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RESOLUTION
SUBDIVISION EXEMPTION NO. 40 .
RE: EXEMPTION OF LAND TRANSFERRED TO CONTINENTAL PIPE LINE CO.
FROM DEFINITION OF "SUBDIVISION" AND "SUBDIVIDED LAND" .
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, has reviewed the request of Continental Pipe Line Co.
for an exemption of land to be transferred to it from Ralph O.
Elliott and Lillian G. Elliott, husband and wife, from the
definition of "subdivision" and "subdivided land" in Section
30-28-101 (10) , CRS 1973, as amended, and in Section 2-1 of the
Weld County Subdivision Regulations , and
WHEREAS, the Board finds that the contemplated transfer
does not conflict with the intent of the Weld County Comprehen-
sive Plan and will not have an adverse impact on the existing use
of the land, and
WHEREAS, the Board has considered the recommendation of the
Department of Planning Services on this matter and has reviewed
information submitted by the applicant.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners, Weld County, Colorado, that the transfer of cer-
tain lands located in Section 18, Township 6 North, Range 64
West of the 6th P.M. , Weld County, Colorado, and being more
particularly described as follows :
Beginning at a point on the South line of said NW Quarter
of Section 20 f an whence the West Quarter corner of said
Section 20 bears North 89°55'51" West, 45.00 feet; thence
North 00°10'00" East, 390.35 feet along the East right-of-
way boundary of U.S. Highway 85; thence South 89°55'51" Fast,
333.70 feet to a point on the West right-of-way boundary of the
Union Pacific Railroad; thence South 00°08'58" East, 390.35
feet along said West boundary of said Union Pacific Railroad
to a point on the South line of said NW quarter of Section 20;
thence North 89°55'51" West 335.86 feet to the point of be-
ginning; this described tract containing 3.000 acres; and
excepting therefrom all rights-of-way and easements which are
of public record,
be and hereby is exempt from the definition of "subdivision"
and "subdivided land" found in Section 30-28-101 (10) , CRS
1973, as amended, and Section 2-1 of the Weld County Subdivision
Regulations.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 7th day of
February, A.D. , 1977.
l� +
J.` / ) 770726
The above and foregoing Resolution was read into the record
and signed on the 16th day of February, A.D. , 1977.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
1
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ATTEST: Y�NLj,- �'!iert .r°^ ^;�✓
Weld County Clerk and Recorder
and Clerk to the Boa
Deputy Coun Attorne
APP VED AS TO F .
�L�
County Attorney
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RECEIPT FOR CERTIFIED MAIL-30
((plus POSTMARK
postage)
R C OR DATE
SENT TO p ipg Llne • .
/ Continental
STREET AT ND NO. amen Ave.
_is22 W 2/17/77
krJ P.O., STATE AND ZIP CODE W� np n(yam
Ch SERVICES FOR DIT�DR�E FEES 15d
Cs`s)
—�_ OPTIONd5how om and date sseeered
• pith delivery to addressee only R
(X_> 1111111-31.______,"----T---ay
ETURN date and where deiwOfad S06_
RECEIPT ' R. SMwWIth d�°Ve'ry to addressee onb -
SERVICES E ONLY ...__e_.....— ...... ......
—DELIVER TO ADORES_______•—•re fired). .. (See other side)
PROVIDED—
O' SPECIAL DELIVERY (extra 9w �" MALL .GPO:1912 0-aeu-ve3
NO 101 co C INTERNATIONAL
rZ PS Form 3800 NOT FOR..
461 'n( MC auy P
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,'-or A ion 7o C o u n s S ioners TJotc February 7, 1977
II 1 For I1F.) 70 — — -- .__
fYut�r Actiun Or Reply Is R•:�7uireJ
t I S, s,:',�:<r:$u_b(Lix.is1QLt EY.t?J' 'L• 1.140 O, Or G�For�___ --- .�— —
_ Continental Pipe Line Co.
ANA leant
The owners of the fol l oui nq described oronerty have requested
an exemption from Section 2-1 of the Weld County Subdivision
regulations adopted September 1972 which defines the term
subdivision :
See Attached •
•
The Planning Department has reviewed this request and recom-
mends that the request be approved for the following
reasons : •
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DOES DOES NOT
X Require water
X Require sewer
X Create traffic problems
X Fall in flood plain
X Agree with Planning Commission Policy
X Create housing
X Agree with surrounding land use
X • Meet all known requirements
Comments : The Planning Cosmission staff recannends that this Subdivision
Exemption be approved only if approval is given for Contitional
Use Permit 22:76:7.
M Ca e o
• N
W.ft.Hamm Continental Pipe Line Company
District Manager 1822 Warren Avenue
Rocky Mountain District Cheyenne,Wyoming 82001
',. (307) 834-4408
January 13, 1977
Board of County Commissioners
Weld County
Services Building
Greeley, CO 80631
Re: Request for an Exemption fran Definition of Subdivision as
contained in Sec 2 of the Weld County Subdivision Regulations
on a parcel of land de c'ribed as part of the NA of Sec 20,
T2N, R66W of the 6th P.M. , Weld County, Colorado
Dear Commissioner:
We are filing this request for a S1>fyiivision Exemption in conjunction
with our Conditional Use Permit Application, No 22:76:7, for a ark
unloading facility and material storage point on land which we propose
to lease from the existing landowners; Ralph O Elliott and Lillian G
Elliott.
As stated, the property will be leased (copy of option attached) and
will revert to the present landowners when our proposed operations are
ended. At such tine, all facilities will be removed and the property
will be restored to its present agricultural use and condition.
For your information, we have attached copies of our Description of
Proposed Operation and Proposed Development Criteria as submitted with
our application for the aforanentioned Conditional Use Permit.
We refer you to the exact legal description and certified boundary survey
of the proposed Conditional Use property as shown on the plat sulmitted
with the Conditional Use Permit Application.
Please notify me at the above address of your plans and schedule for
handling this request, so that I may arrange for Continental Pipe Line
Company representatives to be present at all hearings or public reviews
of this matter.
Please feel free to call if you have any questions.
Very truly yours,
RDlrmlc
Attachments
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• OPTION FOR SURFACE LEASE
THIS AGREEMENT made and entered into this _ clay
of d t .� /,/ , 19 7 f , by and between RALPH 0 .
ELLIOTT and LILLIAN G. ELLIOTT, his wife , hereinafter referred
to as First Parties , and CONTINENTAL OIL COMPANY . a Delaware
corporation , whose address is Conoco Tower , 5 Creen•:;ny Plaza ,
Houston, Texas 77001 , hereinafter referred to as Continental ;
WITNESSETH :
That for and in consideration of the sum of Two Hundred
Dollars ($200. 00) paid by Continental to First Parties , receipt
of which is hereby acknowledged , said First Parties do hereby
grant unto Continental the right and option to lease the follow-
ing described real estate situated in the County o;: Weld , State
of Colorado , to-wit :
A tract of land in the NW quarter of Section
20 , Township 2 North, Range 66 West , of the
6th P .M. in Weld County , Colorado ; said tract •
being more particularly described as follows :
Beginning at a point on the south line of said
NW quarter of Section 20 from whence the west
quarter corner of said Section 20 bears North
- S9°55 ' 51" West , 45 . 00 feet ; thence North
00°10 ' 00" East , 390 . 35 feet along the Fast
right-of-way boundary of U. S . Highway 85 ;
thence South 89°55 ' 51" East , 333 . 70 feet to
a point on the West right-of-way boundary of
the Union Pacific Railroad; thence South
00°08 ' 53" East , 390 . 35 feet along said West
boundary of said Union Pacific Railroad to a
point on the South line of said NW quarter of
Section 20; thence North 39 55 ' 51" West .
335 . 86 feet to the point of beginning ; this
described tract containing 3 . 000 acres ; and
excepting therefrom all rights-of-way and
easements which are of public record.
The right and option for lease hereby granted to said
Continental shall continue and extend for 180 days from the date
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of this Option , and Continental shall have and is hereby granted
the right at any time during said 180 days to exercise said
option and elect to lease said property for a rental of
J' yeU_.,.._' !W-p 42.l.t�CL& & 6 4) 0/1 v e dollars
— — / per year ,
for a term not to exceed 20 years , sup:h lease to he
executed by the parties hereto in the form of that attached hereto
and marked Exhibit "A. " The purpose of such lease shall be for
construction of a truck unloading facility and material storage ,
and such other facilities and appurtenances as ray he necessary
and incident to the same .
The Option hereby granted may be exercised by Continental ' s
serving notice in writing upon First Parties , either by delivery
of said written notice to First Parties in person or by serving
the same by registered mail at the address shown below ; and
the date of service , if served by registered mail , shall be the
date of depositing said notice in the United States mail , postage
prepaid .
All of the covenants and agreements herein contained
shall extend to and be binding upon the heirs , executors , adminis-
trators , successors and assigns of the parties hereto .
IN WITNESS WHEREOF, said First Parties have executed
this Option as of and effective the day and year first above
written.
Ralph O . ElliottAddress
L/pt
<,
--4a-' 7��c- ��;��r Lillian G . f;i l Lo
Address , '
FcC, .2 /
FIRST PARTIES
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/
sQ
STATE OF COLORADO )
ss .
COUNTY OF WELD )
The foregoing instrument was acknowledged before me
this day of ?/�,7G:• _ 19 ;77 , by Ralph O.
Elliott and Lillian G. Elliott .
Witness my hand and official seal.
fly commission expires 64^.../i, /517X
ei
f// /
No ary Pu Lic
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EXHIBIT "A"
SURFACE LEASE
THIS AGREEMENT, made and entered into this
day of , 1977 , by and between RALPH 0 . ELLIOTT
and LILLIAN G. ELLIOTT, his wife, hereinafter designated Parties
of the First Part, and CONTINENTAL PIPE LINE COMPANY, a corporation
with an office in Houston, Texas , hereinafter designated Continental ,
WITNESSETH:
That parties of the First Part, for the consideration
and upon the conditions hereinafter stipulated, have and do
hereby grant, lease, and let unto Continental , its successors
and assigns , the following described tract of land situated in
the County of Weld, State of Colorado, to-wit:
A tract of land in the NW quarter of Section 20,
Township 2 North, Range 66 West, of the 6th P.M.
in Weld County, Colorado; said tract being more
particularly described as follows :
Beginning at a point on the south line of said NW
quarter of Section 20 from whence the west quarter
corner of said Section 20 bears North 89°55 ' 51" West,
45. 00 feet; thence North 00°10 ' 00" East , 390. 35
feet along the East right-of-way boundary of U. S .
Highway 85; thence South 89°55 ' 51" East , 333 . 70 feet to
a point on the West right-of-way boundary of the Union
Pacific Railroad; thence South 00°08 ' 58" East , 390. 35
feet along said West boundary of said Union Pacific
Railroad to a point on the South line of said NW
quarter of Section 20; thence North 89°55 ' 51" West ,
335. 86 feet to the point of beginning; this described
tract containing 3. 000 acres ; and excepting therefrom
all rights-of-way and easements which are of public
record.
TO HAVE AND TO HOLD the same unto Continental , its
successors and assigns , for a period of one year from and after
the date hereof and, at the option of Continental , thereafter
from year to year so long as the same shall be used for the
purposes hereinafter stated, for a period not to exceed ten (10)
years , at and for an annual rental of One Thousand Two Hundred
Dollars ($1 , 200. 00) , payable in advance, the rental for the first year
having this date been paid and receipt thereof being hereby expressly
acknowledged, said tract of land being leased and let for the
.
purpose of erecting, maintaining, and operating thereon a truck
unloading facility and material storage , and such other facilities
and appurtenances as may be necessary and incident to the same .
Continental may at any and all times remove any and all
machinery, pipes , fixtures , and other property placed by it upon
the premises .
First Parties represent , warrant , and covenant that they
are the owners of the surface to the tract of land hereby leased
and have good right and authority to make and enter into this
agreement; and it is agreed that the annual rental hereinabove
specified may be paid by check of Continental direct to Parties
of the First Part at
It is understood and agreed that Continental may, at
its election and after giving First Parties thirty (30) days '
notice in writing, abandon and redeliver on any rental due date
the tract of land hereby leased and thereby be relieved of any
and all further liability as to the land so abandoned and released
and any rentals thereon or thereafter .
If any payment of rent shall be delinquent , or Continental
shall be in default in any other particular, First Party shall
not be entitled to forfeit this lease without first mailing
a written notice by registered mail addressed to Continental Pipe
Line Company at Drawer 1267 , Ponca City, Oklahoma, 74601, care of
Right of Way and Claims Division , advising of the alleged default
and giving Continental ten days after receipt of said notice to
remedy said default in order to avoid forfeiture, and if said
default is remedied within said ten-day period, then no forfeiture
shall be declared.
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.
This agreement and all the terms , conditions , and
provisions thereof shall extend to , inure to the benefit of ,
and be binding upon the heirs , successors , and assigns of the
parties hereto .
This lease is made subject to any mineral lease now
in effect or any mineral lease that may be placed on the
premises in the future.
IN WITNESS WHEREOF , the Parties hereto have hereunto
set their hands the day and year first hereinabove written.
PARTIES OF THE FIRST PART
WITNESS : CONTINENTAL PIPE LINE COMPANY
By
STATE OF )
) ss .
COUNTY OF )
Before me, the undersigned, a notary public within and
for said county and state, on this day of
19 , personally appeared
known to me to be the identical persons described in and who
executed the within and foregoing instrument , and acknowledged
to me that they executed the same as their free and voluntary
act and deed, for the uses , purposes and consideration therein
set forth.
My commission expires
Notary Public
Check No .
Charge
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CONTINENTAL PIPE LINE COMPANY
CONDITIONAL USE PERMIT
Description of Proposed Operation
The Conditional Use property, belonging to Ralph O and Lillian G
Elliott, will be leased by Continental Pipe Line Company on an
annual renewal basis for a period not to exceed ten years under
the provisions of the attached Option For Surface Tease, or for
such period and under such provisions as may be negotiated with
the owners in the future.
The proposed truck unloading facility will be maintained and super-
vised by our present staff of employees based at our Ft. Lupton Punp
Station which is near the proposed facility. There will be no personnel
physically assigned to the facility as the operations are to be completely
automated requiring only spot checks and periodic maintenance. Thus, no
water supply or sewage disposal system will be installed.
The facility will be designed and constructed such that two crude oil
transports can unload their cargo simultaneously while up to four
additional transports nay wait on the property. Truck traffic volume
will not exceed fifty trucks in any twenty-four (24) hour period, with
the average number of trucks being approximately twenty per day. Truck
traffic will be highest during daylight hours with approximately one-
fifth of the activity occuring between the hours of 6 PM and 6 AM daily.
Individual transport operators will make the necessary connections to
the facility in order to unload their cargo through the two proposed
Automatic Custody Transfer (A.C.T.) Units at the site. Each A.C.T. Unit
will consist of a strainer, a peter, and an automatic sampler together
with necessary valves, piping and related appurtenances. The crude oil
thus transferred will be delivered via underground pipeline to an existing
pipeline in the vicinity for further delivery to Continental Pipe Line
Company's Ft. Lupton Rump Station and eventual pipeline delivery to
refineries in Denver, Colorado.
The pLowsed facility will serve to reduce traffic congestion at Spindle
Station (a similar existing facility approximately six miles to the East)
as well as decrease heavy truck traffic operating on State and County
roads between Spindle Oil Field in Weld County and refineries in Denver,
Colorado.
The facility will be designed to eliminate the hazard of ywuund water
pollution through the use of a paved apron in the vicinity of the un-
loading activity complete with catch basins which will gather and contain
any oil which is inadvertently lost during unloading operations.
The above-ground facilities at the site will be enclosed by a six foot
high chain link fence topped with three strands of barbed wire.
12-16-76
CDNTINENTAL PIPE LINE COMPANY
CONDITIONAL USE PERMIT
Proposed Developnent Criteria
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Permitted uses of the land shall include the construction and operation
of a truck unloading facility together with a material storage point.
Site preparation shall include construction of a gravel driveway into
the facility together with a paved apron at the unloading point with
catch basins to collect any oil lost during unloading operations.
There will be two Automatic Custody Transfer (A.C.T.) Units at the
site. The entire facility shall be surrounded by a three strand
barbed wise fence except on the frontage with the county road at
which point the fence shall be tied in with the existing county
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road right-of-aay fence. Above ground piping and equipient at the
truck unloading facility shall be enclosed by a six foot chain link
fence topped with three strands of barbed wire.
The appearance of the proposed facility shall be maintained in a neat
and orderly condition through periodic painting, maintenance, and weed
control.
Parking for up to four oil transports (in addition to two at the un-
loading point) will be provided on the property. The traffic pattern
at the facility shall be one-way only in order to maximize parking
areas.
Appropriate American Petroleum Institute construction and operation
standards for this type of facility shall be adhered to during con-
struction and operation of the proposed facility.
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