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WI I DEPARTMENT OF PLANNING SERVICES
O SUBDIVISION EXEMPTION
COLORADO ADMINISTRATIVE REVIEW
Applicant: Cedar Creek II Case Number: SE-1169
Request: Subdivision Exemption for a Public Utility Facility
Legal Description: Part W2 of Section 2, T10N, R6OW
Parcel Number: 028902000001 Parcel size: +/- 5 acres Planner: C. Gathman
Criteria Checklist
Meets Criteria
Yes No NA
X 1. The proposal is consistent with the policies of Chapter 22 of the Weld County Code.
X 2. The boundary change or temporary use location which would be allowed on the subject
property by granting the request will be compatible with the surrounding land uses.
X 3. In those instances when used pursuant to 24-8-30.A.1 of the Weld County Code, the
request is the best alternative to dispose of existing improvements in conjunction with the
companion Recorded Exemption.
X 4. A lot being created for the purpose of financing will not result in the creation of a lot to be
sold, shall be at least one acre in size, and will no longer exist upon termination of the
financing arrangements.
Approved With Conditions
The Subdivision Exemption is approved in accordance with information submitted in the application and the policies
of Weld County. The Department of Planning Services has determined through its review that the standards of
Section 24-8-40 of the Weld County Code have been met.
1. Prior to recording the plat:
A. The applicant shall address the requirements of the Weld County Department of Public Works as
stated in their referral received 6/30/2010.
B. The plat shall be titled: Subdivision Exemption No. 1169
C. The existing access shall be clearly shown on the plat.
2010-3096
D. County Road 122 is designated on the Weld County Road Classification Plan as a local gravel road,
which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A
total of 30 feet from the centerline of County Road 122 shall be delineated right-of-way on the plat.
This road is maintained by Weld County.
E. County Road 105 is designated on the Weld County Road Classification Plan as a section line road,
which requires 60 feet of right-of-way at full build out. The nonexclusive license agreement (rec. no.
3438391) shall be referred to on the plat. This road is not maintained by Weld County.
F. 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.
G. The following notes shall be placed on the plat:
1) This Subdivision Exemption is for the temporary use of a parcel for a public utility facility.
2) 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 2003 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.
3) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
4) 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.
5) 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.
6) Subdivision Exemption Lots created for a Public Utility Facility shall revert back to the
original parcel when the use ceases to exist.
7) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11)
8) Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
9) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive
agricultural counties in the United States, ranking fifth in total market value of agricultural
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 longstanding agricultural 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 area: 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; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of
the way of residential development without threatening the efficient delivery of irrigation to
fields which is essential to farm production.
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 nuisance employs
methods or practices that are commonly or reasonably associated with agricultural
production.
Weld County covers a land area of over 4,000 square miles in size (twice the State of
Delaware) with more than 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. Snow removal for roads within
subdivisions are of the lowest priority for public works or may be the private responsibility of
the homeowners. 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.
Children 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 center pivot operations, high speed traffic, sand burs, puncture vines,
territorial farm dogs, and livestock present real threats to children. Controlling children's
activities is important, not only for their safety, but also for the protection of the farmer's
livelihood. Parents are responsible for their children.
6. 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 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 within sixty (60) days from the date the Administrative
Review was signed. The applicant shall be responsible for paying the recording fee.
7. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this
Subdivision Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS
formats are ArcView shapefiles, 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
maps(@co.weld.co.us.
8. The Weld County Department of Planning Staffs approval of this Subdivision Exemption is based upon
satisfying the above conditions. Should an applicant be unwilling or unable to meet any one of these
conditions, within 60 days of approval, then this case will be forwarded to the Board of County
Commissioners with a recommendation for denial.
By Date: August 2, 2010
Chris Gathman 0 Planner III
Sr — iw7O)
Plat Checklist POC Planner
Item Comments Check Check
Proper size and material 24" x 36" or I8" x 24" /Minimum 3 millimeter polyester sheet
Lettering No stick-on lettering / Minimum 8 pt. lettering
Boundaries of Lots
Scale Suitable Scale?(1"=200'or 1"=100')
of
(---- vts.
Accesses indicated Shared Access? If so, is easement Certificate included? � , .
Roads labeled, including 1°"1S
R.O.W l/
AL`Z5
Building Envelope(s) N /II-1
Vicinity Map Suitable Scale?(Minimum 1"=2000') !/
North Arrow �--'-----
Legal Description c/
Notes from Planner/
Development Standards
Conditions of Approval \
Gu—� - "ac ��x`s -,•\
Owner's Certificate Notarial Certificate included?All owners must sign the plat, ✓
check the deed.
Surveyors Certificate and All surveyed plats /
Surveyors Stamp Note: USR plats do not need to be surveyed f/
Director of Planning Notarial Certificate included?(RE, SE, SPR, Final PUD if Staff
Certificate Approved)
Planning Commission (USR, COZ, Minor Sub. Final) ro / A
Certificate
Board Certificate (USR, COZ„ Minor Sub Final)
(Final PUD, RE, SE&ZPMH if Board approved) N (iCk
Typical Road Cross Section (COZ, Final Minor Sub. and Final PUD) IJ /A
Easements ( (A
Please return the plat to the CAD Technician within 24 hours of receiving the plat.
Planner on Call: (Initials)
�•'I`�—'�
Planner Signature: Date: /1/151/0
WELD COUNTY,COLORADO
DEPARTMENT OF PLANNING SERVICES
918 10TH STREET
GREELEY,CO 80631
PHONE: 970-3534100,EXT.3540/FAX: 970-304-6498
Date: 3 Q e. 20 I D Receipt No.. 1' 1 5 5 6 9
Received From: SP W11 I ti � t"\o_rA lt e jc
Permit Type No. Description Fee
4221-RI \ E Ca ?J6;c tA4 q oo.co
4221-ZPMH
4221-USR
4221-SITE PLAN REVIEW
4221-CHANGE OF ZONE
4221-PU D
4221-MINOR/MAJOR SUB
#OF BUILDABLE LOTS
4221-ADDITIONAL 30%
FEE FOR SUB's
4221-RE-SUBDIVISIONS
4221-BOA
4221-FHDP/GHDP
HDP
4430-MAPS/POSTAGE
4430-COPIES
4730-INVESTIGATION FEE
6560-RECORDING FEE I 1 • OO
misC.
❑CASH CHEC NO. 14 voS9 1TOTAL FEE 11 I\ •
Receipted By: ca--L# t.10 DL t Exp.
WELD COUNTY,COLORADO
DEPARTMENT OF PLANNING SERVICES
1555 N 17TH AVENUE
GREELEY,CO 80631
PHONE:970-353.6100, EXT. 3540/FAX:970-304-6498
Date: ipQ C - / 20 I .% Receipt No. ¶ 5 7 4
Received From: H ,
Permit Type No. Description Fee
4221-RE/SE
4221-ZPMH
4221-USR
4221-SITE PLAN REVIEW
4221-CHANGE OF ZONE
4221-PUD
4221-MINOR/MAJOR SUB
#OF BUILDABLE LOTS
4221-ADDITIONAL 30%
FEE FOR SUB's
4221-RE-SUBDIVISIONS
4221-BOA
4221-ZPCV/ZPAS
4430-MAPS/POSTAGE
4430-COPIES
IIa
4730-INVESTIGATION FEE
6560-RECORDING FEE
❑CASH$CHECK NO. H I ❑CREDIT CARD TOTAL FEE
Receipted By: / , , lrr .. DL# • x - Exp.
I
Chris Gathman
From: Chris Gathman
Sent: Friday, December 10, 2010 4:09 PM
To: 'rick.haglund@westwoodps.com'
Cc: 'Wengierski, Mark'; 'Gray, Beth'
Subject: SE-1187 administrative comments & changes to the SE-1169 & 1170 plats
Attachments: se 1187 staff comments.doc; plat changes 1010 e-mail.pdf
Rick,
Attached are the SE-1187 staff comments. There are notes and items that need to be added to
the plat.
I have additionally reviewed the draft plat drawing that was received in my office 12/3:
Make sure you add the SE-1187 (versus 1185) on the plat
Add the Vicinity Map and Signature Blocks (to match the language on the SE-1169 & SE-1170
plats) .
You do not need to show a before and after map - simply show the map with the Subdivision
Exemption indicated.
I have also attached my e-mail re: revisions to the SE-1169 & SE-1170 plats back from
October. I have not seen the mylars for those yet (those plats are ready for mylar).
Let me know if you have any questions.
Sincerely,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO. 80631
Ph: (970)353-6100 ext. 3537
Fax: (970)304-6498
1
•
Chris Gathman
From: Chris Gathman
Sent: Wednesday, October 06, 2010 5:59 AM
To: 'mark.wengierski@bp.com'; 'Gray, Beth'
Subject: SE-1169 & SE-1170 plat review comments
Sorry. I thought I had sent these earlier.
I have reviewed the plats and have the following changes:
SE-1169 : No changes.
SE-1170 :
1) Future Road Right-of-way needs to be indicated (40-feet from centerline). - It may
be on the plat but I cannot tell on the 8.5 x 11 version I am looking at.
2) Cable line easement running across the Sheffler property can be removed.
FYI: I will be out of the office until October 28th. If you have any questions re: these
plats you can contact our office (970)353-6100 ext. 3537 and request to speak with the
Planner-On-Call.
Sincerely,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO. 80631
Ph: (970)353-6100 ext. 3537
Fax: (970)304-6498
1
Chris Gathman
From: Chris Gathman
Sent: Monday, August 02, 2010 10:05 AM
To: 'mark.wengierski@bp.com'
Subject: Subdivision Exemption comments for the Substation and Tap sites for Cedar Creek II
Attachments: se1169.doc; se1170.doc; PW referra1668.jpg; PW referra1667.jpg
Mark,
Here are the staff comments for Cedar II windfarm site. The SE-1170 comments refer to an
access permit requirement. Janet Carter with Public Works indicated an access permit would be
required if anything is being changed from the original access permit for this site. If no
change, then no new access permit will be required.
Please forward a copy of these comments to the surveyor as well. I would like to see at least
of pdf copy of the plat before the mylar is prepared.
Sincerely,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO. 80631
Ph: (970)353-6100 ext. 3537
Fax: (970)304-6498
1
POWER OF ATTORNEY
BP Wind Energy North America Inc. (the Company), a corporation organized and
existing under the laws of the State of Virginia, United States of America, hereby makes,
constitutes and appoints:
D. E. Broadfoot
its true and lawful attorney, for it and in its name and behalf and for the sole and
exclusive benefit of the Company to execute and deliver in the name of the Company any
and all agreements affecting real property rights in connection with the development of
wind energy projects, including by way of example only and without limitation, wind
energy leases, easements, and right of way agreements, wind resource measurement
agreements, anemometer agreements and other technical study agreements, transmission
line leases, easements and right-of way agreements, access leases, easements, and right of
way agreements, other leases, easements, and right-of-way agreements related to the
development of wind energy projects, options to acquire any of the foregoing agreements,
as well as option agreements to purchase real property, and all related real estate
documents, and TOGETHER with full power and authority to execute any amendments,
modifications, supplements, releases, renewals, extensions, cancellations, assignments
and transfers of and pertaining to any such instruments, and to supply all things necessary
or desirable to enable the Company to acquire, handle, maintain, extend, perpetuate,
transfer or dispose of any and all rights created or evidenced by such instruments or to
conduct, engage in and transact any and all lawful business of whatever nature or kind on
behalf of the Company; with full force and effect as if authority had been granted in each
particular case by the Board of Directors of this Company, hereby expressly ratifying and
confirming any and all acts heretofore performed under and by virtue of the powers and
authority hereby conferred.
Not by way of limitation, but by way of confirmation, the powers and authority
hereby conferred shall include any and all of the above-described instruments and rights
which may cover or pertain to lands of the United States of America or any state or
territory thereof.
Company hereby agrees to be bound by all acts and representations of said named
person, done or made pursuant to the power and authority herein granted and waives all
defenses to disaffirm or negate all actions performed by him pursuant hereto.
The power and authority hereby conferred upon said named person shall be
effective as of the close of business January 12, 2010, and shall continue in full force and
effect until January 12, 2012 unless notice of revocation in writing is duly given by the
Company prior to such date.
The power of attorney previously granted to Reid M. Buckley and Matthew S.
Sakurada on August 25, 2008, is hereby revoked and canceled, effective as of the close of
business on January 12, 2010. All acts heretofore done prior to the effective date of
cancellation of said Power of Attorney pursuant to the terms thereof by said named
person are hereby ratified and confirmed.
IN WITNESS WHEREOF, COMPANY, has caused its corporate name to be
subscribed and attested to this / day of January, 2010.
BP WIND ENERGY NORTH
AMERICA INC.
By:
John Graham
President
ATTEST:
A.
M. S. Snell
Assistant Secretary
STATE OF TEXAS ) SS:
COUNTY OF HARRIS )
BEFORE ME, on this day personally appeared JOHN GRAHAM, President, and
M. S. SNELL, Assistant Secretary, of BP WIND ENERGY NORTH AMERICA INC.,
known to me to be the persons whose names are subscribed to the foregoing instrument,
and acknowledged to me that they executed the same for the purposes therein expressed,
and in the capacities therein stated as the act and deed of said corporation.
GIVEN UNDER MY HAND AND OFFICIAL SEAL this 2- day of January,
2010.
074 C(&,
e;v.o; LORI CRAL otary Public
;+:' ) Notary Pubhe,State of Texas
I;, °.,; My Commission Expires State of Texas
;,%E :,,� August 2L 2013
•
Sub 'vision Exemption-Cedar Creek I Tap
May 2010
Purpose and Benefits of the Proposal
The purpose of the subdivision exemption is to facilitate the connection of the proposed Cedar Creek
II Wind Farm Project 230 (kV) electric transmission line with the existing 72-mile transmission line that
currently connects the Cedar Creek I substation with the Keenesburg Substation. The subdivision
exemptions would provide a tap to the Cedar Creek I substation (Cedar Creek I Tap). The Cedar
Creek I Tap is part of the overall design for the Cedar Creek II Wind Farm and will allow power to be
transmitted from the Cedar Creek II Wind Farm to the electric grid. The Cedar Creek II Wind Farm is
a wind energy facility with a generating capacity up to 250.8 megawatts (MW) along with a 230-kV
electric transmission line, an interconnection facility to tie into an existing 72-mile transmission line,
existing collector transmission lines, up to five (5) permanent 80-meter meteorological towers, one (1)
substation, an operations and maintenance building/facility, along with one (1) temporary batch plant
and construction facilities.
The Cedar Creek II Wind Farm is proposed to help supply the region's demand for additional
renewable energy resources. Electrical demand continues to increase in Colorado, largely as a result
of continued growth and development along the Front Range. Public Service Company of Colorado
(PSCo)'s 2007 Colorado Resource Plan includes plans for 800 MW of new wind generation by 2015
and an additional 1,000 MW of wind generation by 2020. Although PSCO's demand for renewable
energy dominates regional demand, other utilities such as Tri-state Generation and Transmission
Association, Inc., the Platte River Power Authority, the Municipal Association of Nebraska, Colorado
Springs Utilities, and the Colorado Electric Utility, located in Pueblo and owned by Black Hills
Corporation, also contribute to the regional demand. This Project would help these regional utilities
fulfill its energy needs.
In 2004, Colorado voters passed Amendment 37, the Renewable Energy Requirement. This initiative
requires that the state's largest utilities obtain a minimum of 3 percent of their electricity from
renewable energy resources by 2007, 6 percent by 2011, and 10 percent by 2015. More recently in
March of 2007, House Bill 1281 was passed in Colorado. This bill increased the renewable energy
requirement in Colorado from 10 percent to 20 percent for PSCo and extended the deadline for
compliance from 2015 to 2020. Furthermore, Senate Bill 100 expanded the renewable portfolio
standard to include a 10 percent requirement for cooperative and municipally owned utilities serving
more than 40,000 customers. Finally in November of 2007, Governor Bill Ritter issued the Colorado
Climate Action Plan, which includes a goal to reduce greenhouse gas emissions in the utility sector
by 20 percent by2020. These state requirements, coupled with federal tax incentives, have created a
high demand for renewable energy throughout Colorado. Predictably, utility-scale wind farms are
making a significant contribution to Colorado's renewable energy goals.
The Project area is within an Economic Empowerment Zone. The following benefits of the Project
would help provide economic stimulus to the local community:
• Property tax payments will be made on an estimated $100 to $125 million per every 100 MWs of
turbines and infrastructure. The exact size of the investment will vary depending on the exact size
Subdivision Exemption-Cedar Creek I Tap
May 2010
of the Project and when the Project is constructed because the cost of turbines and other
equipment, engineering, and construction costs will change over time.
• An estimated 100 to 125 construction jobs will be created for every 100 MWs of infrastructure.
• An estimated 12 to 14 long-term, full-time operational jobs will be created when the facility
becomes operational.
• Option and royalty payments will be paid to the approximately 30 families with turbines on their
land.
• Option and easement payments will be paid to the approximate 10 landowners involved in the
transmission line.
• Increased demand for local materials and services will occur during both construction and
commercial operations.
• •
I 111111 11111 111111 liii
111111111111 111111II 111111111 IIIi
3671451 01/21/2010 01:26P Weld County, CO
QM 1 of 11 R 56.00 D 0.00 Steve Moreno Clerk & Recorder
' For Recorder's Use Only
Recording Requested By and
When Recorded Return to:
Land Manager
BP Wind Energy North America Inc.
700 Louisiana,33rd Floor
Houston,TX 77002
(713)354-2130
•
GRANT OF EASEMENT AND EASEMENT AGREEMENT
FOR TRANSMISSION FACILITIES
This GRANT OF EASEMENT AND EASEMENT AGREEMENT FOR TRANSMISSION
FACILITIES (this "Agreement") is made, dated and effective as of , . . . ,. , 2010 (the
"Effective Date"), between George F. Ehmke ("Grantor"), and BP Wind Energy North
America Inc., a Virginia corporation ("Grantee"). Grantor is the sole owner of that certain
property located in Weld County, Colorado, as more particularly described in Exhibit A attached
hereto and made part hereof(the"Property").
1. Grant of Easements. For good and valuable consideration, the receipt and legal
sufficiency of which are hereby acknowledged by Cirantor, Grantor hereby grants to Grantee and
its successors and assigns: (i)an exclusive easement (the"Substation Easement") on, along, over,
under and across an approximately 218,180.00 square foot area located on the Property, as more
particularly described and depicted in Exhibit B-1 attached hereto and made part hereof (such
portion of the Property, the "Substation Easement Area") and (ii) an exclusive easement
("Transmission Easement") on, along, over, under and across a portion of the Property one
hundred (100) feet wide, as more particularly described in Exhibit B-2 attached hereto and made
part hereof (such portion of the Property, the "Transmission Easement Area") (the Substation
Easement Area and the Transmission Easement Area, collectively, the"Easement Area"), for the
right to erect,construct, reconstruct, replace,remove,maintain and use, from time to time: (i)a line
of towers or poles, with such wires and cables as from time to time are suspended therefrom,
and/or underground wires and cables, for the transmission of electrical energy and/or for
communication purposes, and all necessary and proper foundations, footings, crossarms and other
appliances and fixtures for use in connection with said towers, poles. wires and cables on, along,
over, under and across the Easement Area, and (ii) with respect to the Substation Easement Area
only, one or more substations or interconnection or switching facilities from which Grantee or
others that generate energy may interconnect to a utility transmission line or system or the
transmission line or system of another purchaser or producer of electrical energy. The
Transmission Easement Area may exceed 100 feet in width by up to 50 feet to the extent
reasonably necessary to accommodate guy wires needed to enable a transmission line to turn a
corner. Said towers. poles, wires, cables, foundations, footings, crossarms,appliances, substations,
fixtures, facilities and rights-of-way are herein collectively called the"Transmission Facilities."
RECORDER'S MEMORANDUM
THIS DOCUMENT WAS FOUND
TO BE INADEQUATE FOR
SCANNINGP.LiKt_OSES.' :. ..
1
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2. Payment. In consideration of the rights granted hereunder, Grantee agrees to pay
Grantor the amounts set forth in the Fee Schedule attached hereto("Fee Schedule').
3. Construction Activities. During the construction of the Transmission Facilities, Grantee
may use for construction purposes an additional fifty (50) feet of land in total on either or both
sides of the Transmission Easement Area. Grantee will use commercially reasonable efforts to
minimize surface disturbance on the portion of the Property lying outside of the Transmission
Easement Area during construction. Grantee shall notify Grantor of the commencement and
completion of construction on the Property.
4. Access. Grantor also hereby grants to Grantee an access easement (the "Access
Easement") over, across and along the Property by means of roads and lanes thereon if existing,
or otherwise by such route or routes as Grantee may construct from time to time for the purposes
of(a) ingress to and egress from Transmission Facilities (whether located on the Property or
elsewhere) and (b) entering onto the Property at any time to conduct inspections. tests,
geotechnical reviews, soil tests, environmental studies, wildlife and/or habitat studies,
transmission studies, archeological assessments, land surveying. title examinations, site
engineering, and such other activities as Grantee reasonably deems necessary or appropriate for
determining whether the Property is or remains suitable for Grantee's permitted purposes under
this Agreement. and (ii) make all foreseen and unforeseen and ordinary and extraordinary
changes and repairs which may be required to the Transmission Facilities, and to maintain and
keep the Easement Area in good order. repair and condition. including but not limited to
trimming, cutting and removing trees and underbrush anywhere on the Property as reasonably
necessary if any limbs, branches or other parts are within the Easement Area. When Grantee
performs such maintenance activities, Grantee shall remove all debris created (such as, but not
limited to, tree limbs, underbrush, etc.) and dispose of such debris offsite. The Substation
Easement. Transmission Easement and Access Easement are collectively referred to herein as the
"Easement".
5. Perm and Termination. Subject to the terms and conditions of this Agreement,the term of
this Agreement shall commence on the Effective Date and continue in perpetuity unless earlier
terminated by Grantee by written notice to Grantor. An "Event of Default" shall exist under this
Agreement if: (a) Grantee fails to pay Grantor the post-construction payment that is due in the
attached Fee Schedule after commencement of construction of the Transmission Facilities on the
Property by the earlier of (i) the thirtieth (30th) day after commencement of construction or
(ii)December 31, 2018 (the "Payment Expiration Date") or (b) Grantee defaults in the
performance of any other covenant or agreement contained in this Agreement and (c) either such
default in (a) and (b) hereof continues uncured for a period of sixty (60) days after written notice
thereof from Grantor to Grantee, unless such default cannot be reasonably cured within such sixty
(60)-day period, in which case no Event of Default shall exist if Grantee, within such sixty (60)-
day period, commences to cure such default and thereafter prosecutes the cure of such default in
good faith and with due diligence. Upon the occurrence of an Event of Default, this Agreement
may be terminated by recording in the Real Property Records of the county in which the Property
is located ("County Records") a declaration executed by Grantor and Grantee stating that this
Agreement has terminated by reason of the occurrence of an Event of Default. Upon the
expiration or earlier termination of this Agreement, Grantee shall promptly de-energize any
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electrical lines or facilities in, on or over the Easement Area. remove the Transmission Facilities
from the surface of the Easement Area, and restore said surface to approximately the same
condition as the Easement Area was in on the Effective Date. If Grantee fails to remove such
Transmission Facilities within twenty-four (24) months of termination of this Agreement. or
such longer period as Grantor may provide by extension, Grantor may do so, in which case
Grantee shall reimburse Grantor for reasonable out-of-pocket costs of removal and restoration
incurred by Grantor.
6. Assignment. Grantee may assign this Agreement or its rights with respect to the Easement,
in whole or in part, without the need for Grantor's consent. Grantee shall have the right to make a
partial conveyance or assignment of the Easement resulting in two or more persons or entities
having interests as tenants-in-common who shall have the right to jointly use any Transmission
Facilities and/or roads on the Property for ingress to and egress from the Transmission Facilities.
The assignor under any assignment hereunder shall be released from obligations and liabilities
accruing after the date such obligations and liabilities are assumed by the assignee, to the extent
assumed by the assignee. This Agreement and the Easement shall run with the Property, whether
or not this Agreement and/or the Easement (or any part thereof) is referenced or described in any
conveyance, ground lease or other instrument granting rights in, to or under all or any portion of
the Property. This Agreement and the Easement shall inure to the benefit of, and be binding
upon, Grantor and Grantee and their respective transferees, heirs, successors and assigns and all
persons claiming under them. Any sale or other transfer of the Property by Grantor shall be
subject to this Agreement and the Easement.
7. Compliance with Laws. Grantee shall comply with all laws, regulations and rules
governing the erection, construction.reconstruction.replacement, removal, maintenance and use of
the Transmission Facilities. Grantor agrees to cooperate fully and promptly with Grantee, so long
as such work is accomplished at no out-of-pocket cost to Grantor, and to join in all applications
for permits, licenses and governmental approvals or requests for other instruments which
Grantee may deem necessary for purposes of the intended use or development of the Easement
Area or the Property.
8. Costs. All costs and expenses incident to the erection, construction, reconstruction.
replacement, removal, maintenance and use of the Transmission Facilities including the trimming
and cutting of any trees and underbrush shall be borne by Grantee.
9. Grantor's Right to Use the Easement Area. Grantor retains the right to use the Property.
including the Easement Area. for all purposes not inconsistent with, and which will not interfere
with,the rights granted to Grantee by this Agreement.
10. Indemnity. Grantee shall, at all times, save and hold harmless and indemnify Grantor, its
officers, partners, agents. contractors and employees, from and against all losses, damages,
expenses, claims, demands, suits and actions for personal injuries and property damage outside the
Easement Area. to the extent caused by the negligence or willful misconduct of Grantee, its
officers, partners, agents, contractors and employees. Grantor shall, at all times, save and hold
harmless and indemnify Grantee, its officers, partners, agents, contractors and employees, from
and against all losses, damages, expenses, claims, demands, suits and actions for personal injuries
3
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and property damage within the Property, to the extent caused by the negligence or willful
misconduct of Grantor, its officers, partners, agents. contractors and employees.
11. Financing.
11.1 Grantee may collaterally assign, mortgage or otherwise encumber its interest in
this Agreement to a Financing Party (as hereinafter defined) under a Mortgage (as hereinafter
defined). The term "Financing Party" means any institution (including any trustee or agent of
behalf of such institution) providing debt or other financing to Grantee or its successors or assigns.
The term "Mortgage" shall mean any mortgage, deed of trust, deed to secure debt or other security
instrument by which Grantee's interest under this Agreement is mortgaged, conveyed, assigned or
otherwise transferred to secure a debt or other obligation to a Financing Party. Each Financing
Party who provides notice to Grantor of its Mortgage shall be referred to as "Mortgagee."
11.2 So long as any Mortgage remains in effect, this Agreement shall not be
modified, and Grantor shall not accept a surrender of the Property or a termination or release of
this Agreement prior to the expiration of the term hereof_ without the prior consent of all
Mortgagees.
11.3 Grantor, upon providing Grantee any notice of(i) default under this Agreement
or(ii) termination of this Agreement. shall at the same time provide a copy of such notice to each
Mortgagee. Such Mortgagee shall have the same period, after the giving of such notice, for
remedying any default or causing the same to be remedied (but shall have no obligation to remedy
or cause the remedy of any default), as is given Grantee after the giving of such notice to Grantee
to remedy the default specified in any such notice. Grantor shall accept such performance by or at
the instigation of such Mortgagee as if the same had been done by Grantee.
11.4 Grantor shall execute such estoppel certificates (certifying as to such matters
as Grantee may reasonably request. including, without limitation, that no default then exists
under this Agreement to Grantor's knowledge, if such be the case) and/or consents to assignment
and/or non-disturbance agreements as Grantee or any Mortgagee may reasonably request from
time to time.
11.5 In the event Grantor wishes to terminate this Agreement as a result of any
default by Grantee hereunder after expiration of any applicable period of notice and cure,
Grantor shall give prompt notice to the Mortgagees. and shall not terminate this Agreement
unless and until it has complied with this Section and Mortgagees have elected not to respond to
Grantor's notice within the period hereinafter described. Grantor shall, upon written request of
the first priority Mortgagee, made within forty (40) days after notice to such Mortgagee, enter
into a new easement agreement with such Mortgagee, or its designee, within twenty (20) days
after the receipt of such request. Such new easement agreement shall be effective as of the date
of the termination of this Agreement by reason of default by Grantee. and shall be for a term
equal to the remainder of the term of this Agreement and upon the same terms, covenants,
conditions and agreements as contained in this Agreement. Upon the execution of any such new
4
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11111111111111111 III 111111111101
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easement agreement, the Mortgagee shall agree in writing to perform or cause to be performed
all of the covenants and agreements set forth in this Agreement to be performed by Grantee to
the extent that Grantee failed to perform the same prior to the execution and delivery of the new
easement agreement.
12. Grant to Utility. Grantee shall have the right to grant to any utility the right to
construct, operate, repair, replace, expand, enlarge and maintain Transmission Facilities in the
Easement Area pursuant to any standard form of easement or other agreement used by utility.
13. Notices. All notices. requests and communications (`Notice") under this Agreement
shall be given in writing, by(i) personal delivery (confirmed by the courier delivery service), (ii)
facsimile and confirmed in writing by mail, or (iii) first class certified mail, postage prepaid,
return receipt requested,to the individuals and addresses indicated below:
(a) If to Grantor:
George F. Ehmke
53468 CR 384
Grover, CO 80729
(b) If to Grantee:
BP Wind Energy North America Inc.
700 Louisiana, 33rd Floor
Houston, TX 77002
Attention: Land Manager
Facsimile: (713) 354-2120
(c) If to Mortgagee:
At the address indicated in Mortgagees notice sent to Grantor under Section 11.1
hereo f.
Except as expressly provided herein, any Notice provided for herein shall become effective only
upon and at the time of first receipt by the party to whom it is given. unless such Notice is only
mailed by certified mail, return receipt requested. in which case it shall be deemed to be received
five (5) business days after the date that it is mailed. Any party may, by proper written notice
hereunder to the other party. change the individual address to which such Notice shall thereafter
he sent.
14. Applicable Law. This Agreement shall he construed and enforced in accordance with the
laws of the State of Colorado, excluding the choice of law provisions thereof.
15. Integration; Amendment. This Agreement, when executed, approved and delivered.
together with all exhibits attached hereto, shall constitute the entire agreement between the
parties and there are no other representations or agreements, oral or written. except as expressly
5
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set forth herein. This Agreement may not be amended or modified except by a written
agreement signed by the parties hereto.
16. Inaccuracy of Leizal Description or Ownership. In the event of any inaccuracy in the
description of the Property or Easement Area in Exhibit A or Exhibit B, respectively, or in the
description of the parties in whom title to the Property is vested, Grantor and Grantee shall
amend this Agreement to correct such inaccuracy in order to accomplish the intent of Grantor
and Grantee.
17. Recording. Grantor and Grantee agree that this Agreement (without the Fee Schedule)
shall be recorded in the County Records.
18. Severability. If any terms or provisions of this Agreement are deemed to be invalid or
unenforceable,the remainder of this Agreement shall not be affected thereby.
19. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be deemed to be an original agreement,and all of which shall constitute one agreement.
[signature page follows]
6
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IN WITNESS WHEREOF, Grantor and Grantee have caused this Agreement to be executed and
delivered by their duly authorized representatives as of the Effective Date.
"GRANTOR"
George F. Ehmke
NanetGeor e F. Ehmke
STATE OF )
) ss:
COUNTY OF
?pc)
e for going instrument was acknowledged before me by George F. Ehmke this
day of , 2009.
Witness my hand and official seal. �'' ' 'ez✓�
Notary 4 h
My Commission Expires: to
7
111111 11111 111111 liii 111111 111111 1III III 11111 tIll lilt
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"GRANTEE~
BP Wind Energy North America Inc.
By_f �, I=
Name: D.E. bruadfuut
Title: Attorney-in-Fact
STATE OF )
) ss:
COUNTY OF )
On , 20 tO. before me, l
E Broadtoot
Notary Public, personally appeared 0. the
Attorney-in-Fact of BP WIND ENERGY NORTH AMERICA INC., personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in
his authorized capacity, and that by his signature on the instrument the person or the entity
upon behalf of which the person acted, executed the instrument. ,,„.tou','«aw,.r,,,
1,p!
Witness my hand and official seal. ` p,,9
•
Notary Public '
•'1R 11;
My Commission Expires:
8
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Exhibit A
THE. PROPERTY
All that certain real property located in Weld County. State of Colorado,to wit:
The West half of Section Two (2), Township Ten (10)North,Range Sixty (60) West of
the 6th P.M., County of Weld, State of Colorado.
In the event of inaccuracies in the foregoing legal description,Grantee and Grantor shall modify
this Exhibit"A"to correct the inaccuracies.
9
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Exhibit B-1
SUBSTATION EASEMENT AREA
1,
f
Phase 11 Substation Description:
6b.. 1 or 1
Data 11/18/09
Section 2, Township h 10 North, Range
,„,,,,,
60 West of i 6th P.M, Subdivision
Weld County, Colorsdo Description
Westwood ...r:
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Exhibit B-2
TRANSMISSION EASEMENT AREA
•
•
•
•
I
• t
•
•
•
•
•
•
•
•
i
' .••
•
Easement Description:
5t OF I
Orr 11/12/09
reornompoy,m,not Section 2, Tnwrrhip 10 !north, Range
,� W„ 60 West of the 6th P.M., Easement
I Westwood
oreat Ilia fit,tt. Weld County, Colorado Description
WI:IYL t..«.,,.
Note This sketch is meant to depict the legal description of the transmission easement It does not represent a monumented land
survey
1I
•
DEPARTMENT OF PLANNING SERVICES
(J 1555 N 171h AVE
GREELEY, CO 80631
PHONE: (970)353-6100,(961070) 3540
FAXX-(970, 3Ext.
04xt. 498
C.
COLORADO
June 2, 2010
George Ehmke
c/o Cedar Creek LLC
Mark Wengierski
700 Louisiana St, 33rd Floor
Houston TX 77002
Subject: SE-1169 - A Subdivision Exemption located on a parcel of land described as Part W2 of
Section 2, T10N, R60W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your subdivision exemption application is being processed. If it is determined that the application meets
the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the subdivision
exemption is approved. If staff determines that the application does not meet the approval criteria or if
staff has concerns with the application, staff may elect to forward the application for review to the Board
of County Commissioners. You will be notified and asked to appear before the Board of County
Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The
Board of County Commissioners will then consider your application and make a final decision on the
subdivision exemption.
If you have any questions concerning this matter, please call me.
Sincerely,
Digitally signed by Kristine Ranslem
w? LReason:
on:155he 1thorvfthis document
Date'.2010 06.02 12:34:54-06'00'
Chris Gathman
Planner
(� tr,
WineAPPLICATION FLOW SHEET
COLORADO
APPLICANT: Ehmke CASE#: SE-1169
REQUEST: Subdivision Exemption for a Major Facility of a Public Utility
LEGAL: Part W2 2-10-60
LOCATION: East of and adjacent to CR 105 & approx. 3,000 feet south of CR 122
PARCEL ID #: 028902000001 ACRES: +/- 5 acres
Date By
Application Received 5/24/10
Application Completed 5/24/10
Referrals listed 5/27/10 CG
Vicinity map prepared /
File assembled /2A10 (,/n-,
Case logged in computer
Letter to applicant mailed
Referrals mailed ?_,
Field check by DPS staff
Administrative Review decision:
Board of County Commissioners hearing (if applicable) Date By
County Commissioners Hearing Date
Surrounding property owners notified
Presentation prepared
CC action:
CC resolution received aa 4
Plat recorded and filed /Q�'(/� ' f By
Overlay Districts
Zoning Agricultural
MUD Yes No_X_
IGA Yes No_X
Airport Yes No_X_
Geologic Yes No_X_
Flood Hazard Yes No_X___Panel#080266
SUBDIVISION EXEMPTION (SE) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
TYPE OF EXEMPTION REQUESTED(check one)
r Property line adjustment
F" Used with Recorded Exemption
Financing Purposes
IY Public Utility Facility
Parcel Number 0 2 8 9 - 0 2 .0 -0 0 0 0 1
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.cc weld co.us).
Legal Description W/2 , Section 2 ,Township 10 North, Range60 West
Has the property been divided from or had divided from it any other property since August 30, 1972? Yes_NoX
Is this parcel of land, under consideration,the total contiguous land owned by the applicant? Yes X No
FEE OWNER(S)OF THE PROPERTY:
Name: George Ehmke
Work Phone# Home Phone#(970)768-2557 Email Address
Address:53468 CR 384
City/State/Zip Code Grover,CO 80729
APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent)
Name: Cedar Creek II,LLC by:BP Wind Energy North America Inc.,it's sole member
Work Phone#713-354-4812 Home Phone# Email Address mark.wenglerskl@bp.com
Address:700 Louisiana St.,33rd Floor
City/State/Zip Code Houston,TX 77002
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. If a corporation is the fee owner, notarized evidence must be included showing the
signatory has to legal authority to sign for the corporation. I (we), the undersigned hereby request the Department of
Planning Services to review this Subdivision Exemption on the above described unincorporated area of W eld County.
r- .4---/2_0/z0!
Signature: Owner Authorized Agent Date Signature: Owner or Authorized Agent Date
-4-
CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
�SeLCa-1N E' Cs► OST �
The TITLE IWSURANCE ,,, ADSTf1AC COMPANY hereby certifies that it has
made a careful search of its records, and finds the following conveyances affecting the real estate described herein
since August 30, 1972, and the most recent deed recorded prior to August 30, 1972.
LEGAL DESCRIPTION: AJ-2. 02-I O4 - � to
wtJd col ly , co I0ONado
CONVEYANCES(if none appear, so state):
Reception No. 01414 o `T1 , Book
Reception No. a ) I i Book
Reception No. A otD— , Book
Reception No. / � � a Book
Reception No. , Book
Reception No. , Book
Reception No. , Book
Reception No. , Book
The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado.
This certificate is not t be cgristructd as an Ak}�tract of Title nor an opinion of Title, nor a guarantee Title and the
liability ofy5'Eetcat4 T. r R a.ttl* E'"OMPANY, is hereby limited to the fee paid for this Certificate.
In Witness Whereof:Sit-0144 1 .TI �
C- GuRrawi COMPANY has caused this certificate to be signed
by its proper officer this fkday of , 20 j±::)_,at s i0 �e -f // (•/ n
Company: S-I-eto0.1"f T:4-I -gaai l y `-& .
By:
u horized Signature
-6-
' I
al G2 _ izz _�
O a0m w.elwood Snore o a services, Inc. L. � 7"��: 2643.-01-
,� K
X /
Io``, S88°32'45"W �o 3 p1 a.D — Legal Description
a `'-NW c of the w 1� N. /4 car. bl see. 2, The West Half of Section 2,
°r sec. Z Top. ra —rv.tine or Are
age. so cawing wee 1• . 60 10 Tp. I 0.Rqe. 62.0J
0 Townshi tO North, Ran e 50
round
rook co-,nry paw Rd.. r z r/7 ^"""aa West of the 6th PM., County of
Weld. State of Colorado
i.eoY - - Ja0 <,, larderline of--.--Subpct In anene.Nus%re 2",
L Li ` gravel access\ l
. licmrse agreement MI thee i^ road \
O • u09code and mahfmmro of
Odd Camty R' t-Of-Nay,
0t4011o0 n°' MJ6Id1 GEORGE F. EHMKE
N I' , ALL BEARINGS ARE GRID BEARINGS OF
IN \\ Bargain & Sale Deed per Ca THE COLORADO STATE PLANE
N I \\ COORDINATE SYSTEM, NORTH ZONE,
Reception# 2940841 NORTH AMERICAN DATUM 1983.
�Canty ROW
alatsthyr Weld E Theo,me W. rig. NJ- THE BASIS OF GRID BEARING IS THE
-- _ Memorandum of Lease : °r s"' A 0Twp.0. m' C LINE BETWEEN NOS MONUMENTS "F414'
—N, me of age 6D N
I sx. 1, rap. Easement to Cedar Creek W:rd Nr� (A STAINLESS STEEL ROD ENCLOSED IN
I0 Roe.60 A 5 INCH PVC PIPE IMTH LOCO LID
i Energy LLC per Recep i.. T\
W I #3363528 N STAMPED "F414 1984') AND '2312" (A
0 0 STANDARD OISK SET IN CONCRETE
Id STAMPED "Z312 1952'). THAT BEARING
L-) Easement Agreeme: t ter BEING "S 66ai9' 04" E.'
i N. I Transmission Fociliti, tg BP >
Wind Energy North Ar7pJ1eri o, Inca_
O w rp car. or sea 2, rep. W. per Reception ,J6/7457 C7
O ORrbe. 60 Found 2-1/2'Maranon
PDN
Cl) ITT!peal_Rr commencement) tJ Legend
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in
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Access k 9 /9D w+a9s rz7 no amain
rood per /L // ONOWS,WS ecc MON mOmil
Dad No. U CELOlFS'noose 0660
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PUC le a- Rge 60 W
I - 'I'd O Certification
I I 1,Richard L.Haglund, registered g°bsslona fond
/ ccuries,n ma stem of Oawvdo,do Feeby
certifycertify(rot This sketch mode under my
pInersona.supervision, and that this Sketch is en
i ` GI_ accurate representation Manta
1 OG
c.>
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Q �� �b
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N Colo L. License/ Colorado L:awae Jeo,g
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;�? s i/inca..4r sec=o •1
ti
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O I fH u4ro 19441421 J \\ (P ; .eels e
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r-S rme of sec, ff/ county ROW O \ " -
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S87°49'37"W� 2650. 18 sheet 1 OF 2
Date 5/17/10
P9IK Cedar Creek II
�,� '�Anagram° 3 Subdivision
Eden PtWg99N 593N Wind Farm Project Excemption
PHONE 952937-61SO p
FAX 957.-937-6122Tat FREE '89.9'79159 _ (Before)
Westwood krwv. d9Lmm Weld County, Colorado
20097036.015KF02.dwg
• ill Print Form
SUBDIVISION EXEMPTION (SE) SUBMITTAL CHECKLIST
APPLICATION REQUlRE.MENTS:
The applicant shall submit the Subdivision Exemption application fee and the original plus two copies for a total of
three packets of the required application materials as follows!
One original application form plus two copies(page 4)
4.0" . One original plus two copies of a statement describing the purpose and benefits of the proposal
One legible copy of a deed or legal instrument identifying the applicants interest in the property.
f . ✓ One original plus one copy of the Weld County Road Access Information Sheet(page 7)
/
✓ One copy of the original Certificate of Conveyance(C O.C)form and all attachments provided by the title
company. (see page 6) The C O.C. must be dated within 30 days of the complete application submission
date.
✓ One legible 8-1/2 inch by 11 inch map drawn to include the following items plus two copies.
L?-- A separate plot plan which illustrates graphically how the parcel(s) exists BEFORE the County takes
action on the proposal.
' ,� A separate plot plan which illustrates graphically how the parcel(s) would exist AFTER County
approval.
L1 / The amount of acreage for each parcel shall be identified on the plot plan.
2. Boundary of the property
g' '' Boundaries of the proposed lot
✓ North arrow
R.. or'[ All existing roads or highways abutting the property
t_I✓ Easements and/or rights-of-way(if applicable)
V ✓ Existing structures including• dwellings, mobile homes, outbuildings, pens, irrigation ditches, oil and
gas well facilities
/
v One copy of a Statement of Taxes from the W eld County Treasurer showing no delinquent taxes exist for the
original parcel
7 ./ Application fee(page 1)
1v A' Investigation fee, if required(page 1)
/1/f Two copies of a letter from the water district, municipality, or a copy of a well permit(s) indicating existing
service or availability of water service to each proposed lot. If using a well. please complete the attached Water
A l Supply Information Summary.
Two copies of any existing septic system permit(s)on each lot or one copy of a letter from a sanitation sewer
dstrict indicating existing service or availability of sewage disposal to each proposed lot.
One of each original document shall be placed in one packet. One each of the application, map and statement shall
be collated into two complete application packets. A total of three packets shall be submitted. Packets shall be bound with
paper clips or binder clips only. Applications bound in any other fashion will be returned to the applicant without review.
Additional required information such as water, septic and road access form, shall be kept separate to be collated by Planning
Staff
Updated 0b-01-08
-1-
Chris Gathman
From: Chris Gathman
Sent: Thursday, May 27, 2010 9:21 AM
To: 'Miller, Rachel'
Subject: Subdivision Exemption processing fee amount
Rachel,
I was in the process of setting up the Subdivision Exemption applications for Cedar Creek II
and noticed a discrepancy in the amount you paid for the applications and the actual required
application fee. The Subdivision Exemption Fee for Public Utilities would be $400.00 plus the
$11.00 recording fee for a total of $411.00 per application. You provided a total of $591.00.
I will proceed to set up these applications - I will go ahead and destroy your checks (or
mail them back if you prefer) . Please send new checks in the corrected amount.
Let me know if you have any questions.
Sincerely,
Chris Gathman
Planner III
Weld County Department of Planning Services
1555 N. 17th Avenue, Greeley CO. 80631
Ph: (970)353-6100 ext. 3537
Fax: (970)304-6498
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Weld County Treasurer
Statement of Taxes Due
Account Number R0221486 Parcel 028902000001
Assessed To EHMKE GEORGE F
53468 CR 384
GROVER,CO 80729
Legal Description Situs Address
3387 W2 2 10 60(2L6R) WELD 000000000
Year Charges Billed Payments Balance
2009 Tax $152.41 $152.41 $0.00
Grand Total Due as of 05/21/2010 $0.00
Tax Billed at 2009 Rates for Tax Area 1200-1200
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 16.8040000' $52.59 AG-DRY FARM LAND $10,431 $3,020
SCHOOL DIST RE12 19.3080000 $60.44 AG-GRAZING LAND $387 $110
PAWNEE FIRE 3.0130000 $9.43 Total $10,818 $3,130
AIMS JUNIOR COLLEGE 6.3120000 $19.76
HIGH PLAINS LIBRARY 3.2550000 $10.19
Taxes Billed 2009 48.6920000 $152.41
Credit Levy
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE
LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES.
CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE
FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,REAL PROPERTY-AUGUST 1.
Weld County Treasurer
P.O.Box 458,Greeley CO 80632
1400 N 17th Ave,Greeley CO 80631
(970)353-3845 ext.3290
Account Balance
Sorted by area showing outstanding tax charges (does not show interest or other fees)
running over a subset of accounts
No Delinquent Accounts for the year 2009
<publicwebuser> @ Dec 15, 2010 7:26:41 AM Weld Page 1 of 1
I
�II 1i Referral List Sr_ i' /A
Name: r blvv c-- • •
75: Case#
County Towns&Cities Fire Districts
Attorney Ault Ault F-1
X Health Deoartment Berthoud Berthoud F-2(Will charae$1
Fxtension Office Briahton Briaasdale F-24
Emeroencv Management Office-Fd Herring Dacono Briohton F-3
Sheriffs Office Faton Faton F-4(Will charae$1
X Public Works Erie Fort Lupton F-5
Housing Authority Evans Galeton F-6
Airport Authority Firestone Hudson F-7
Buildina Inspection Fort Lupton Johnstown F-8
Code Compliance-Beth Ann Frederick I aSalle F-9
Garden City Mountain View F-10
Kim Gale(I andscaoe Plans) Gilcrest Milliken F-11
I in or Peaav(Addressina Chanae of 7one) Greeley Nunn F-12
Ambulance Services Grover Pawnee F-22
State Hudson Platteville F-13
Div of Water Resources Johnstown Platte Valley F-14
Geoloaical Survey Keenesbura Poudre Valley F-15
Department of Health Kersey Ravmer F-2
Department of Transportation I aSalle Southeast Weld F-16
Historical Society I ochbuie Union Colony F-26
Water Conservation Board I onamont Western Hills F-20
Oil&Gas Conservation Commission Mead Wiggins F-18
Division of Wildlife Milliken Windsor/Severance F-17
South Hwy 66(I oveland) New Raymer
North Hwv 66(Greeley) Northalenn I eaal
Division of Minerals/Geoloav Nunn Parcel ID#
Soil Conservation Districts Pierce Zone Acres'?
Bio Thompson Platteville USDA
Boulder Valley Severance Airport
Briohton Thornton Geo Haz
Centennial Windsor FP'? Panel#
Fort Collins Counties Road Impact Fee Area?
Greeley Adams (SW#1 #2 #3 Windsor 1
I onamont Boulder IGA? ORD#
Morgan Broomfield MUD'?
_Platte Valley
Southeast Weld Other
West Adams _Central Cob.Water Conservancy Dist
Federal Government Agencies Left Hand Water
US Army Corps of Enqrs School District RE-
USDA-APHIS Vet Service _Art Elmquist(MUD Area)
Federal Aviation Admin(Structures over _Ditch Company,
over 200 ft or w/in 20000 ft of Pub Airport Commissioner
Federal Communications Comm
I
JUN 42010
41; 4----N.;;H
It Weld County Referral
IIIC. June 2, 2010
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant George Ehmke Case Number SE-1169
Please Reply By June 27, 2010 Planner Chris Gathman
Project Subdivision Exemption for a Major Facility of a Public Utility
Legal Part W2 of Section 2, T10N, R60W of the 6th P.M., Weld County, Colorado.
Location East of and adjacent to CR 105 and approximately 3,000 feet south of CR 122. For
a more precise location, see legal.
Parcel Number 0289 02 000001
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
O We have reviewed the request and find no conflicts with our interests.
1 See attached letter.
Comments:
Signature 42ot4 4./--.... Date 6 - 25-10
Agency a bl is c c4e.rks
•SWeld County Planning Dept. •.1555 N 17'"Ave, Greeley, CO. 80631 ••x(970) 353-6100 ext.3540 :•(970)304-6498 fax
•
Weld County Planning Department
Kit
GREELEY OFFICE
MEMORANDUM
ITO: Chris Gathman, Planning Servicesgr u 4 , P II P C. FROM: Heidi Hansen, P.E., Public Works Department444.—
COLORADO SUBJECT: SE-1169, George Ehmke
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:
WCR 132 and WCR 135 are collector roads and require an 80-foot right-of-way at full build out. There is presently a 60-
foot right-of-way. These roads are 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.
REQUIREMENTS:
1. The applicant shall utilize the existing access from WCR 122.
2. The applicant shall provide on the plat, an access easement to the SE lot along the existing access road on the
Western property line. There is a nonexclusive license agreement (rec. no. 3438391) between the County and the
property owner for the upgrade and maintenance of WCR 105 Right-of-Way by the property owner. Any
maintenance agreement for the access road shall be between the property owner and the SE lot owner.
3. 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.
FLOOD HAZARD DEVELOPMENT STANDARDS:
This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency
(FEMA).
pc: SE-1169
Page I of M'\PLANNING—DEVELOPMENT REVIEW\SE-Subdivision Exemption\SE-1169.docx
• •
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Department of Public Works
111 H St PO Box 758 Greeley CO 80632
Phone: (970)356-4000 x3750 Fax: (970)304-6497
Road File#: Date: May 18, 2010
RE#: Cedar Creek I Tap Subdivision Exemption Other Case#: USR-1723
1. Applicant Name Cedar Creek II LLC Phone 7 - ;S Li -Z! 3k'
Address 700 Louisiana Street, 33rd Floor City Houston State TX Zip 77002
2. Address or Location of Access No ,9vfolef!
Section 2. Township /0/t Range ;L 0 Sid Subdivision Block Lot
Weld County Road#: I 0 S Side of Road Sa5'I' Distance from nearest intersection 3,vou 4t.
3. Is there an existing access(es)to the property? Yes No X #of Accesses
4. Proposed Use:
❑ Permanent ❑Residential/Agricultural ® Industrial
❑ Temporary ❑Subdivision ❑ Commercial ❑Other
5. Site Sketch
Legend for Access Description:
AG = Agricultural GR /Z2—
RES = Residential
O&G = Oil&Gas
D.R. = Ditch Road
= House N3,0" c4
O = Shed
/\ = Proposed Access
+ = Existing Access
O �.r
V
OFFICE USE ONLY:
Road ADT nate Accidents Date
Road ADT Date_ Accidents Date
Drainage Requirement Culvert Size I ength
Special Conditions
Installation Authorized ❑ Information Insufficient
Reviewed By: Title:
-7-
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_ __-= _ - -�—
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the 6CP.M.•as I County
`-NW et of the W 1/1 I N. 1/4 Cw. of ge 2,J of
I r Sec. - Try. W. 1 1-2.. IMe of Sec Twp. l0. Rqe 60 (,trnmerwinq at the west North
Corner of
Rya 60 Edstirq eM 2. T°P. 14 faun T-1/2”Aluminum > said Section 2; thence North 88 degrees 77
i • S Aluminum
County ROW Rqe. 60heel
e, /2 ObA minutes 52 seconds Ens! assumed bearing
Aluminum OBk / along the north line of Southwest Overton of
F"• said Section 2. a distance of 309.67 Ofeet:
S
weed - IL- J0.0 .4-'9, thence South Of degrees aP minutes t;
T \s s / seconds East. a distance of 1SJ9 feat thence
11 Cove!access
of e bearing of South, o distance of 26200
---,--Subject la a nonexclusive for `LI \ grovel access'\ feet to the actual paint of begtntg of the
license aco Event for the i road land to be denoted; thence continuing on e
Qupgrade d amk tenon a of bearing of South. a distorter of 20100 feet
I2/ Wald Cantu Right-Of-Wan thence on a bearing of East, a distance of
�f- AAOO� reawtioa 393/0.9?. GEORGE F. EHMKE , ?moos feet;
Aoer.a bearing
oa thence Santo
NI'Y or West, o distance of 920.00 feet; thence on
N \ Bar ain & Sole Deed er cD o bearer;of North 657.00 feet theme on o
P \ 9 tD bearing of East, o distort,of 250 feet to the
(O `•,\ Reception# 294084) point of be5nnng end there fermnothg
N I 8-Existing Weld £. l 01 tpe W. r/z Cif Containing 580 acres mare or less
Cooney ROW or R Rge. fiU ` . `Li ALL BEARINGS ARE GRID BEARINGS OF DIE
_�W /BA of Memorandum of Lease COLORADO STATE PLANE COORDINATE SYSTEM.
'� Sec. 2, Top. Easement to Cedar Creek W'dd t•rj NORTH ZONE.NORTH AMERICAN DATUM 1983.
)O,Rge.60 Energy LLC per Recep ie a N. DIE BASIS OF GRID BEARING IS THE UNE BETWEEN
#3363528 (�1 NGS MONUMENTS "1414" (A STAINLESS STEEL ROD
W `y ENCLOSED IN A 5 INCH PVC PIPE WITH LOGO LID
in STAMPED "5414 1984")AND "2312"(A STANDARD
O I2 Easement Agreeme- t f9r DISK SET IN CONCRETE STAMPED"Z312 1952").
In / THAT BEARING BEING"S 66°19' 04"E'
I Transmission Focilitics c?BP >
N I Wind Energy North Amen a, Ina'__
per Reception #3677451 D
O W ties Coy of Sec. 2, r. lq
O I Pg.
6O road 2-1/2"Aluminum PON
_r(paat ycanrn®rtame,e/ L�>^ Legend
Y 1 rev POWER POLE
POKER MEWLED'`i apt{ 0hd 0 �lorsrT NOV 6711169141 .
�� MOOR roust.Win UOAWENL
Ad peress KW fE9 PAWS eo,MARr
win per
Doe No. i`7 1,_ nn —..,a,—PLW9LI PROPOSED oKSITAO
LISSICW LINE
3363528 _ ,• —T
_�l_ . X^ z N. the al the S 1/2vf1
...---1 of Sec.$ Trp. 2
__Lair
TRUd T_ C Rge. 60 1-1-1
250.00 i" ---EA�°t. 0
I' Certification
�« 'i 170.00 /
:h
r I,Richard L. Hoglund a registered profess/cool land
evy n the sloes of colored°,do hereby
0 -I sidemen
that the eoetoo was mode under my
NORTH <` I O / 0 personal eepereeron, ale that this sketch m en
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IT le Amnon
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TM Peak*^O5- Subdivision WesE6e1;nstrald 556LL Wind Farm Project
PHONE 652-/ni,saFAX J" Excemption
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