HomeMy WebLinkAbout20121991.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION, RECX12-0058 - PUBLIC SERVICE
COMPANY OF COLORADO / JBS FIVE RIVERS RANCH CATTLE FEEDING, LLC
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 request for Recorded Exemption, RECX12-0058, was submitted by
Public Service Company of Colorado, 1800 Larimer Street, Suite 400, Denver, Colorado 80202,
c/o JBS Five Rivers Ranch Cattle Feeding, LLC, 1770 Promontary Circle, Greeley, Colorado
80634, for property which is located on the following described real estate, to-wit:
E1/2 SW1/4, SW1/4 SW1/4 of Section 3, Township
4 North, Range 66 West of the 6th P.M., Weld
County, Colorado
being more particularly described in the plat which shall be provided by the applicant and known
as Exhibit "A," said plat to be recorded, and
WHEREAS, the Board of County Commissioners, pursuant to its authority under
Section 30-28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of the
Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known
as Recorded Exemption, RECX12-0058, does not come within the purview of the definition of
the terms "subdivision" and "subdivided land," and
WHEREAS, this request is to divide the property into parcels estimated to be
approximately 128.259 acres and 0.810 acres.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is,
exempt from the definition of the terms "subdivision" and "subdivided land."
BE IT FURTHER RESOLVED by the Board that the application of Public Service
Company of Colorado / JBS Five Rivers Ranch Cattle Feeding, LLC, for Recorded Exemption,
RECX12-0058, be, and hereby is, approved subject to the following conditions:
1. A Weld County septic permit is required for any proposed home. The septic
system shall be installed according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations.
2. Prior to recording the plat:
A. All septic systems located on the property shall have appropriate permits
from the Weld County Department of Public Health and Environment.
The Environmental Health Division was unable to locate a permit for the
septic system located on the larger/smaller parcel of this application. Any
existing septic system(s) which is not currently permitted through the
Weld County Department of Public Health and Environment will require
tt,- QL CJA, {gyp 9VOLTthr 2012-1991
RECX12-0058
RECX12-0058 - PUBLIC SERVICE COMPANY OF COLORADO / JBS FIVE RIVERS RANCH
CATTLE FEEDING, LLC
PAGE 2
an I.S.D.S. evaluation prior to the issuance of the required septic
permit(s). In the event the system(s) is found to be inadequate, the
system(s) must be brought into compliance with current I.S.D.S.
Regulations
B. The installation of any septic system within the 100-year floodplain shall
comply with the Weld County I.S.D.S. Floodplain Regulations. In
accordance with the Colorado I.S.D.S. Regulations, no septic systems
shall be installed within the floodway. The applicant shall contact the
Department of Public Works to verify floodplain, versus floodway.
C. The applicant shall submit documentation indicating that water service is
available for Lot B.
D. The applicant shall indicate, specifically on the plat, the type of
right-of-way/easement and indicate whether it is dedicated, private, or
deeded to provide adequate access to the parcel. The right-of-way or
easement shall be a graded and drained road to provide an all-weather
access.
E. A Weld County Road Access Permit Application Form is included in the
packet. It will be required for all new roads, driveways, or other means of
providing ingress or egress to lands adjoining County rights-of-way. The
application form shall be completed by the property owner or his/her duly
authorized agent as evidenced by written documentation.
1) A signature and date will be required to deem the application
acceptable and compete.
2) There is NO FEE for the existing access point.
F. The applicant shall show the approved access on the plat and label it with
the approved access permit number (AP#). This will be provided when a
revised application form is received
G. The applicant shall provide the Weld County Department of Planning
Services with a Statement of Taxes from the Weld County Treasurer
showing no delinquent taxes exist for the original parcel.
H. If demolishing or removing an existing structure, specifically a
mobile/modular home, the applicant shall contact the Weld County
Treasurer's Office, at 970-353-3845, to ensure that the taxes have been
paid and that this structure is removed from the tax roll.
3. Items to be included on the plat:
2012-1991
RECX12-0058
RECX12-0058 - PUBLIC SERVICE COMPANY OF COLORADO/JBS FIVE RIVERS RANCH
CATTLE FEEDING, LLC
PAGE 3
A. The plat shall be titled: Recorded Exemption No. 1057-03-3 RECX12-
0058.
B. A 30-foot-wide joint access and utility easement extending across Lot B
from County Road 31, for the benefit of Lots A and B, shall be shown
clearly on the plat. The joint easement shall be dedicated for the use as
shown using the language set forth in the Weld County Code, Appendix
24-F.2. The easement shall be graded and drained to provide an all-
weather access.
C. All approved accesses shall be clearly shown on the plat. The applicant
shall contact the Department of Public Works to determine if a culvert is
necessary at any approved road access point. If a drainage culvert is
required, a 15-inch Corrugated Metal Pipe (CMP) is Weld County's
minimum size. If the applicant chooses to place a larger culvert, they
shall contact the Department of Public Works to adequately size the
culvert.
D. County Road 31 is designated on the Weld County Road Classification
Plan as a collector road, which requires 80 feet of right-of-way at full
buildout. There is presently 60 feet of right-of-way. An additional 10 feet
shall be delineated on the plat as future County Road 31 right-of-way. All
setbacks shall be measured from the edge of future right-of-way. The
applicant shall verify the existing right-of-way and the documents creating
the right-of-way and this information shall be noted on the plat. If the
right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County.
E. The approved access to the parcel, as determined by the Department of
Public Works, Traffic Engineer. The applicant shall show the approved
access on the plat and label it with the approved access permit number
(AP#) to be provided.
F. The oil and gas setback radiuses for existing wellheads and tank batteries
on the site shall be indicated in accordance with Section 23-3-50.E of the
Weld County Code.
G. The following notes shall be placed on the plat:
1) All proposed or existing structures will meet the minimum setback
and offset requirements for the Zone District in which the property
is located. Pursuant to the definition of setback in the Weld
County Code, the required setback is measured from the future
right-of-way line. No building or structure, as defined and limited
to those occupancies listed as Groups A, B, E, F,H, I, M, and R in
Section 302.1 of the 2006 International Building Code, shall be
constructed within a 200-foot radius of any tank battery or within a
2012-1991
RECX12-0058
RECX12-0058 - PUBLIC SERVICE COMPANY OF COLORADO /JBS FIVE RIVERS RANCH
CATTLE FEEDING, LLC
PAGE 4
150-foot radius of any wellhead. Any construction within a
200-foot radius of any tank battery, or 150-foot radius of any
wellhead, shall require a variance from the terms of
Section 23-3-10 of the Weld County Code.
2) Any future structures or uses on the site must obtain the
appropriate zoning and building permits.
3) Lot A is not eligible for a future land exemption, in accordance with
Section 24-8-20.C.1 of the Weld County Code.
4) The installation of any septic system within the 100-year floodplain
shall comply with the Weld County I.S.D.S. Floodplain Policy. In
accordance with the State of Colorado I.S.D.S. Regulations, no
septic system shall be installed within the floodway.
5) Prior to the release of building permits, the applicant shall submit
a recorded deed describing the Lot upon which the building permit
is requested with the building permit applications. The legal
description on such deed shall include the Lot designation and
Recorded Exemption number.
6) Prior to the release of building permits, the applicant shall submit
evidence to the Department of Planning Services that Lot B has
an adequate water supply of sufficient quality, quantity, and
dependability.
7) Prior to the release of building permits, the applicant shall submit
evidence of approval from the LaSalle Fire Protection District to
the Weld County Department of Building Inspection.
8) Should noxious weeds exist on the property, or become
established as a result of the proposed development, the
applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the
Weld County Code.
9) Building permits shall be obtained prior to the construction of any
building. Buildings that meet the definition of an Agricultural
Exempt Building, per the requirements of Sections 29-1-20 and
29-3-20.B.13 of the Weld County Code, do not need building
permits; however, a Certificate of Compliance must be filed with
the Department of Planning Services and an electrical and/or
plumbing permit is required for any electrical service to the
building or water for watering or washing of livestock or poultry.
2012-1991
RECX12-0058
RECX12-0058 - PUBLIC SERVICE COMPANY OF COLORADO / JBS FIVE RIVERS RANCH
CATTLE FEEDING, LLC
PAGE 5
10) Any disturbance of wetlands shall require the applicant to contact
the Army Corps of Engineers for permits pursuant to Section 404
of the Clean Water Act.
11) Effective April 25, 2011, building permits issued on the proposed
lots will be required to adhere to the fee structure of the County-
Wide Road Impact Fee Program.
12) Effective April 25, 2011, building permits issued on the proposed
lots will be required to adhere to the fee structure of the County
Facility Fee and Drainage Impact Fee Programs.
13) After August 3, 2010, the largest Lot, or Lot B of a two-lot
Recorded Exemption, may not be less than thirty-five (35) acres
Net, in accordance with Section 24-8-40.P of the Weld County
Code.
14) The Weld County Right to Farm Statement, as it appears in
Section 22-2-20.J.2 of the Weld County Code, shall be placed on
the plat and recognized at all times.
4. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services. Upon approval of
the paper copies, the applicant shall submit a Mylar plat, along with all other
documentation required as Conditions of Approval. The Mylar plat shall be
recorded in the office of the Weld County Clerk and Recorder by the Department
of Planning Services. The plat shall be prepared in accordance with the
requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and
additional requirements shall be submitted within one hundred twenty (120) days
from the date of the Board of Weld County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
5. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012„ should the plat not be recorded within the required one-hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall added for each additional three month
period.
6. The Department of Planning Services respectfully requests a digital copy of this
Recorded Exemption, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
2012-1991
RECX12-0058
RECX12-0058 - PUBLIC SERVICE COMPANY OF COLORADO /JBS FIVE RIVERS RANCH
CATTLE FEEDING, LLC
PAGE 6
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of July, A.D., 2012
BOARD OF COUNTY COMMISSIONERS
ZZ WELD COUNTY, COLORADO
ATTEST:��64.,..1�r.�F .
Sean P. C a Chair
Weld County Clerk to the Board
/ ()WRY)
'_ ,^ Will -m F. Garcia, Pr -T
Deputy CIerW to theCBoard �I ��. � 11 it mil/ i�
.43 �h� -rbara Kirkmeyer
APP' . V/`D A CAM:r 1861 if q" �1IXCUSED
/iv
vid E. Long
�u y Attorney ` r7.1 m ; ` 'f' — '
Dougl=s Radem :cher
Date of signature: Yi-c931a
2012-1991
RECX12-0058
MEMORANDUM
TO: Board of County Commissioners
DATE: July 9, 2012
FROM: Kim Ogle, Planning Services
SUBJECT: Recorded Exemption RECX12-0058
Public Service Company of Colorado
JBS Five Rivers Cattle Feeding LLC
The Department of Planning Services has forwarded application RECX12-0058 to the Board of County
Commissioners for consideration. The applicant is requesting that Lot A of RECX12-0058 be approved at
less than 2.5 net acres (for a Lot with a well and an individual septic system) as required per Section 24-8-
40.L of the Weld County Code.
Background Information:
Legal Description: E2SW4/SW4SW4 of Section 3, T4N, R66W of the 6th P.M., Weld County, CO
Parcel No. 1057-03-0-00-034 and 1057-03-3-00-042
Location: South of Highway 394; East of County Road 31 [South of Union Ditch]
Acres: +/- 129.07 acres
Weld County Code Requirement:
Section 24-8-40.L of the Weld County Code states, "The minimum size of any lot proposed with a public
water supply is not less than one (1)acre net. The minimum size of any lot proposed with a well as the water
supply is not less than two and one-half (2'/)acres net. Minimum lot sizes do not apply in zone districts
which allow smaller lots or where exempted by the Board of County Commissioners. The minimum lot size
does not apply to subdivision exemption lots created for the temporary use of a parcel for public utility
facilities."
Applicant request:
The applicant is requesting that the 2.5 net acre requirement be waived because the applicant is proposing
to place an unmanned equipment building on Lot A for the Public Service Company of Colorado. The
applicant is proposing that Lot A be approximately 0.81 acres Net in size. The applicant is not proposing a
well or a septic for this site.
Department of Planning Services Recommendation:
Given the unique circumstances of this case, staff is in support of the request. The applicant is creating a
parcel to be used solely for the expansion of an unmanned electrical substation — Godfrey Substation. No
well and/or septic would be required which eliminates the necessity of having Lot A meet the 2.5 net acre
requirement as outlined in Section 24-8-40.L of the Weld County Code.
The Department of Planning Services has proposed a Plat Note addressing the use of the Lot A parcel. This
Note states:
"Lot A is to be utilized as an unmanned equipment building site. Lot A shall not be abuildable parcel for
residential purposes."
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DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant: Public Service Company of Colorado RECX12-0058 Planner: Kim Ogle
JBS Five Rivers Ranch Cattle Feeding LLC
Legal E2SW4/SW4SW4 of Section 3, T4N, R66W of the 6th P.M., Weld County, CO
Description:
Parcel ID#: 1057-03-0-00-034 and 1057-03-3-00-042
Lot A Before 0.560 +/- acres Lot A After 0.810 +/- acres
Size: Size:
Lot B Before 128.509 +/- acres Lot B After 128.259 +/- acres
Size: Size:
Water Source: Lot A: PSCo Godfrey Electrical Substation Sewer Lot A: No Septic
Lot B: Proposed Well System: Lot B: Proposed Septic
Criteria Checklist
Yes No
X 1. Conforms with Chapter 22 of the Weld County
Code and any adopted municipal plan.
X 2. Compatible with the existing surrounding land uses.
X 3. Consistent with the intent of the zone district.
X 4. Consistent with efficient and orderly development.
X 5. Complies with Recorded Exemption standards in
Section 24-8-40 of the Weld County Code.
X 6. Provides for adequate protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County.
Narrative: The applicant, Public Service Company of Colorado, is applying for a 134.47 foot by
227.00 more or less square foot parcel of land for the construction of improvements to
the existing Godfrey Substation.
The applicant states it is the policy of Public Service Company of Colorado to have fee
simple ownership of all lands on which their facilities are sited. The entire parcel will be
0.810 acres.
MUSR12-0008 is also in review for a Minor Amendment to a Site Specific Development
Plan and Use by Special Review Permit No. USR-732 for a Major Facility of a Public
Utility or Public Agency (Electrical Substation and 115kV Transmission Line) to be
expanded on Lot A of this Recorded Exemption, Subject to the provisions of Section 23-
4-420 in the A (Agricultural) Zone District.
Approved with Conditions
The Weld County Department of Planning Services has determined through an administrative review that
the standards of Section 248-40 of the Weld County Code have been met. This Recorded Exemption is
approved with the following conditions in accordance with information submitted in the application and the
policies of Weld County.
1. A Weld County septic permit is required for any proposed home. The septic system shall be
installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations.
2. Prior to recording the plat:
A. All septic systems located on the property shall have appropriate permits from the Weld
County Department of Public Health & Environment. The Environmental Health Division of
the Weld County Department of Public Health & Environment was unable to locate a septic
permit for the septic system located on the larger/smaller parcel of this application. Any
existing septic system(s) which is not currently permitted through the Weld County
Department of Public Health & Environment will require an I.S.D.S. Evaluation prior to the
issuance of the required septic permit(s). In the event the system(s) is found to be
inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations
B. The installation of any septic system within the 100 year flood plain shall comply with the
Weld County I.S.D.S. flood plain regulations. In accordance with the Colorado I.S.D.S.
Regulations, no septic systems shall be installed within the floodway. Please contact Weld
County Public Works to verify flood plain vs. floodway.
C. Submit documentation indicating that water service is available for Lot B.
D. The applicant shall indicate specifically on the plat the type of right-of-way/easement and
indicate wh4her it is dedicated, private, or deeded to provide adequate access to the
parcel. The right-of-way or easement shall be a graded and drained road to provide an all-
weather access.
E. A Weld County Road Access Permit Application Form is included in the packet. It will be
required for all new roads, driveways or other means of providing ingress or egress to lands
adjoining County rights-of-way. The application form shall be completed by the property
owner to be accessed from a County road or his/her duly authorized agent as evidenced by
written documentation.
1. A signature and date will be required to deem the application acceptable and compete.
2. There is NO FEE for your existing access point.
F. Show the approved access on the plat and label it with the approved access permit number
(AP#). This will be provided when a revised application form is received
G. The applicant shall provide the Weld County Department of Planning Services with a
Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for
the original parcel.
H. If demolishing or removing an existing structure, specifically a mobile/modular home, please
contact the Weld County Treasurer's office at 970 353-3845, to ensure that the taxes have
been paid and that this structure is removed from the tax roll.
3. Items to be included on the plat:
A. The plat shall be titled: Recorded Exemption No. 1057-03-3 RECX12-0058
B. A 30 foot wide joint access and utility easement extending across Lot B from County Road
31, for the benefit of Lots A and B, shall be shown clearly on the plat. The joint easement
shall be dedicated for the use as shown using the language set forth in the Weld County
Code, Appendix 24 F.2. The easement shall be graded and drained to provide all weather
access.
C. All approved accesses shall be clearly shown on the plat. The applicant shall contact the
Weld County Department of Public Works to determine if a culvert is necessary at any
approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal
Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger
culvert please contact the Weld County Department of Public Works to adequately size the
culvert.
D. County Road 31 is designated on the Weld County Road Classification Plan as a collector
road, which requires 80 feet of right-of-way at full build outThere is presently 60 feet of
right-of-way. An additional 10 feet shall be delineated on the plat as future County Road 31
right-of-way. All setbacks shall be measured from the edge of future right-of-way. The
applicant shall verify the existing right-of-way and the documents creating the right-of-way
and this information shall be noted on the plat. If the right-of-way cannot be verified, it shall
be dedicated. This road is maintained by Weld County.
E. The approved access to the parcel as determined by the Public Works Traffic Engineer.
Show the approved access on the plat and label it with the approved access permit number
(AP#) to be provided.
F. The oil and gas setback radiuses for existing wellheads and tank batteries on the site shall
be indicated in accordance with Section 23-3-50.E of the Weld County Code
4. The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located. Pursuant to the
definition of setback in the Weld County Code, the required setback is measured
from the future right-of-way line.
No building or structure as defined and limited to those occupancies listed as Groups
A, B, E, F,H, I, M and R in Section 302.1 of the 2006 International Building Code,
shall be constructed within a 200 foot radius of any tank battery or within a 150-foot
radius of any wellhead. Any construction within a 200 foot radius of any tank battery
or 150 foot radius of any wellhead shall require a variance from the terms of the
Section 23-3-10 of the Weld County Code.
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-
20.C.1 of the Weld County Code.
4) The installation of any septic system within the 100 year flood plain shall comply with
the Weld County I.S.D.S. flood plain policy. In accordance with the State of Colorado
I.S.D.S. Regulations, no septic system shall be installed with in the floodway.
5) Prior to the release of building permits, the applicant shall submit a recorded deed
describing the Lot up which the building permit is requested with the building
permit applications. The legal description on such deed shall include the Lot
designation and Recorded Exemption number.
6) Prior to the release of building permits, the applicant shall submit erclimb to the
Department of Planning Services that Lot B has an adequate water supply of
sufficient quality, quantity and dependability.
7) Prior to the release of building permit, the applicant shall submit evidence of approval
from the LaSalle Fire Protection District to the Weld County Building Department.
8) Should noxious weeds exist on the property or become established as a result of the
proposed development the applicant/landowner shall be responsible for controlling
the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County
Code.
9) Building permits shall be obtained prior to the construction of any building. Buildings
that meet the definition of an Ag Exempt Building per the requirements of Section 29
1-20 and Section 29 3-20.B.13 of the Weld County Code do not need building
permits, however, a Certificate of Compliance must be filed with the Planning
Department and an electrical and/or plumbing permit is required for any electrical
service to the building or water for watering or washing of livestock or poultry.
10) Any disturbance of wetlands shall require the applicant to contact the Army Corps of
Engineers for permits pursuant to Section 404 of the Clean Water Act.
11) Effective April 25, 2011, Building Permits issued on the proposed Ids will be required
to adhere to the fee structure of the Weld County Road Impact Program.(Ordinance
2011-2) (Department of Planning Services)
12) Effective April 25, 2011, Building Permits issued on the proposed lots, will be
required to adhere to the fee structure of the County Facility Fee and Drainage
Impact Fee. (Ordinance 2011-2) (Department of Planning Services)
13) After August 3, 2010, the largest Lot, or Lot B of a two lot recorded exemption, may
not be less than thirty-five (35) acres Net in accordance with Section 24-8-40.P of the
Weld County Code.
14) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in
the country in total market value of agrlhural products sold. The rural areas of
Weld County may be open and spacious, but they are intensively used for
agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long standing agricultiral practices and a lower
level of services than in town. Along with the drawbacks come the incentives which
attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife,
lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County
would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area.
Well-run agricultural activities will generate off-site impacts, including noise from
tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal
pens, field work, harvest and gravel roads; odor from animal confinement, silage and
manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and
supplies to assist in their agricultural operations. A concentration of miscellaneous
agricultural materials often produces a visual disparity between rural and urban areas
of the County. Section 35 3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation
alleged to be a nuisee employs methods or practices that are commonly or
reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the
way" of residential development. When moving to the County, property owners and
residents must realize they cannot take water from irrigation ditches, lakes, or other
structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles
in size (twice the size of the State of Delaware) with more than three thousand seven
hundred (3,700) miles of state and County roads outside of municipalities. The sheer
magnitude of the area to be served stretches available resources. Law enforcement
is based on responses to complaints more than on patrols of the County, and the
distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers
who must leave their jobs and families to respond to emergencies. County gravel
roads, no matter how often they are bladed, will not provide the same kind of surface
expected from a paved road. Snow removal priorities mean that roads from
subdivisions to arterials may not be cleared for several days after a major snowstorm.
Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban
setting. Farm equipment and oil field equipment, ponds and irrigation ditches,
electrical power for pumps and certer pivot operations, high speed traffic, sand burs,
puncture vines, territorial farm dogs and livestock, and open burning present real
threats. Controlling children's activities is important, not only for their safety, but also
for the protection of the farmer's livelihood.
5. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the paper copies the applicant shall
submit a Mylar plat along with all othemmhmentation required as conditions of approval. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of
Planning Services' Staff. The plat shall be prepared in accordance with the requirements of
Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be
submitted withinone hundred twenty (1Q) days from the date the Administrative Review was
signed. The applicant shall be responsible for paying the recording fee.
6. In accordance with Weld County Code Ordinance 2005 7 approved June 1, 2005, should the plat
not be recorded within the regained hundred twenty (120) dt$gaw the date the
Administrative Review was signed a $50.00 recording continuance charge may be added for ach
additional 3 month period.
7. The Department of Planning Services respectfully requests the surveyor provide a digital copy of
this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcViewshapefiles, Arclnfo Coverages and Arclnfo Export files format
type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This
digital file may be sent to dhuerter@co.weld.co.us
8. The Weld County Department of Planning Staff's approval of this Recorded Exemption Application
is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to
meet any one of these conditions within one hundred twenty (120) days of approval, then this case
will be forwarded to the Weld County Board of County Commissioners with a staff recommendation
for denial.
By Date July 3, 2012
Kim Ogle so Planner
h N DEPARTMENT OF PLANNING SERVICES
i i 1555 N 17th AVE
j ' r ^ GREELEY, CO 80631
r WEBSITE:www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970)353-6100, Ext. 3549
ti ' Y FAX: (970)304-6498
May 9, 2012
JOHN D LUPO
PUBLIC SERVICE OF COLORADO
1800 LARIMER ST STE 400
DENVER, CO 80202
Subject: RECX12-0058 -TWO LOT RECORDED EXEMPTION
On parcel(s)of land described as:
E2SW4/SW4SW4 SECTION 3, T4N, R66W EXC BEG N10D49'E 1035.45' OF SW COR SEC
N27D34'W 88.94' N17D35'E 56.57' N62D25'E 119.97' S72D34'E 56.57' S27D34'E 89.94' S62D25'W
199.97'TO BEG EXC UPRR CO RES of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Commission(s)for their review and comments:
Greeley at Phone Number 970-350-9741
Gilcrest at Phone Number 970-737-2426
Evans at Phone Number 970-475-1170
Milliken at Phone Number 970-587-4331
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully,
Kim Ogle
Planner
•
RECORDED EXEMPTION (RE) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT/AMOUNT# Is CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number 1Q5_7_- -nn-Qa tj
(12 digit number-found on Tax I.D.information,obtainable at the Weld County-A Assessor's Office,or www.co.weld.co.us)
Legal Description A pnto.( 544, swill ,Section 3,Township 9_North, RangLWest
Has the property been divided from or had divided from it any other property since August 30, 1972? Yesti Non_
Is this parcel of land, under consideration,the total contiguous land owned by the applicant? Yes.b=Nog
FEE OWNER(S)OF THE PROPERTY:
Name: Public 5-Jeri/ice C y o f Coloyo4c
Work Phone#303-�j 717� 271 Home Phone Email Address
Address: I SOO l-ce +i'r Si
City/State/Zip'Code Calmer , (o R®O').-
/
APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany all applications signed by Authorized:A,lrentj'
Name: ,70)-in Lcpo
Work Phone#303-SrlI-7 1 Home Phone# Email Address john-A. (ore eicepi 57,Cowl
Address: 11O0 /p,rnn.s r- 5 +./ ≤-i'Jt < O*)
City/State/Zip Code DRYrvp -/ CO %OaOJ _
Lot A Lot B Lot C Lot D
Smaller Parcel
Water Source Ai//A N/A
Type of Sewer ^/l/} NIA
Proposed Use fvbs4.p,l-So
Acreage 041 'MR
Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address-
below: below: below: below:
No M
•
' If the property is vacant or unimproved write proposed water source and proposed sewer system for each parcel in
the blanks above.For example,if a well and septic is proposed state:proposed well,proposed septic.
I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board
of County Commissioners. I(We) hereby depose and state under penalties of perjury that all statements, proposals,
and/or plans submitted with or contained within the application are true and correct to the'best of my(our)knowledge.
Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of
authorization from all fee owners must be included with the application.It a,corporation Is the fee owner, notarized
evidence must be included showing the signatory has the legal authority to signior the corporation.
it x,12.12
Sig atur •wner o ALth 'zed Agent Date Signature:Owner or Authorized Agent Date
John(1 Itipo
I aateger,Sith9 a land Rightt
•Xsel Energy Services,Inc. • •
as authorized Agent for Public Service Company of Colorado
Recorded Exemption (RE)
Questionnaire
1.Water Supply Statement.
The parcel will be utilized as an Electric Substation by Public Service Company of
Colorado (PSCo)and will not require any water service.
2. Sewage Disposal Statement.
The parcel will be utilized as an Electric Substation by PSCo and will not require any
sewage disposal service.
3. Description of how the property is being used.
The parcel is currently used as a 115 kV electric substation granted by Use by Special
Review(USR) 732 in 1986. A Recorded Exemption (RE) was not completed at the time
of the original USR application, however a RE is now required due to an expansion of the
existing substation and the additional acquisition of 11,044 square feet. A Minor
Amendment to USR 732 has also been submitted. The additional acquired land is
currently part of a larger parcel used for ranching.
4. Parcel Description.
The new parcel will be a combination of an existing PSCo owned parcel of 0.56 acre in
size currently used as an electric substation and a newly acquired parcel of 0.25 acre in
size. This will create a 0.81 acre parcel for the substation expansion. Access to the parcel
is from an existing access easement which allows access from County Road 31.
5. Unique Physical Characteristics.
The Union Ditch runs east to west just north of the PSCo parcel and a Union Pacific
Railroad line runs east to west just south of the PSCo parcel.
6. Building Envelopes.
No building envelopes are requested.
7. USR on property.
A Minor Amendment to USR 732 is currently under review by Weld County. USR 732
allows for the substation use and will remain with the RE lot.
Tax Account Page 1 of I
Tax Account
Summary
Account Id R0217487
Parcel Number 105703000034
Owners PUBLIC SERVICE CO OF COLORADO
Address TAX SERVICE DEPAICFMIINT
PO BOX 1979
DENVER.CO 80201-1979
Situs Address
Legal 16995-A PT S\V4SW4 3 4 66 BEG N 10O49'1 1035.45'FRON4 SW COR OF SEC WHENCE N27D34'W 89.94'
NI 71)25'13 56.57'N62O25'1 119.97'S72D34'Ii 56.57'S27D34'E 89.94'S62D25'VV 199.97'TO BEG
Inquiry
As Of 03/12/2012 J
Payment Type (_) First
Full
Total Due $0.00
Update
Value
Area Id Mill Levy
0139-0139 41.6810000
Actual Assessed
8900 0 0
Taxes $0.00
The amounts of taxes due on this page are based on last year's property value assesments.
https://www.weldtax.com/treasurer/treasurerweb/account.jsp?account=R0217487 3/12/2012
Submit by Email
Weld County Referral
vaiveisessr,„,%
•
May 9, 2012
Irt
uNTY
— Z
The Weld County Department of Planning Services has received the following item for review:
Applicant: JBS Five Rivers Cattle Feeding LLC, do Case Number: RECX12-0058
John Lupo, Public Service Company of Colorado
Please Reply By: June 6, 2012 Planner: Kim Ogle
Project:TWO LOT RECORDED EXEMPTION
Location: SOUTH OF COUNTY ROAD 388, EAST OF COUNTY ROAD 31
Parcel Number: 105703300042-R6778625 Legal: E2SW4/SW4SW4 SECTION 3,T4N, R66W EXC
BEG N10D49'E 1035.45' OF SW COR SEC N27D34'W 88.94' N17D35'E 56.57' N62D25'E 119.97'
S72D34'E 56.57' S27D34'E 89.94' S62D25'W 199.97'TO BEG EXC UPRR CO RES of the 6th P.M.,
Weld County, Colorado.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
inWe have reviewed the request and find that it does/does not comply with our Comprehensive
Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature Roger Ainsworth 050912
Date
Agency WCSO
Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)353-6100 ext.3540 (970)304-6498 fax
Submit by Email
Weld County Referral
May 9, 2012
I �
The Weld County Department of Planning Services has received the following item for review:
Applicant: JBS Five Rivers Cattle Feeding LLC, c/o Case Number: RECX12-0058
John Lupo, Public Service Company of Colorado
Please Reply By: June 6, 2012 Planner: Kim Ogle
Project: TWO LOT RECORDED EXEMPTION
Location: SOUTH OF COUNTY ROAD 388, EAST OF COUNTY ROAD 31
Parcel Number: 105703300042-R6778625 Legal: E2SW4/SW4SW4 SECTION 3, T4N, R66W EXC
BEG N10D49'E 1035.45' OF SW COR SEC N27D34'W 88.94' N17D35'E 56.57' N62D25'E 119.97'
S72D34'E 56.57' S27D34'E 89.94'$62D25'W 199.97'TO BEG EXC UPRR CO RES of the 6th P.M.,
Weld County, Colorado.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
nWe have reviewed the request and find that it does/does not comply with our Comprehensive
Plan because:
✓ We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature Bethany Salzman 05/09/2012
Date
Agency Zoning Compliance Officer
Weld County Planning Dept. 1555 N 171h Ave,Greeley,CO.80631 (970)353-6100 ext.3540 (970)304-6498 fax
06/07/2012 13:29 9705872P78 T0WN0FMILLIKEN - PAGE 01/03
Sdbthi by Erl sil .'
,86x Weld County Referral
May 9,2012
T
The Weld County Department of Planning Services has received the following item for review:
Applicant JBS Five Rivers Cattle Feeding LLC, Go Case Number.RECX12-0968
John Lupo,Public Service Company of Colorado
Please Reply By: June 6,2012 Planner:Kim Ogle
Project:TWO LOT RECORDED EXFMPTION
Location: SOUTH OF COUNTY ROAD 388,EAST OF COUNTY ROAD 31
Parcel Number 105703300042-R6778625 Legal:E2SW4/SW4SW4 SECTION 3,T4N,R66W EXC
BEG N10D49'E 1035.45'OF SW COR SEC N27D34'W 88.94'N17D35'E 56.577 N62D25'E 119.97'
S72D34'E 66.57'527D34'E 89.94'S62025'W 199.97'TO BEG EXC UPRR CO RES of the 6111 P.M.,
Weld County, Colorado.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration,to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
Information,please call the Department of Phoning Services.
nWe have reviewed the request and find that it does/does not comply with our Comprehensive
Plan because:
We reviewed
have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature Date '/
Agency ca
fNr-�',
Weld county Planning Dept. 1555 N 17th Ave,Greeley,CO.80931 (970)353-0100 aat.3540 (970)304.0496 fan
Submit by Email
a tb Weld County Referral
✓EL� May 9, 2012
The Weld County Department of Planning Services has received the following item for review:
Applicant: JBS Five Rivers Cattle Feeding LLC, c/o Case Number: RECX12-0058
John Lupo, Public Service Company of Colorado
Please Reply By: June 6,2012 Planner: Kim Ogle
Project: TWO LOT RECORDED EXEMPTION
Location: SOUTH OF COUNTY ROAD 388, EAST OF COUNTY ROAD 31
Parcel Number: 105703300042-R6778625 Legal: E2SW4/SW4SW4 SECTION 3, T4N, R66W EXC
BEG N10D49'E 1035.45'OF SW COR SEC N27D34'W 88.94' N17D35'E 56.57' N62D25'E 119.97'
S72D34'E 56.57' S27D34'E 89.94' $62D25'W 199.97'TO BEG EXC UPRR CO RES of the 6th P.M.,
Weld County, Colorado.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
nWe have reviewed the request and find that it does/does not comply with our Comprehensive
Plan because:
✓ We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature Stan Linker 6/1/12
Date
Agency Central Weld County Water District
Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)353-6100 ext.3540 (970)304-6498 fax
Sbb .-nrailita
Luca- 14'- t2-
‘186.1.4.1; Weld County Referral
I \ May 9, 2012
0 a—p`JNTY ,
The Weld County Department of Planning Services has received the following item for review:
Applicant:JBS Five Rivers Cattle Feeding LLC, do Case Number: RECX12-0058
John Lupo, Public Service Company of Colorado
Please Reply By: June 6, 2012 Planner: Kim Ogle
Project:TWO LOT RECORDED EXEMPTION
Location: SOUTH OF COUNTY ROAD 388, EAST OF COUNTY ROAD 31
Parcel Number: 105703300042-R6778625 Legal: E2SW4/SW4SW4 SECTION 3, T4N, R66W EXC
BEG N10D49'E 1035.45' OF SW COR SEC N27D34'W 88.94' N17D35'E 56.57'N62D25'E 119.97'
S72D34'E 56.57'S27D34'E 89.94' S62D25'W 199.97'TO BEG EXC UPRR CO RES of the 6th P.M.,
Weld County, Colorado.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
--We have reviewed-the request and find-that it does/does not comply with our-Comprehensive
{ Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature p,ti Date `— G- I 2-
Agency C 1er; o P (,fi!.6G1Yt4
I
Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)353-6100 ext.3540 (970)304-6498 fax
Submit by Email
' 6 ' . Weld County Referral
„...„...........,...„
r May9, 2012 RECEIVED
U (H-J. N1�o.,- JUN 2 2 2012
Weld County Planning Department
GREELEY OFFICE
The Weld County Department of Planning Services has received the following item for review:
Applicant: JBS Five Rivers Cattle Feeding LLC, c/o Case Number: RECX12-0058
John Lupo, Public Service Company of Colorado
Please Reply By: June 6, 2012 Planner: Kim Ogle
Project: TWO LOT RECORDED EXEMPTION
Location: SOUTH OF COUNTY ROAD 388, EAST OF COUNTY ROAD 31
Parcel Number: 105703300042-R6778625 Legal: E2SW4/SW4SW4 SECTION 3, T4N, R66W EXC
BEG N10D49'E 1035.45' OF SW COR SEC N27D34'W 88.94' N17D35'E 56.57' N62D25'E 119.97'
S72D34'E 56.57' S27D34'E 89.94' $62D25'W 199.97'TO BEG EXC UPRR CO RES of the 6th P.M.,
Weld County, Colorado.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
nWe have reviewed the request and find that it does/does not comply with our Comprehensive
Plan because:
W EWe have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature Date tp 40%7____
�� ��
Agency � '6—
Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)353-6100 ext.3540 (970)304-6498 fax
MEMORANDUM
1861
`�� 1F�
T; ` TO: Kim Ogle, Planning Services DATE: May 14, 2012
� Jj, FROM: Donald Carroll, Engineering Administrator
U��-- - Public Works Department
GOu>'T
SUBJECT: RECX12-0058, JBS Five Rivers Cattle Feeding LLC,
c/o John Lupo, Public Service Company of CO
The Weld County Public Works Department has reviewed this proposal. Staff comments made during this
phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining
application process. Issues of concern must be resolved with the Public Works Department. Our comments
and requirements are as follows:
COMMENTS:
Weld County Functional Classification Map: (Revised Feb. 9, 2011 —Amended 10/2011)
CR 31 is a collector road and requires an 80-foot right-of-way at full build out. There is presently a 60-foot
right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld
County Zoning (23-1-90), the required setback is measured from the future right-of-way line. The applicant
shall delineate or dedicate an additional 10-foot of right-of-way parallel to the CR 394 right-of-way for future
build-out.
REQUIREMENTS:
Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or
become established as a result of the proposed development, the applicant/landowner shall be responsible for
controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum
height of 12 inches until the area is completely developed.
Weld County Road Access Permit Form:
A Weld County Road Access Permit Application Form is included in the packet. It will be required for all new roads,
driveways or other means of providing ingress or egress to lands adjoining County rights-of-way. The application form
shall be completed by the property owner to be accessed from a County road or his/her duly authorized agent as
evidenced by written documentation.
a. A signature and date will be required to deem the application acceptable and compete.
b. There is NO FEE for your existing access point.
Show the approved access on the plat and label it with the approved access permit number (AP#). This will be provided
when a revised application form is received.
The applicant shall indicate specifically on the plat the type of right-of-way/easement and indicate whether it is dedicated,
private, or deeded to provide adequate access to the parcel.
The right-of-way or easement shall be a graded and drained road to provide an all-weather access.
Flood Hazard Development Standards:
This area IS/IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency
Management Agency (FEMA).
M:\PLANNING\KIM\CURRENT PLANNING GASES\RECX12-0055 JBS PSCo\RECX12-0058[PW].docx
Memorandum
ELr , -
�
L r TO: Kim Ogle, W.C. Planning
t _p U I DATE: June 5, 2012
FROM: Mary Evett, W.C. Department of Public
Health and Environment
CASE NO.: RECX12-0058 NAME: JBS Five Rivers Cattle Feeding LLC
Environmental Health Services has reviewed this proposal to exempt one lot off of a
120 acre parcel. Proposed lot A will consist of 0.81 acres and proposed lot B will consist
of 119.19 acres. There is an existing electrical substation on proposed lot A, and a
minor USR is under review for expansion of the substation. The substation is unmanned
and will not require permanent sewer and water service. There is an existing residence
on proposed lot B. Environmental Health Services was unable locate a septic permit for
a septic system for the existing residence on proposed lot B. The applicant will be
required to complete a Statement of Existing for the unpermitted septic system
indicating the size and type of septic system, along with a drawing showing the
dimensions and location of the septic system. The existing septic system will require an
evaluation by Environmental Health Services prior to issuance of a septic permit. In
addition, no information was provided with the application regarding the water source for
the existing residence on proposed lot B.
The following conditions are recommended to be part of any approval:
1. All septic systems located on the property shall have appropriate permits from
the Weld County Department of Public Health & Environment. The
Environmental Health Division of the Weld County Department of Public Health &
Environment was unable to locate a septic permit for the septic system located
on the larger/smaller parcel of this application. Any existing septic system(s)
which is not currently permitted through the Weld County Department of Public
Health & Environment will require an I.S.D.S. Evaluation prior to the issuance of
the required septic permit(s). In the event the system(s) is found to be
inadequate, the system(s) must be brought into compliance with current I.S.D.S.
regulations.
2. The installation of any septic system within the 100-year flood plain shall comply
with the Weld County I.S.D.S. flood plain regulations. In accordance with the
Colorado I.S.D.S. Regulations, no septic systems shall be installed within the
floodway. Please contact Weld County Public Works to verify flood plain vs.
floodway.
3. Submit documentation indicating that water service is available for Lot B.
—T
Z1861 /may..
Department of Planning Services
1555 N 17`"Ave
v / EL 11 Greeley, CO 80631
N T Y (970) 353-6100
COU .
Weld County Referral
Date: June 13,2012
Applicant: JBS Five Rivers Cattle Feeding LLC, do
John Lupo, Public Service Company of Colorado
Project: TWO LOT RECORDED EXEMPTION
Case Number: RECX12-0058
Parcel Number: 105703300042
After reviewing the application and documents submitted for a, Building Department have the
following comments:
2006 International building Code Section 105.2.3 Public service agencies.
A permit shall not be required for the installation, alteration or repair of generation, transmission,
distribution or metering or other related equipment that is under the ownership and control of
public service agencies by established right.
Frank Piacentino
Building Inspection
MN alli aellIgill/
6
Gitli‘
/
VI
ce
o
EVANS _ V
rte. UPRR . ,
105703300003RESOURCE
�„'^ 105703300004 SORIN NATURAL RESOURCE PARTNERS LLC
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105704400001 SORIN NATURAL RESOURCE PARTNERS LLC
SORIN NATURAL RESOURCE PARTNERS LLC 105703000020
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r' EXISTING PROPERTY BOUNDARY
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.' GODFREY
SUBSTATION
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• Electric Transmission Structure e", 105703000042
CATTLE FIVE RIVERS RANCH CATTLE FEEDING LLC
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Lim,ted Access InlerstatelHighway L
Highway a CC
i GODFREY SUBSTATION EXPANSION
Local Road > n F
---• nver2ce o ` Weld County, Colorado
.'.• ••..city Limns V)
N " '� XcelEraergy°
Seeder, f
/ 100 50 100
// s !Feet t[lf Dlltl DL! BY Nt1Ylf.
21 February 2012 by K.Houston 1 inch=100 feet
Sources.Xcel Energy.Weld County
J ,,:
,v° - R 1143 REC 02085845 01/23/87 13:40 $3.00 1/001 I Ys
AR2085845 — F 1618 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
" WARRANTY DEED a
THIS DEED.Made t his day of .19
ii
I between MO DRT OF COLORADO, INC. II -
11 I ` 3
1 i, i
1iI� a corporation dulyy organized and existing under and by shine of the laws of the Sete �I
3 I
1 w Delaware tor. !
ail
PUBLIC SERVICE COMSPANY OF )1oRAW, I,
IX 1t I Ii a corporation duly organized and existing under and by smut of the laws or the State
•
'll
, of COlorado grantee:whose legal addrns is I:El:
+ II 550 15th Street, 4900, Denver, CO 80202.
f I WITNESSETH.That thegrantor.for and in of the of
> i I', One Thousand (1,000) oou.ARS. 1,
i3! II the receipt and wlfictenc'of which is he-ruby akncvl-deed has grated.bargained.soldand con,e.N and F>thn lrt>e,us dx,mm bargain.sell.
it
convey and cannon.unto the grantee.ussuccc>sa>aN assigns fomn all the real MaTKm enK'tha with impnwcmnus ilaaa,ulitarc.bill;and being 11 IG `> .
:-:c..:.1 in the Cann o1 Weld and Stare caJ Cokra0.,dc>cnt des-cubed Won: I t, �_,
1 i L
▪ 21 II A parcel of land in the SWiSWj of Section 3, Township 4 North, Range 66 West I 3 .,,-,A
1 t
II of the 6th Principal Meridian, more particularly described as follows:
11 !I Beginning at a point whence the SW corner of said Section 3 bears II . w
rck - II 5.10°49.52"W. 1035.45 feet; thence N.27°34'38"W. 89.94 feet to a point; thence s
l V N.17°25'22"E. 56.57 feet to a point; thence N.62°25'22'E. 119.97 feet to a I -d '
point; thence S.72°34'38"E. 56.57 feet to a point; thence S. 27°34'38"E.
d _ II 89.94 feet to a point; thence S.62°25122'W. 199.97 feet to the Point of
rr• .`fig`„ :! Beginning, said parcel contains 0.560 acres, more or less.
Y
' C.. State Documental? Fee :s
Date---1:.2 5_13— N
_ _
V also knwn b>strt t ndn be as'. I $ 1{{ • __- 'I
r M1i c Mid Je menial aid 11
f. TOGETHER th all and singular the hereditament!.tad appuneume•theicu+o-heiong - m amenai n.. rt
F > ' II
rents Mc and remainders. Jp f A 1 - II- '1,. k K i>u,JJc rlwTsswrer,if d>e Fraita
Tt I' 'the in lass or equip.uf.in and to the'1 bargainedpc h th nc J rldaryvnCen.ia. IF
V F', II TO HAVE.AND TO HOLD the said M - 'b, bargained Jd bed. ad ppunenanaea unto the grantee.us sates and assigns II 1'{
A. II fortser.And the grantor lot itself us successors ands sin.des unman I.grambargain and agree brand with the grantee its succec nd assigns 6i,
11111'111''y that at tame of the enmal ng and delinen of ne•e present.n,s Pelt silted of me p"m sc-a n .nrd ha•pro.sure perks absolute and .
f. I indefeasible estate of nhenturuce now In feesmp; and ha-good vent tun n-_ r and lawn a b. Agra t.Pepin.sell and cow es the'ante in III _
' rand kern and that the free and clear bnm all Limier and other grans,barg+.-.sales liens. n.assessmeas`vctuMwances y
and reg
f II ,tart>lncbon,nrwh,teser ktN or natN,e otter <+Cep; reservations contained in deed recorded Iuxlust
:! 16, 1906, in Book 233 at Page 52 of the Weld County, Colorado, records; and ., :f' : -J
�' easelents and rights of way of record taxes for 1986 due and payable in 1987 I ,..
c u'1 - I and taxes for subsequent years a +'
R DT The grantor steal and will WARRANT AND FOREVER DEFESIIhc dhow harearcdprem,.tr tRyuct andpeaceahk lo^•osmn id she Framer. IF
�>
V ({ itsnuca>sm and i > apanct all ande.try person er 1 111 Jan ng or to;Lie ine w6Jc or am Nn' II
rtSLIn tiC. 1 �. IN WITNESS WHEREOF,The grantor has caused n•.alsrala lane to he Mmuro suhs<ntcd by n pKsiacm and n.corps ate
seal to Ix hereunto affixed.attested by m secretary the day and year Volaline wnncn a
"'E N Attest
p �
cc- I rn�rou o COLORADO, INC.
a'io :II -) — t.'
•
e ittiA, Myra t M1b art toot/ R, lib art.--k-
iH
n < .
> t a STATE OF C ORADO.
n1.14--1e1 Count of /'<,« }ss Ii o�
I H f I I
{ '�
L +
1I. Th<toregangn Instrument was a.kn+wmJea bet lie iiK a.. e.?C >a !�_ .rv/7 .n. ,1
{ C1 Kenneth bbnfort a, neadce and y Mtyra H. 'bnfort Ali
t .. r pp,g secrtiar>,a Monfort of_ Colorado, Inc. .a cott..rahnn ii
S , f
1 A +
tt III ..
S`t lib dJ,lmb�hvl f . -
NT �.py-iia^d Intlla al weal. I
en I
7,11'1-4r1 111,11 :1111I 1 . r . U�y 1- L. L.___ ti �=LJs II
e r C ale
If-n Denson morn Cm and."
1
f > ltnl . .,W nth the.Litt-root CO Y•ia ,s 2at.gwrl bl] .5 k
lt, \° J61.Ree.6 Pe. uxN>sTr nl[t Colnm noon ,q.r.in ^^v.yr
,rr
b 1143 R02085846 01/23/87 13:4 $3.00 1/001
AN20BSB46 F 1619 M� ANN FEUERSTEIN CLERK & 'ORDER WELD CO, CO
EASEMENT
MONFORT OF COLORADO INC.,
a Delaware Corporation
Grantor, in consideration of Ten Dollars (610.00) and other good and
valuable consideration to Grantor in hand paid by PUBLIC SERVICE COMPANY OF
COLORADO, a Colorado corporation, 550 15th Street, Denver, Colorado, 80202,
Grantee, the receipt whereof is hereby acknowledged, hereby grants,
bargains, sells, conveys and confirms unto Grantee, its successors and
assigns, a non-exclusive perpetual easement for the use of a roadway on,
over and across the following described premises located in the County of
Weld , State of Colorado, to wit:
A parcel of land located in the SWISWI of Section 3, Township 4
North, Range 66 West of the 6th Principal Meridian, County of
Weld, State of Colorado, as more particularly described as
follows: a
Beginning at a point on the East boundary line of Weld County x
Road 31 whence the SW corner of said Section 3 bears
5.03°31'53"W. 1007.27 feet; thence N.55°51'20"E. 94.36 feet to a
point; thence N.36°20'34"E. 32.42 feet to a point; thence ^1
N.27°34'38"W. 13.86 feet to a point; thence N.17°25'22"E. 56.57
. feet to a point; thence N.79°22'42"W. 16.99 feet to a point;
thence S.28°23'03"W. 44.07 feet to a point; thence S.36°20'34"W. Q
34.13 feet to a point; thence S.55°51'20"W. 56.60 feet to a point
on the East boundary line of Weld County Road 31; thence
5.03°31'53°W. 50.54 feet to the Point of Beginning.
rtk
Containing 0.126 acres.
Clii
Together with full right and authority to Grantee, its successors,
licensees, lessees, contractors or assigns, and its and their agents and
employees to enter at all times upon said premises to survey, construct,
repair, reconstruct, patrol, inspect, improve, and maintain said roadway;
together with culverts or other appurtenances used or useful in connection
therewith over said premises. This easement shall include the use of such
roadway by construction vehicles, the hauling of equipment and materials,
and by other vehicles and equipment of Grantee, its employees, agents,
contractors, and sub-contractors.
•
Grantee shall pay for or repair any and all damage to said roadway and
adjacent properties caused by the exercise of the rights granted to it
hereunder.
The provisions of this easement shall be binding upon and shall inure
to the benefit of the heirs, executors, administrators, personal
representatives, successors and assigns of the parties hereto.
A i4 nn
tSigned and delivered this 0/0 - day of L.,,....A.. ..� , 19d.7__.
0�11
,p ATTEST: MONFORTT OF COLORADO, INC.
By:
Q" cretary :Pres ent
X.
I1 STATE OF )
C ss.
p COUNTY OFir,C.,(_ )
tf , :r.:. ».7t •
/The foregoing instrument was acknowledged before me thisorri • day of
, 19•J.., by f.,. ' , rF•e as sident
!!: C.'''antl7i . 7i fit— r-i as Secretary of•Monfort of Colorado, Inc..
2 ' '.o-1 a'eorpprat on
1,:,•ar.r"!��`, J(fitness my hand and official seal.
%.re n-`et my commission expires ///54fr
.��aA . blc
Notary Pu Y
tt
1
or i&i ICK® Merrick&Company
❑d❑ _.... ..... 2450 S.Peoria St./Aurora,CO 80014
❑❑❑ & COMPANY 303/751-0741/Fax 303/751-2581
Job No.: 65317103-01
File: ..\Property Descriptions\Godfrey Substation Expansion.docx
Date: October 10, 2011
PROPERTY DESCRIPTION
Godfrey Substation Expansion
A parcel of land located in the Southwest Quarter of the Southwest Quarter of Section 3,
Township 4 North,Range 66 West of the 6' Principal Meridian, County of Weld, State of
Colorado,being more particularly described as follows:
COMMENCING at the Southwest Corner of said Section 3,whence the South One-sixteenth
Corner of said Section 3/Section 4 bears N03°31'59"W a distance of 1461.30 feet;
THENCE N10°18'35"E a distance of 1035.38 feet to the POINT OF BEGINNING,being
the southerly most corner of that parcel of land described in Book 1143,Page 1618 recorded
on January 23, 1987 in the Weld County Clerk and Recorder's office;
THENCE N28°07'12"W along the southwesterly line and prolongation thereof said parcel of
land described in Book 1143,Page 1618 a distance of 134.47 feet;
THENCE N61°30'06"E along a line being 5.00 northwesterly of and parallel with the
northwesterly line of said parcel of land described in Book 1143, Page 1618 a distance of
227.16 feet;
THENCE S28°03'43"E along a line being 27.00 feet northeasterly of and parallel with the
northeasterly line of said parcel of land described in Book 1143, Page 1618 a distance of
156.92 feet;
THENCE$61°52'01"W along a line being 21.00 feet southeasterly of and parallel with the
southeasterly line of said parcel of land described in Book 1143,Page 1618 a distance of
227.00 feet
THENCE N28°07'12"W along said prolongation of the southwesterly line that parcel of land
described in Book 1143,Page 1618 a distance of 21.00 feet to the POINT OF BEGINNING.
Containing 35,468 square feet, more or less.
Excepting said parcel of land described in Book 1143,Page 1618, containing 24,424 square
feet,more or less.
Net Area= 1044 square feet,more or less.
100 RE678
O• s��"pALE yee%
son-,1cs moo-cot
. .=
Ro Ne ' 00
Dat /tgber 10 '
Job N 71 •
For and o Merrick&Company
oft
An An Employee-Owned Company
II
_t_
S 1/16 COR. SEC. 3/ SEC. 4, 100' R.O.W. FOR DITCH
T4N, R66W, 6TH P.M. GRANTED TO THE UNION
FND. 2-1/2" ALUM. CAP DITCH COMPANY
ON A #6 REBAR REC. 1/27/1903
0.71 ABOVE SLOPE OF RAILROAD BED BOOK 200, PAGE 583
I STAMPED "ALLES AND ASSOCIATES, D. 2" ALUM. CAP
i 'PLST 944\2003" ON .6 REBAR, BENT TO THE SOUTH i
SW F _ - STAMPED "PSCO COLD, PLS 13155" /i �0?SC'
::::".:::,
MUN' PU pD ` O.SD BELOWUGROUNDBLANK i O9.p.,i G�3}9
COOSfgO�` 5 %O 0ryg0 QP 1 10/ NO !0x5847 VOA ' _- \ `,// 74I R66W 6fHCPM g00� 1 --
, ,. r/ 5.-
/y ` ems`` / . ` ''7',., `1 . 24358E 5a 96 �a j-
/ /�i
FND/2" ALUM. CAP 43‘; FND. #6 REBAR may, ---
cc`
I 0/i BELOW GROUND /i� . eP �' '+
MPED "PSCO COLD, �/ �FN
/ PLS 131 Y ,60 L, FND. 2" ALUM. CAP, BLANK
I 3 " `' So 0.1' BELOW GROUND y �y2o
i � / �- zo
S ..........• / / y, FND. 2" ALUM. CAP,
--- / 4i BLANK / 100
1.
/ $/ r v 0.5' BELOW GROUND i
'r n h
iASts _
/ WARRANTY DEED \I
FND. 2" ALUM. CAP BLANK BOOK 1143, PAGE 1618 N
/ 0.4' BELOW GROUN� REC. 1/23/1987 OPQ, ENO
- • 24,424 SQ. Ft ± 00 0,0`�
I X01. 05
V= orPQ, '$, y 0 12.5 25 50 100
CO
_•IIII
MileROADWAY 4TO PSCO REC. 1/23/1987r11FREY SUBSTATION E1IPANSI0N
BOOK 1143 EFt i
RECEPTION NO. 2085846 g�5 11' SQ.I ESMT. FOR UNDERGROUND e' ".y8
I COMMUNICATION CABLES/ 1\0
GRANTED TO PSIj
jiREC. 7/7/19
l.BOOK 1162-- aRE ON NO. 2106112 • SET 24" LONG #5 REBAR W/ 2" ALUM.
POINT OF COMMENCEMENT CAP STAPMED PLS 33200, FLUSH
SW COR. SEC. 3,
T4N, R66W, 6TH P.M. NOTE:
FND. 2-1/2" ALUM. CAP This exhibit does not represent a monumented survey.
IN RANGEBOX It is intended only to depict the attached description.
0.2' BELOW SURFACE Prepared by Merrick & Company
STAMPED "ALLES AND ASSOCIATES, INC., 2000, PLS 9,644"
\ rveA5531710 9 3-01—Godfrey Substation uv*y\DWCS Edab0e\Godfrey Sub E�ymemn.a.y
GODFREY SUBSTATION EXPANSION
PUBLIC SERVICE
COMPANY OF COLORADO eM
1 OF 1 __ _
SECTION SW1/4 SW1/4 SEC. 3 ,TOWNSHIP 4N ,RANGE 66W SCALEI"= 50'
6th PRINCIPAL MERIDIAN, Weld COUNTY, Colorado DRAW BY:JBJ
DOCUMENT NO. AGENT: DATE10/10/2011
American Land Title Association Commitment-Modified 10/73
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
STEWART TITLE
GUARANTY COMPANY
` a3.14
STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for
valuable consideration, hereby commits tots*its policy or policies of title insurance, as identified in
Schedule A, in favor of the proposed Insured named in'Schedule A,-as owner or mortgagee of the estate
or interest covered hereby in the land de i:rdied or,referred to in$chedule A, upon payment of the
premiums and charges therefor;all.aubleCttoi4he proyisiOnscofifiche4Ules A and B and to the Conditions
and Stipulations hereof.
This Commitment shall be effective only When the ulenttt `ottfie proposed Insured and the amount
of the policy or policies committed for hove feet{ it se&d tn' chedule A hereof by the Company,
either at the time of the issuance of this Commitment or itiob`iiquent endorsement.
This Commitment is preliminary tothetastiance of sudM.06.00 or policies of title insurance and all
liability and obligations hereunder shat Lceaseand termmatesix'months after the effective date hereof
or when the policy or policies committed for shall isitit whichever first occurs, provided that the
failure to issue such policy or policiesltnotthe.*Iti0tith6 Company. This Commitment shall not be •
valid or binding until countersigned bat oia4thbrizedofficer or agent.
ate:
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to
become valid when countersigned by an,authonzed officer or agent of the Company, all in accordance
with its By-Laws This Commitment is effectiveasof the date shown in Schedule A as"Effective Date."
hT EWATiT T I T L]f
67IARd NTY COMPANY nD �/''//'/�A,
xu
r an of the Boar3a;2ce0.P°,lsrf � President
Counter ' ned 1908 +.I
Tr%AS a"
Authorized Signatory Front Range Title of Downtown
Denver, LLC
770 Clarkson Street
Denver, Colorado 80.118
165
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-Bliley Act(GLBA)generally prohibits any financial institution, directly
or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated
third party unless the institution provides you with a notice of its privacy policies and practices,such
as the type of information that it collects about you and the categories of persons or entities to whom
it may be disclosed. In compliance with the GLBA, we are providing you with this document, which
notifies you of the privacy policies and practices of Front Range Title of Downtown Denver, LLC
and Stewart Title Guaranty Company.
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you,such as on applications or other forms.
• Information about your transactions we secure from our files,or from our affiliates or others.
• Information we receive from a consumer reporting agency.
• Information that we receive from others involved in your transaction, such as the real estate
agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
•
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following
types of nonaffiliated companies that perform marketing services on our behalf or with whom we have
joint marketing agreements:
• Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
• Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH
ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMUTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know
that information in order to provide products or services to you. We maintain physical, electronic,
and procedural safeguards that comply with federal regulations to guard your nonpublic personal
information.
CONDITIONS AND STIPULATIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or
other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien,
encumbrance, adverse claim or other matter affecting the estate or interest or
mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in
writing, the Company shall be relieved from liability for any loss or damage
resulting from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed Insured shall disclose such
knowledge to the Company, or if the Company otherwise acquires actual
knowledge of any such defect, lien, encumbrance, adverse claim or other matter,
the Company at its option may amend Schedule B of this Commitment
accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named
proposed Insured and such parties included under the definition of Insured in the
form of policy or policies committed for and only for actual loss incurred in
reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or
create the estate or interest or mortgage thereon covered by this Commitment. In
no event shall such liability exceed the amount stated in Schedule A for the policy
or policies committed for and such liability is subject to the insuring provisions and
the Conditions and Stipulations and the exclusions from coverage of the form of
policy or policies committed for in favor of the proposed Insured which are hereby
incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
4. Any claim of loss or damage, whether or not based on negligence, and which arises
out of the status of the title to the estate or interest or the lien of the insured
• mortgage covered hereby or any action asserting such claim, shall be restricted to
the provisions and Conditions and Stipulations of this Commitment.
STEWART TITLE
GUARANTY COMPANY
All notices required to be given the Company and any statement in writing required to
be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas
77252, and identify this commitment by its printed COMMITMENT SERIAL NUM-
BER which appears on the bottom of the front of the first page of this commitment.
Page 5
SCHEDULE A
Order Number: NF00947 Commitment Number: NF00947
1. Effective Date: July 18, 2011 at 7:45 AM
2. Policy or Policies to be issued: Amount of Insurance
A. ALTA 2006 Owner's Policy NONE
Proposed Insured:
Public Service Company of Colorado,a Colorado corporation
B. ALTA 2006 Loan Policy NONE
Proposed Insured:
C.
Proposed Insured:
3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple
and title thereto is at the effective date hereof vested in:
JBS Five Rivers Cattle Feeding LLC,a Delaware limited liability company
4. The land referred to in this policy is described as follows:
SEE EXHIBIT A ATTACHED HERETO
STATEMENT OF CHARGES
These charges are due and payable before a policy
can be issued.
Research and Examination Fee $580.00
ALTA LOAN POLICY 0.00
Included 0.00
Tax Cert Included 0
TOTAL $580.00
Author co raignature
STEWART TITLE
COMMIT.FRM GUARANTY COMP ANY
(COLORADO 6/17 2006) Page 2
SCHEDULE B-Section 1
Order Number: NF00947 Commitment Number. NF00947
Requirements
The following are the requirements to be complied with:
1. THIS COMMITMENT IS PROVIDED FOR INFORMATION PURPOSES ONLY. THE TOTAL LIABILITY OF
THE COMPANY HEREUNDER IS LIMITED TO THE AMOUNT PAID FOR THIS COMMITMENT.
STEWART TITLE
COMMIT.FRM GUARANTY COMPANY
(COLORADO 6/17 2006) Page 3
SCHEDULE B-Section 2
Order Number: NF00947 Commitment Number: NF00947
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same
are disposed of to the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements,or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area,encroachments, and any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. My lien,or right to a lien,for services,labor or material heretofore or hereafter fumished,imposed by law and
not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any,created,first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires for value of record the estate or interest or mortgage thereon covered by this Commitment.
NOTE:Upon compliance with underwriting requirements,exceptions numbered 1-5 will be omitted from the Loan
Policy to be issued hereunder.
6. Unpatented mining claims; reservations or exceptions in patents,or an act authorizing the issuance thereof.
7. Water rights, claims or title to water.
8. Taxes for the year 2011, a lien, but not yet due and payable.
9. RESERVATIONS BY THE UNION PACIFIC RAILROAD COMPANY,AS CONTAINED IN DEED RECORDED
AUGUST 16, 1906 IN BOOK 233 AT PAGE 52.
10. RIGHT OF WAY FOR DITCH, GRANTED TO THE UNION DITCH COMPANY, RECORDED JANUARY 27,
1903 IN BOOK 200 AT PAGE 583.
11. RIGHT OF WAY GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO, FOR ELECTRICAL
TRANSMISSION AND DISTRIBUTION, RECORDED FEBRUARY 18, 1942 IN BOOK 1090 AT PAGE 339
AND IN BOOK 1090 AT PAGE 343.
12. AGREEMENT, RECORDED JANUARY 15, 1950 IN BOOK 1260 AT PAGE 198.
13. EASEMENT,GRANTED TO NATURAL GAS ASSOCIATES, FOR CONSTRUCTION OF PIPELINES AND
APPURTENANCES, RECORDED OCTOBER 25, 1983 IN BOOK 1011 AT RECEPTION NO. 1944708.
14. EASEMENT FOR ROADWAY,GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO,RECORDED
JANUARY 23, 1987 IN BOOK 1143 AT RECEPTION NO. 2085846.
15. EASEMENT, GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO, FOR ELECTRICAL AND
COMMUNICATION PURPOSES, RECORDED JANUARY 23, 1987 IN BOOK 1143 AT RECEPTION NO.
20885846 AND IN BOOK 1143 AT RECEPTION NO. 20885846.
16. EASEMENT, GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO FOR UNDERGROUND
COMMUNICATIONS CABLES, RECORDED JULY 7, 1987 IN BOOK 1162 AT RECEPTION NO. 2106112.
17. SURFACE OWNERS AGREEMENT,RECORDED JANUARY 27,1988 IN BOOK 1184 AT RECEPTION NO.
2129212.
18. RIGHT OF WAY,GRANTED TO ASSOCIATED NATURAL GAS,INC.,FOR PIPELINES AND INCIDENTAL
PURPOSES, RECORDED APRIL 16, 1993 IN BOOK 1379 AT RECEPTION NO. 2329283.
19. SURFACE OWNERS AGREEMENT,RECORDED FEBRUARY 7,1994 IN BOOK 1425AT RECEPTION NO.
2372562.
20. RIGHT OF WAY AND EASEMENT, GRANTED TO SYNDER OIL CORPORATION FOR PIPELINE AND
APPURTENANCES, RECORDED AUGUST 12, 1994 AT RECEPTION NO. 2402101.
21. RIGHT OF WAY AND EASEMENT GRANTED TO KN GAS GATHERING, INC., FOR PIPELINE AND
STEWART TITLE
COMMIT.FRM GUARANTY COMPANY
(COLORADO 6/17 2006) Page 4
SCHEDULE B—Section 2
Order Number: NF00947 Commitment Number: NF00947
APPURTENANCES, RECORDED NOVEMBER 12, 1998 AT RECEPTION NO. 2653125.
22. VALVE SITE CONTRACT,GRANTED TO DUKE ENERGY FIELD SERVICES,INC.,RECORDEDAPRIL 25,
2001 AT RECEPTION NO. 2843029.
23. RIGHT OF WAY GRANT, TO DUKE ENERGY FIELD SERVICES, INC. FOR PIPELINE AND
APPURTENANCES, RECORDED APRIL 25, 2001 AT RECEPTION NO. 2843031.
24. DEED OF TRUST AND SECURITY AGREEMENT FROM FIVE RIVERS RANCH CATTLE FEEDING,LLC,
A DELAWARE LIMITED LIABILITY COMPANY,TO THE PUBLIC TRUSTEE OF THE COUNTY OF WELD,
FOR THE BENEFIT OF COOPERATIEVE CENTRALE RAIFFEISEN-BOERENLEEN BANK, BA,
"RABOBANK INTERNATIONAL NEW YORK BRANCH, AS AGENT, TO SECURE AN AMOUNT OF
650,000,000.00,DATED JULY 19,2005 AND RECORDED AUGUST 1,2005 AT RECEPTION NO.3308068.
25. FINANCING STATEMENT FROM FIVE RIVERS RANCH CATTLE FEEDING, LLC TO BENEFICIARY
NAMED ABOVE, RECORDED JULY 25, 2005 AT RECEPTION NO. 3306073.
26. FINANCING STATEMENT AMENDMENT PURPORTING TO AMEND THE FINANCING STATEMENT
SHOWN ABOVE, RECORDED JANUARY 23, 2009 AT RECEPTION NO, 3601023.
27. FINANCING STATEMENT AMENDMENT, PURPORTING TO AMEND THE FINANCING STATEMENT
SHOWN ABOVE, (25), RECORDED JUNE 24,2010 AT RECEPTION NO. 3701444.
28. FINANCING STATEMENT AMENDMENT,PURPORTING TO AMEND FINANCING STATEMENT SHOWN
ABOVE, RECORDED JUNE 15,2011 AT RECEPTION NO. 3774339.
STEWART TITLE
COMMIT.FRM GUARANTY COMPANY
(COLORADO 6117 2006) Page 5
Order Number: NF00947 Commitment Number. NF00947
DISCLOSURES
Pursuant to C.R.S. 10-11-122,notice is hereby given that:
(A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT;
(B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED
FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT;
(C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS
MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS,THE COUNTY CLERK AND
RECORDER,OR THE COUNTY ASSESSOR.
Note: Colorado Division of Insurance Regulations 3-5-1,Paragraph C of Article VII,requires that"Every title entity shall
be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the
closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed."
Provided that Front Range Title of Downtown Denver,LLC conducts the closing of the insured transaction and is responsible
for recording the legal documents from the transaction,exception number 5 will not appear on the Owner's Title Policy and
the Lenders Title Policy when issued.
Note: Affirmative Mechanic's Lien Protection for the Owner may be available(typically by deletion of Exception No.4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
A. The land described in Schedule A of this commitment must be a single family residence, which includes a
condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or materialmen for the purposes of construction on the
land described in Schedule A of this Commitment within the past 6 months.
C. The Company must receive an appropriate affidavit indemnifying the Company against unified mechanic's and
materialmen liens.
D. The Company must receive payment of the appropriate premium.
E. If there has been construction,improvements or major repairs undertaken on the property to be purchased,within
the six months prior to the Date of the Commitment,the requirements to obtain coverage for unrecorded liens will
include: disclosure of certain construction information;financial information as to the seller,the builder and/or
the contractor; payment of the appropriate premium; fully executed Indemnity Agreements satisfactory to the
company;and,any additional requirements as may be necessary after an examination of the aforesaid information
by the Company.
No coverage will be given trader any circumstances for labor or material for which the insured has contracted for or agreed
to pay.
To comply with the provisions of C.R.S. 10-1 I-123,the Company makes the tol lowing disclosure;
A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the
surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil,gas,other
minerals,or geothermal energy in the property;and
B. That such mineral estate may include the right to enter and use the property without the surface owners's
permission.
STEWART TITLE
COMMR.FRM GUARANTY COMPANY
(COLORADO 6/17 2006) Page 6
Order Number: NF00947 Commitment Number: NF00947
NOTE:THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B,SECTION 2 OF THE TITLE COMMITMENT
HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY
OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY
SATISFIED.
COMMIT.FRM STEWART
GUARANTY COMPANY
(COLORADO 6/17 2006) Page 7
Order No. NF00947
Commitment No.
EXHIBIT A - LEGAL DESCRIPTION
EAST ONE HALF OF THE SOUTHWEST ONE-QUARTER AND THE SOUTHWEST ONE-QUARTER OF THE
SOUTHWEST ONE-QUARTER OF SECTION 3,TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE 6TH P.M.
EXCEPT PARCELS CONVEYED IN DEEDS RECORDED IN BOOK 300 AT PAGE 488;IN BOOK 270 AT PAGE
379, IN BOOK 316 AT PAGE 426 AND IN BOOK 1143 AT RECEPTION NO. 2085845, COUNTY OF WELD,
STATE OF COLORADO.
STEWART TITLE
COMMIT.FRM GUARANTY COMPANY
(COLORADO 6/17 2006) PAGE 8 OF 10
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