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Home My WebLink About790467.tiff a RESOLUTION RE: APPROVAL OF SPECIAL USE PERMIT FOR A DAIRY OPERATION FOR MANUEL AND VERA SILVA, P. O. BOX 120 , KERSEY, COLORADO. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners of Weld County, Colorado held a public hearing on the 30th day of May, 1979 at the hour of 2 :00 o 'clock p.m. in the Chambers of the Board of County Commissioners for the purpose of hearing the application of Manuel and Vera Silva, P. 0. Box 120 , Kersey, Colorado 80644 , for the granting of a Special Use Permit for a dairy operation on the following described real estate, to-wit: A tract of land located in the West one- half of Section 35, Township 4 North, Range 64 West of the 6th P.M. , Weld County, Colorado and being more parti- cularly described as follows : Commencing at the Northwest corner of said Section 35 and considering the West line of said Section 35 to bear South 00°00 '00" West and with all other bearings contained herein relative thereto: Thence South 00 °00 '00" West along the West line of said Section 35, 1000 . 00 feet to the True Point of Beginning: Thence North 90°00 ' 00" East, 1700 .00 feet; Thence South 00°00 '00 " West, 1700 .00 feet; Thence South 90°00 '00 " West, 1700 . 00 feet to a point on the West line of said Sec- tion 35; Thence North 00°00 ' 00 " East, along the West line of said Section 35, 1700 .00 feet to the True Point of Beginning; Said tract of land contains 66 . 345 acres more or less. WHEREAS, a representative of the petitioners was present, and WHEREAS, evidence was presented in support of the granting of the Special Use Permit for a dairy operation on the abovede- scribed real estate, and WHEREAS, Section 3 . 3 . (E) (2) of the Weld County Zoning Resolu- tion authorizes such a use in an Agricultural District upon approval by the Board of County Commissioners , and WHEREAS, the Board of County Commissioners of Weld County, Colorado heard all the testimony and statements of those present, 790467 rJ. I i r -1 has studied the request of the petitioners and the recommenda- tions of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter, and having been fully informed, is satisfied that the request for a Special Use Permit for a dairy operation on the hereinabove described real estate, conforms to the purposes of Section 3. 3 . (E) (2) of the Weld County Zoning Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the application of the petitioners for a Special Use Permit for a dairy operation on the hereinabove described tract of land be, and hereby is, granted subject to the following: 1. The Development Standards contained in the Special Use Permit. 2. No building or electrical permits for the dairy facilities shall be issued on the Special Use Permit area until the Development Standards for the Special Use Permit have been placed on the Special Use Permit plat and said plat having been delivered to the office of the Department of Planning Services. BE IT FURTHER RESOLVED by the Board that the reasons for approval contained in the Planning Commission recommendations dated April 17 , 1979 be, and hereby are, incorporated as the findings of fact of the Board of County Commissioners in this matter. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of May, A.D. , 1979 . ‘731 ®' BOARD OF COUNTY COMMISSIONERS ATTEST: a.,,, , I ` " WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Bo 7i1.-<",Y..2 4,--2,7 Z', ../39. 1 BY: j —ti ( l ,� t - i l/ Deputy County et-k C'i 7,11 144/yAPP ED AS TO FORM: 2,'2( ,Zr �%�=cli , e ....e...:e.__:; County Attorney DATE PRESENTED : JUNE 4 , 1979 BEFORE lrit WELD COUNTY, COLORADO PLANNING LJMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Date Ap,117, 1979 Case No. SUP# 382:79:4 APPLICATION OF Manuel and Vera S-i-1-va ADDRESS lo. Brly 12n, KP rsPy r Colorado 80644 Moved by Frank Suckla that the following resolution be introduced for passage by the Wed County Planning Commission: Be it Resolved by the Weld County Planning Commission that the appli- cation for site approval of Dairy Operation covering the following described property in WeTd County, Colorado, to-wit: • :. ; . , - . { - � , Tr r -: ; Ei% kELr- ers . r i Ti'E ILL -i E%C F .iR:1 U� :��, � .'� �_ _ . , , ,. F •E r ; 6 407 Said C A i':11TS11.") SEC-:O 3: ' .r' r '+5 . r .-'..� �� -L_ ^ST Sf!:, E_-:0% 3 . . FE_- Tr nr S1. L AC- OF :_A%D CC . . .. ?Cr 7 C "CRE L ' S. s. It is the opinion of the Planning Commission that with the design and controls proposed in the dairy operatio4, there is little chance for adverse impacts on the surrounding environment. Motion seconded by Irma White Vote: For Passage Percy Hiatt Against Passage Ben Nix ---____- Fred Otis__ Jim Gilbert Chgck Carlson Frank Suckla Bette .Kuntz Irma White The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Shirley A. Phillips , 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, Color- ado, adopted on April 17. 1979 and recorded in Book No. VI of the proceedings of the said Planning Commission. Dated the 18 day of April 19 79 . Secretary `` Manuel and Vera Silva SUP-382 : 79 :4 PLANNING COMMISSION RECOMMENDATION April 17, 1979 2 . It is the opinion of the Planning Commission that this proposed operation is in compliance with the provisions of Section 3 . 3 . (E) (2) of the Weld County Zoning Resolution . The proposed use will be compatible with the surrounding area, in harmony with the character of the neighborhood and existing agricultural uses , compatible with the future development in the area and will not adversely affect the health, safety and welfare of the inhabitants of the area and the county. This determination is based upon the following: A. The proposal is for an agri-business in an agriculturally zoned area, with existing land uses being predominantly agricultural . B. The dairy operation and management practices as outlined and controlled in the Development Standards will make this operation compatible with the surrounding area by minimizing any potential adverse impacts . C. The following referral entities have reviewed this request and have set forth no objections to it : 1. Weld County Engineering Department ; 2 . Colorado Division of Water Resources ; 3 . Weld County Extension Agent ; 4 . Platte Valley Fire District ; 5 . State Engineer Division of Water Resources D. The following referral agencies have also reviewed the request . Their recommendations have been included in the attached Development Standards : 1. The Weld County Health Department has concerns regarding lagoon construction, design of milking operation , and proposed septic systems . 2 . The West Greeley Soil Conservation District recommends that lagoons be lined to prevent seepage due to sandy soils in the area. 3. The Colorado Geological Survey recommends that subsurface conditions in excavations be evaluated by qualified personnel to determine if adverse soil conditions are present and to assure proper foundation design for all new structures . The Planning Commission recommendation for approval is conditional upon the following: Manuel and Vera Silva SUP-382 : 79 :4 PLANNING COMMISSION RECOMMENDATION April 17, 1979 1. The attached Development Standards being recommended and approved for the Special Use Permit . 2 . No building or electrical permits for the dairy facilities shall be issued on the Special Use Permit area until the Development Standards for the Special Use Permit have been placed on the Special Use Permit plat and said plat has been delivered to the office of the Department of Planning Services. Manuel and Vera Silva - SUP - Dairy DEVELOPMENT STANDARDS 1. The permitted uses on the hereon described parcel shall be a dairy operation and shall be limited to the facilities shown which are designed to handle a total of 500 milking cows and all other uses permitted by right under Section 3 . 3B of the Weld County Zoning Resolution. 2. The Special Use Permit area shall be maintained in such a manner so as to prevent soil erosion, fugitive dust, and the growth of noxious weeds . 3 . All phases of the operation shall comply with all County and State Health Standards and Regulations pertaining to air quality, water quality, noise emission, and sanitary disposal systems. 4. Lagoons for wastewater retention shall be installed as per Rules and Guidelines for Water Pollution Control at Livestock Confinement Areas issued by the Colorado Department of Health, May, 1968 . The applicant shall be responsible for any additional applicable directives or guidelines issued by the Colorado Department of Health Water Pollution Control Division. 5. All accesses shall have the approval of the Weld County Engineering Department. All accesses shall be constructed in accordance with the recommendations and/or requirements of the Weld County Engineering Department. 6. All plans, specifications and data pertaining to the dairy operation shall be submitted to the Weld County Health Department for approval prior to obtaining a Building Permit for the dairy operation. 7 . There shall be no discharge of wastes into any streams, other bodies of water, or adjacent drainage systems without obtaining a National Pollution Discharge Elimination System Permit from the Colorado Department of Health. 8. The Special Use Permit shall be limited to the plans shown hereon and governed by the Development Standards stated above and all applicable Weld County Regulations . Any material deviations from the plans and/or Development Standards as shown or stated above shall require the approval of an amendment to the Special Use Permit by the Planning Commission and the Board of County Commissioners before such changes from the plans and/or Development Standards shall be permitted. Any other changes from the plans and/or Development Standards shall be filed in the office of the Department of Planning Services . • The Weld County Planning Commission held a scheduled meeting on April 17, 1979 beginning at 10 : 00 a .m. in the Weld County Centennial Center, 915 10th Street , Greeley, Colorado. Roll Call was as follows : Chuck Carlson Present Ben Nix Present Frank Suckla Present Percy Hiatt Present Bette Kountz Present Jim Gilbert Present (afternoon only) Fred Otis Present (afternoon only) Irma White Present (afternoon only) Jerry Kiefer Absent Also present were : Tom Honn, Zoning Administrator Vickie Traxler, Assistant Zoning Administrator Lee Morrison, Assistant County Attorney As a quorum was present the meeting proceeded as scheduled. Chairman Carlson called for a motion to approve the minutes of Apri13 , 1979 . Bette Kountz made a motion to accept the minutes as presented. The motion was seconded by Percy Hiatt . All members present cast a unanimous vote of "aye" to accept the minutes . Motion carried. APPLICANT: O' s Gold (Dennis Dudley) CASE NUMBER: Site Plan Review LEGAL DESCRIPTION: Pt . SE* NE4i Section 5 and Pt . SWq NW*, Section 4 , T5N, R65W LOCATION: 124 East 4th Street Road, Greeley APPEARANCE : Dennis Dudley DISCUSSION: Mr. Dudley stated that he plans to double the size of the existing building to store seed corn . There will be no water or sewer services involved, only electricity . No comments or questions followed. Tom Honn then read the staff ' s recommendation for approval of the request . The applicant had no further comments . MOTION: Be it therefore resolved to recommend approval to the Board of County Commissioners based on the staff ' s recommendation . Motion by Frank Suckla, seconded by Bette Kountz. A vote of "aye" was cast by Percy Hiatt , Ben Nix, Jim Gilbert , Frank Suckla, Bette Kountz, and Chuck Carlson . Motion carried. APPLICANT: Continental Pipeline Company CASE NUMBER: SUP-385 : 79 : 7 SUBJECT: Amend SUP-187 for an Oil Storage Facility LEGAL DESCRIPTION: Pt . NW* NWq, Section 2 , T1N, R67W LOCATION: Southeast of the intersection of County Roads 21 and 14 APPEARANCE: Steve Theede, Assistant District Manager - Cheyenne DISCUSSION: Mr. Theede first gave a brief description of why Continental Pipeline Company is doing business in Weld County . This primarily being gathering crude oil from producing wells. The crude is gathered into a main station at Fort Lupton and injected into the main line system that moves south to Denver to serve refineries in that area. Part of this total system encompasses two locations . One at the location applied for in this request and the other at U.S . Highway 85 and County Road 18zi Planning Commissio linutes Page 2 April 17 , 1979 . being Spindle A and Spindle B respectively . The proposed use for this amendment is for a crude oil truck unloading facility and transfer facility to receipt pipeline gathered crude into the facility for subsequent delivery, by pipeline, to Continental Pipeline ' s Fort Lupton station . This will increase the accuracy of measuring receipt volumes from truck transports and reduce truck traffic. Discussion followed regarding the truck traffic. Tom Honn then read the staff ' s recommendation for approval of the request and the Development Standards . The Chairman then asked Frank Suckla and Percy Hiatt for their comments on their site review of the proposal . Mr . Suckla stated that he feels the existing facilities are too close to the road and too close to the farm buildings . Mr. Hiatt stated he felt the same as Mr . Suckla and does not want to see the facility enlarged any more closer to the surrounding property owners, being the Berger' s. Chairman Carlson then asked for comments from the audience . At this time Jack Berger , Jr . expressed his opposition to the facility as he feels that it is a safety hazard and does not want the facility enlarged for this reason . He distributed pictures of a spill of the facility. He also stated that trucks are operating 24 hours a day and the circular area is not paved. Jack Berger, Sr. stated he felt the same way . He has no objection if they move it farther awaay . Chairman Carlson then asked John Hall of the Weld County Health Department for his comments . regarding this . 1Ir . Hall at this time stated that at the Spindle B site there was oil on the ramp where the trucks unloaded. The oil was being transported on the truck tires and then onto the road. He also stated that he did some noise level testing at both sites and the noise level was too high when the trucks were running and unloading . When they left the level was alright . Mr. Gilbert then asked if the area was in fact paved as stipulated in the permit . Mr . Theede stated that a concrete drive was put in because asphalt deteriorates . MOTION: Be it therefore resolved to table the request until the Planning Commission meeting on May 1, 1979 for further research by the Planning Staff as to whether they have in fact met the commitments that were made in the original Special Use Permit ; further information on the capacity of the bermed area if an additional 1,000 barrel storage is added. Motion by Jim Gilbert , seconded by Percy Hiatt . A vote of "aye" was cast by Percy Hiatt , Ben Nix, Jim Gilbert , Bette Kountz, and N Chuck Carlson . Frank Suckla cast an abstention vote . APPLICANT: Continental Pipeline Company CASE NUMBER: CUP-46 :79 : 7 SUBJECT: Amend CUP-22 for a Crude Oil Truck Unloading Facility LEGAL DESCRIPTION: Pt . NWq, Section 20, T2N, RG6W LOCATION: Northeast of the intersection of U. S . Highway 85 and County Road 18i- DISCUSSION: This application was basically presented in conjuctnion with SUP-385 . However, Continental Pipeline Company wishes to have a crude oil truck unloading facility as their proposal . The Planning Staff ' s recommendation was not read. MOTION: Be it therefore resolved to table the application until the May 1, 1979 Planning Commission meeting in conjunction with the previous item. Motion by Jim Gilbert , seconded by Bette Kountz . A vote of "aye" Planning Commission Minutes Page 3 April 17 , 1979 was cast by Percy Hiatt , Ben Nix, Jim Gilbert , Bette Kountz and Chuck Carlson . Frank Suckla cast an abstention vote . APPLICANT: Eugene Brownwood CASE NUMBER: SUP-381 : 79 : 3 SUBJECT: Dairy Operation LEGAL DESCRIPTION: Pt . E SW4i Section 11, T4N, R67W LOCATION: Approximately 2 mile south of the Town of Milliken APPEARANCE: Alan Brownwood DISCUSSION: M. Brownwood stated that they want to move their present dairy operation in Larimer County to this location . The site would be on 80 acres of property and would eventually be milking 400 cows . Tom Honn then read the staff ' s recommendation for approval and the Development Standards. No questions were asked by the Planning Commission . MOTION: Be it therefore resolved to recommend approval to the Board of County Commissioners with the Development Standards based on the staff ' s recommendation. Motion by Jim Gilbert , seconded by Percy Hiatt . A vote of "aye" was cast by Percy Hiatt , Ben Nix, Jim Gilbert , Frank Suckla, Bette Kountz and Chuck Carlson . Motion carried. APPLICANT: Harold and Fred Reese CASE NUMBER: S-159 : 79 :4 SUBJECT: Preliminary Plan - I-25 Subdivision LEGAL DESCRIPTION: Pt . EZ SE*, Section 10 and Pt . NE* NE*, Section 15 , T2N, R68W LOCATION: Z mile south of Colorado Highway 119 on the west side of I-25 , directly south and east of Del Camino Mobile Home Park APPEARANCE : Bill Shade DISCUSSION: This application was continued from the April 3, 1979 Planning Commission hearing. Mr . Shade stated he had no further comments to make other than that the concerns of the Utility Board have been addressed. Tom Honn then read the staff ' s recommendation for approval . MOTION: Be it therefore resolved to recommend approval to the Board of County Commissioner based on the staff ' s recommendation . Motion by Bette Kountz, seconded by Jim Gilbert . A vote of "aye" was cast by Percy Hiatt , Ben Nix, Jim Gilbert , Frank Suckla, Irma White , Bette Kountz, and Chuck Carlson . Motion carried. APPLICATN: West Greeley Farms , a partnership CASE NUMBER: Z-320 : 79 :4 SUBJECT: Change of Zone from "A" Agricultural Zone District to "E" Estate Zone District with a Unit Development LEGAL DESCRIPTION: El- NEq, Section 1, T5N, R67W LOCATION: Approximately 32 miles northwest of Greeley APPEARANCE : Ramon Moore DISCUSSION: Mr. Moore stated that this development would be on approximately 75 acres of property with 8 single family residences on the development . There are no water rights with this property and no irrigation water. The topography of the land has not allowed this property to be farmed, so this is only native grass. Some discussion followed regarding the small pond that will be developed in the existing drainage area. Tom Honn and the Planning Staff were unable to make a recommendation regarding this request . Mrs . Kerbs , surrounding property Planning Commissio [mutes Page 4 April 17 , 1979 owner, stated that the only thing she is concerned about is that a provision should be made for damage to property if the pond should wash out . Jim Gilbert stated that he had site reviewed the property and feels that this is an excellent concept and a very natural and compatible use for the property. Also that it would be the highest and best use of the property. Mrs . Kountz asked if the applicant was aware of the snow-making machines that could create noise at the Sharkstooth Ski area. Mr . Moore said he was aware of this . MOTION: Be it therefore resolved to recommend approval to the Board of County Commissioners because it is an extremely compatible use for this piece of ground in that the Planned Unit Development will only disturb 15 acres of property and because it is the highest and best use for this piece of ground. Motion by Jim Gilbert , seconded by Fred Otis. A vote of "aye" was cast by Percy Hiatt , Ben Nix, Fred Otis , Jim Gilbert and Chuck Carlson. A vote of "no" was cast by Frank Suckla, Irma White and Bette Kountz . Motion carried for approval. APPLICANT: W.R.E.N. Broadcasting Company CASE NUMBER: CUP-45 : 79 : 5 SUBJECT: Radio Transmission Towers LEGAL DESCRIPTION: SE*, Section 18, T7N, R67W LOCATION: Approximately 4 miles northwest of Severance APPEARANCE: Tom Metcalf , attorney; Ihor Sulyma, engineer DISCUSSION: Mr . Metcalf stated that the proposed site is a property of 150 acres . The towers will not prevent future farming. Ben Nix then asked why four towers are needed. Ihor Sulyma then explained that the towers are used to control the amount and direction of the signals to provide coverage and to meet requirements as set down by the FCC . Tom Honn then read the staff ' s recommendation for approval and the Development Standards . Chairman Carlson then asked for any comments from persons in the audience . At this time Bob Ray, in representing Julius and Annabell Lindquist , expressed their opposition to the request . Wilbur Schild also expressed his opposition as he feels his property will be devaluated and he has towers surrounding his property now. Mr. Nix then asked why this particular site was chosen . Mr. Metcalf responded that they had looked for several months and this site was the only one which would be the least affected as regards agricultural ground. MOTION: Be it therefore resolved to recommend denial for the following reasons : 1) Just because the water has been sold off the farm does not remove the designation of prime agricultural ground; 2) Concern with the number of towers that are going to go into that area that are proposed now, that are existing now, that are proposed and will be proposed in the future; 3) In this type of request the neighbors feelings have to be strongly considered in any recommendation the Planning Commission makes . The Motion was made by Jim Gilbert and seconded by Frank Suckla. A vote of "aye" was cast by Percy Hiatt , Ben Nix, Jim Gilbert , Frank Suckla, Irma White, Bette Kountz, and Chuck Carlson . A vote of "no" was cast by Fred Otis . Motion carried for denial . (\ APPLICANT: Manuel and Vera Silva CASE NUMBER: SUP-382 : 79 :4 SUBJECT: Dairy LEGAL DESCRIPTION: Pt . WZ, Section 35 , T4N, R64W LOCATION: Approximately 7z miles southeast of Kersey 'Planning Commission Minutes Page 5 April 17, 1979 APPEARANCE : Jack Silva DISCUSSION: Mr . Silva stated that they just purchased this property and wish to have approximately 500 cows eventually . There is presently a permit on this property for 3 , 500 head for a feeder operation, so there are corrals , etc. on the property now. Some new corrals will be built later. At this time Tom Honn read the staff ' s recommendation for approval and the Development Standards . Some discussion followed. MOTION: Be it therefore resolved to recommend approval to the Board of of County Commissioners based on the staff ' s recommendation with the Development Standards . ' Motion by Frank Suckla, seconded by Irma White. A vote of "aye" was cast by Percy Hiatt , Ben Nix, Fred Otis , Jim Gilbert , Frank Suckla, Irma White , Bette Kountz and Chuck Carlson . PPLICANT: Front Range Hay Company, Inc. CASE NUMBER: SUP-384 : 79 : 6 SUBJECT: Alfalfa Cubing Facility LFGA_L DESCRIPTION: Pt . NW*, Section 2 , T1N, P65W LOCATION: Approximately 3/4 mile northeast of Hudson , north of I-76 APPEARANCE : Bill Adams DISCUSSION: Mr. Adams stated that he purchases alfalfa hay from local farmers and the hay is processed into cubes using a cubing machine and sold wholesale . A steel building will also be constructed to house the cubing machine, sacking equipment and to house the cubes prior to shipment . The cubes are sold all over the United States and to Canada. They eventually hope to ship it to South America and Japan . Tom Honn then read the staff ' s recommendation for approval and the Development Standards . MOTION: Be it therefore resolved to recommend approval with the Development Standards to the Board of County Commissioners based on the staff ' s recommendation . Motion by Percy Hiatt , seconded by Ben Nix. A vote of "aye" was cast by Percy Hiatt , Ben Nix, Fred Otis , Jim Gilbert , Frank Suckla, Irma White , Bette Kountz , and Chuck Carlson. Motion carried. APPLICANT: Bruce Johnson and Sons, Inc . CASE NUMBER: SUP-383 : 79 : 5 SUBJECT: Hog Farrowing and Finishing Operation LEGAL DESCRIPTION: Pt . NW4i Section 11, T6N, R65W LOCATION: 3 miles west and 1 mile south of Galeton APPEARANCE : Neal Johnson DISCUSSION: Mr. Johnson stated that they are proposing to have an 800 to 1, 000 head operation which is designed to be compatible with the environment . A well has just recently been constructed this year for the operation which will pump 15 gallons per minutes . No questions were asked at this time . Tom Honn then read the staff ' s recommendation for approval and the Development Standards . Mr. Johnson then asked what he had to do about the access to the property regarding obtaining a permit . Mr. Honn stated that the Engineering Department reviewed the proposal and suggested the applicant contact them before construction beings for a permit . Discussion followed regarding the capacity and consumption of water which will be used. Planning Commissi Minutes Page 6 April 17 , 1979 MOTION: Be it therefore resolved to recommend approval with the Development Standards to the Board of County Commissioners based on the staff ' s recommendation . Motion by Ben Nix, seconded by Fred Otis . A vote of "aye" was cast by Percy Hiatt , Ben Nix, Fred Otis, Jim Gilbert , Frank Suckla, Irma White, Bette Kountz , and Chuck Carlson . Motion carried. . ADOPTION AND CERTIFICATION OF REVISED OFFICIAL ZONING MAP, WELD COUNTY, COLORADO: Tom Honn stated that the Official Zoning Map for Weld County was last updated in December, 1976 . All zoning cases that have been approved by the Board of County Commissioners since that time have been placed on the map and is now current . MOTION: Mr. Gilbert made a motion to authorize the Chairman to sign th Official Zoning Map so that it can be forwarded to the Board of County Commissioners for their approval and final recordation. The motion was seconded by Percy Hiatt . All present cast a unanimous vote of "aye" . Motion carried. CONSIDERATION OF LOCHBUIE SEWAGE DISPOSAL SYSTEM: Tom Honn stated that this item represents a request by the Town of Lochbuie for approval for sewage collection facilities. A Special Use Permit was issued in 1973 which allowed for the location and eventual construction of the sewage treatment facility located northeast of the community. The staff does recommend approval of this request to the Planning Commission . Discussion followed. MOTION: Mr. Gilbert made a motion to authorize the Chairman to sign the proposal for the collection system. The motion was seconded by Fred Otis . All present cast a unanimous vote of "aye" . There being no further business , the meeting was adjourned. Respectfully submitted, Shirley A. Phillips N • Planning Commission Secretary c _ A public hearing was conducted on May 30 , 1979 at 2: 00 P. M. , with the following present: NORMAN CARLSON CHAIRMAN LYDIA DUNBAR COMMISSIONER BILL KIRBY COMMISSIONER LEONARD ROE COMMISSIONER JUNE STEINMARK COMMISSIONER Also present: ACTING CLERK TO THE BOARD , JEANNETTE ORDWAY ASSISTANT COUNTY ATTORNEY , R. RUSSELL ANSON PLANNING DEPARTMENT REPRESENTATIVE , TOM HONN 'The following business was transacted : I hereby certify that pursuant to a notice dated April 23 , 1979 duly published April 26 , 1979 and May 17 , 1979 in the Platteville Herald , a public hearing was held on the request of Manuel and Vera Silva for a special use permit for a dairy operation . Mr . Jack Silva was present and reviewed his request . Tom Honn reviewed the Weld County Planning Commission' s favorable recommendation with conditions and development standards . There was no one present in opposition to this request . After consideration, Commissioner Steinmark made a motion to grant this special use permit request including conditions and development standards as stressed by the Weld County Planning Commission. Commissioner Roe seconded the motion and it carried unanimously . • CHAIRMAN BOARD OF COUNTY COMMISSIONERS ` WELD COUNTY, COLORADO e ATTEST: " ' �j WELD COUNTY CLERK AND RECORDER AND CLERK TO THE D p!( ✓i�✓� A b..1 a- epu/ty County Cl rk DOCKET # 79-18 TAPE # 79-61 LHR# /( ( �� Date: April 17 , 1979 CASE NUMBER: SUP-382 :79 :4 NAME: Manuel and Vera Silva REQUEST: Dairy Operation LEGAL DESCRIPTION: Pt. Wzf Section 35, T4N, R64W LOCATION: 71/2 miles southeast of Kersey THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE approved FOR THE FOLLOWING REASONS : 1. The request agrees with the Weld County Comprehensive Plan. Said Plan states : "Expansion and development of agri-business and . agriculturally oriented industry will be encouraged, provided these enterprises do not adversely affect the total economy or environment. " It is the opinion of the Department of Planning Services staff that with the design and controls proposed in the dairy operation, there is little chance for adverse impacts on the surrounding environment. 2. It is the opinion of the Department of Planning Services staff that this proposed operation is in compliance with the provisions of Section 3 .3 . (E) (2) of the Weld County Zoning Resolution. The proposed use will be compatible with the surrounding area, in harmony with the character of the neighborhood and existing agricultural uses , compatible with the future development in the area and will not adversely affect the health, safety and welfare of the inhabitants of the area and the county. This determination is based upon the following: A. The proposal is for an agri-business in an agriculturally zoned area, with existing land uses being predominantly agricultural . B. The dairy operation and management practices as outlined and controlled in the Development Standards will make this operation compatible with the surrounding area by minimizing any potential adverse impacts . C. The following referral entities have reviewed this request and have set forth no objections to it : A Manuel and Vera Sil _ _ SUP-382 :79 :4 PLANNING STAFF RECOMMENDATION April 17 , 1979 1. Weld County Engineering Department; 2. Colorado Division of Water Resources ; 3 . Weld County Extension Agent; 4. Platte Valley Fire District; 5. State Engineer Division of Water Resources D. The following referral agencies have also reviewed the request. Their recommendations have been included in the attached Development Standards : 1. The Weld County Health Department has concerns regarding lagoon construction, design of milking operation, and proposed septic systems . 2. The West Greeley Soil Conservation District recommends that lagoons be lined to prevent seepage due to sandy soils in the area. 3 . The Colorado Geological Survey recommends that subsurface conditions in excavations be evaluated by qualified personnel to determine if adverse soil conditions are present and to assure proper foundation design for all new structures . The Department of Planning Services staff recommendation for approval is conditional upon the following : 1. The attached Development Standards being recommended and approved for the Special Use Permit. 2. No building or electrical permits for the dairy facilities shall be issued on the Special Use Permit area until the Development Standards for the Special Use Permit have been placed on the Special Use Permit plat and said plat has been delivered to the office of the Department of Planning Services . DATE : Apri 23, 1979 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners : If you have no objections, we have tentatively set the following hearings for the 30th of May DOC #79-17 Eugene Brown, SUP, Dairy Operation DOC #79-18 Manuel & Vera Silva, SUP, Dairy Operation OFFIC,E,),F THE CLERK TO THE BOARD BY: ezae -C4Cncputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO „Li ,„ DEPARTMENT OF PLANNING SET VICE PHONE (303)356-4000 EXT 404 915 10TH STREET GREELEY,COLORADO 80631 ri Da. COLORADO March 8, 1979 Mr . Jack Silva Mr. and Mrs . Manuel Silva P.O. Box 120 Kersey, Colorado 80644 RE: Request for a Special Use Permit for a dairy operation on a parcel of land described as Pt . W2, Section 35 , T4N, R64W of the 6th p .m. , Weld County , Colorado Dear Mr. Silva: Your application and related materials for the request described above is complete and in order at the present time . I have scheduled a meeting • with the Weld County Planning Commission for Tuesday, April 17 , 1979 at approximately 1 : 30 p .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 at this meeting to present your request and answer any questions the Planning Commission might have with respect to your application . If you have any questions concerning this matter, please feed. free to contact our office . Respectfully, Vickie Traxler Assistant Zoning Administrator VT: sap 12,O � � u 1 • St NDER Complete ,ter^s 1 2 and 3 r �;' TAdd your address it cnr RETURN TO space on RECrE1_ � LP.2N f_1c,= reverses rt — = 1 The following service is requested icheck one �' Show to whom and date delivered C r Show to whom date and address of del ivc,ry C s,=\,' ti .." RESTRICTED DELIVERY \N-\ ��-- Show to whom and date delivered C s a,r^'o RESTRICTED DELIVERY _�31 � - Show to whom,date aria address of delivery $ t�. �� C 71 CONSULT POSTMASTER FOR FEES, p;;,-;,µ_ _ _ _J - ; Z 2 ARTICLE ADDRESSED TO I C-R'F-D F r E - ----- -- -�� m7 .�. - , \ �� t7:1\ l 3 ARTICLE DESCRIPTION EC u { REGISTERED NO CERTIFIED NO INSURED NC . - ,'--) i';,-.2 '.: ,_.'-- ' ,'" ' ci Cil , - ,- l , - _ _ - - (Always obtain signature of addressee or agent) J I have received thr a'.'cl deserted bed above SIGNATURE) Addre.sseF Authoriredagen' :'' a CAT4F DELIVERY POSTMARK 4' ') ACDRL ss c,c„nml<',,,,,,, #„r, ,te 1, + - 6 UNAPLE TO DLL'VER BECAUSE CLERK S 4 FIELD CHECK FILING NUMBER: SUP-382 DATE OF INSPECTION: 3/30/79 NAME: Manuel and Vera Silva REQUEST: Dairy Operation LEGAL DESCRIPTION: Pt . W , Section 35, T4N, R64W LAND USE: N Agriculture E Agriculture S Agriculture W Agriculture ZONING: N Agriculture LOCATION: 7z miles southeast of E Agriculture Kersey S Agriculture W Agriculture COMMENTS: There are 4 residences and various sheds and barns on the property . The site is elevated. There appeared to be no natural drainages nearby. Surrounding land is rangeland or irrigated (sprinkler system) corn . Access is existing to County Road 57 . BY: ',�c� , l r �r IF- NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Land Use Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, at the Lime specified. All persons in any manner interested in the Special Use Permit .ire 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 Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. Docket No. 79-18 Manuel and Vera Silva P. O. Box 120 Kersey, Colorado 80644 Date: May 30, 1979 Time: 2:00 P. M. Request: Special Use Permit - Dairy Operation A TRACT OF LAND LOCATED IN THE WEST i OF SECTION 35, TOWNSHIP 4 NORTH, RANGE 64 WEST OF THE 6th P. M. , WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 35 AND CONSIDERING THE WEST LINE OF SAID SECTION 35 TO BEAR -SWI'H 00°00'00" WEST AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE SOU'T'H 00°00'00" WEST ALONG THE WEST LINE OF SAID SECTION 35, 1000.00 111711 TO THE TRUE POINT OF BEGINNING: THENCE NORTH 90°00'00" EAST, 1700.00 FEET; THENCE SOUTH 00°00'00" WEST, 1700.00 111'; THENCE SOUTH 90°00'00" WEST, 1700.00 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 35; THENCE NORTH 00°00'00" EAST, ALONG THE WEST LINE OF SAID SECTION 35, 1700.00 r' 1' TO THE TRUE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 66.345 ACRES MORE OR LESS. .O�$ 321Z2�� THE BOARD OF COUNTY COMMISSIONERS 1 ' r''S WELD COUNTY, COLORADO � cn � �p9 ,9 BY: MARY ANN FEUERSTEIN co e COUNTY CLERK AND RECORDER p�a4ehog C°°0- AND CLERK TO THE BOARD o�4is4© �O 2,\' BY: Jeannette Ordway, Deputy 8Z954qC' D: April 23, 1979 PUBLISHED: April 26th, 1979, and May 17th, 1979 in the Platteville Herald from the Office of Greeley, Colorado TILL BOARD OF COUIJ'I -OMM1SSIONERS WELD COUNTY , CULOIv+vJ APri1_23 ' 19 79 Publisher : Please insert the enclosed entice in your issue the week of 1, -21T-1929_-- one time only. Rcyardin(J payment , complete the enclosed vouchr�r and forward it to us. When returni y the voucher, please include an affidavit of publication so we may complete our files . Thank you for your cooperation . S-incciely , '1'111'; 11(/11(1) or ('oIUJ'I'Y t1 1l SS IONI;RS WE 1,1) COUNTY , COLORADO BY : Mary Ann Feuersl•ein County Clerk and Recorder and Clerk to the Board Docket No. 79-18 By : Jeannette Ordway Deputy County Clerk v7i SENDER Complete items I urJ o Add your address in the "RETURN TO ' space on 3 reverse m 1 The following service is requested (cheek one) El Show to whom and date delivered 25t' 2 E Show to whom,date,&address of delivery i5e , s y.& ,,o-'� '� e,io, , tih„ Show toCTED DELIVERY i �4Z„: w ° to a hom and date delivered 55( RESTRICTED DELIVERY - Show to whom,date, and address of delivery S1 05 - ... i Fccs shown arc in addition to postage charges and other Greeley Tribune fees). u{7+7rfbn:?,.-` _"-�I .�5'b`t�"W - ii ..,, r� • 714 8th Street , 2 ARTICLE ADDRESSED TO q Greeley Tribune Greeley, CO 80631 ,. z 714 8th Street 79-18 • - , Greeley, CO 80631 79-18 ' - n 3 ARTICLE DESCRIPTION • m_ REGISTERED NO CERTIFIED NO INSURED NO m 280601(Always obtain signature of addressee or agent) rI have teceived the article described above m SIGNATURE I ' .Aeldri ssre \uthor ti it agent v 2 U) 4 r.r+r.+wrrM.rc. m DATE OF DELIVERY POSTMARK m .." 5 ADDRESS (Complete only If requested) �� ' v 13 -I TT, 6 UNABLE TO DELIVER BECAUSE CLERK'S O INITIALS D r J ,,nf 197o 0 ,,)i 4',6 s ^'R`*. "e _'7L ;+ r'"!Cry .4 7'4. ,41! 4," ''7,M°4' .4,-t''"P-''lyya:fnii; icV,.K.t- Q""' »" r.4''' ,,,, ,. %, 'every �+-'"C I l it. 11 FLOW SHEET APPLICANT: MavA1 CASE # REQUEST: ��2C1`0.\ �� 4DefwC- - LEGAL: \A)'1. 4 Sew--r -6S, kAJ LOCATION: I Z In►.� �e Sn urV.e.. lr DATE I BY Application Received ' `5' 15 VT Application Fee - Receipt # s- -7q vT Recording Fee ayl e k t®. 2—5 VT Application Complete 3- 6- l�'1 UT P.C. Hearing Date: pcpyc\ 14 \c - 3- L- -19 Vim. Letter to Applicant Drafted 3- (0 -11 1 V1 Referrals Listed 3- 0- i UT Field Check by D.P.S . Staff 3c0 -19 0-7 File Assembled ` -�� '`)\ Referrals Mailed Chaindexed Notification of Applicant ` 1 Surrounding Property Owners Researched 7q (I) Airphoto/Vicinity Map Preapred - 13 --7q tC.� Property Owners Notified by: p Y Pc�� 5llg Agendas Mailed by: 9i;\ Legal Approved by County Attorney 3-g 19 TbD Referrals - Complete P ", 9 OJT. Preliminary D.P.S . Staff Comments Staff Conference D.P.S. Comments P.C. Hearing Action : �� P.C. Resolution V`% \ •C' Case Sent to Clerk to Board 4 It OK/ 14 C.C. Hearing -\- \-� Action ,'C2tN�j�lq� C.C. Resolution Received \� - a�� CT Q History Card Complete C.C. Resolution Sent to Drafting Drafted on Mylar Document Sent to Clerk and Recorder P.C. Minutes \N\ S. . •, I -• r ( + • SPECIAL USE PERMIT APPLICATION Weld County Department of Planning Services 915 - 10th Street Greeley , Colorado 80631 PHONE : 356-4000 Ext . 404 FOR PLANNING DEPARTMENT USE ONLY : Permit Fee : VaS,pc7 Case Number : SLI, 'P44.3$2:"l1: 9 Recording Fee : A i o .c)o ,4k-047 App . Checked by : U,T7 Receipt No . : lit -asi TO BE COMPLETED BY APPLICANT IN ACCORDANCE WITH PROCEDURAL GUIDE REQUIRE- MENTS : Print or type only , except for necessary signatures . I , (we ) the undersigned , hereby request a hearing before the Weld County Planning Commission concerning a proposed Special Use Permit for the following described unincorporated area of Weld County : LEGAL DESCRIPTION of contiguous property owned upon which Special Use Permit is proposed : 6E Firraci-i6D A LEGAL DESCRIPTION OF SPECIAL USE PERMIT AREA : TTA ( �+� u STREET LOCATION :r / 7,Z�r, Gt)tiD Catty R,90 5.7 ZONE : /24,0/e4,47- PROPOSED USE : /)i,iy REASON: To iiv -/ ecze)S FEE OWNERS OF AREA PROPOSED FOR SPECIAL USE : i, C Ski NAME : �2/2ti//t'.� Si//, ADDRESS : ;/- 6. 43V O. 4- `T < NAME : VFi2H 6,1Y4 ADDRESS : � «-;,�� TEL : 22F /-6,-7,56' NAME : ADDRESS : TEL : 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 ) Signare : Owner or Authorized Agent Subscribed ens sworn to before me this day of / Q om , 1977 SEAL Notary Public r My commission expires : � . c\l// / Y42/e2' . A • ' A TRACT OF LAND I CIEH IN T ,JEL 1/ 2 Of �; i 1 1 U' I , 'AN�;'j P 4 ',uOTh i 'uLORE�, , AND BE 1 NO MORE ('AR— RAfdGE 64 WEST (if THI 6th r'.". , WEED I.U�lN,lY , TICUL ARLY ULHl KIBED US COMMENCI ND AT THE N(IRTH'H:1EST I ORNE R OF SAID SEC�ION :S AN ) I_')':`;IDEPING TILL WEST IIi;I OF SAID S[ U.TIUN VU TO BEAR SOUTH OO OF ' 00" 4P_. - AND 1,111H ALI OTHER DL ART NOS CO;,T A I LED HEREIN f I , TIVE THERETr: TL;: ..-T SOUTH UU0 1 0' 0 'WEST ALOND THE 'r1I ST I INE OF 5A1 ' SECTION 35, 10' 0.' FLF i TO THE 1R'' - POINT H BEOINNIND; THEN' E NORTH P I(11 ;DC" LAST , 171'x,. ' O FEET ; THEN; E SOUTH D ° n0' 00" WI 51 , 170L.M1 FELT; THENCE SOUTH 0U 00' 'in" NI ST , 17fL. 'TO F LET 10 A POINT THE W`_`,T [ INE 0IF SAID SECTION THENCE NORTH '10�' 00' 00" AE 'iNG THE WES L' NI OF ' •• [ D _SECTION 35, 1700. 10 FEET TO THE TR'1t P'1IF:T pi C'LOTNNINO; SAID TRACT OF I AND CONTAIN' H.:715 ACRES MORE OP SHRVFYOR' S CERTIFICATION I DO HEREBY CERTII Y THAT, UNDER.R MY PERSONAL SUPERVT510FJ, THIS PLAT AND LEGAL_DESFRIPTIUN WERE PREPARED ON MARCH 5, 1910. GERALD B. '�cRAE , PROFESSIN':AI E'.GINFER AND LAND SURVEYOR, COLORADO R' 0. 6o16 __ 7 1-r7-",rr!-S I4-44 4_,L k l if 1 I,AT 1 ON THIS IS TO CERTIFY THAT FHI LD oUHE;TY PI W,NING CO11T'TcSION -4ArS C RT1FIED AND DOES HEREBY RECOMMEND r, rHE EDAIED OF DUTY WILD COUNTY, COLORADO FOR THEIR CON[IRLu'• ' ON, APPROVAL '','.n ADOPTI THIS SPECIAL USL PERMI1 AS SH°WN AND DESCRIB! D HERt ON THIS DAY OF , 1979. CHAIRMAN, WEI D COUNTY PLANNI,(0 COMMI ';5ION BOARD OF COUNTY I UMMISSIHLERS LERTIFI( ATI THIS IS TO CERTIFY THAT THE BOARD COUNT" COMMISSI')1,ERS, WELD COUNTY, COLORADO DOES HEREBY CONF 1R'1 AND Ali PT THIS SPECIAL 'DDE PERMIT AND DEVELOP- MENT STANDARDS UN SHD(,N ANL DESCRIH .1 HERE ON THIS .1r•Y 01 _ , 1979 CHAIRMAN, BOARD OF COUNTY c 'IMMTSSIONLRS ATTEST: COUNTY CLERK BY: DEPUTY RECORDED BY: DATE: COUNTY RECORDER PR()PE RTr OWNER' S APPROVAL THE UNDERSIGNED MAJOR PROPERTY OWNERS(S) WITHIN THIS SPECIAL USE PERI.1IT DO HEREBY AGREE TO THI DI-"F LOPM[NT STANDARDS AS DESCRIBED HEREON THIS DAY Df o . . , 1979. JNITL A i '1'�1,� I'1' . . ATTEST: MANIl( I ;ILVA, PRE- ENT VERA SIL VA, VICE-PRESIDENT co: L).Sllfil C would like to build a dairy barn on this piece of ground. That's the reason we purchased it. ;r intend ha, c , class (17ert to have ,a 1st ; ^ti • The dairy barn will be constructed of steel and . h^.vc all the latest technology built into i t. .:.here will be a two-stage manure trap adjacent to the b'rn and It Swill be cleaned daily. _r,'��/cess water will run dot-n to a two--e Vale Isr larcoon. i? t)� t_l n• The 1st stage will be cleaned weekly or as needed with a lo,.der tractor. The 2nd stage will be pumped onto fields through sprinkler system in summer. -hen that � r impossible ♦ ry , v:'il. d. • is to do, �t will be pumped into a truck and dumod on the prairie or �yy,./�6�yy 1.,..,��Zn�fry�1� land. .�r2y�4,Qoni� will have ��.��t�.a.Z�ii�.�,J.ly , 'alod co`�4inr in then. The corrals are now lighted and we will put Ju!; control llthte in them. '!",^hi r will be nainiy a fanny operation, each man working a split shift and we should have in average of L::x m n wci✓i'>»..`'1L, on the dairy. The ' v' , -o ono to a There e �.11 vr. <'._7s'�3�+oJ�:�::�c?f, 1y �}. one and x half trucks a day coming in, such as .'s's l n ckup's and hay aTc?iver1 r4 Y 'incerely joac4in 'diva C di oral '_anagor nite .ag! _iail'.'.h, inc. 1375L (''4 .5? I{ersey, co. ao6L'it •I.., :r--11 .A 1'I V TT - - :-?"4: 1 r't•:-."-!..-,7(..-: .. : ',A .- ! - is7 ii . k- -1 Mile {i T + i y , 4 --+---—, --- -+- -- i--— f ---�— f• I L i 11 I + - T r 1- :. L-. I i 1 t- 1. N I I I I J + d I ..I L I i i 74C137:-1 .23.2_7.1;2i L-.a I I - - - + -� + - t i - T , p 4— I I I + - + _ + - + Y + I + 1 4`s I 1 - THE SCALE OF THE DIAGRAM IS TWO INCHES EQUALS ONE MILE It w _.Ter c_ :u- er c`_' -i,res _ tc be _Trio ated •rr �r�� r�.•F a Lei sa descrirVcr. 4,f irr:r4ited _3n.4 i A—:72, ::;.._vAL :,S _ 1ni....d ,rr 'S r in ?ore-fcct covers 1 acre :.-e 1.=-nc 1 fc t ar .er. 1 c-, i or s fcct F second (scf's --,-,4 L.-sllcns per minute• ` 1 acre-foot .... 43,,o0 cubic feet .... 3-'5, - E-&11°n8• 1, ::-)0 ed contimurusly for cue day produces L.4 acre-feet. LC . , �-7^ed ccntirr,�au_l;r for one year produces 160 acre-feet. - .-_--z-.— . - - -- ._....-R.•.-t--------------1 i. I (11�Ifie(w►I►lel�hl\ ►II Q lffit i;f =►►t Hf 1 - t��.4) CI •=�d w /R _ . ."_. e MI 1..b.r bire Mds.IR r `;�trtsn`•IrH Irt+.et 1,.1-.,s.'1.W.I X11 •-+ r 'l' • .7 •i plActi, r Ai.. Al 'r.. : " :' T — . . . .- • _- - __ _ ry . 4 =±i C } X A T :' : if.' ii :;: :2' , ; n -: . •-_`L l'A'- : w7 FC: ' A 1. .•'1' T^ 1:•a'iA:... A .' . . _ Al :i,1 C.A.N 0 Kr-•n r• "a. _ f:'L• Ge F. 3 • V.r :1 •t: _2:rF,C. Pax �n _ -- • - ".'r rtrs • __ _ r - • I. I • 6th • -: ►• •• �ii>L:.c", Col^rnl'.� __ - • ._ - t _ - • :: . FoE-;321 - '.PCr. -- a . _::..T• ... r:A.::1- ... .�- .. • �• .,. 1 _ ..n--- • FCM: r--Ivel . • • . -2,'-..A.:... - - ti--: - O.1 . • . • - 14 :C--:",A I :n'._v^: I".7`.7 .. A. -. 15 . e AV .A;: A:7...-•r-.:. :i.: :t:.:.= . • - Ai:F... 3 .•.at^r:a.:. Pea p-•ave1 ir.terva' top to bottom April 41 ' 72 Flace^er:-. rq,,E• ' . _ . . ' • ,_1 2. FE G?C;'=_ :2A2.2:;.:,': Ge o. F. }ern & Co._ Fla:r. 6 `r -- 0 tr. An _.. Pert'. E :r.. : . or 64 •-. : _ PO =` C r 1i• 1 • '- '1•3/ i)•✓� �� '� f tri L�r a o. P. -ELL �. FTT.'� Co. 513 7:2( ,' , y�� -r Ar_ scss Coloradojl �` ' +tr__ 1L5 16th St.., Greeley, ,. _ _ _ -_ •_� `� i 1: WELL :S 'T..._-_ ^ :F�•_ -- - •, :r.:.. E 17.2: -• "A. _ CCMT. • ?OVA I Ln '.A -::L CCNDITICSS AP .,r1_.: Ai ITC\✓ : VALI_ . ti :.: YEAR 7A7"-' 2:7.S1.71 7".,:L=ES :y---`-rr :ter. 1CC= .."-y7 :'. 571O :A_-_ APR 14 'Q,) I' BY ';'),1 DIt DN OF WATER RESOURCES r .. .. . 'fir • OFF F THE STATE ENGINEER, GROUND ,.... SECTION '•• . Ci...l. . . •::Yr RF.GISTRATION NO._OF WELL /1// `' , •••••-:- 1,etvrr.� L • �1�i:e4d.r� "AP I'll_]. 29 19 fro • Date Registrant '_ -_ • ' -1, i Cr- 1 `\`i) �./ Colo. • P.O. Address .. ,. . e,•.ic., U . WELL LOCATION WELL DATA County---- — Veld 6 . , �� ." SA.) ' , Depth J ft. Diameter 18 in. i--C;, • �r, �, S..1 u-, Section 3 • � Perfor. �_~ Casing KO ft. Plain; 30 ft. Twp. b V lige., 6). IU , M Static Water Level 3'`� 3- -V ft. from top N • Yield f-00 (gpm)(≥c\JIs) from 60 ft.S I___.---,I___.---, I I -` ~ Used • for �r- -.`�.��?on o`n/at I I •1) • ?`='i. T: -- .: r_.. ,7, ?n. I' • , I ' (legal des:.ription of land or site) • I I • W _ I IE C 1 ' Water conveyed by , size I ��, I I _ PUMP DATA --- GO %kl Type :`c : :p -ns•cs]-Size )' <`U t�'" -� ...i _ _ --- • • s'' OP s Ch Iv _ I . Driven by --- at RPM �),0 O G I 1 Well was first used :arch , 19 5`-�,, ecfr.'`' _ S cfs 1 .L J . for ...- -: ; cn using 6'0 gpm co WEI 4'� BE LOCATED AS ACCUR- ATEL AS POSSIBLE WITHIN A c� Well enlarged , 19_ to .`a't >SMALL SQUARE WHICH REPRESENTS ' deepened • 40 ACRES; OR IF IN A TOWN OR (gpm)(cfs)(ft) SUBDIVISION FILL IN THE FOLLOW- . ING: LOG SHOULD BE GIVEN ON REVERSE Town or Subdivision SIDE IF AVAILABLE . Street address or Lot and Block - The above well (has) (has not) been registered in the Office pf the State Engineer prior to May 1, 1957. If Registered give Filing No. If NOT Registered prior to May 1, 1957, a $5.00 filing fee accompanies this form. The above statements are true and correct to the best of my knowledge and belief. Subscribed and Sworn before me . ME AND I.ER0Y B:.L'Pcw this ' —O day of 0,./-a).;) , 197,o BY: �� 2 \. , �' . --� My commission expires ! r° . //, I gip/ / Registrant • (SEAL) I.l 1 ,r./,.i, �1 . j/,1 � ? c. Notary Public FOR R�ATE ENGINEER'S USE IR. .'�� ! ��;` • Located in /--/ - district, '-'7,7/,',7/ County for �� •( APR 3 0 170 19 1 Registrations ro. ,- X in /-/ • ; on ---,-- -. - ., ,. . n '''‘'s? - ------ -. ! r / _ L . . . 7 - ::;; : =f- . - :'orni C Rev. STATE OF COLORADO 9-62/10M I A PERMIT TO USE GROUND WATER i,:., I r �,.c•.• APPLICATION FOII: A PERMIT TO CONSTRUCT A WELL i•••.,, . „ t•`!, Applicant P''. Al I7: !'. li , Ci 5 i? LOCATION OF «T ELL •' -':'..�0-,- /,A (i:/`i - / 7 /.- r•.`'r_. County / P.O. Address ,�-r/ .1� `� " _•� l 0/ ] l ^ + Quantity applied for :.—r- gpm or . 1,,i4,- of -.S j11-of Sect. , Tv/p. //l �.. _y 6OU r or AF Storage • Rge. _ __� l P. M. OR 1 C Used for / A. /.? 1 G 4 1/ h Al Purposes (-•./7 • C. ,-; ,c- 7! N %j) (/4' Street Address or Lot & Block No. (legal description of land site) • r 1::;) �•: ' / (1 Town or SuoniY,i'sioii 0-:.., Total Total acreage irrigated and other rts. ° L.%, if S C ESTIMATED DATA OF WELL • ° N G',101-;:ii..: is , :.:A T Hole size: =, _';in. to KC' ft. ,O 0 I i S...' :i?1() in.to ft. �' i / E•ir NF 1-P ha c.) — MO .E.I Locate Casing Plain !• in. from T• to �-� () ft. o i in. from to ft. `� 0 + i well in �' � � 40 acre .>~�, Open or P.rfT_•n. from,=' to :;' • ft. ' ca W , , - E small in. from to ft. E (small) PUMP r—t— Outlet › i, '.,",' i square DATA: Type )r•' T> ,7)/ N .HP(,(`.Size o's _ ,y I _ .. _ _ , _ _ _ as near .4-,M as possible. Use initiation date_-;;.2.--/- 1 •-r 19 (-l• c�i , Large square (Use Supplemental pages for additional data) ' . is one section. , ..-4 S j� -�n�;/� G/,/�j��.�CJ • • - 1A ' $25. 00 fee required for uses other i THIS APPLICATION APPROVED than Domesti3 or Livestock. PERMIT NO. , 4— 1 2 ( Applicant()l• I V, <.A (1/4:; ` ISSUED: • Agent or/! /' / /)j DATE MAR 15 1966 19 Drillerjli:s�•l-/-.., .1 r J''/> ,-1.f No. //J1..•//-<;z i ��,,s-• b../ 7,,., j. • /00 X- Address /��. • . :rr l`"�+y4. NOTE -- SA'TISFACTORY COMPLETION TtEQI.IIIIE1) FOR APPROV/t 'L OF APPLICATION • • • . • . •• . :•. ' - ; • t• `• T': S. I‘'aai l and -(4ra \ ,1 SUP- 382 73 1 ' [' 'rarc}l 1370 ' l ot1U I `y f' on S('rvi ('(' '1302 T1rost t3t17 8lT('ol "o,1d ore(' 1OPt 801;31 Frank Sua}, I a /1138 1''P1 (( Cnut-41v PP,((1 1t) Fort_ Imp on Col ora(Ho 801321 \ F $1 at ( I fl] r(\( r 1)r . J(nri PaninIson l �l (P1 of "Ca1PP T'ospura( s T)('ri(1i tmont f " atiiaaI PoPOur( 1313 She rt,ltvn e( roe t Poor 818 1)onv (\r , ora(l0 80903 Conn ( P( nt P 1 al Va1 1 1 (nv 1'i r(' 111 p1 r 1 ( t 1'nuhon C7] Pt--, 1 c°1, I' , O , Pox 3(1 1"('r:�('' . C" ()-1-‘c) o en(144 C01PP'a(IP C“,01 ()P Ica l Su Pk ('V Dave Phn I I or 1 313 ( llortm)p "1 root I'((om 703 Pon\ , C`o] ()raclo 8n20;, FT 'E T CF p' L".,":": ._ ' . PriC":E '333 000 r?.` 915107kS1`-:Ei GREELEY,COLORADO 80631 \\L 7 Co CASE NUMBER SUP-382 : 79 :4 ___J t I COLORADO REFERRAL March 8 , 1979 TO WHOM IT MAY CONCERN: Enclosed is an application from Manuel ald Vera Silva for a Special Use Permit for a Dairy Operation . The parcel of land is described as Pt . Ws, Section 35 , T4N, R64W . The location of the parcel of land for which this application has been submitted is 7 miles southeast of Kersey I This item is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this item would be appreciated. If you find no conflicts with your interests, we would appreciate a written reply to include in our files, or check the box at the bottom of this page and return it to us. We would like to receive your comments by March 30 , 1979 so that we can complete our review before the scheduled Planning Commission meeting . Thank you very much for your help and cooperation in this matter. O.411 20t' 'l 45 s MAR a97� d, 1 ' ""�� I � �C .1 VEp Jl C. �-- Trr.. l.,.,, , W°td co°°ty oc) Assistant Zoning Administrator � `C°�missl°° '� c,p KWe have reviewed the plans and find no conflict with ferests. Signed At____,_ Ili ei,,.p ✓t Se>�-L, Date 47 r1 Agency 0eir { (1 A..e -,=Ay ft,,. .,acJ_ A1c,71 • U c EORRflDU W(1;1111k ToPlanning Commission Date April 3, 1979 COLORADO From Gilman E. Olson, Utility-Subdivision Administrator Subject: Manuel and Vera Silva (S.U.P.) No engineering problems are anticipated by this request. An on- site inspection was not made at this time. Gilman E. Olson Utility-Subdivision Administrator GEO:sar 3�% 1234s rf APR 1979 co RECEIVED Wei County K/ `, Y Qai,�n Co, ,' ti/ v nr�issfon-'..7:\*;',"),C=am ,,; A f County OF HEALTH Weld County Health Department DAVID WERKING, DDS, Greeley FRANKLIN D YODER, MD, MPH WILLIAM BLICK, Roggen Director 1516 HOSPITAL ROAD DORIS DEFFKE, Greeley GREELEY, COLORADO 80631 A M DOMINGUEZ, JR, J D , Greeley (303)353-0540 ANNETTE M LOPEZ, Greeley FRANK MYERS, M P H, Windsor HERSCHEL PHELPS, JR, M D Greeley KATHLEEN SHAUGHNESSY, PHN, Ault ARTHUR G WATSON,Platteville 2 April 1979 Chuck Cunliffe Planning & Zoning 915 10th Street Greeley, CO 80631 TO WHOM IT MAY CONCERN: This department has reviewed the Special Use Permit for a dairy operation as requested by Manuel and Vera Silva. The following comments are submitted: 1. Additional information is required on the actual construction and design of the milkhouse and milking parlor. This is required before our department can certify the operation for Grade A production. 2. Septic permits will be required for all planned toilet facilities. An engineer designed septic system will be required for any system other than a single unit family dwelling. 3. Any lagoon system shall be constructed according to the Rules and Guidelines for Water Pollution Control at Livestock Confinement Areas as published by the Colorado Department of Health. incerely, f1�J 44ef �JS hn G. Hall, M.P.H. , Director Environmental Health Services JGH/hv 23456. ti ��APR 1979 0 IUcJ ,ED �°��Clem Co N A M E //Lag/ag/ /rd.,":11/07 ADDRESS //73/R/G6eS7 QrsQ LOCATION 7i . • LEGAL DESCR I PTI ON TYPE OPERATION /)a,'r y • COMMENTS:• • • • • WELD COUNTY EXTENSION SERVICE .0'"sou e4 •• West Greeley Soil Conservation District '+ CONSERVATION DISTRICTS I' of P. 0. Box 86 o Greeley, Colorado 80631•�, AMERICA " io,* March 30, 1979 Gary Z. Fortner, Director Weld County Planning Commission Weld County Centennial Center 915 10th Street Greeley, Colorado 80631 RE: Manuel and Vera Silva, Special Use Permit for Dairy Operation, W- of Section 35, Twp. 4N, Range 64W, Weld County, Colorado Review of the above mentioned application for proposed expansion, dairy barn and lagoon, seems feasible and in order. The proposed lagoon size seems adequate from information provided. If the corral or lot area has an approved plan, the addition of the dairy barn and lagoon should cause no problems. Final approval will depend on the Colorado State Health Department. Soils in the area are Vona loamy sand and Valent sand, which may require lagoons to be artificially sealed to prevent seepage. There are no further comments at this time. Sincerely, Arthur V. Briggs, Secretary West Greeley Soil Conservation District AB:jb m. Q 12 191�® M •.0F;CO o .� .,,.,7 RICHARD D. LAMM F, ,�,N.do C.J. KUIPER Governor N O State Engineer *VI___V) ' 1870 DIVISION OF WATER RESOURCES Department of Natural Resources 1313 Sherman Street-Room 818 Denver,Colorado 80203 Administration(303)839-3581 Ground Water(303)839-3587 March 20, 1979 Ms • Vickie Traxler Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Silva Special Use Permit Case No• SUO-382:79:4 Dear Ms • Traxler: We have reviewed the above referenced application for Special Use for a dairy barn• We feel that a dependable water supply will be available from the existing wells (registration nos . 57180 and RF-123) and we recommend approval of the Silva Special Use Permit. Very truly yours, N a , Amj„....... D • Jeris A. Danielson Ded•uty State Engineer JAD/GD V:mvf cc: Jim Clark, Div. Eng. .71 a. *Q' •J 0 moo v d'—- ! 'd J, eXPEOSII O1h.t.4101° or•CO '6%4 A ,p fir' ��/ X90 RICHARD D LAMM k � * JOHN W. ROLD GOVERNOR • 'F Director * 1876 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING-1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE (303)839-2611 March 15, 1979 Weld County Planning Department 915 10th Street Greeley, CO 80631 Department Members: RE: SENATE BILL 35 REFERRALS We have reviewed the following applications for zoning changes and conditional and special use permits: Case No. Z-318: 79:2, Change from "A" to "C" Case No. Z-319: 79:3, Change from "A" to "I" Case No. CUP-44: 79:4, Microwave Tower and Electronics Case No. CUP-45: 79:5, Radio Transmission Towers Case No. SUP-381: 79:3, Dairy Operation Case No. SUP-382: 79:4, Dairy Operation No geologic hazards nor serious constraints are known to exist in these areas. However, because of the presence of swelling and/or settling soils on most of these sites, we recommend that subsurface conditions in excavations be evaluated by qualified personnel to determine if adverse soil conditions are present and to assure proper foundation design for all new structures. If we can be of further assistance, please contact our office. Sincerely,if-r77-e-61-James N. Price Engineering Geologist JNP/vt cc: Land Use Commission �,�,�a19�2 0 coi voeCON no CO wt�Collr .0011 _CO piaeeitt t1515 p'*� 19Z9S iL GEOLOGY STORY OF THE PAST . . . KEY TO THE FUTURE i h Vi ,__,- in„,,,., Pi NATIONAL DANK '',,-1, i I�211i';-�TO ;`1 it LA SALLE COLORADO -jIff II ''' - G �� •a_ TELEPHONE 2 4 S 3 3 7 'y ;II T4N-Ii63C'J I y V ET WALLACE P/lLEL llA2EL fi1 C2oSS/ANT A2EL ZDTRE A 15 L/i!/1JL JO//N KE/iY i9L J dE L/i7✓DL is2A• ✓'AeK5 ,.. 300.9. ETAL 5 4. 1 E. 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NRrIDNA /l/AT/O 116.9 L L 19EX Fee D 0 4.4.77/44.,9z4.4.77/44.,9z29 28 27 8.9/1,1- 26 iOR/J: 25 c o. 64 A 64019. 640.9 Loo A 640 A. 6409• .16E.eEE.er STATE D". , LE2'vER LL S. DEN!/E2 u.s DENIER L[.S STATE OF LALraN L'OLORADD /097//I4/AL R.941(' Ng7/D.vAL NAT/0Nv6?L B/44t COLO/e//D0 30 ErAL 32 33 3+BAic' 35 36 4404 444 R. `40/9. 64s /J• 6¢o 4. 94 r tni •j 7.r.ivell I I Tirat:hic.,.. .dam t'' ktt a „i� I{mla l MLA L ©A C,7 GL �'ti }r _ L A SALL E C O L D RED: s A D O 1 TELEPHONE 2 8 4 • 6 6 3 7 _ 1 T4a-1264W �n,e�K TC, OL/rrDRa ' 1Lm07-N THOMAS x iPLArr /47A• srRADL6Y �'�Q I WAPNE� u/.v e' FE/7' a Ss y SR. J0.4//v It/3SA , 13GA• /24 A• JIPCDB OPDYKE WE4YE�P �� QOTNE O. @OTN@ 7A. n. EHR1/CH /S/A / W NEA'.EY -1osi4✓ .r, .. J.L. k 149 A 154 A. SCME/OT RA'A41 Q@ P 764. 77.0. LOLL/E LEE .1 P. Q h 1 DEH,4/Lf HL/FF/2!'/1 �� WATSON W`4 -T C. S/O A• NR✓iyivY PA OLIN" ARRA/A+ AZ JIM/ PRED n v 303 A• W/Lin67-a/ 6A l 4 G A- !L C A. SR 'SSA /5409. IS, i 5 5 A. /' SAAB SCHOTT ROTiyE ST. JON CPO/SS1✓✓Y /J4A• A• 544. /4I9RJ'RAW I S/DyEY RALPH O' ' •�=�""==�� 9REZ✓5 D�viEL • ' �.��.�. Q STArYLEY BE4WER RAREFY HE4', ' ' Q D t y/LL GRACE /Y/OSER Sm/TH • .yOFF J 0.5//Y ' Irt ED L1/A7. E/AESOiY !sLy /.77..1 REIiY/CK .• ^ J 5. • RillSAW Se/Orr PA,X1.t/.. �, 29a.A• 1ssA• 1Se A W /BdA. SrRAwD 1s 609. 1si A• Ii•.� k rHE a ED q eTHE e l s 409 vEP/voiL ' o,y 'AD I k/M✓06RAD CO S/Yl/TH HE .5E/E. HARR/rr 1•I/Z.L RAY/D�JOND DEk/ALT 3i2 q JAKE vE es! 71,4/ GLEN/ ISCHAUB 3,117 A. IS6 A• l S c R. J 76/9 L I BC'ETHAu• RNGSNAW / 4. LA//D CO. JOhwsd , U/YdEe s,• 156•9 Mr/ JAKE r O PCNCE DA ��I =� iS u i1 • RO/LA'Ez7A E.?L 1 , DO/YALD OS rE e .,ffA.f2.9QECLK T,Ho5 tvL=2T2 L3/PD w/FFORD J.C. ev/L/nfE.P if AYE �HLRiEtT OPDYit'E /S/A. • 1 si A. - fr'L K'AUE/YY W/1A10�CEJ 50NLEN. !�DAIe/D 1 SL A. I "l101Y/7! �y 74.9 1S4A• SR. 1srA Dg ELL �- / V OL/YE,f l p JOH/Y c L r r 0P I 3,14 GDLd- RDTsf 1. , 41YRTLc' V/RC/L PtED� .735A� JOE �� /Gc s I Sh9/T/Y /S/A. �7� .5,V7 AO ARS p04- NERBSr WZ.e/►/aC l55 A• �v 235 A. / i iSiA. LW ,A 634.9• �y ppaa NEeBs7- /i... `' FLOYD ' I `1DDLE1Dy T41N-��4L„ r� 7709. il E.P N. ' OST R EL/2 I SAL4j Q !:It ��. C D p P. E R D HiY J D Hit/ @ HE'Y e Y ARTHLL R J D HiY S T,9TL< OF Sis-c 's3A LEEWARD TaW o� n H'iLHEL .9/7-Nat ,eDTN COLO.r.900 a I l •siA ••• 2I �� 1� V� /IA A /Si KFiYNET SukRET JACOB " FRED 4/14' A LAPP •SC': Q NERBST "Oa JOHN . 3 20 s c - /AIM3a a A. w /e s A yf fis BD,PGE.YS i'�a A. i6 L A RLLEBEiY L4♦A. ��__� HE. ,s ST /si A- ETHFLY ��... I D J A. HEA/RY -��■�•��■ STEIYAQ ADA/)?S C L A<'EyCE HE P/Y1AiY I in E1'Q Q Q .11_40 D __ ETAL LEE JOHN/SOiY CL.9 RA" STRASSER C Qh 811 y S w- AixRBER7' ,464, .74,A. X47^ Mc'YE/L 0.9LTO,Y ---to 4, �7 /SEA /SaA oW h'EeM lSt.17; e NELEiY 7 a .�/AMA L. TowySEND EONLE.YDE: 'a —�, 25 6/S A L ESL/E 9 /PM 23509- .2 41 A. 1 T''D/Y1PSD4Y AL EXAiYDEr �i b1/EL. aRA .DB.ERGE/P 3/o A ��E C D/L 4/Ty i4o A. 1 --•-- ��. c°,W L.B .R Co I 47r .9. 1 AD A/YI I �= ��■1 LiA4/i,✓ FLOYD "It,74,,t- Tx/O E. I FREDEIL� ,; HERBE.�T se. OSTE P PL SS R AiYCHES, INC POLLOCt ' DALTOiY S YQ Of 5/ �H0u/APDI $ IS A 4. 7Otviy EyD I. C L O e D POHLER� J ''� j - ;I E L// A 3/, A I d/t A 6,ai A. TWD E i R44 WES, 11 L!o N 4 47a A. S/VC, I. 93 -- i a` �,. _ } ! _ I� , ' r /' 561-dNATIONAL DANK "' `� I }I , k L A SALLE C O LO RA D O T E E P ,-I ONE 2 B 4 55 3 7 - T3N-Q64t'J — 11 EFF/E 4 . @ Two E. rwo. E. NE.eBE eT L. A.: .@.oNGH ry Na Ff.SM/TN RANCHES R�9NCHES DAL TO.4/ C O. 4v a. I rvc s.�,c. aaeA• v a N � L3 S A L b?8 A. Lib A. 3 a 6 A• 640 A. kl I 3 3 I 2 V s TArE OF L'L EA'JDAd/S C[EMDAYS Two E. 3 2 o A. E. D' Qoht C o L 0,2ADB HER/71A"/ HEf�A,/ RA,vcIIES SPLLV Ci!/ •' A. ® 9 .7,,e. 1a II Ba STATE OF 1 F 2.4,/GN 605 /9. b 3 o A L36 A• COLOXAOD 6.oe A. Ce. 32DA• 32e A. _ I_ -— I I i Tw0 E . TioLD B COWAN I 7 E- STATE OF Two E. RAAYCHES L. F. RAAVCh1 ,CE EVERS:I TAivCHEs -'a[The ADO RJ9,vCHES x'AYC. Co. INC.I 3aoR R95 5 or. / ice i ai 7 ?,v a /6 15 s.v e. 14 !3 £FF/E STATE OF LfFF5/7/77)' 6I5 A• 64o A COLDRROo 44o AL /Lo A. I 64o A. O A. - --T3a I164t7 Tu/o E. Se rrz/Ed HENR Y RANG HE5 iIlt/•'Ea41 77t/O E TWO E. AYE/F RANCHES `/I /6 o R. Iwe. I i6 o A. R A.YC//ES EMI /3 0 21a. 22 2u I.vc. 2O /6o A. Two. E. S74%-E OF L. F, fCrf✓C// 6404. I R ANC HESx6,C . £,4A• COLORADO 61e A. 4to A. 416 A- 48'D A. Vie TM' STATE a< ED,44.7.L1D Taro E. 7 wO E. L 6e eRs At'LAS•mi 2ANCHES COLORA00 R Awe HES L F. RA've'H 35'64 I.9'C. INC ETAL /yip 29 29 27 26. '�4 ''• 25 A(.4.C47,YJEA9Ar Y L4oA. Lfe A. 440 ,c, Two E. RRevCA'Ei' 849 A. i4rA. seAB/Ydda t.e�C. ro4. 4to A, J AM ES JA4e1E.5 Tiv 0 E TWO E.STATZr DA'//oRR/S NORR/S R ANC/YES TWO. E t'we//ES sae RANCHES COLORADO 2NC. — b/3 N. I L4• A. 64e A, 64oel. L4eA. 64o A. 102 A +". n '1' SS ":" 4.. Pr'> ' n o "P.� "3 °=S~ ' Fo " ': ^'A" '. m - ' 'a''tF,9 _ Q• ,_ r2 ir.' °"+ \ .., + INDORSEM ENT TiU�KYLXi� ,�1 47 nr.'e�' SERIAL NUMBER CHAfj,GEi. No $ °t • A 4? ISSUED BY i ° ' STEW A1ZT TITLE ,, �', ;` ; GUARANTY COMPANY '40,,,k0) A q HEREIN CALLED THE COMPANY �1 • 7. 9nr,T (1 ): n 'r * ;U1.!".ICR On 1 ) ` • Schedule }: ;, '`� '' Item r nber Y is hereby amended to read: > 4, ' ` The East' ''alf (E1/2) end the Southwest Quarter (SM1/4) of Section ?6, all of- � 9' Section 25, and all of S'ction 35, all in Township 4 ¢�orth, Range 64 Vest of ' ✓ the 6th p.']. , the :,orth Palf (M1/2) of Section 2, Township 3 Rprth, Ran7e 64 c . '• 'lest of the 6th P.r1., and all of Section 31, Township 4 ��ort , 'range 63 Vest of , • the Gth Rile , all in the County of Veld, State of Colorado. �a ,1; ®` Ccr; \ r a• A .D VI ' ‘'M• k 1 4 % \ 0-,• C' I B 1L e; � a. t { r t•3T5 ' ,4 ? (Swift, Roth pi Silva) t, , ,,, This Endorsement ;s made a part of said policy and is subject to the schedules,conditions and stipulations therein,except as modified by the 4+- b Q'l{{ i' ' ' ,.{{{{J� provisions hereof ' cC d' Noth'ng heron contained shall be construed as extending or changing the effective date of said policy,unless otherwise expressly stated '4 d ✓ ' Signed under seal for the Company,but this Endorsement is to be valid only when it bears an authorized countersignature,this the 7 b�l , day of FebrUar+r 19 79 ° 4 STENS/ART TITLE V e 1"/'y/""� GUARANTY COMPANY `rt ' Countersigned e11teftr Gu,'- 5 Stewart Title Company 4Q; OttPoR ..."-1 `+"� 9 of °�reP1ey, Colorado wrs' --. ^4PFJ:< " "1A, . 1 CPA 1 J 0 8 `©. Chairman of the Board 4 S — , �Sii„i'lll 7'///'g a/� yi'l`,1 4 V President a ith„ re,1 Countersignature I /�y�y ryr •l rNOOR.r,ArNT rl -� rl i ti' Nt 1l. fi e�y• 4�4 FyV -'164) 'a[.uA 1.v.. r �, - -SCRIP,. _ r f` �a '- .o-,-.v,�':-k--,4,— ,T.4,-.7:. ,-v. ,UMOER 6' '' �l o 1,1 1 KtL( 7 . ,1 WELL FORMATION DATA CASE NO. W Name of applicant: - Mailing Address: P jf al-IM) re ctc-n ge . )45.30 Well Permit or Registration Number Location of Well : �� r Section ,5 , Township I' ti , Range `O4 IAA • • Give bearing and distance from Section corner or distance N - S and E - W from section lines. current test: 6// 6 r DATA: Date of �f Depth of well vO feet. DO `2 USE TEST I V - Depth to Static Water Level feet. 1 V :1_ Fo�.;r Horsepower of electric motor (aO . REGI ST PI-. - _ .: 1-1 Diameter - discharge pipe 5 inches. Pressure at sprinkler head per sq. inch. _ _ CAPACITY OF WELL: 1. Actual measurement t ipQ gpm (db not use pump-test data) 2. Or one of the following measurements: - 2a. WEIR . ...."''Id. ' , . • i I ^� ' CiNSe':No.R%.I. . 1 - .1 ` � 'll • • �f !NICHES - ' RICHES- DISCHARGE PIPE �rJCK s � ' 2b. --- ,f ji ! I. D. PIPE 12."t ticEs ....... .. . STATE C: •COLOR.• ��r ) - County or taa� COMES PAW the undersigned Virgil A. Se 1:ce and being first duly sworn states as follows: -' - 1. That he has legal access to the records of Sec'el::e yip11 `1^---;"-:.*-- . Wiggins, Colorado. 2. That these same records show that on the 26th day o_ ,5_i' 1966, said Segelke Well Service - did drill a well located on property now o;;ned by Ceorge F. Kr.rn and many --- which location is legally described as: (Give Well no.) - Kersey Well No. 7, SW1/4SWk-, Sec. 35 , T4N, P,64,W (Signature) '-,� f"/Subscribed and sworn to before me this 20 day of February s\ • , i9 76 W`i tness my hand and official seal. �' • My commission expires ?pril 19, 1979 , 7" / *,‘ Y.•., ____, .•,, ../•.,• ,•-) t HOtary Public-. • • FOR USE BY PEOPER Y OWNER OR ANYONE HAVING PERSONAL MO LEDGE OF DATE OF BEN _CI 'T USE: - STATE OF CX)IARw3 ) - - 3f.OR�311 ss. AFFIDAVIT - County of -- --- __- ) - • ;.- - ---- COMES NOW the undersigned Virai1 A. Segelke' and being first duly sworn states as follows: _ ► . 1. That he is, and has been, a resident of - '31(0,77., County Yr_d vicinity -for - 34 years. . - _- 2, That he is well acquainted with-that certain well, location legally described as follows: (Give Well No.) Kersey Well No. 7, SW1/4SWII, Sec. 35, T4N, P.64W - t - 3. By -Virtue or: . - • 4. That he states, of his own personal knowledge, that said well was drilled and put to beneficial use on or about the 26th day of Any it , 1966 (Signature) , .��,.7 / , - 2- e.-/`-e_ . ./ Subscribed and sworn to before me this 20 day of February _ < < ,19 76 • ' • Witness my hand and official seal. i ; I.`:y commission expires April. 19, 1979 • 't . • 1 : . • - .'..-7, ii“' .7 r ,//V/'-e_c' 4 //. (- ? %�' Noiary Public" .-- • = :: ffr _ .:. LOCI AND 111STU1,\ N.,. 4 1VEI,II, D • �•�-`�"�'`" - WELL LOG . , - � DATA ; Gr ound Elevation Date Started•i: x f ,S• 'i=` ' %' Date Completed /.` r Type Drilling ci::� • - r--'—I Water Hole Diameter:IFrom! to Type of Material Loc. Per;. ;:� in. front ((3 ft. tom ft in from ft. to ft .• . ----in. from ft. to ft CASING RECORD r �0 `., ::�F o!•tj.t Cemented from Plain Casing J• ) t ; y/ Size=�-. kind ! %C from rl ft. to :if,' r J f ► �; j,f;- r' j:! Size kind from . ft. to • ci, , ? Size___, kind from ft. to • Perforated Casing •! / r, I ::% ; :� :� (/ f. Size if , kind :1 from •r " ft. to. •`7 d . Size , kind from ft. to . 0:, SA" /lid J To 1'i l=- • ft. Lo • Size , kind_from TEST DATA 1-/- � „ , r • Date Tested r - . , Type of Pump r... Length of Test -/-/ ii ,2:•: • • • Constant '5.'ield__ k••'-' - Drawdown 7 i;' r • 1 • • • PUMP DATA (To be filled in) . Type of Pump a:•••-i r.:i,`- Outlet Size 9-* • Driven by f; L • • Horsepower__Lr H P Use additional paper if necessary to complete / DEPTH WATER _ log and attach. • WELL DRILLERS STATEMENT TOT'_I.. DIP T_; eg State of Colorado ) ss • • County of - • being duly sworn, deposes says: he is the driller of the above described well; he has read the above map-and statement, Iaiows 1 / :• content thereof, and the same is true of his own knowledge. - ` .. 7/1 J c/ • •. License No. ) 1 S — Subscribed and sworn to before me this day of , 19 .-My Commission expires , 19 . Notary Public i FORM TO BE MADE OUT IN OUADRUi LICATE: • C:iz:::al WHITE po:;i sides) &Triplicate GRLEN Copy must be filed with the State Engineer within 30-days after well is couplet I D::,-�;icate PINK copy is for the Owner &YELLOW copy for the Driller. wF:ITE FORM MUST BE AN ORIGINAL COPY cX ^OT Slr)ES AND SIGNED- t r , , , s EXTENSION AGREEMENT RE: Contract dated November 1, 1978, between Manuel Silva and Elvira Silva, husband and wife and Donald A. Roth and Judith F. Roth, husband and wife, relating to the exchange of certain real property, water rights, buildings, equipment, mineral rights, state leases, and other improvements thereon between said parties . WHEREAS, Manuel Silva and Elvira Silva (Silva) own and possess such property in Adams County, Colorado; and, WHEREAS, Donald A. Roth and Judith F . Roth (Roth) own and possess such property in Weld Comity, Colorado; and, w iii,PI,Htii, r 11 VFl and I'' t Il had pi V I PI131'' dI,f Y't'C Ci oI on a .la to of closing and mutual delivery of deeds to be on January 29 , 1979 ; and, WHEREAS, the transpiration of certain events has occurred , making it mutually impractical for closing and delivery of deeds to take place on the date previously scheduled; NOW THEREFORE, in cons i dera f- ton or the mui u-1]- promises herein , it is hereby mutually understood and agreed that the date for closing and delivery of deeds shall be extended to MARCH 26, 1979 at an hour and place to be designated by Austin and Austin Auctioneers . Other dates set forth in said contract shall be extended as follows: A. Date of possession of "Adams County" farm land from Silva to Roth: March 26 , 1979 . B. Date of possession of "Adams County" house, corrals, and dairy barn from Silva to Roth: July 1, 1979 . C. Date of possession of "Weld County" farm land from Roth to Silva: March 26 , 1979 EXCEPT, that possession of the dairy barn site shall be given from Roth to Silva after full compliance with the conditions as follows: (1) Roth and Silva mutually agree upon site of barn, and (2) Barn site is surveyed, and (3) All building plans are approved by the County and State Health departments . D. Date of possession of "Weld County" improvements not hereinabove mentioned from Roth to Silva: July 1, 1979. E. Roth may keep cattle on pasture, crops in storage, and cattle in corrals not required by Silva all on the "Weld County" property until July 1, 1979 . F. Date of monthly payments due to Roth from Silva shall commence on July 26, 1979, and be due on the 26th day of each month thereafter. ))t ,S2 G/` Date of comp fiance by Roth w''th continge dies as p - vided ' /paragraph num r eight on pag four of sa' "Contra To Exchange Real Estate shall be FebFfry 15 , 197 T ) h � f A , Page 1 All other terms and conditions of said contract shall re- main the same. Dated this ' ' _-- day of _�/ 4----", — , 1979 . „i A ., 1)/I (i J c c 2( /,, _1 Ie C� � ' (,,r f P- 'r `r1 +� e Manuel Silva Donald A. Roth Elvira Silva Judith F . Roth Broker: Austin and Austin Auctioneers ! BY: _r` 1 f / \f 1 • ' I'':// fr` . ! . V E .R. Austin Page 2 CONTRACT TO EXCHANGE REAL ESTATE THIS CONTRACT is made and entered into this day of November, 1973, by and between Manuel Silva and Elvira Silva, and wife (Silva) and Donald A. Roth and Judith F. Roth, husband and wife (Roth) . WITNESSETH: WHEREAS Silva owns farm real estate together with improvements and fixtures in Adams County, Colorado, all of which is described in more detail below and which will be referred to as the "Adams County property" in this contract; WHEREAS Roth owns farm real estate, together with inprovcrents and fi;:Lures, in Weld County, Colorado, all c•f which is described in ,r)re detail below and which will he referred Lo as the "geld County property" in this contract; and WHEREAS Silva desires to exchange the Adams County property for the Weld County property and Foth desires to exchange the Weld County property for the Adams County property plus Silva's note to make up the difference in value of the two properties; and WHEREAS Silva and Roth desire to set forth all of the terms of their exchange transaction in this contract. NOW, THEREFORE, in consideration of the circumstances recited above the parties mutually agree as follow: 1. AGREEMENT TO EXCHANGE. The parties agree that the Adams County property has a gross value of $400,000.00 and that the Weld County property has a gross value of $2,000,000.00. The Adams County property is encumbered < t the present time with a Federal Land Bank mortgage with a principal balance of approximately $107,000.00. The Weld County property also is encumbered with one or more mortgages, deeds of trust or equipment leasing obligations, and the aggregate amount of all such encumbrances, including those now existing and any that might be added prior to the closing, shall be less than $1,500,000.00.• Silva hereby agrees to convey the Adams County property to Roth and Roth agrees to accept that conveyance and to assume and pay the Fede.•al Land Bank mortgage. Roth hereby agrees to convey the Weld County property to Silva and to remain liable for, and to continue to make payments on, all encumbrances against the property as of the date of closing. Silva agrees to accept the Weld County property, free of any' obligation for encumbrances on the property created by Roth, and Silva hereby agrees to deliver a negotiable promissory note (signed by Manuel Silva and Elvira Silva as comakers) to Roth. The note shall be payable to both Donald A. Roth and Judith F. Roth. The amount of the note shall be equal to the difference between $2,000,000.00 and the net value of the Adams County property, which will be determined by substracting the principal balance of the Federal Land Bank mortgage as of the date of closing from $400,000.00. The terms and security for the promissory note are described in paragraph 7 below. 2. ADAMS COUNTY PROPERTY. The Adams County property consists of the following elements: (a) Real Estate: All of the real estate described on Exhibit A which is attached hereto and made a part of this contract. (b) Water Rights: Eleven (11) shares of the capital stock of Wellington Reservoir Company; eight (8) shares of the capital stock of Burlington Ditch, Reservoir and Land Company; eight (3) shares of the stock of Brighton Lateral Ditch Company. (c) Buildings and Equipment: The house, milk barn and all other buildings now on the real estate, but not including the two trailers. Also included are existing corrals and the smaller of the two milk tanks now on the property and a compressor serving that tank, together with all necessary piping. Also included are -1- two butane tanks owned by Silva, and in this regard Roth acknowledges that certain other butane tanks are only leased. The milking machines and pumps are not included. (d) Mineral Rights: All mineral rights now owned by Silva, including the right to receive payments under oil and gas leases now in existence; however, Silva shall be entitled to retain the delay rental payment heretofore made for the period ending in February of 1979, without proration. 3. WELD COUNTY PROPERTY. The Weld County property consists of the following elements: (a) Real Estate: Township 4 North, Range 64 West of the 6th P.M. S'-z and NE1 of Section 26 All of Section 25 All of Section 35 Township 4 North, Range 63 West of the 6th P.M. All of Section 31 Township 3 North, Range 64 West of the 6th P.M. N1 of Section 2 (b) Water Rights: Fifty-one (51) shares of stock in the Farmer's Reservoir and Irrigation Company and eight (8) irrigation wells which have been registered and adjudicated. (c) Irrigation Equipment: Four (4) Zimmatic electric drive sprinklers; one (1) Raincat electric sprinkler; all irrigation pumps and motors, handpipe, and gated pipe now on the premises. Silva acknowledges that the Valley sprinklers now on the property are not owned by Roth and are on the property temporarily. Silva also acknowledges that the title to the four Zimmatic electric drive sprinklers may, at the present time and after the closing, he retained by the manufacturer or the manufacturer's dealer or other representative under a lease-purchase arrangement. (d) Buildings and Equipment: The house and all other buildings now on the real estate, and including the feed elevator and five (5) Butler bins, corrals,. and the Nelson Big Gun sprayer. (e) Mineral Rights: All mineral rights now owned by Roth including all royalties under oil and gas leases payable after the date of closing. '(f) State Leases: Roth is the lessee under two State leases covering all of Section 36, Township 4 North, Range 64 West of the 6th P.M., and all of Section 30, Township 4 North, Range 63 West of the 6th P.M. , Weld County, Colorado. All of Roth's intgrest in these leases is included as part of the Weld County property and those interests shall be assigned to Silva at the time of closing. 4. CONDITION OF PROPERTY. At the time of closing the buildings, fixtures, corrals and other such improvements shall be in the condition that those items are in at the date of this contract, except for any ordinary wear and tear between this date and the date of closing. Both parties have examined the properties and accept the same in the present condition, and both parties accept the risk as far as domestic water quality. Roth acknowledges the milk barn on the Adams County property will be altered as necessary to remove one of the milk tanks, compressors and piping, but Silva agrees to restore the milk barn to a good, useable condition prior to the time of closing. Silva covenants that the restora- tion work will be done in such a way so that the condition of the milk barn will not be such as to entitle the appropriate governmental agencies to refuse to certify the property as a grade A dairy. Silva acknowledges that one of the domestic water wells on the Weld County property and one of the irrigation wells are presently not operational; Roth will have no obligation to repair those wells. All fixtures in the houses located on the respective properties shall remain, including such items as television antennas, curtain rods, and carpeting. -2- • 5. TITLE. Silva represents that he now is the record owner of the Adams County property. As of the time of closing, his real estate title shall be marketable and shall be free and clear of all liens and encumbrances, except those permitted by this paragraph. Roth represents that he now is the record owner of the Weld County property. As of the time of closing, his real estate title shall be marketable and shall be free and clear of all liens and encumbrances, except those permitted by this paragraph. By the time of closing, Silva will have paid the personal and real estate property taxes for 1978 and prior years, and the water assessments for 1978 and prior years, and all utility charges up to the date of closing, insofar as the taxes, assessments and utility charges relate to the Adams County property, and Roth will have paid the personal and real estate property taxes for 1978 and prior years, and the water assessments for 1978 and prior years, and all utility charges up to the date of closing, insofar as the taxes, assessments and utility charges relate to the Weld County property. The title to the real estate includes' in both t}'e A lnr,, County property and the Weld County property shall not be considered u � ,iric�tahl; , for pw poses of this contract, by reason of mineral reservations and oil and gas leases evidenced by instruments recorded prior to the date of this contract. In addition, the Adams County property shall not be considered unmarketable by reason of the Federal Land Bank mortgage, so long as the principal balance is approximately $107,0O0.00, and the Weld County property shall not be considered unmarketable by reason of the fact that at the time of closing one or more mortgages, deeds of trust or equipment financing obligations (so far as the Zimmatic electric drive sprinklers) may be outstanding so long as the aggregate principal balances of all those encumbrances is not greater than $1,500,000.00, and so long as the monthly payments on all such encumbrances are less than the note payments provided in paragraph 7. Roth shall provide at his expense a title insurance policy insuring Silva with respect to the Weld County property in the amount of $2,000,000.00. A commitment for that policy shall be delivered to Silva at least five days prior to the date of closing. Silva shall provide Roth with either a title insurance policy or updated abstracts for the Adams County property, the choice to be made by Roth. If title insurance is selected, the policy shall be in the amount of $400,000.00. If abstracts are selected, Silva shall pay the entire cost of bringing the abstracts up to date. If title insurance is selected, Silva shall pay that part of the premium which is equal to what the cost of abstracting would have been and shall pay one-half of that part of the premium in excess of what the cost of abstracting would have been, with Roth to pay the remaining one-half. The amounts of the title insurance coverage may be reduced to levels consistent with the values of the real estate involved, without water rights and equipment, if such reduced coverage can be obtained and if the parties mutually agree as to the reduced levels. 6. POSSESSION. Roth shall have the right to take possession of the Adams County property as of the date of closing, except that Silva shall have the right to retain possession of the house until February 15, 1979. Silva shall have the right to take possession of that part of the Weld County property which is to be the site of a new milk barn as of November 5, 1978. Silva shall be entitled to possession of the balance of the Weld County property as of the date of closing, except that Roth may occupy the house until February 15, 1979, and may keep cattle on pasture until March 1, 1979, and may keep crops in storage until March 1, 1979, and until March 1, 1979 may keep his cattle in corrals not required by Silva. Neither property shall be subject to any leases as of the date of closing. 7. NOTE AND SECURITY. The negotiable promissory note to be given by Silva to Roth, as required by paragraph 1, shall be dated as of the date of closing, and shall be on a form in common use in Weld County, Colorado. The note shall provide for reasonable attorney fees in the event of collection and shall contain an accelleration clause to cover default. The basic interest rate on the unpaid principal balance under the note shall be ten percent (10%) per annum with a penalty interest rate of eighteen percent (18%) . The note shall require equal monthly payments covering interest and principal and the amount of the payments shall be based on a 30-year amortization schedule. The note shall provide that the first payment shall begin June 29, 1979, and that the payments shall continue on the same day of each consecutive month thereafter until -3- June 29, 1995, at which time the entire unpaid principal balance plus accrued interest shall be due and payable in full, it being understood that the final payment shall be what is commonly referred to as a "balloon payment". The note shall allow prepayment in whole or in part at any time without penalty. The note also shall recite that Roth retains the obligation to pay all encumbrances against the Weld County property, including any equipment financing obligations, and that in order to protect Silva against such encumbrances, Silva shall have set-off privileges against the note payments if Silva is required to make payments on Roth's encumbrances. The promissory note shall be secured by a deed of trust on the Weld County property (the real estate and improvements, water rights, and irrigation equipment) and by an assignment of Silva's N.E.D.A. milk payment. The deed of trust on the real estate shall be subject only to the encumbrances incurred by Roth and for which Roth shall remain liable, as provided above. The deed of trust shall be in common form to ho selected by Roth, and shall tnrlitirc Silva to fully insure all insurable p. "ncriy fntf`iP"t inrliulcd in tll(' l.e]d County (property . llie note ,;h•i11 1so Irovide chit it ;11111 he considered in default if Silva is in default with respect to a X70,1100.01) note to be given to Roth pursuant to a loan n^reement which Silva and Roth have entered into on the date of this contract. 8. CONTINGENCIES. This transaction is contingent on Roth being able to assume the present Federal Land Ban!- mortgage on the Adams County property and also being able to convert the redoral Land Bank loan from a monthly payment loan to an annual payment loan. Roth shall use his b st efforts to make those arranrrments an sb ,11_ not be entitled to tql;e advantage of this contingency after December 15, 197g. This transaction is also contingent on Roth being able to obtain written assurance from the Planning and Zoning Office of Adams County that the blocks in the Barr City Subdivision can be sold without further subdivision procedures. Roth shall use his best efforts to obtain the written assurance and may not take advantage of this contingency after December 15, 1979. 9. DAMAGE TO PROPERTY. In the event that either of the properties is damaged by fire or other casualty prior to time of closing in an amount of not more than 10% of the value of the property, the owner of the damaged property shall be obligated to repair the same before the closing. In the event such damage shall exceed 10%, this contract may be cancelled at the option of the other party. Should the other party elect to carry out this contract despite such damage, that party shall be entitled to all the credit for the insurance proceeds resulting from such damage, not exceeding, however, the total value. Should any fixtures or services fail between the date of this contract and the date of possession or the date of delivery of deed, whichever shall be earlier, then the owner of such property shall be responsible for the repair or replacement of such fixtures or services with a unit of similar size, age and quality, or an equivalent credit. The party who retains possession of any property following the closing, according to the retention rights specified in paragraph 6, that party shall be responsible for any damage occuring after the closing and while he retains possession. 10. TITLE DEFECTS. If either party considers the title to the real estate which he is to receive in the exchange to be unmarketable, he will have the right to deliver a written notice to the other party at any time prior to closing, specifying the title defects. The written notice shall have the effect of postponing the closing for sixty (60) days. If the title is unmarketable and is not corrected within the sixty days, then this contract will be considered terminated unless the party giving the notice will accept the defective title. The title defect shall be disregarded if a title insurance company authorized to issue policies in Colorado will insure against the defect. 11. CLOSING; PRORATIONS. This transaction shall be closed on January 29, 1979, at an hour and place to be designated by Austin & Austin Auctioneers. The closing shall be conducted according to local custom and all documents of transfer, the promissory note and security instruments shall be executed and delivered. No proration shall be made with respect to the 1979 taxes and water assessments, it being understood that the transferee of each respective property shall pay all of the 1979 taxes and assessments. Utility charges and, if applicable, insurance premiums, -4- shall be prorated as of the date of closing, or, if appropriate, as of the date of possession. Interest on the Federal Land Bank mortgage shall be prorated to the date of closing. The fee for assuming the Federal Land Bank mortgage shall be collected from Roth and the fee for assuming the State leases shall be collected from Silva. All deeds and bills of sale and other assignments shall contain general warranties, with such exceptions as are consistent with this contract. 12. ARRANGEMENTS WITH BROKER. Silva and Roth both acknowledge that Austin & Austin Auctioneers have acted as Broker and Agent for both parties in the negotiation of this exchange and will continue to act as Agent for both parties until the date of closing. Each party waives any objection based on the fact that said Broker has and will continue to act for both parties. At the time of signing this contract, Silva has deposited 20,000.00 in the form of a personal check with the Eroker ind r;ot1, l,pt +1,O,3{t"I .1 F^n,lf10.00 ci,nrl• t?i t h II' i,r"1 r, -, 71,0 •l.r r•1 ', t 1 „ 1 ' •', , < t I 't . 11 n1 or ' '' I 1 n , , ' t , s , , i , i• ' t 1Ot :t i ill'i .11I' t.1 110 Ill'1l1 il' ' ' ,1 i (_ {'1, rl , 1 .1. . I t ' S • ' obligations of the parties. itch Dirty has " rl^ a separate e r' 'ree"i'nt for the compensation of the Bro1:or, a11.I I,e i th r 1",rty will have 111 ' 1-r•c;poii :ib i l i i_. with respect to the compensation oh1 i' at inn; of the other. 1 ec11 party also acknowledges that he is not rel_vin'- on any representation; by the Broker or any salesman for the ilrnket , t e l•lt i n}; to the condition ='tl,i pro- ductivity of the properties, but rather each party is r-1 yin, on his own inspection and experience. 1 1. '71.)t',\''in oi- CCU: ;F1' ' ',I i" ,. ',,', l 'ti irl; II, ,1 III i 1 ;'TI I 'f the Weld County property may constitute in part a current t';able event insofar as Roth is concerned and recognizing that the Weld County property consists of different classes of property for income tax purposes, the parties agree to use their best efforts to fairly allocate the total con- sideration being given to Roth as between the different classes of property comprising the "Weld County property". In the nh ee ee of agreement, Roth's decision on the allocation shall be binding, if reasonably made. 14. REMEDIES. Time is of the essence of this contract and if either party fails to meet his obligations under this contract, the other party shall have the option of terminating the contract, specifically enforcing it, or suing for damages. Nothing in this paragraph shall be construed as limiting the rights and remedies of Roth, as Lender, under the loan agreement of even date. 15. MISCELLANEOUS (a) The name "Roth" refers to both Donald A. Roth and Judith F. Roth, or' the survivor of them, and the masculine pronoun when used as referring to Roth refers to both of them, or the survivor. The name "Silva" refers to both Manuel Silva and Elvira Silva, or the survivor of them, and the masculine pronoun when used as referring to Silva refers to both of them, or the survivor. (b) Between the date of this contract and the closing, neither party shall assign his interest in this contract or in the property to be exchanged under this contract, without the express written permission of the other party. (c) If the Zimmatic sprinklers are depreciable for income tax purposes, Silva shall be entitled to take the depreciation deductions. If the sprinklers are not depreciable currently, because of the lease- purchase arrangement, Silva shall be considered to be sub-leasing the equipment from Roth for the same rent payable by Roth, and a corre- sponding amount of the note payments shall, for purposes of income tax reporting, be considered rent payments from Silva to Roth. (d) All provisions of this contract which by their terms would continue to apply after the date of closing shall remain in effect after the closing and shall not be considered to have been merged into the warranties contained in the deeds. To this extent, each party waives any right to rely on the doctrine of merger should any litigation occur with respect to the continuing obligations of this contract. -5- e } (e) Any notice permitted or required under this contract may be mailed by regular mail to the present mailing address of the other party or may be delivered personally to the other party. A copy of any notice also shall be delivered to Ray Weideman of Austin & Austin Auctioneers. (f) The obligations of this contract shall bind the survivors, personal representatives, heirs and devisees of each party; the benefits of this contract shall pass automatically from one spouse to the other in the event of death, without permission of the other party. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first above written at Greeley. Colorado. I' l v Ira Silva ------ — _r— - --- -- /1 •n1 ' , .rt`1 f. ! 1/ Judith F. Roth • -6-- EXHIBIT A • Block 39, Barr City, Colorado, except that portion described in deed recorded in Book 225 at Page 2.65 ; and all of Blocks 1, 2, 3, 6, 7, 8 and Blocks 25 to 38 inclusive, all in Barr City, Colorado, together with all alleys designated in any of said Blocks , and together with the following portions of streets desig- nated in said addition: All that part of Pine Street lying between South line of Fourth Street and North line of First Street; that part of Olive Street lying between South line of Fourth Street and North line of First Street; that part of Locust Street lying between South line of T:tir`d Street and North line of First Street; that Part of Vine Street lying between South line of Third Street an: forth lint of First Street; that part of 's•1d1nut. Street 1;711,-; bcs -,(-- ;; srmi '1 1 j I'(` of r;':('un'i `', r. ;1,1 ,y 1 ) , . , G' t hot I ,i1 I f ' ;i:_r i t sr) ' t ' 01 1 t: l {.tl S tLcu t_ I:tI ..;)_ r I L LIt+' c, ('(, j < t 1. bc'.t'r1('e_n south 3i:(: ei. Second St-r.:-. L ,:1 .(: ;&)'_t r1 11.:):' `:)- or I'ii.,t �'treet; thit_ part of Cne' t_n1It St:1.eut 1-1�i.n.f x�:,.` a South .line of 7'ourth Street and 1;I)rLh 3 the r.:ccone. • Street; that part of 'I',1irct Street:. 1y Iri7 ;)1tvJeen t:-t: t line of Brighton Boulevard and west 1 iii:) o₹: ocunt- Street and between J.ast line of I,.lm Stinet dre1 line of f Burlington Boulevard; thin. Du t- of Second 3}1111=Thetweon T.c-u-it 11nr- flr' Bright (I:1 r, s\T,17r, line of Wa3 ut Street; together with eight (8) shares of capital stock of Burlington Ditch, Reservoir and Land Company; eleven (11) shares of the capital stock of Wellington Tteservoir Company, and eight (3) shares of stock of the Brighton Bareral Ditc:i Ccmp any , Subject to the exceptions and reservations contained in the United States Patent. Subject to the exceptions and . reservations and conditions as contained in deed from the Union Pacific Railway Company recorded in Book 389 Page 492. Subject to existing rights of way for roads, highways , ditches. And, excepting therefrom the following described real estate: That part of Block 6 and Walnut Street adjacent to . Block 6, Barr City, a subdivision in the SW 1/4 Section 21, Township 1 South, Range 66 West of the 6th P.M. , Adams County, Colorado, described as: Beginning at the North- west corner of said Block 6; thence East along the North line of said Block 6, a distance of 23.0 feet; ; thence South and parallel to the West line of said loc:-: 6 , a distance of 580 .0 feet to the South line of said Block 6; thence West along said South line and said South line extended a distance of 53 . 0 feet to the centerline of Walnut Street; thence North along said centerline, a distance of 580 . 0 feet; thence East a distance of 30 .0 feet to the point of beginning. AND ALSO: A tract of land in the E SEA of Section 20, Township 1 South, Range 66 West of the 6th P.M. described as follows: Beginning at a point on the East line of said Section 20 which is 1884 feet North of the Southeast corner of Section 20; thence North 731 feet, more or less, along the East line of Section 20 to a point which is 25 feet South of the Northeast corner of the SE4 of Section 20; thence bar courses and distances as follows: North 89 14' West 1006.8 feet; South 4'22' East 120.2 feet; South 47°39' East 245 feet; South 63°12' East 280 feet; South 42°43' East 120.80 feet; South 10°15' West 242 feet; thence South 89'18' East 527.62 feet, more or less to the point of beginning. Subject to right of way for ditches, rights of way of record and reservoir rights, if any. Together with right to run irrigating water in ditch along East side line of said SEry for a distance 200 feet South of said tract. DEPARTMENT OF PLANNING SERVICES PHONE (303)356-4000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 O CASE NO. SUP-382: 79:4 COLORADO March 13, 1979 To Whom It May Concern : You are receiving a copy of this notification because your name appears as a surrounding property owner owning property within 500 feet of the proposed use. The Weld County Planning Commission will review a request from Manuel and Vera Silva for a Special Use Permit - Dairy Operation on property described as follows : Pt. W-A- Section 35, T4N, R64W The location of the parcel of land for which this application has been submitted is : 7-1/2 miles southeast of Kersey If you have any suggestions or objections , will you kindly notify us in writing before March 28, 1979 . The meeting by the Weld County Planning Commission is scheduled for April 17, 1979 This meeting will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th Street , Greeley, Colorado, at 1 : 30 p.m. If you have any questions concerning this matter, please contact the Department of Planning Services at 356-4000, Ext . 404. Q‘c.ko,, Assistant Zoning Adminis rato CC: sap - 9/13/78 n3 r-[ c3+ m U) O 00 0 z O c ca• • O O CO N r{ ct3 ( 1• O U r-I X ,r{ Z5 O - C/) APP cl - U2 O -O F-{ cdt� - 4) U + N c c c. •c o• ;= t, c, • - o o _ o - a U � � PETITiviv SUPPORTING SPECIAL USE County Commissioners of Weld County, Colorado x�ty Centennial Center Street Colorado 80631 -...::�ssioners undersigned owners of property located within 500 feet of the V described in the application submitted by JewpQv,4y__\i /iv petition you to grant this request for 2f}/4°y� %pFf�ATi0,�J we Mailing Address Description of Propert f/n, �,fa�� 3 7 G,V 2t -e� �,� jar SUP-382: 79:4 Manuel and Vera Silva SURROUNDING PROPERTY OWNERS March 13, 1979 Harlan Haddix Route 1 Box 292 Kersey, CO 80644 Two E Ranches, Inc . 1st National Bank Building, #301 Greeley, CO 80631 /4 -e; i . _ _ — . . - — • • • • • • • . . • • — - - 0 I li ♦ • i • L: • r . • r • ♦ • ,. _ - . _ SECTION FEET 660 1320 1980 2640 3300 3960 4620 5280 QUARTER FEET 33n 660 990 132() 1650 1980 2310 2640 80 SCALE 40 S(AL a 6_:eCC \ 4D'4 ,Co2— /O55 — 35 Cos /- ze - 78 / 712 79.2. w ,Do7)ot__&,t__ Roti-u, E kiar.:6;11L, Cot - /o53 -- as- 0ac1 /--2(O -- 7E3 /792792. La/ go et/ d71OAJ 3T if.) ' (. 2 - /Ass -- 3.9 - OS D /- 2 a -- 77 /7'D Q' 3 TL_ %,19/PL.4/U , ,D,0/.Z ,27-/ &d, 29Z A -iz_s ?e, (,2 /os3— 3 6/3 5-29 /s/p,998 L(1) 4302 W. 9th St. Road, Greeley, Co. 80631 February 26, 1979 ter, nu S a This it in answer to your request for soil and site information for the construction of a dairy barn to be located in part of the NPIk of section 35, T'vp, 4N, Range 64W, Weld County, Colorado. The identified area is Comprised of two soil types. They are Valent sand, (72 AB), 0 to 3 percent slopes and Valent sand (72-X), 3 to 9 percent slopes. Both soils are deep and excessively drained with rapid permeability, moderately available water holding capacity, effective rooting depth of 60 inches or more, slow surface runoff and law water erosion hazard. These boils have few limitations for building* as they usually exhibit adequate bearing strength for foundation,. There are some soils in these mapping units with sandstone between 40 and 60 inches of the surface, This could pose some restrictions with excavation due to hardness. An on-site invaestillation vas not performed as a part of this request, if conditions other than those stated above exist, an onaite investigation should be performed. If an animal waste system is being considered as part of the total construc- tion plan, the soils have severe limitations for sewage lagoon function due to rapid permeability in the subsurface which will allow affluent seepage. Lagoons will need to be artificially sealed to function properly. If there are any further questions, or if more information is required please feel free to contact this office. Sincerely, District Conservationist Greeley Field Office cos Weld County Planning Committal= ...- wallow I .` " SCS-CONS-15 1 )EPARTMENT OF AGRICULTURE ' OCTOBER 1974 SOIL CONSERVATION SERVICE • SOIL MAP ' Owner Manuel & Elvira Silva Operator County Weld State Colorado Soil survey sheet(s) or code nos. YE--5DD-259 Approximate scale N Prepared by U. S. Department of Agriculture, Soil Conservation Service cooperating with West Greeley Soil Conservation District 35-4--54 iii ii IT, '' '--" i''T , : i ,,,\.,. ll „, , , , • i ,, . 1• • 1 " I' ,i 4416: . 77-. n 1 If.c 1 I F+7. )o y .,. .. I I' i ) y' .1 Itt .., ..\\... IY16,t. k 30 • ',ii, ` a.,); ,k1 . 6775 J\,\) JJJ,,, 'ti p• I II; a•� i C +, d: 72-r 9 _ ► r r4N 4.1 4,u 89 - Pi :1 ts • �.• • 1. ^ r. �„ {� �• � _r�,—... 1..a , Itt: a . a: p, ,,1.1a:t • 'I.•,it OA* il a e '4. 1 " w / "A,/'kI , ...,,DIN„,4, t'. .1c'. ,I. � Z. •- 1 J , '1 ,d.,/1" v d 1 ' a ,''c ee 1 A . ti x t "K .+. , , •y 1 t: •• 1v-1a a ry'�C t' 1 ' 'U' n 1 et t • Da 3/"X' WASTES INVENTORY LIVESTOCK FEEDING OPERATIONS County: �j1 D � Company Name and Address /'1/'7c /' ` �9y ' f/ fie , _Z,v . Type of Operation : Feedlot Dairy Farm Other : Stockyard Hog Farm Average Stock Population (Give daily and monthly changes if any) )-ce; -� Total Stock Pen Area and Capacity /_3 mac_ Are Stock Pens Paved? % Method and Frequency of Disposal of Manure /7W-we-xi- re) ,e4e4J- /29,m y, 4«geed 7;94Q," -Z' 5' O -ier r 4&46f' , VJ✓' 44'4i,/) 9d./%i Does Method Control Fly Breeding? 4h , ;6'0 2 ' r'7 /e/Ire /i.J Is Rodent Control Practiced? ,, — Treatment and Disposal of Stock Pen Drainage -4,=,,-;„. _, •Ill t✓ 41/,.6 ,.46'44-/✓ 6 fr /t /r� 4d-1/) e J/- C41)7/gJ 76 /ifiA/Vi , !i/ < ?6.9.t1 y:t s J Stream or Water Body Receiving Drainage (Name , Distance , and Direction ) �✓�/l�i" z-V.4'-T/ ' 729 de: Piv/7O,F-/: '',f/7/! -✓C-/d- 2 S GJ/,! f4 How is Area Zoned? •149,(e Zr�r�E.� Distance and Direction from Nearest Community i s /4/46s fi (9,c Method of Dead Animal Disposal Zeje4D („,i'y �°- Prepared by : CAC : sap 4/17/78 4 ATTENDANCE RECO >� APPLICANT : MANUEL AND VERA fA G TIME : 2:00 P.M. DOCKET,/79-18 DATE: MAy 30, 1979 REQUEST : SUP - Dairy Operation NAME ADDRESS , // froz30)7 �tae, / Hms. l 1,C7 o Pd re e NOT ICr Pursuant to the inning laws ut the State of Colorado and the Weld Counts Land Use Code, a public hearing will be held in the Chambers of the Board of County Commission- ers of Weld County, Colorado,Weld County Centennial Center, 915 10th Street,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 BF IT ALSO KNOWN that the text and maps so certified by the weld County Planning Commission may be examined in the Office of the Clerk to ,ItBoard of County Commissioners, ed in the Weld County Cen- tennial Center,915 10th Street,Third Floor,Greeley,Colorado Docket No 79-18 Manuel and Vera Silva P O Box 120 Kersey,Coloradd 80644 Date May 30,1979 Time 2 00 pm Request Special Use Permit-Dam Operation A TRACT OF LAND LOCATED IN notices • THE WEST 'A OF SECTION 35, TOWNSHIP 4 NORTH, RANGE 64 WEST OF THE 6th P M, WELD COUNTY,COLORADO AND BEING MORE PARTICULARLY DESCRIB- ED AS FOLLOWS COMMENCING AT THE NORTHWEST CORNER OF —" SAID SECTION 35 AND CONSIDER- ING THE WEST LINE OF SAID SECTION 35 TO BEAR SOUTH 00°00'00" WEST AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO THENCE SOUTH 00°00"00" WEST ALONG THE WEST LINE OF SAID SECTION 35,1000 00 FEET TO THE TRUE POINT OF BEGINNING THENCE NORTH 90°00'00" EAST, 1700 00 FEET, THENCE SOUTH 00°00'00" WEST, 1700 00 FEET, THENCE SOUTH 90°00"00"WEST, 1700 00 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 35, THENCE NORTH 00°00'00" EAST, ALONG THE WEST LINE OF SAID SECTION 35, SAID TRACT OF LAND CONTAINS 66 345 ACRES MORE OR LESS THE BOARD OF COUNTY COMMISSIONERS,WELD OUNTY COLORADO C BY MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY leannetteOrdway Deputy Published in the Platteville Herald and I aSalle Leader on Apra 26 1974 and'vtaN, 17 1979 __—- - J I rr ei es es e3 ea ei I • A c6 3 • SENDER Complete items 1.2,and 1. O a Add your address in the "RETURN TO" space on W ®E 5 reverse. ii:_ c c o� Ww 1. The following service is requested (check one). ~ ® cd c ¢ o o Show to whom and date delivered 254 ® c° d i-I cco o R m c o's z Q > ¢ c� �w y o L� w ¢ -=-, w O Show to whom,date,&address of delivery 454 W > N C CC _ z� O C P cam❑ co w w z oo s uw C) cr SW w —I8 -4 � ❑ o W RESTRICTED DELIVERY. co 0 in p KN ClC'. w o w og o2 o�L- .213E za a " Show to whom and date delivered 854 'z'(1' �O 00 ^ w c t? No �o N �o o ORESTRICTED DELIVERY. F- _Z �¢ w ¢ o a o Show to whom,date,and address of delivery ..$1.05 0- �_ a Q w ¢ 30IA113S 1413030 N11f11311 `" he (Fees shown are in addition to postage charges and other c� U ® • 0 1=L C v, FE S33Ifl113S 1V OIldO a a fees). 4 c L' m yn. SBA 804 1131SVWJ1SOd 110SP103 1 0 o 2. ARTICLE ADDRESSED TO: 9L6I =dV` c Manuel and Vera Silva i P. 0. Box 120 m Kersey, CO 80644 79-18 J I ei el. of .e. €,- W 4., m 3. ARTICLE DESCRIPTION: Q REGISTERED NO. CERTIFIED NO. INSURED NO. rn 280602 Wg n uD (Always obtain signature of addressee or agent) El: L a o m I have received the article described above. OI F �® OO 'C H ¢ o a ow a m SIGNATURE W Mgo`) N C I w o o, oW o � C El Addressee ❑ Authorized agent W w cc o' CC � - --= a� W- w t �5EY CJ CC r X'CD w n w w , o_0 1= o00 i -t ' , _ 1 f : _� • •\` 00 0 L' u) Ct �N CC.' Ill wo w oI o E?cco -Wig a a m •-•S+MARK ATE OF DELIVERY CO Q U_ M ❑ w a t? �� OS NWw �� aV �6 dal 6b ,-)Z 0 V ¢ wo vzia Co tncc ¢z Q Q 1 e _R coda N a LA U 3aIAMIS 1d1303O N11flU cn he p 5. ADDRESS (Complete only if requested) A91 W e o ,--I,_ J-1 U c7 Q <f ®• 0 ®` z ¢ v� a S301{103S 191N0I1d0 F 0 I. Us WO 'Z cc vw) of a 'a S33d 1104 O31SIIHISOd 11®SN00 of 2 71 9L61 1_, `C G 6. UNABLE TO DELIVER BECAUSE: CLEINITIAS LS C > x op J Q I a.> 4.,- w ei cs e. ei * GOP 1976-0-203-456 Q i bo H cn d •rl W ' .6 • II a» 03 e it at c G ,._ 01 0 o C3 CE c�� H N C) OO '¢ o "> o IL • •. W =Q > pa CO —I > y R-,- y s ed,, w W w I ¢ a -.kV w V ®M a) H ,S o so of o=o U. Cr C=1� 0 s~ cd O ` - �o x� a 00 o Liam () U S-•+` g U Si Ow 0 o`y o2 RE,- =GE 0 W l.L `A® � tb O.� ❑ w a 2 yo =o �� -off w O p4 zO {J Q 0 U ¢ `�' v,e riYioo HQ� Q a W ,r o i=1‹z c p a) 0 33IMAS 14130311 P&11!11311 3.0 rr 2 g ® w ® z 3¢ CO o S3OI{1113S 1tlN011dO -1 y EC C/)H rn ri a SBA 1104 O31SV JlSOd 11fISNO3 0 2 9L61 .dV`008£u7103 Sd ,4t a 0 y • SENDER• Complete items 1,2,and 5. w SENDER Complete item; and i -,, Add your address in the "RETURN TO" space on c Add your address s in the "RETURN TO" space on o reverse. reverse 3 1. The following service is requested (check one) 1. The following service is requested (check one). Show to whom and date delivered 250 z ig Show to whom and date delivered 250 o El Show to whom,date,&address of delivery 450 Show to whom,date;&addresspf delivery 450 ❑ RESTRICTED DELIVERY. RESTRICTED DELIVERY. O' Show to whom and date delivered 850 Show to whom and date delivescd 850 El RESTRICTED DELIVERY.- ❑ RESTRICTED DELIVERY< • Show to whom,date,and address of delivery ..$1.05 Show to whom,date,and address of delivery ..$1.05 (Fees shown are in additiop to IJo4tage charges and other (Fees shown are in addition to postage charges and other fees). fees). •2. ARTICLE ADDRESSED TO:., : 2. ARTICLE ADDRESSED TO: xi X q Harlan Haddix - c Two E Ranches, Inc. , c Z 1st National Bank Building, #301 z Route 1, Box 292 TT, Gre ley, CO 80631 79-18 m Kersey, CO 80644 79-18 n 3. ARTICLE DESCRIPTION: m 3. ARTICLE DESCRIPTION: m REGISTERED NO. CERTIFIED NO INSURED NO. REGISTERED NO. CERTIFIED NO. INSURED NO. xi 280600 m 280599 i Er) (Always obtain signature of addressee or agent) (Always obtain signature of addressee or agent) --i rn I have received the article described above. m I have received the article described above z m SIGNATURE O Addressee ❑ Authorized agent O SIGNATURE ❑ Addressee ❑ Authorized agent G cn C 4. C 4. P STFIt)IRfC= xi DATE OF DELIVERY r POSTMARK rn z DATE OF DELIVERY o ..i,', if G 5. ADDRESS (Complete only 1 requested p 5. ADDRESS (Complete only if requested) . d c) t, �;, .4 , I�' M1 - A T 6. UNABLE TO DELIVER BEC/�USE• CLERK'S G 6. UNABLE TO DELIVER BECIUSE: \ N K'S m INITIALS + FIALS O / r - �.•. 3..f.. r COP 1E;0 0-203 456 11:COP 1970-O 203-456 fo,1 I T- 9 FILE CONTAINS OVERSIZED MAP PLEASE SEE ORIGINAL FILE Hello