HIGHWAYS Fr-- DWIGHT M. BOWER
C. H ENGE DISTRICT ENGINEER
CHIEF ENGINEER {+nm
j 7,r-717
1 GREELEY, COLORADO 80631 • 13031 353-1232
P.O. BOX 850--1420 • 2ND ST. •
August 19, 1975 DOH FILE 04-21
Weld County Planning Commission
Weld County Public Health Building
1516 Hospital Road
Greeley, Colorado 80631
Dear Sirs:
Attached is our application for a Special Use Permit from Weld County
and a coy of our lan we are Reclamation Board) ,Ieplusaextration Pcopieshofhthe sketch band tmaps, anding to adjacent
State and
adjacent
Land Owners list.
We are requesting permission to remove borrow material from a location
approximately five miles south of Windsor, near the junction of U.S. 34 and
S.H, 257. This material is located on property owned by Donald and Olive
Leonard of Estes Park and Carl Leonard of Loveland.
The pit area is located on two ridges in an unirrigated wheat field.
Our excavation will remove the major portion of these two ridges leaving a
flatter surface on which to farm. The top 8" of topsoil will be removed,
stockpiled, and replaced after borrow material has been taken. The back-
slopes will be left no steeper than 15:1.
The material will probably be removed with a front-end lo
County Roads
ader and hauled
by truck from the borrow area to our R.O.W. along U.S.
34.would be used in our haul.
We will conform to all Weld County Zoning and Reclamation Regulations
for our borrow pit operation and reclamation of the area.
Very truly yours,
DWIGHT M. BOWER
DISTRICT ENGINEER
(127217
Leo 0 Connor
District Materials Engineer
LO:da
Encl.
cc:D. M. Bower
J. C. Peterson
M. H. Grice
File (2)
mtr .nRfn®ue
filk
September 16 , 1975
To
Gary Fortner Date
COLORADO From
SUP 291-75-17 Colorado State Highway Department
Subject.
We have reviewed the application and have no objection
to the Special Use Permit .
Richard L. Straub
mfm
I p �t
n "7.'
BEFORE THE ..“LD COUNTY , COLORADO PLANN.. d COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Case No . SUP # 291 Date October 9, 1975
APPLICATION OF State Highway Department (Leo O'Conner)
ADDRESS P. 0. Box 850, Greeley, Colorado 80631
Moved by Harry Ashley 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 site approval of Borrow Extraction
covering the following described property in Weld County ,
Colorado , to-wit :
n
LEGAL DESCRIPTION OF SPECIAL USE PERMIT
AREA #1
A tract or parcel of land containing 8.7 acres,
more or less, in the NW 1/4 of Section 15, Township 5
North, Range 67 West, of the 6th Principal Meridian,
in Weld County, Colorado, said tract or parcel being
more particularly described ac follows:
Beginning at a point in the NW 1/4 of Sec. 15, .
T. 5 N. , R. 67 W. , on the South Right-of-Way Line of
U. S. Highway 34 opposite Station 237+00:
1. Thence S. 21` 48' E. , a distance of 323' ,
•
2. Thence S. 9` 28' E. , a distance of 304' ,
3. Thence South, a distance of 590' , --
4. Thence West, a distance of 600' ,
-- . Thence North, a distance of 760' , more or less,
to the point of beginning.
The a ove described parcel contains 8.7 acres, more
c/ or less.
\ - -Y.
i /1\ \ L \ , _____,,
\t
SPECIAL USE PE PtI I T APPLICATION
Weld_ County Planning Commission _- C rvices Building , Greeley , C-31o .
FOR PLANNING DEPARTMENT USE ONLY : CASE NUMBER : �;0P d yy e7S / `7a
PC HEARING DATE : /C)/ /9
SEC : TWP RANGE : CC HEARING DATE :
LAND-CODE --
T : S : 1 /4 :
• SUB/DIU CODE :
SUB : BLK : L,OT : _ KEY :
REFER TO : PERMIT FEE : ,L
DATE : ��
2�� � y APP . CHECKED B . -
!) c - c. c-o k ''� 1 ). �-
� �� v,..u� T E : ��� - � RECEIPT PJ f� .
3) .77-c)_ i- _.
TE . r�� �S LEGAL DESC . 11GPRUL
4 } _� _u�. TT:o,'�*(c DAT r : `' i47-67
i. �_�
TO BE COMPLETED BY APPLICANT IN ACCORDA♦ri WITH PROCEDURAL GUIDE RE_
QUIREMENTS : Print or type only , except for necessary signatures : .
I , (we ) the undersigned , hereby reouest a hearing before the Weld
• County Planning Commission concerning p.r000sed Special Use Permit for
the folly,♦; : ng described unincorporated aroa of Weld County :
LEGAL DESCRIPTION of contiguous oroperj o►..ned upon which Special Use
Permit �� proposed :� ----_-�--- .--.
' NW , Section 15 and NE t, Section 16, Township 5 North,
Range 67 West of the 6th P.M. , Weld County, Colorado.
LEGAL DESCRIPTION OF SPECIAL USE PERMIT AREA :
Please see attached sheet.
STREET LOCATION : ZONE AD
PROPOSED USE : Removal of Borrow Materials.
P'E A S O N : For construction of U.S. 34 and Colo. 257 Interchange
FEE OWNERS OF AREA PROPOSED FOR SPECIAL USE :
JAME : Donald E. and Olive M. Leonard ADDRESS : Box 26, Estes Park TEL :
NAME :—Carl E. Leonard A D D R E S S : 500 W. Third,
NAME : --_ ---. W Thir
-- --------L Loveland__T TEL :
ADDRESS : — TEL :
I hereby depose and state under the penalities of perjury that all
statements , proposals and/or plans submitted with or contained within
this application are true and correct to the vest of my knowledge.
COUNTY OF WELD _ ).
STATE OF COLORADO �)
Signature: tihre- or Authorized Agent
Subscribed and sworn to before me this Z7 day of , .. f 197'
NO RY PUBL I
S E a L
,My Commission e*pd es- /007 / i774
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DOH Form No. 788 Project No. RF 0.,..-1(10)
December 1972
(Prey. O.F. No. 10) Location: 257 - W. to I-25
OPTION TO BUY MATERIAL
THIS AGREEMENT, Made and entered into this 28th day of July
19 75 , by and between Donald E. Leonard, Box 26, Estes Park, Colorado 80517
and Olive M. Leonard (Life Estate)
of Larimer County Colorado , hereinafter re-
ferred to as the Owner, and the DEPARTMENT OF HIGHWAYS, STATE OF COLORADO, here-
inafter referred to as the DEPARTMENT. (The term "DEPARTMENT" shall be construed
to include Department employees, agents and contractors. )
WITNESSETH THAT:
WHEREAS, the Department desires to obtain construction materials of satis-
factory quality and quantity' for use in construction, improvement and maintenance
of its highways, which material is available from land owned by the "Owner" and
described as follows, to-wit:
A portion of the Northwest 3, Section 15, Township 5 North, Range 67 West of the
6th P.M. Weld County, Colorado
(Soa-ska.tah-on-bask)
NOW, THEREFORE, IT IS AGREED BY THE PARTIES:
The Owner, for the consideration of One Dollar, receipt of which is hereby
acknowledged, hereby grants to the Department the exclusive right and option from
the date of this Agreement until the 31pt day of July , 19 76
at 12:00 Noon, to purchase and remove front the subject premises.
(a) Borrow Material at Ten Cents ( 10 C) per (km4) (cu.yd. )
(b) at Cents ( ---C) per (ton) (cu.yd. )
or for a lump sum of $ . If the Department exercises this Option
within the time aforesaid, the Department shall then have the right to purchase and
remove all material necessary for construction of Department projects in the area
and for adequate maintenance stockpile. If the Department exercises this Option, C./
the Owner shall be paid a minimum of $25.00.
� r
The Department stall avethe right of i gre S and egress to a om the sub-
ject premises S ing-anti
; and to e loy any reasonable ods for remov-
al of material. A ter the Department has p ted its removal Qderat ons, it will
leave the premises in a neat condition.
This Agreement is for removal of material for use on Department projects and
maintenance only, and removal by any other persons including the Department's
contractor or contractors for any purpose other than as herein provided, shall be
under a separate agreement with the Owner and only with written approval of the
Department. .
It is understood and agreed that, upon the letting of a contract by the Depart-
ment to a contractor for the construction, improvement and maintenance of highways,
the Department shall assign to the contractor all its right, title and interest
under this instrument, insofar as the same shall be applicable to the projects let
to the contractor, and the contractor may reassign such option to subcontractors
working on said projects. If the option is exercised by the contractor or any
subcontractor, said contractor or subcontractor shall have a right to extract all
material needed for the projects covered by the contract let by the Department, sub-
ject to'all the terms of the Option.
Page 1
Please see reverse side for
Page 2
'1;1
The Owner hereby warrants that he has good title to the above described pre-
mises; that he has the lawful right to grant this Option, and that he agrees to
hold the Department harmless from any and all claims from others asserting any
interest in the subject land.
Additional Conditions Mr. Donald E. Leonard to be contacted before any
material is removed. (See attached additional conditions.)
DEPARTMENT OF HIGHWAYS, STATE OF COLORADO Donald E. Leonard
((Owner(s) - Insert as appear(s)
(//, ��� above)77
)
By: \_. ,l "1�,� L_ \ -7� r r'-- By: 'L6)4. JG L �/ y� C✓l /Gf�
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By: -By-: Olive M. Leonard (Life Estate)
BY: (� /2
ALP:el
DISTRIBUTION:
Original - Design Engineer
1 - Owner or each Owner
1 - Materials Engineer - Denver
2 - Construction Engineer - District
1 - Maintenance Engineer for all State Forces Projects
* * * * * * * * * * *
STATE OF
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, A.D. 19 , by
Witness my hand and official seal.
My commission expires
(SEAL) Notary Public
(Original to be acknowledged and recorded if, in the opinion of the District
Engineer, there is possibility of transfer of the premises or question of title.
Refer to D.O.H. Memo No. 418, dated April 7, 1972. ) -
Please attach plat of pit area.
Field Sample No.
Page 2
, 1
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RF 034-1(10)
257 - W. to I-25
"ADDITIONAL CONDITIONS CONTINUED"
1. The top eight inches (8") , approximately, to be removed,
stockpiled, then spread uniformly over borrow area after
borrow material has been removed.
2. Borrow material to be removed as staked by the engineer;
however, depth of excavation shall not exceed an elevation
approximately two feet above the ditch line of east bound
U.S. 34 adjacent to the borrow area.
3. Borrow area is to be smoothed up and left in a neat condition
with backslopea left no steeper than 15:1.
Page 3
ai2,4ifk` T�',:
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LAND RECLAMATION BOARD
Department of Natural Resources
oom 215, 1845 Sherman St. Telephone: 892-3401
enver, Colorado 80203
Operator's Plan of Reclamation
State Department of Highways
. Name of operator Division of Highways - State of Colorado Phone 353-1232
. Address of operator 1420 Second Street, Greeley, Colorado 80631
• Legal description of affected land A portion of the NW t. Section 15, and a portion of
the NE 4, Section 16, both in Township 5 North, Range 67 West of the 6th P.M. . Weld
County, Colorado.
. (a) Number of acres 31.8 (b) Initial permit number
Describe herein the operator's choice of reclamation in accordance with the provisions
of 92-13-6, CRS 1963, as amended. Details of this plan shall be appropriate to the
type of reclamation designated.
I. Enclose herewith an accurate map of the affected area. The map shall show:
(a) All pertinent details such as roads and access to the area and reclamation accom-
plished;
(b) Section, township, range and county lines within the scope of the map;
(c) Access to the area from the nearest public road;
(d) A meridian; --
(e) A title containing the name of the operator and his address;
(f) Scale of the map;
(g) Name of engineer or other person who prepared map;
(h) The date;
(i) The township, range and county of the affected area.
7. I hereby certify that the foregoing and attached information is complete and correct
as determined from all available records.
::Signed C`'(5K
Title District Materials Engineer
Date ? —7 - 75
LAND RECLAMATION BOARD
Approved by
Title
Date
Conditions of approval, if any:
!
Mailing List SUP 291 St. Highway Dept.
Gladys Loyd
502 W. 3rd Street
Loveland, Colorado 80537
Eastko Farms
c/o Fuller and Co.
1515 Arapahoe Street, #1600
Denver, Colorado 80202
Dorothy Rankin & Colleen M. Nies
Box 427
Longmont, Colorado 80501
Olive M. Leonard
500 W. 3rd Street
Loveland, Colorado 80537
Elmer E. and Roy E. Lunchall
Paul E. Goss, Trustee
1016 Deborah Drive
Loveland, Colorado 80537
Mervin G. Martin
Box 413
Milliken, Colorado 80543
DATE : Octo' - 20, 1975
TO : The Board of. County Commission. ors
Weld County, Colorado
FROM: Clerk to the Board Office
Commissioners :
If you have no objections , we have tentatively set the
following hearing for the 24th of November at 10: OQ A.M. :
State Highway Department, SUP , Borrow extraction
Eastman Kodak Company, COZ , I to S •
Eastman Kodak Company, COZ , A to S -
Eastman Kodak Company, COZ , A to I
Eastman Kodak Company, COZ, S to I
" Eastman Kodak Company, COZ , I to A—UD
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OFFICE OF THE CLERK TO THE BOARD
BY : f Ceputy
The above mentioned hearing date and hearing time may be scheduled
on the agenda as stated above :
HOARD OF COUNTY COMMISSIONERS
VIE D COUNTY , COLORADO
,
CERTIFICATION OF COPY
I , Janna Morrow , 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 October 7. 1975 and re-
corded in Book No . V of the proceedings of the said Planning
Commission .
Dated he 9th day of October 19 75
Secrp ary
LEGAL DESCRIPTION OF SPECIAL USE PERMIT
AREA #1
A tract or parcel of land containing 8.7 acres,
more or less, in the NW 1/4 of Section 15, Township 5
North, Range 67 West, of the 6th Principal Meridian,
in. Weld County, Colorado, said tract or parcel being
more particularly described as follows:
Beginning at a point in the NW 1/4 of Sec. 15,
T. 5 N. , R. 67 W. , on the South Right-of-Way Line of
U. S. Highway 34 opposite Station 287+00:
1. Thence S. 21` 48' E. , a distance of 323' ,
2. Thence S. 9` 28' E. , a distance of 304' ,
3. Thence South, a distance of 590' ,
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4, Thence West, a distance of 600' ,
5. Thence North, a distance of 760' , more or less,
\o the point of beginning.
The move described parcel contains 8.7 acres, more
P/ or less.
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LEGAL DESCRIPTION OF SPECIAL USE PEI2NiT
AREA #2
A tract or parcel of land containing 23.1 acres.
more or less, in the NE 1/4 of Section 16, Township 5
North, Range 67 West, of the 6th Principal Meridian,
in Weld County, Colorado, said tract or parcel being
more particularly described as follows:
Beginning at a point in the NE 1/4 of Sec. 16,
T. 5 N. , R. 67 W. , on the South Right-of-Way Line of
U. S. Highway 34 opposite Station 2661430:
1. Thence N. 89` 57' E. , a distance of 900' ,
2. Thence S. 82° 34' E. , a distance of 108' ,
3. Thence S. 2° 03' E„ a distance of 986' ,
4. Thence S. 89° 57' W. , a distance of 1007' ,
5. Thence N. 2° 03' W. , a distance of 1000' , more
or less, to the point of beginning.
The 'above described parcel contains 23.1 acres,
more or le s.
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from the Office of Greeley, Colorado
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO October 24, 1975
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Publisher:
Please insert the enclosed noticesin your issue the week of
November 14, 1975 one time only. Regarding payment, complete
the enclosed voucher and forward it to us . When returning the
voucher, please include an affidavit of publication so we may
complete our files.
Thank you for your cooperation.
Sincerely,
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: S . Lee Shehee, Jr .
County Clerk and Recorder
and Clerk to the Board
6 notices '� ���.,�,� 7 // / ` /
75-50 thru 75-55 B'c_yvr� �v a1Wee:/r�C�tC,C.A1./
eputy County Clerk
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COUNTY ATTORNEY
DOCKET ft 75-50
DATE : November 24, 1975
TIME : 10:00 A.M
REQUEST : Special Use Permit, Borrow Extraction
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