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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 1111111111111111111111111111 IllIlIllUIllI 11111 1111 01 3671451 01/21/2010 01:26P Weld County, CO 2 of 11 R 56.00 D 0.00 Steve Moreno Clerk& Recorder 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 2 • 1 IIILI 11111 1111111111 111111 111111 I1 I III 1111111111111 3671451 01/2112010 01:26P Weld County, CO 3 of 11 R 56.00 D 0.00 Steve Moreno Clerk& Recorder 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 S I 11111 11111 111111 1111 111111 IlIJIl 111!1111 VIII Ifll11lI 3671451 01/21/2010 01:26P Weld County, CO 4 of 11 R 56.00 0 0.00 Steve Moreno Clerk& Recorder 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 • • - 111111111111111111 liii 11111111111111111 III 111111111101 3671451 01/21/2010 01:26P Weld County, CO 5 01 11 R 56.00 0 0.00 Steve Moreno Clerk& Recorder 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 I 11811111111111111111111111111111111111111111111151 liii 3671451 01/21/2010 01:26P Weld County, CO 6 of 11 R 56.00 D 0.00 Steve Moreno Clerk& Recorder 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 • • • 111111 lIII 111111 liii 111111111111 1III IIl IIII 1111111I 3671451 01/21/2010 01:26P Weld County, CO 7 of 11 R 56.00 D 0.00 Steve Moreno Clerk& Recorder 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 3671451 01/21/2010 01:26P Weld County, CO 8 of 11 R 56.00 D 0.00 Steve Moreno Clerk& Recorder "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 • • 1111111111111111111111111111111111 IIII III 1111111111111 3671451 01/21/2010 01:26P Weld County, CO 9 of 11 R 56.00 D 0.00 Steve Moreno Clerk& Recorder 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 11111111111 hull 11111111111111111111 111111 tit 3671451 01/21/2010 01:26P Weld County, CO 10 of 11 R 56.00 O 0.00 Steve Moreno Clerk& Recorder 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: 10 • 1 11!111 IIII 111111 III 111111 IIII 11111111 II1II III 1111 3671451 01/2112010 01•26P Weld County, CO 11 of 11 R 56.00 D 0.00 Steve Moreno Clerk& Recorder 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 eg in L '\ /� - -.0. POWER MMEw Access k 9 /9D w+a9s rz7 no amain rood per /L // ONOWS,WS ecc MON mOmil Dad No. U CELOlFS'noose 0660 3363528 1,1 _ /A i1'. - tins —+w—lR C U,INC �£a40 I \ _ a- --_ N ho S I of Sec.2,, W. Try. /0. 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.> •(.f Q d O D 5/U/T(IO Q �� �b Cl ,_.. i • N Colo L. License/ Colorado L:awae Jeo,g I in - 111--,30.0 Cell CPA.......... ;�? s i/inca..4r sec=o •1 ti oY� L51 Fldntlz•aammamc k 1e7 N d oG i cable line r s z4z �4 O cb� Q eaasement f 0 I \ KW \ 3•e. 5117�� 1 O I fH u4ro 19441421 J \\ (P ; .eels e Z I i J/ �£xisfing WeIB 1�♦ \\\ �(drill LAND-,,r. r-S rme of sec, ff/ county ROW O \ " - f 2. reµ ,0. r I \ JO - f Rye.60 / i 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 1 • • | I ) e .4,, :, ,; CO \ % ( / e » j / , \ / Ni"' "ii - ° ~ \ | | \ , e ! , ! \ *0 \ : § t Z z, ti yk | \\\ •-t- °� _)( n 4.1. ! •% \\\ / 0 | • • • • 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- „ , _• ,_ • o9G,G Westwood Prof �,.(al Services. Inc. i.. l,. • — — -- Legal Desorption _ __-= _ - -�— • _�, 588°32'45"W 1 , 2643.01 that pod of the West Noll Seam.2. rownzhp A, I� I I - 30.0 to North Range of SO West 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 657.00 \\ I�' f 'SF e Q?' d ca aavrar,,�n.,,nrot'an thraal N I, R �� V) 0 - 5/17/20 0 I i� ` N 421 00`\ c)- ET `EXBDP EXEMPTION' Rick lorado a wa Na. 36019 in EXEMPTION O 5.00 AC N oel• ' ' d 0. 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