HomeMy WebLinkAbout20090067.tiffRESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION
ZCV #0800224 AGAINST A AND W WATER SERVICE, INC., WRIGHT INVESTMENT
GROUP, INC., AND AAND W WATER SERVICE, INC. FOR VIOLATION OF THE WELD
COUNTY CODE
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, A and W Water Service, Inc., Wright Investment Group, Inc., and A and W
Water Service, Inc., ZCV #0800224, are allegedly in violation of the Weld County Code, and
WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has
not been corrected, and
WHEREAS, on the 13th day of January, 2009, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Chrysten Hinez, representative, was present at said hearing, and
WHEREAS, the Board deems it advisable to refer said violation back to the Department of
Planning Services, and
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that ZCV #0800224 be, and hereby is, referred back to the Department of
Planning Services to allow the property owner adequate time to work with staff on completing the
Flood Hazard Development Permit.
2009-0067
PL0824
O91O 2.310
VIOLATIONS - ZCV #0800224 - A AND W WATER SERVICE, INC., WRIGHT INVESTMENT
GROUP, INC., AND A AND W WATER SERVICE, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 13th day of January, A.D., 2009.
BOARD OF COUNTY COMMISSIONERS
WELD C TYY,dLORADO
ATTEST: Midem. -
Weld County Clerk to the Board
BY.
Deputy Cler
o the Board
APP
rney
Date of signature.
i
William F. Garcia, Chair
& 011
ou ademache , Pro-Tem
Se
P
P nv'iaY
a Kirkmeyer
C
David E. Long
2009-0067
PL0824
Virlation Summary Report
BASIC INFORMATION
Parcel #1
A & W WATER SERVICE INC
PO BOX 887
Parcel #2 & #3
WRIGHT INVESTMENT GROUP, INC.
PO BOX 73
A & W WATER SERVICE, INC.
11700 OLD KATY RD, SUITE 300
Compliance Officer:Bethany Salzman
Violation Number: ZCV08-00224
Situs Address: 0 WELD
Legal Description(s):
Parcel #1
Parcel Number: 146901400034-R1520502 Acreage: 4.90
Attn: GARY WRIGHT
FORT LUPTON, CO 80621
Attn: CHARLES RONALD WRIGHT
FORT LUPTON, CO 80621
Attn: REBECCA ELAINE ZAHN
HOUSTON, TX 77079
Parcel#2
Parcel Number: 146901400002-R4718907 Acreage: 7.79
PT NE4SE4 1-1-67 LOT A REC EXEMPT RE -2526 SITUS: WELD
PT NE4SE4 1 1 67 LOT B REC EXEMPT RE -4569
Parcel #3
Parcel Number: 146901400001-R4718807 Acreage: 5.81
Location:
PT NE4SE4 1 1 67 LOT A REC EXEMPT RE -4569
Location
North
South
East
West
Certified Mail Date: 11/26/2008
South of and adjacent to Hwy 52 and approximately 3/4
mile West of Hwy 85 **Within Floodplain
Agricultural Zoning
Agricultural Zoning
Agricultural Zoning
Agricultural Zoning
Received: 12/02/08, 12/03/08 and 12/04/08
Currently the property is in violation of:
Chapter 23, Article 11(2), Division 6 "Flood Hazard Development Permit"
Section 23-2-450 "Intent."
Section 23-2-460 "Applicability."
Section 23-2-470 "Duties of the Department of Planning Services."
Section 23-2-480 "Standards."
Section 23-2-490 "Application requirements."
Chapter 23, Article III, Div 1 "A (Agricultural) Zone District"
Section 23-3-20 "Uses allowed by right."
Section 23-3-30 "Accessory uses."
Section 23-3-40 "Uses by Special Review."
Section 23-3-40.A.2 "OIL AND GAS SUPPORT AND SERVICE."
Section 23-3-40.N "Expansion or extension of NONCONFORMING USES."
Chapter 23, Article V(5), Division 3 "Flood Hazard Overlay District."
Section 23-5-200 "Finding of fact."
Section 23-5-210
Section 23-5-220
Section 23-5-230
Section 23-5-240
Section 23-5-250
Section 23-5-260
"Purpose."
"Disclaimer of liability."
"Definition of Flood Hazard Overlay Districts."
"Interpretation and application."
"FW (Floodway) District."
"Uses permitted in the FP -1 and FP -2 (Floodprone) Districts."
2009-0067
Vi^iation Summary Report
REMEDY
As we have discussed, the operation of the Reverse Osmosis facility was allowed as a temporary
feature. In a letter dated October 3, 2008 from Chrysten Hinze it was indicated that the reverse
osmosis facility would be removed "not later than the first part of January 2009".
Furthermore, in Clay Kimmi's letter, dated September 29, 2008, the following items must be addressed
to come into floodplain compliance prior to December 1, 2008:
Y. A County flood hazard development permit (FHDP) application must be completed, submitted and
approved by the County. As part of the FHDP process, it must be shown that the relocated tank
battery(s) are not causing a rise in the water surface elevations on adjacent property owners.
2. The tank battery(s) must be moved out of the floodway.
3. The relocated tank battery(s) must be anchored.
4. The east -west oriented screening fence along the southern property boundary must be removed
from the floodway. The north -south oriented screening fence along the eastern property boundary will
be allowed to remain in this instance.
For questions regarding floodplain/floodway issues, please feel free to contact Clay Kimmi at
970-304-6496 X 3741.
RECOMMENDATION
The Department of Planning Services recommends this case be forwarded to the County Attorney's
Office for immediate legal action.
LETTER HISTORY
11/26/2008 Complaint Validated
11/26/2008 LTTR: Hearing Notification
OTHER CASE HISTORY
08/08/2008 Property Inspected Upon a visual inspection of the property, the following
items were noted: several oil & gas tanks, a lot of traffic,
a large apparent drilling rig and another area towards the
west with tanks (of unknown fluid) and numerous other
rectangle tanks. See pictures dated 08/08/08.
09/03/2008 Office Visit Pre -Application Meeting see notes in file.
09/22/2008 Office Visit Another Office Meeting held - see notes in file.
12/02/2008 Certified Mail Receipt Certified Receipt received - Signed (Gary Wright site)
12/03/2008 Certified Mail Receipt Certified Receipt received - Signed (Charles Wright site)
12/04/2008 Certified Mail Receipt Certified Receipt received - Signed (Rebecca Zahn site).
12/08/2008 Property Inspected Upon a visual inspection of the property, the following
items were noted: the drilling rig has been removed and
traffic seems to be a little less. No pictures were taken
during this inspection.
W1�Yc
COLORADO
November 26, 2008
A & W WATER SERVICE, INC.
ATTN: GARY WRIGHT
PO BOX 887
FORT LUPTON, CO 80621
WRIGHT INVESTMENT GROUP, INC.
ATTN: CHARLES RONALD WRIGHT
PO BOX 73
FORT LUPTON, CO 80621
A & W WATER SERVICE, INC.
ATTN: REBECCA ELAINE ZAHN
11700 OLD KATY RD, SUITE 300
HOUSTON, TX 77079
DEPARTMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
918 10TH Street
GREELEY, CO 80631
Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman(@,co.weld.co.us
PHONE: (970) 353-61O0, Ext. 3555
FAX: (970) 304-6498
Subject: ZCV08-00224 and NCU-366,
Lot A of RE -2526 also known as part of the NE4SE4 of Section 1, Ti N, R67W of the 6th
P.M., Weld County, Colorado
Lot B of RE -4569 also known as part of the NE4SE4 of Section 1, T1N, R67W of the 6th
P.M., Weld County, Colorado
Lot A of RE -4569 also known as part of the NE4SE4 of Section 1, Ti N, R67W of the 6th
P.M., Weld County, Colorado
Dear A & W Water and Wright Investment:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on January 13, 2009, at 10:00 a.m.,to consider the
violations occurring on the property. The above mentioned property remains in violation of the
following Section(s) of the Weld County Code:
Chapter 23, Article /1(2), Division 6 "Flood Hazard Development Permit"
Section 23-2-450 "Intent."
Section 23-2-460 "Applicability."
Section 23-2-470 "Duties of the Department of Planning Services."
Section 23-2-480 "Standards."
Section 23-2-490 "Application requirements."
Chapter 23, Article Ill, Div 1 "A (Agricultural) Zone District"
Section 23-3-20 "Uses allowed by right."
Section 23-3-30 "Accessory uses."
Section 23-3-40 "Uses by Special Review."
Section 23-3-40.A.2 "OIL AND GAS SUPPORT AND SERVICE."
Section 23-3-40.N
Chapter 23, Article
Section 23-5-200
Section 23-5-210
Section 23-5-220
Section 23-5-230
Section 23-5-240
Section 23-5-250
Section 23-5-260
"Expansion or extension of NONCONFORMING USES."
V(5), Division 3 "Flood Hazard Overlay District."
"Finding of fact."
"Purpose."
"Disclaimer of liability."
"Definition of Flood Hazard Overlay Districts."
"Interpretation and application."
"FW (Floodway) District."
"Uses permitted in the FP -1 and FP -2 (Floodprone) Districts."
To bring the property into compliance:
As we have discussed, the operation of the Reverse Osmosis facility was allowed as a
temporary feature. In a letter dated October 3, 2008 from Chrysten Hinze it was indicated
that the reverse osmosis facility would be removed "not later than the first part of January
2009".
Furthermore, in Clay Kimmi's letter, dated September 29, 2008, the following items must
be addressed to come into floodplain compliance prior to December 1, 2008:
1. A County flood hazard development permit (FHDP) application must be completed,
submitted and approved by the County. As part of the FHDP process, it must be
shown that the relocated tank battery(s) are not causing a rise in the water surface
elevations on adjacent property owners.
2. The tank battery(s) must be moved out of the floodway.
3. The relocated tank battery(s) must be anchored.
4. The east -west oriented screening fence along the southern property boundary must
be removed from the floodway. The north -south oriented screening fence along the
eastern property boundary will be allowed to remain in this instance.
For questions regarding floodplain/floodway issues, please feel free to contact Clay Kimmi
at 970-304-6496 X 3741.
This hearing will take place in our Hearing Room, located at 918 10th Street, Greeley, Colorado. It is
recommended that you or a representative be in attendance to answer any questions the Board of
County Commissioners might have about the violations.
Please also be advised that I will be taking video and/or pictures from the road or adjacent properties
the business day before or as soon as possible to the above mentioned Violation Hearing date.
The Department of Planning Services' staff will be recommending that the Board of County
Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our
records indicate that you were made aware of the nature of the violation including the action necessary
to correct the violation, and that you were given sufficient time to remedy this violation. If you have any
questions concerning this matter, please call me.
Sincerely,
ethany Salzman,
Zoning Compliance Officer II
pc: ZCV08-00224
Department of Planning Services
Clayton Kimmi, Public Works
ec: Chrysten Hinze via e-mail (chrys@Ilolaw.com)
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Sent To ` CIMIA(� 'c„.
Street, Apt. No.; ',.11-fhQL•aI - v-�"J.i.� �/
or PO Box No. ' tx. �.
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LIND, LAWRENCE & OTTENHOFF LLP
Attorneys and Counselors at Law
GEORGE H. O1'PENHOFF
KENNETH F. LIND
KIM R. LAWRENCE
P. ANDREW JONES
JAMES D. 'HUMERI'
CLINTON P. SWIFT
KELLY J. CUSTER
`Also admitted in Wyoming
+Also admitted in Wisconsin
355 EASTMAN PARK DRIVE, SUITE 200
WINDSOR, COLORADO 80550
TELEPHONE'. 970-674-9888
TEL EC O PI ER. 970-674-9535
chnis@llolawcorn
WWW.LLOLAW.COM
721 EAST LINCOLN WAY
CHEYENNE, WY 82001
TELEPHONE. 307-635-2480
October 2, 2008
Weld County Zoning Code Compliance
North Weld Building
918 10th Street
Greeley, CO 80631
ATTN: Bethany Salzman
RE: Wright Investment Group, Lots A and B of RE 4569
Weld County Parcels 146901400001 & 146901400002
Dear Ms. Salzman:
BRADLEY C. GRASMICK
DAVID P.. JONES
CHRYSTEN S. HINZE
Weld County Planning De ORE J. FINN
A .PETERSON+
GREELEY OFFIC
OCT 9 2000
RECEIVED
In follow-up to our meeting last week, this serves as written confirmation
concerning the status of certain uses presently engaged upon the above -referenced
parcels.
As to the temporary oil rig storage taking place on Lot B of RE 4569, Wright
Investment Group, Inc. is advised that, barring any unforeseen circumstance, the rigging
company has advised that they will be able to remove the rig from that parcel by the first
of November, 2008.
As to the reverse osmosis facility on Lot A of RE 4569, efforts are being made to
move the facility as quickly as possible, and we are advised the operator is presently
negotiating upon an alternate location for the operation. As of this date, barring any
unforeseen obstacles or hindrances, the reverse osmosis operator anticipates that it will
be able to have relocated the facility not later than the first part of January, 2009.
Please do not hesitate to contact me if there are additional questions or concerns
about this.
Sincerely,
LIND, LAWRENCE & OTTENHOFF, LLP
CC: Gary Wright
Kim Ogle
Chrysten S. Hinze
Legal Solutions for Colorado and -the West
Istit
WIiDc.
COLORADO
September 29, 2008
Lind, Lawrence, & Ottenhoff LLP
C/O Chrysten Hinze
355 Eastman Park Drive
Suite 200
Windsor, CO 80550
Weld County Planning Department
GREELEY OFFICE
SEP 29 7nn8
RECEIVED
Re: Floodplain Requirements for A&W Site on Highway 52
Dear Ms. Hinze,
PUBLIC WORKS DEPARTMENT
1111 H STREET, P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE: WWW.CO.WELD.CO.US
PHONE: (970) 356-4000, EXT. 3750
FAX: (970) 304-6497
After our meeting with Mr. Lind, yourself, and representatives with Weld County Government on September 22,
2008, Weld County Staff met with Weld County Attorney Bruce Barker regarding the question of the floodplain
requirements for the A&W property South of State Highway 52, near County Road 23. Present at the meeting were
Bethany Salzman, Chris Gathman, Bruce Barker, and myself.
We discussed Ken Lind's point that by approving the NCU for the property, Weld County had determined that A&W
was in compliance with floodplain regulations. Mr. Barker's opinion was that the approval of NCU 366 did not
determine compliance with floodplain regulations. Mr. Barker directed Staff to work with A&W to bring the site into
compliance with Weld County and FEMA floodplain regulations. Mr. Barker also directed Staff to work with A&W to
maintain the status of NCU 366. If necessary, Staff is willing to assist A&W on a boundary line adjustment that will
reconfigure Lot A but maintain its current acreage.
Given the determination by Mr. Barker, I would suggest that A&W's engineer should contact me regarding the
floodplain issues. The following items must be addressed to come into floodplain compliance:
1. A County flood hazard development permit (FHDP) application must be completed, submitted, and
approved by the County. As part of the FHDP process, it must be shown that the relocated tank battery is
not causing a rise in the water surface elevations on adjacent property owners.
2. The tank battery must be moved out of the floodway.
3. The relocated tank battery must be anchored.
4. The east -west oriented screening fence along the southern property boundary must be removed from the
floodway. The north -south oriented screening fence along the eastern property boundary will be allowed to
remain in this instance.
The above mentioned items must be completed by December 1, 2008. If you have any questions, please feel free
to contact me at 970-304-6496 x 3741.
Clay''Kimmi, P.E.
Weld County Public Works
Original:
PC by Post:
Chrys Hinze, Applicant's Attorney
A&W Water Services, Applicant
Kim Ogle, Planning Services
Bethany Salzman, Planning Services
Bruce Barker, County Attorney
Page 1 of 1 September 29. 2008
M. \ Clay WBW Water'Meet,ng Notes w Bruce 9-22-0B. doc
Page 1 of 1
Bethany Salzman
From: Dorianne Blunt [dorianne98@yahoo.com]
Sent: Wednesday, September 24, 2008 9:53 AM
To: Kim Ogle; Bethany Salzman
Subject: Update
Attachments: a and w 001.jpg; a and w 002.jpg
Hi Guys!
We just took these two pictures from our back door. It looks as if they are putting something on top of
the platform they already have... We are not sure though, and we can't quite make out what type of loud
noise is reverberating from the property. I have also noticed they have begun work by at least 6:30 in
the morning Monday thruough Saturday!! There are also so new smells that often waft acroos the
property. One smell kind of smells like paint, the others I cannot place .
Have a great day,
Dorianne
9/24/2008
fates
11`k
COLORADO
MEMORANDUM
TO: Case File; A&W Water
DATE: September 22, 2008
FROM: Kris Ranslem, Planning Technician
SUBJECT: A&W Water facility violations
Attendees:
Ken Lind, Attorney
Chris Heinz, Attorney
Lynn Leeburg
Clay Kimmi, Public Works
Kim Ogle, Planning
Tom Honn, Planning
Bethany Salzman, Zoning Compliance
On Monday, September 22, 2008 an informal discussion took place at the Greeley
Administrative Offices Conference Room regarding the violations against the A&W Water
facilities.
Background Information:
The attorney's indicated that they have begun completing the USR application for the facility
located near CR 38.5 and State Highway 60. It was noted that the Board of County
Commissioners granted this A&W Water facility an extension of 60 days from the violation
hearing to submit a completed USR application. The attorney's anticipate submitting the entire
application mid -November, which will meet that deadline.
The attorney's updated staff with regard to the violation issues at the facility near Highway 52
(Lot A RE -2526). They stated that they had researched the history of this property and gave a
brief explanation. In the early 1980s A&W Water obtained a lease agreement with the property
owner for their well operations. In 1999 the property owner had applied for and was granted a
Recorded Exemption for a portion of this property. The attorney's indicated that a letter of
approval was received in 2002 from Weld County granting approval of the Reverse Osmosis
plant. In 2003 a Non -Conforming Use (NCU) was granted for the tanks used in the well
operations.
The attorney's argue that approval was given to the facility for the Recorded Exemption as well
as the NCU while this area was located within the floodway.
Staff indicated that the letter giving approval for the Reverse Osmosis plant was on a temporary
basis of 1-3 years. Attorney's indicated that the Reverse Osmosis plant is currently in operation
6 years later; however it is scheduled to be removed. At the time of this meeting, they did not
know who operates the plant, nor the timeline for removal. However, they will submit that
answer to Zoning Compliance but expect that it is to be removed in the next 60-90 days.
The attorney's indicated that the oil derrick will be removed from the site by the end of October.
They also indicated that the rig is leaving as well as the camper trailer and the chemical in the
tanks. All operations will be exclusive to Lot A.
Staff expressed that they will research the property with regard to the NCU as that may have
been approved based on the activity/use of it rather than the location of it being in the floodway.
With regard to the Recorded Exemption, the location of the floodway/floodplain does not
influence the approval of the application. Staff stated that Bruce Barker, County Attorney, will
make a determination and will forward that to the attorney's for further review.
Staff commented that another option for the applicant to research would be to update the FEMA
map under the LOMAR process. Likewise the applicants may research moving the tanks out of
the floodway and into the flooplain. Staff explained that if they moved the tanks they would
need to be located parallel to the floodplain and anchored.
The meeting concluded with directing the determination from Bruce Barker to Chris Heinz. The
applicants will submit a letter to Zoning Compliance outlining a deadline for removing the
Reverse Osmosis plant.
End memorandum.
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ChT _ it 8 Ilo(aw. ca'cw.
Aug 15 08 08:30a Verlene T. Leeburg
303 III 8325 p.1
ass
FAX TRANSMISSION
LEEBURG & ASSOCIATES
LINN T. LEEBURG
707 Hawthorn Avenue
Boulder, CO 80304
303-442-2428
Cell: 303-947-0791
Fax: 303-444-8325
To: )C i rt't 47 1/7°
Fax #: 7 o— 3 "y-/ 998
From: Linn T. Leeburg
Subject: /3 r tot/ •
COMMENTS:
m
=n r eSieo^S•
of a—/- 08
Date: 83—,s O 8
Pages: a3 , including this cover sheet.
J`"O 1/B✓/ enO /r.0 �pN era
- /7.4, Sr' 6-16360 77;c -die -1/4.0 r Gti .1c a4 c.4_ �* H P Qq
?Le, �r•"'1
7x, w,-.9hf
_2I� &gal
Q r-° ho/ ur� /z‘c,
;444- yon
303-78-4279/
.y ."/ Gonirn71- 17-e/
Aug 15 08 08:30a Verlene T. Leeburg
303 1^48325
p.2
WELD COUNTY
�;Pnnf ForRi
,5tibrnli'try�ail: J
PRE -APPLICATION REVIEW REQUEST
The pre -application request is the preiiminary review of a land use proposal. Pre -application
reviews are required prior to beginning the application process; however, this review is not
an application.
• Pre -application reviews are held every Friday with the Weld County Departments of Public
Works and the Public Health and Environment The first, third, and fifth Friday pre -applicant
reviews are held in the Greeley office. The second and fourth are held in the Longmont office
or as scheduled. To be on the pre -submittal agenda, the request and required checklist items
must be received one week prior to the review dale.
•
The Property Information required below can be found on the Weld County Assessor website
at www.co.wetd.co.us. Please print a copy of the Assessor's page and submit It with your pre -
application review request
• Mail, fax or drop off the request and required checklist items to the address listed below.
•
Submitting your request in a timely manner is important to get your project scheduled for
review.
Contact Information:
Name: /� / e.- G�o
IN
Gvo• .SP.•✓i-ool�„G —
licJ �T f�
�a� "^ I)7
Phone: 303 —6sto7—.S'21 IFax: 34, -2 — an _o'ra
Email: G w: (+ f -a ,d. W w... •t<v -coin
Address: /3o./ ..
7 as, Fe- •itL�,4on a_ Sob 27
Project Description: it,. 6- ,4C7 o j Z-Go1Ai Is 2S ZG
Property Information:
Section -Township -
Range
y -G G - 37'_,y9 -o t
/per
Zoning
�¢/�4
1� /C
9
Parcel Number
-•131 rwoo
5 /9t f'frt3'/
Acreage
She Address
' /
/ SS/ S //&, 4o, /frog
&r source.
/
turf /s
Legal Descriptionzosti
Sewer
onr ! G
Owner Name Alf CA-) 44-4-5e..-.., -• ! ..t,.. -._..t,..-._
Is this property currently In violation? ❑Yes yNo Case Number
Weld County Department of Planning Services
Greeley Office -
918 10th Sheet, Greeley CO 80631
Phone: 970-353-6100 x3640
Fax: 970-304-6498
Longmont Office -
4290 County Road 24.5, Longmont CO 60504
Phone: 720-652-4210 x8730
Fax 720-652-4211
Aug 15 08 08:30a Verlene T. Leeburg
303 ill 8325 p.3
WELD COUNTY
PLEASE PROVIDE THE FOLLOWING ITEMS:
To view the Weld County Code, please go to www.co.weld.co.us,
FOR (SPR) SITE PLAN REVIEWS:
❑ Brief project narrative explaining request
❑ Conceptual site plan showing all structures, parking, nearby roads, and driveway arress
❑ Existing contours and proposed grades
❑ Conceptual drainage
❑ Conceptual building elevations
❑ Conceptual landscape plan
FOR (USR) USE BY SPECIAL REVIEWS:
❑ Brief project narrative explaining request
❑ Conceptual site plan showing all structures, parking, nearby roads, and driveway access
❑ Existing contours and proposed grades
❑ Conceptual drainage
❑ Conceptual landscape plan
FOR (PUD) PLANNED UNIT DEVELOPMENT I CHANGE OF ZONE (COZ):
❑DDDDDD❑
Brief project narrative explaining request
Exhibit showing desired changes to be made
Location map showing property, surrounding area and adjacent uses
Conceptual zoning map showing current and proposed zoning
Conceptual site plan showing all structures, parking, nearby roads, and driveway access
Existing contours and proposed grades
Conceptual drainage
Conceptual landscape plan
fpper 4-75 4;,- i--rs, k i'r„ SIP
keg- al -1263
Weld County Department of Planning Services
Greeley Office
918 10th Street, Greeley CO 80631
Phone: 970-353-6100 x3540
Fax: 970-304-6498
Longmont Office -
4290 County Road 24.5, Longmont CO 80504
Phone: 720-652-4210 x8730
Fax. 720-6524211
Aug 15 08 08:30a Verlene T. Leeburg
303-444-8325 p4
‘e*,
COLORADO
August 1,2008
Gary Wright
A&W Water Service, Inc.
Post Office Box 887
Fort Lupton, CO 80621
Subject Commercial Water Service Wells
Dear Mr. Wright:
DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
918 Tenth Street
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle(dco.weld.co.us
PHONE (970) 353-8100, EXT. 3549
FAX (970) 304-6498
The Department of Planning Services has received a complaint from a surrounding property owner
adjacent to your State Highway 60 and County Road 38.5 facility. As part of our due diligence, information
obtained from your web page indicates that several of the services that A & W Water Service provides
include "Primary services include oil field water hauling ... ' The Weld County Code defines this activity
as Oil and Gas Support and Service, which by definition includes:
OIL AND GAS SUPPORT AND SERVICE: Location and operation bases for businesses whose primary
activity includes the following kinds of USES:
a. Parking and maintenance of exploration, production orworkover equipment..
b. Equipment and storage yards for road and pipeline construction contractors, and production unit set-up and
maintenance contractors.
c. Parking and maintenance for tank and water service companies.
d. Storage and rental yards for pipe and production equipment.
e. Field OFFICES USED by production -related records and maintenance personnel.
f. Disposal and recycling sites for production waste (except production water disposed through either
SECONDARY RECOVERY or deep well disposal methods and the mode of transportto such injection was is
exclusively via pipeline from the source and no on -site storage occurs), except businesses whose activities
are primarily manufacturing and fabricating or whose use is primarily for general company OFFICES used by
other than company officials.
g. Oil and gas processing facilities and related equipment, including, but not limited to, compressors
associated with gas processing or which compress gas to enter a pipeline for transport to market.
Given the description of your business, it is the determination of the Department of Planning Services that
a Site Specific Development Plan and Special Use Permit are required for both of your facilities. To
facilitate this discussion, this office requests that a Pre -Application Meeting be scheduled with County
Aug 15 08 08:31a Verlene T, Leeburg
303 11'18325 p.5
staff, i.e., Building, Environmental Health, Public Works and the Planning Department. The application for
this meeting is included.
It is important to state that County staff is available to assist you with the permitting process, including
resoonses to questions and inquiries. Please contact this office with any questions or concerns. Thank
you.
Sincerely,
Kim O
Planning Services
enclosure
ec: A. Siron, Code Compliance
B. Salzman, Code Compliance
T. Honn, Planning
Property Research
PT NE4 31 4 66
SITUS: 18515 60 HWY
Parcel # 105731000015
Lot A, RE 2526; PT NE4SE4 1-1-67
SITUS: NO IMPROVEMENTS
Parcel # 146901400034
Aug 15 08 08:31a Verlene T. Leeburg
303 414 8325 p.6
Identify Results
Account*: R4473286
Owners Name & Address:
A & W WATER SERVICE INC
PO BOX 887
FORT WPTON, CO 80621
Business/Complex:
Parcel Valuation
Property Address -
Street: 18513 60 HWY
City: WELD
Legal Description.
Page 1 of 1
Parcel*: 105731000015
17224 PT NE4 314 66 S & EIND DETCH EXC UPRR CO as (2R3D) SITUS: 18515 60 HWY WELD 00000
Land Value $40,611
Imor. Value S4.75Z
Total Value $45,363
Total Taxer $542.86
Land Assessed Value
J nwr. Assessed Value
Total Assessed Value
$11,780
$1.270
$13,0SO
Amount Due: $0.00
Tax Area:
Bordering County;
Township Range Section Ouart. Sec. Subdlvison Name Block# Lott
04-66-31-0
Land Subtotal:
Acres:92
Sale Price Sale Date
$1,125,000 2/16/2005
Deed Type
wo
Reception #
3261796
http://maps2-merrick.comNVebsiteNVeld/setSgl.asp?cmd=QUERY&D ET=Parcel... 07/28/2008
Aug 15 08 08:31a Verlene T. Leeburg
303 8325 p.7
Identify Results Page 1 of 3
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R1520502
Parcel#: 146901400034
Tax Area: 3055 Bordering County:
Acres: 5
Township Rance Section Ouart. Sec. Subdivison Name Block# lot*
01-67-01-4
Owners Name & Address:
A & W WATER SERVICE INC
PO BOX 887
FORT LUPTON, CO 80621
Property Address:
Street: WELD
City: WELD
Business/Complex: A & W WATER
Sale Date
3/25/2004
Sale Price
$100,000
Sales Summary
Deed Tvoe
WD
Reception #
3165350
Legal Description
PT NE45E4 1-1-67 LOT A REC EXEMPT RE -2526 SITUS: WELD
Land Type
Commercial
Land Subtotal:
Abst Code
2130
Land Valuation Summary
Unlit of Number of
Measure Units
AGMs 5
5
Actual Value
$105,000
Assessed
Value
$30,450
Dulldlnus Valuation Summary
Bldg# Property Type
1 Out Building
3 Commercial
4 Commercial
Improvements Subtotal:
Actual Value
Assessed
Value
$3,250 $940
Total Property Value
$108,250 $31,390
Building Details
Account*: R1520502 Parcel#: 146901400034
Owners Name a Address:
A & W WATER SERVICE INC
PO BOX 887
FORT LUPTON, CO 80621
Building*
1
Property Address:
Street: WELD
City: WELD
property Type
Out Building
Individual Built As Detail
http://maps2.merrick.comlWebsiteNVeld/setSq l.asp?cmd=QUERY&DET=PP&pi... 07128!2008
Aug 15 08 08:31a Veriene T. Leeburg
303 I'll 8325 p.8
Identify Results Page 2 of 3
Built As:
Exterior:
interior Finish:
* of Baths:
# of Bdnns:
* of Stories:
Rooms:
Garage:
Attached SQ Ft:
Basement.
Total SQ Ft:
Comm Shed - Utility
0
0
0
0
Year Built
HVAC:
Built As SQ Ft:
Roof Type:
Roof Coven.
1940
None
280
Gable
Units: 0
Detached SQ Ft
Finished SQ R:
Account#: R1520502 Parcel#: 146901400034
Owners Name & Addrns•
A & W WATER SERVICE INC
PO BOX 887
FORT LUPTON, CO 80621
Building*
3
Built As:
Exterior:
Interior Finish:
*of Satin:
# of Bdrms:
# of Stories:
Rooms:
Garage:
Attached SQ Ft:
Basement:
Total SQ Pt:,
Property Address:
Street: WELD
City: WELC
Property TYot
Commercial
Individual Built As Detail
Comm Shed - Utility Year Built
l4VAC:
0
0
1
0
Built As SQ Pt:
Roof Type:
Roof Cover:
2004
None
140
Gable
Units: 0
Detached SQ Ft
Finished SQ Ft:
Account#: R1520502 Parcel#: 146901400034
Owners Name & Address.
A & W WATER SERVICE INC
PO BOX 887
FORT LUPTON, CD 90621
Building*
4
Built As:
Exterior:
interior Finish:
# of Baths:
if of Bdrms:
It of Stories:
Rooms:
Garage:
Attached SQ Ft:
Basement:
Total SQ Pt:
Property Address'
Street: WELD
City: WELD
Property Tyne
Commercial
Individual Built As Detail
Comm Shed - Utility
0
0
1
0
Year Built:
HVAC:
Built As SQ Ft
Roof Type:
Roof Coven.
Units:
Detached SQ Ft:
Finished SQ Ft:
2004
None
900
Shed
0
http://rnaps2. merrick.com/WebsiteNdeld/setSgl.asp?cmd=QUERY&DET=PP&pi... 07/2812008
WIIDC
COLORADO
August 1, 2008
Gary Wright
A&W Water Service, Inc.
Post Office Box 887
Fort Lupton, CO 80621
Subject: Commercial Water Service Wells
Dear Mr. Wright:
DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
918 Tenth Street
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE (970) 353-6100, EXT. 3549
FAX (970) 304-6498
The Department of Planning Services has received a complaint from a surrounding property owner
adjacent to your State Highway 60 and County Road 38.5 facility. Additionally staff is receiving complaints
from neighbors adjacent to the SH 52 facility, west of Fort Lutpon. As part of our due diligence,
information obtained from your web page indicates that several of the services that A & W Water Service
provides include "Primary services include oil field water hauling ...." The Weld County Code defines
this activity as Oil and Gas Support and Service, which by definition includes:
OIL AND GAS SUPPORT AND SERVICE: Location and operation bases for businesses whose primary
activity includes the following kinds of USES:
a. Parking and maintenance of exploration, production or workover equipment..
b. Equipment and storage yards for road and pipeline construction contractors, and production unit set-up and
maintenance contractors.
c. Parking and maintenance for tank and water service companies.
d. Storage and rental yards for pipe and production equipment.
e. Field OFFICES USED by production -related records and maintenance personnel.
f. Disposal and recycling sites for production waste (except production water disposed through either
SECONDARY RECOVERY or deep well disposal methods and the mode of transport to such injection wells is
exclusively via pipeline from the source and no on -site storage occurs), except businesses whose activities
are primarily manufacturing and fabricating or whose use is primarily for general company OFFICES used by
other than company officials.
g. Oil and gas processing facilities and related equipment, including, but not limited to, compressors
associated with gas processing or which compress gas to enter a pipeline for transport to market.
Given the description of your business, it is the determination of the Department of Planning Services that
a Site Specific Development Plan and Special Use Permit are required for both of your facilities. To
facilitate this discussion, this office requests that a Pre -Application Meeting be scheduled with County
staff, i.e., Building, Environmental Health, Public Works and the Planning Department. The application for
this meeting is included.
This office further requests confirmation of this letter on or before Tuesday August 19, 2008. Failure to
respond to this letter will result with the initiation of a land use violation and scheduling of a violation
hearing before the Board of County Commissioners. It is important to state for the record that given the
lack of response from Mr Wright of A&W Water Service, Inc., this letter has been forwarded to your
attention.
It is also important to state that County staff is available to assist you with the permitting process, including
responses to questions and inquiries. Please contact this office with any questions or concerns. Thank
you.
Sincerely,
Kim Ogl
Planning Services
enclosure
ec: A. Siron, Code Compliance
B. Salzman, Code Compliance
T. Honn, Planning
Property Research
PT NE4 31 4 66
Situs: 18515 60 HWY
Parcel # 105731000015
Lot A, RE 2526; PT NE4SE4 1-1-67
Improvements: 2 Commercial, 1 Outbuilding
Situs: None
Parcel # 146901400034
DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
918 Tenth Street
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE (970) 353-6100, EXT. 3549
FAX (970) 304-6498
August 1, 2008
Gary Wright
A&W Water Service, Inc.
Post Office Box 887
Fort Lupton, CO 80621
Subject: Commercial Water Service Wells
Dear Mr. Wright:
The Department of Planning Services has received a complaint from a surrounding property owner
adjacent to your State Highway 60 and County Road 38.5 facility. Additionally staff is receiving complaints
from neighbors adjacent to the SH 52 facility, west of Fort Lutpon. As part of our due diligence,
information obtained from your web page indicates that several of the services that A & W Water Service
provides include "Primary services include oil field water hauling ...." The Weld County Code defines
this activity as Oil and Gas Support and Service, which by definition includes:
OIL AND GAS SUPPORT AND SERVICE: Location and operation bases for businesses whose primary
activity includes the following kinds of USES:
a. Parking and maintenance of exploration, production or workover equipment..
b. Equipment and storage yards for road and pipeline construction contractors, and production unit set-up and
maintenance contractors.
c. Parking and maintenance for tank and water service companies.
d. Storage and rental yards for pipe and production equipment.
e. Field OFFICES USED by production -related records and maintenance personnel.
f. Disposal and recycling sites for production waste (except production water disposed through either
SECONDARY RECOVERY or deep well disposal methods and the mode of transport to such injection wells is
exclusively via pipeline from the source and no on -site storage occurs), except businesses whose activities
are primarily manufacturing and fabricating or whose use is primarily for general company OFFICES used by
other than company officials.
g. Oil and gas processing facilities and related equipment, including, but not limited to, compressors
associated with gas processing or which compress gas to enter a pipeline for transport to market.
Given the description of your business, it is the determination of the Department of Planning Services that
a Site Specific Development Plan and Special Use Permit are required for both of your facilities. To
facilitate this discussion, this office requests that a Pre -Application Meeting be scheduled with County
staff, i.e., Building, Environmental Health, Public Works and the Planning Department. The application for
this meeting is included.
This office further requests confirmation of this letter on or before Tuesday August 19, 2008. Failure to
respond to this letter will result with the initiation of a land use violation and scheduling of a violation
hearing before the Board of County Commissioners. It is important to state for the record that given the
lack of response from Mr Wright of A&W Water Service, Inc., this letter has been forwarded to your
attention.
It is also important to state that County staff is available to assist you with the permitting process, including
responses to questions and inquiries. Please contact this office with any questions or concerns. Thank
you.
Sincerely,
I
Kim f7gle
Planning Services
enclosure
ec: A. Siron, Code Compliance
B. Salzman, Code Compliance
T. Hann, Planning
Property Research
PT NE4 31 4 66
Situs: 18515 60 HWY
Parcel # 105731000015
Lot A, RE 2526; PT NE4SE4 1-1-67
Improvements: 2 Commercial, 1 Outbuilding
Situs: None
Parcel # 146901400034
Complete Production Services
Rockies Division
3770 Puritan Way, Unit J
Frederick, CO 80615
Complete Production Services
11700 Katy Freeway, Suite 300
Houston, TX 77079
A&W Water Service, Inc. - A m-mplete Energy Services Company
Page 1 of 2
w
A Complete Energy Servic
HOME WATER HAULING FRAC TANKS DRILLING RIGS PIPE YARD SER\
A&W Water Service was started in 1954 by
Charles Wright who worked the DJ Basin in
Eastern Colorado and Nebraska for 50 years.
Gary Wright currently manages and oversees
A&W's daily operations continuing his father's
commitment of providing superb service and
customer satisfaction.
A&W Water has exceeded in developing reputable
long lasting relationships with many customers
through experienced personnel quality equipment
and providing competitive pricing. With these
attributes come the assurance of continued
relationships with our customers and security for
our employees.
Primary services include oil field water hauling,
frac tank rental, pipe trailer rental and flatbed
hauling. A&W Water Service has its own
industrial water well and operates a pipe storage
yard for customer convenience. We also supply
KCL/Potash and Biocide for our customers.
A&W is the hub for the CPS Service Center for
the Rockies Division in the DJ Basin. A&W Water
Service's fabrication facility installs water tanks
and vacuum tanks on customer's vehicles and
provides other custom fabrication work as
needed.
Equipment includes 30 tractors, 56 water
tankers, 16 bobtail water trucks, 11 winch trucks,
over 300 frac tanks, 80 flatbed trailers and 3
http://www.awwaterservice.com/
8/19/2008
A&W Water Service, Inc. - A c-mplete Energy Services Company Page 2 of 2
forklifts for pipe handling. Rental equipment
includes 10 - 2000 gallon water trucks.
For more information please contact us at
303-659-6523
303-857-1638
Or email us at:
info@awwaterservice.com
http://www.awwaterservice.com/
8/19/2008
A&W Water Service, Inc. - A "-,mplete Energy Services Company
Page 1 of 1
A Complete Energy Servic
HOME WATER HAULING FRAC TANKS DRILLING RIGS PIPE YARD SER\
Developed in April 2006, with the goal of
providing better maintenance, less downtime,
and lower operating costs. It started by merging
two maintenance facilities, A&W Water Service
and LEED Energy.
We began with twelve employees, and have
grown to seventeen. We currently have two
facilities; with a combined square footage of
15,000 sf. for maintenance, and 2400 sf. for
warehouse. We maintain over 500 pieces of
equipment, from small water pumps to large
completion rigs. We also manufacture nw mud
tanks, mud pumps, water pump systems, and
vac trucks. We currently stock over 3000 items.
We offer over 170 years combined experience for
mechanics, 61 years welding, and 67 years
warehouse.
http://www.awwaterservice.com/servicecenter.html 8/19/2008
Identify Results Page 1 of 3
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R1520502
Tax Area: 3055 Bordering County:
Acres: 5
Township Range Section Quart. Sec.
01 -67-01 -4
Owners Name & Address:
A & W WATER SERVICE INC
PO BOX 887
FORT LUPTON, CO 80621
Business/Complex: A & W WATER
Sale Date
3/25/2004
Sale Price
$100,000
Sales Summary
Deed Type
WD
Legal Description
Parcel#: 146901400034
Subdivison Name Block# Lot#
Property Address:
Street: WELD
City: WELD
Reception #
3165350
PT NE4SE4 1-1-67 LOT A REC EXEMPT RE -2526 SITUS: WELD
Land Type
Commercial
Land Subtotal:
Abst Code
2130
Bldg# Property Type
1
3
4
Out Building
Commercial
Commercial
Improvements Subtotal:
Total Property Value
Land Valuation Summary
Unit of Number of
Measure Units
Acres 5
5
Buildings Valuation Summary
Building Details
Actual Value
$105,000
Actual Value
Assessed
Value
$30,450
Assessed
Value
$3,250 $940
$108,250 $31,390
Account#: R1520502 Parcel#: 146901400034
Owners Name & Address:
A & W WATER SERVICE INC
PO BOX 887
FORT LUPTON, CO 80621
Building#
1
Property Address:
Street: WELD
City: WELD
Property Type
Out Building
Individual Built As Detail
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=14690... 8/19/2008
Identify Results Page 2 of 3
Built As:
Exterior:
Interior Finish:
# of Baths:
# of Bdrms:
# of Stories:
Rooms:
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
Comm Shed - Utility
0
0
0
0
Year Built:
HVAC:
Built As SQ Ft:
Roof Type:
Roof Cover:
Units:
Detached SQ Ft:
Finished SQ Ft:
1940
None
280
Gable
0
Account#: R1520502 Parcel#: 146901400034
Owners Name & Address:
A & W WATER SERVICE INC
PO BOX 887
FORT LUPTON, CO 80621
Building#
3
Built As:
Exterior:
Interior Finish:
# of Baths:
# of Bdrms:
# of Stories:
Rooms:
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
Property Address:
Street: WELD
City: WELD
Property Type
Commercial •
Individual Built As Detail
Comm Shed - Utility Year Built:
HVAC:
0
0
0
Built As SQ Ft:
Roof Type:
Roof Cover:
2004
None
140
Gable
Units: 0
Detached SQ Ft:
Finished SQ Ft:
Account#: R1520502 Parcel#: 146901400034
Owners Name & Address:
A & W WATER SERVICE INC
PO BOX 887
FORT LUPTON, CO 80621
Building#
4
Built As:
Exterior:
Interior Finish:
# of Baths:
# of Bdrms:
# of Stories:
Rooms:
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
Property Address:
Street: WELD
City: WELD
Property Type
Commercial
Individual Built As Detail
Comm Shed - Utility
0
0
1
0
Year Built:
HVAC:
Built As SQ Ft:
Roof Type:
Roof Cover:
Units:
Detached SQ Ft:
Finished SQ Ft:
2004
None
900
Shed
0
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Identify Results
Page 1 of 1
Account#: R4718907
Tax Area: 2228
Acres: 7.83
Township Range Section Quart. Sec.
01 -67-01 -4
Owners Name & Address:
WRIGHT INVESTMENT GROUP INC
P O BOX 73
FT LUPTON, CO 80621
Business/Complex:
Sale Date
5/8/2007
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Property Address:
Street:
City:
Sale Price
$0
Sales Summary
Deed Type
QCN
Legal Description
Parcel#: 146901400002
Reception #
3475174
PT NE4SE4 1 1 67 LOT B REC EXEMPT RE -4569
Land Type
Agricultural
Agricultural
Agricultural
Land Subtotal:
Land Valuation Summary
Abst Code Unit of Number of
Measure Units
4147 Acres 5.8
4167 Acres 2
4167 Acres 0.03
Actual Value
Assessed
Value
7.83 $149 $40
No Buildings on Parcel
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Identify Results Page I of 1
Account#: R4718807
Tax Area: 2228
Acres: 5.8
Township Range Section Quart. Sec.
01 67 01 4
Owners Name & Address:
WRIGHT INVESTMENT GROUP INC
P O BOX 73
FT LUPTON, CO 80621
Business/Complex:
Sale Date
5/8/2007
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Parcel#: 146901400001
Bordering County: j
Subdivison Name Block# Lot#
_ _ et5H
Property Address:
Street:
City:
Sales Summary
Sale Price Deed Type
$0 QCN
Legal Description
Reception #
3475175
PT NE4SE4 1 1 67 LOT A REC EXEMPT RE -4569
Land Type
Ag ricu ltu ra l
Agricultural
Land Subtotal:
Abst Code
4147
4167
Land Valuation Summary
Unit of Number of
Measure Units
Acres 5.51
Acres 0.29
Actual Value
Assessed
Value
5.8 $133 $40
No Buildings on Parcel
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(t\
WIWDc.
COLORADO
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
918 1 Ow Street, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
tlid ZONING CODE COMPLAINT ❑ Staff/Name: % Citizen ❑ other
❑ HEALTH DEPARTMENT Citizen's Name (If knoµn):
❑ WELD COUNTY SHERIFF'S OFFICE / ANIMAL CONTROL Phone Number (If known):
❑ BUILDING CODE COMPLAINT
❑ PUBLIC WORKS / PEST & WEEDS
Date Complaint was received:
Pending Case # (i.e. USR, RE, SE, ect...):
T 11.3 ce_to lu)
Legal Description: 1-0 Ric P.k. �121_01 ik+E'-i t4 cc
Parcel #:VA 'CA- Lk- l..A.°'
Violation Address:
tit
Property Owners Name: �i uthAley Si11k lfl , ThG Phone:
Awn. "Y'A
Property Owners Address:PO
+x
. k..p nn, CO Ceioll
ttichoisica.i Cfc3iLsz i5 M
•Tenant's Name:
Phone: WP 17€ilrt'v
V(3)4c kicker), to T:4-2 I
Tenant's Address:
NATURE OF COMPLAINT:
Additional Notes: Nrr4rfni r 4'YLslu:l SO -4(
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Qtt 4 -1-151'l5
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To box .13
•ci W-pttn, CG co1;Z1
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1 -Or, LG ico5
Recorded el :k ___. M, on
Reception No.
Rook _
1910
Recorder
350
I wmai bwpio
c Q.clittragty`Deed -Q-7)
THIS DEED ,s a conveyance of the reel properly demribed below, including any Improvements end other appurtenances (the
-properly' I from rile lndrvlduallS). rorporetion(s) p Mlnership(s), m other ennlyp es)n medbelow es GRAN TOn lolheindividu ails)
or enhly(res) named below as GRANTEE.
T lie GRANTOR hereby sells and conveys The properly In the GRANTEE and the GRANT OR warrants the Idle to the properly.
eucepl In. (II 11i, 1,en 01 INC general properly tames la, the yell of This deed when the GRANTEE will pay 12) any easements and
rights -ol-way shown of record (3) any patent reservations end eecephons (dl any outstanding mineral interests shown of record (51
any prolealve COY ens nla and rerollione Chown al tenor d, and 161 any additional matters shown below under -Addllmnal Warranty
E ,ceplion,
The Specific Terms of This Deed Are:
Grantor: (Glue ''melt, and pl.repl of renitence. rl Ice Spouse of me own'• ;memo' Is pining I, this neea,o relate homfM1ad•eh,y idenl,ly
0 o e as sb. d and wile)
Wright Investment. Group, Inc., A Colo. Corp.
P.O. Box 73
Fort Lupton, CO 80621
Granter 1Gi.e eameul and add, eate)) batsmen) of add..,. m<wd•ne avnlsele road or'heel number la required I
A 8 W Water Service, Inc., A. Colo. Corp.
P.O. Box 887
Fort Lupton, CO 80621
Form of Co -Ownership: in the1 more cowrie. erredm1.a
they will be considered . es tenenl, m unrolls mm n
mon unrolls words
loml rl.n ncy- or words or me same meaning Ire added In the coot. below I
Properly Deeerlpllon: (Include roomy and elate I
Lot A of recorded Exemption No. 1469-01-4-RE2526, recorded October
21, 1999 as Reception No. 2728138, being a part of the NE 1/4 of the
SE 1/4 of Section 1, Township 1 North, Range 67 West of the 6th P.M.,
County of Weld, State of Colorado.
And including two existing water wells and all related well equipment.
I IIIII )iii! IIIII 111111 1(1111111 1111111 111 111111'111111
3166360 03/29/2004 11:29A Weld County, CO
1 of 1 R 6.00 0 10.00 Steve Moreno Clerk 8 Recorder
Properly Address: vacant 1 and
Conslderallon: ( the slue meal o, adlew. m, om,nnal edpu• deed will be preanmaS ..Ins thncnn,ey.ncea
$100, 000. 00M ., , gnl .n . v <neum„ ro, ev. <e i, emowie one, end "nrrmm,honal
Reservallons-Rulrienon.. I hthe (mewl 005! InC. no r''e•l, any ,meresl,n aneel. ne•Ie Of 10 unwry lessmen he owns writhe GRANTOR
n iesh,cl,ne the GnArutE s npn1 m he mope,ty make epp•onwle ind.<ahon 1
Grantor to retain all mineral interests, including but not limited to
oil, gas, and other hydrocarbons.
Addlllonal W arranly Eseepllonr, (Include deem or trust wino snowed and tithe, elarlos nth corned above I
Except those easements and restrictions of record as of this date.
E•erored by he Grano, on March 25 2004
IC
Clenel).e Clause for Co,pere,len. Perinarrhlp or A,aoch...on:
Wright Investment Group, Inc., A Colo. Corp.
vN CI 01.0101 co• "1,0,, Psdrerahip 01 Asse"11on
ay .W�/h sJi h/ (%/�
Donald G. Wrig ice iB nt
ay
Aries!
StnIE Or COLORADO
COU ..Weld
1 ,Ikmlrt='.f0
Wi i NESS my hundltnd
air ,digit"
�� eapS.-
�7A4Y4LINo to
{MTV OF es:4
aA� C�frg;
s
em en &c.neeydged belare me ems25th day of March
slenehn. Clwee for lnehldu.11 rf.
Cr amor
Wright,pp��Vice President, Wright Investment Grou
XaCIMMISSIUN EXPIRES 08-22-2007
1
'S
n aanow caged parole m< Inn
Me ary
n
G•anlor
.4 ,2004
A//Colo. Corp.
h.-eOO7
day of .
p name,edrdd,el Clamor(., or d (henlor a empuruim Penn.nh,p no Auocnllm Man Wanda, signors as pre.rd.m or vic.p,e. denand sec ,,,,, v or
of e'nlael ,ace. r.ry er 1,0100 snub, a. norther).) of purineun,p. or u.utherald membanll of leave Wien I
WITNESS my h.nd end )Hirt.) seal
Illy commission ..pl,n.•
Motel Posit
• )eel UPDArf I COAL tone]
Po eon al 5. (•sneer. colo,a,Iesmite
Gun 35F „no
Mn. Set
1111111 1111111 Ill 1111111 III HIRE IIII
3475174 05/11/2007 10:19A Weld County, CO
1 of 1 R 6.00 0 0.00 Steve Moreno Clerk IS Recorder
QUIT CLAIM DEED
THIS DEED, Made this B 1II day of m4Y ,2(177
between
Wright Investment Group, Inc.
whose address is P. O. Box 73
Foil Lupton, Colorado 8062
of the County of Weld and State of Colorado
genial -is), and
Wright Investment Group, Inc.
whose legaladdress is P, O. Box 73, Fort Lupton, CO 80621
of the County of Weld and State otColor ado, grantee(s):
W ITNESSETH, That the grantor(s), for and in consideration of the sum of TEN AND NO/ 100 DOLLARS
(510.00), the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, and QUIT CLAIMED,
and by these presents does remise, release, sell, and QUIT CLAIM unto the grantee(s), his heirs, stcassors and assigns,
forever, all the right, title, interest claim and demand which die grantor(s) hiss in and to the real property, together with
improvements, if any, situate, lying and being in the County o f Weld, State of Colorado, described as follows:
Lot B, Recorded Exemption No. 1469-01-4 RE -4569 being a part of the SE 1/4
of Section 1, Township 1 North, Range 67 West of the 6" P.M., Weld County,
Colorado, Reception No. 3473121, recorded May 2, 2007
also known by street and number as: N/A
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges %hereunto
belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever, of the grantor(s),
either in law or equity, to the only proper use, benefit and behoof of the granters), his heirs aid assigns forever.
The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all
genders.
IN WITNESS WHEREOF, the grantors) has executed this deed on the date set forth above.
Wright Investment Group, Inc.
By: T Y.etj,e VP
Donald Wright, V' e President
STATE OF COLORADO
COUNTY OF
ss
Donald
foregoing i r Wrightwas acknowledged before me this day of . 2007 by
G. Wigh
My Commission expires: "7_ft_ OC l
Witness my hand and official seal.
175 1111111111E � i l l l l I I I 111111111111111111 I I 111111 I I I I I I I I
3475175 05/11/2007 10:19A Weld County, CO
1 of 1 R 6.00 0 0.00 Steve Moreno Clerk & Recorder
QUIT CLAIM DEED
THIS DEED, Made this 5 HI day of his, a y , 2007,
between
Wright Investment Group, Inc.
whose address is P. O. Box 73
Fort Lupton. Colorado 80621
•
of (he County of Weld and State of Colorado
grantor(s), and
Wright Investment Group, Inc.
whose legal address is P. 0. Box 73, Fort Lupton, CO 80621
of the County of Weld and State of Col or ado,graniee(s)}
WITNESSETH, That the grantor(s), for and in consideration of the sum of TEN AND NO/ 100 DOLLARS
(.810.00) , the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, and QUIT CLAIMED,
and by these presents does remise, release, sell, and QUIT CLAIM unto the grantees), his heirs, svexvssors and assigns,
forever, all the right, title, interest, claim and demand which the grantor(s) has in and to the real property, together with
improvements, if any, situate, lying and being in the County of Weld, Slate of Colorado. described as follows:
Lot A, Recorded Exemption No. 1469-01-4 RE -4569 being a part of the SE 1/4
of Section 1, Township 1 North, Range 67 West of the 6' P.M., Weld County,
Colorado, Reception No. 3473121, recorded May 2, 2007
also known by street and numberas. 11902 Highway 52, Fort Lupton, CO 80621
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto
belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever, of the grantor(s),
tither in law or equity, to the only proper Inc, benefit and hehoof of the grantee(s), his heirs and assigns forever.
The singular number shall include the plumb, the plural the singular, and the use of any gender shall be applicable to all
genders.
IN WITNESS WHEREOF, the grantor(s) has executed this deed on the date set forth above.
Wrigh[/�I� nvees/�tmmeenn tit, Group, Inc. 7 Q By: Do Id G. Wright, ce President
STATE OF COLORADO
COUNTY OF I,
The foregoing instrument was acknowledged before me this day ofLen 1 . 2007 by
Donald G. Wright
My Commission expires. 1 _ q_ ' C( '7 Witness my hand and official seal.
LIND, LAWRENCE & OTTENHOFF LLP
Attorneys and Counselors at Law
GEORGE H. OTrENHOFP
KENNETH F. LIND
KIM R. LAWRENCE
P. ANDREW JONES
JAMES D. BRAMER•
CLINTON P. swim:
KELLYJ. CUSTER
"Also admitted in Wyoming
+Also admitted in Wisconsin
355 EASTMAN PARK DRIVE, SUITE 200
WINDSOR, COLORADO 80550
TELEPHONE: 970-874-9888
TELECOPIER: 970-674.9635
chrysallolaw.can
NNON.LLOLAW,COM
721 EAST LINCOLN WAY
CHEYENNE, WY 82001
TELEPHONE: 307-835-2480
January 8, 2009
Clay Kimmi, P.E.
WELD COUNTY PUBLIC WORKS DEPARTMENT
1111 H Street, P.O. Box 758
Greeley, CO 80632
Bethany Salzman, Zoning Compliance Officer II
Kim Ogle, Planning Mgr.
DEPARTMENT OF PLANNING SERVICES
918 Tenth Street
Greeley, CO 80631
Re: Floodway and Floodplain issues, MW Water Service, Highway 52
(ZV08-00224 and NCU 366): Status Report
BRADLEY C. GRASMICK
DAVID P. JONES
CHRYSTEN S. HINZE
MEGAN R. PETERSON+
Pursuant to the December 15, 2008 meeting with County Planning and Public
Works, the following is a status report concerning the above -referenced matter.
Lot A of RE 4569 owned by Wright Investment Group, Inc.
Removal of Reverse Osmosis Facility. An alternate site was located by the operator and
removal from the site was completed by the end of December, 2008.
II. Lot A of RE 2526, owned by A&W Water Services, Inc. ("A&W")
1. Removal south fence was completed in November, 2008.
2. Floodway Fringe Analysis:
A&W has retained Lidstone and Associates, Inc. (LA) to assist In the completion of the
Flood Hazard Development Permit. LA is advising A&W concerning the technical
solution required to ensure compliance with the County's floodplain regulations. Based
on the meeting with Weld County Public Works on December 15, 2008, LA has
determined the technical action meeting the County's preferred solution to include the
following:
• LA will use the best available data to determine the location of the FEMA regulatory
floodway boundary. Based upon the review to date, it is LA's understanding that
there is currently no accurate definition of the FEMA floodway in true ground
coordinates. LA is, accordingly, in the process of utilizing the regulatory FEMA maps
and other available data to scale the floodway boundary relative to A&W's parcel.
Depending on the location of the floodway boundary, a setback variance may be
necessary to fit the tanks within the flood fringe.
• If feasible, the tanks will be relocated to the flood fringe and flood -proofed according
to Weld County regulations, either by utilizing fill or structural flood -proofing. The
wellhead will remain within the floodway.
• Utilizing the new site plan, LA will complete hydraulic modeling to determine the rise,
if any, in the water surface elevations caused by relocating the improvements to the
flood fringe portion of A&W's parcel. Rise will be mitigated on site as possible to
ensure there are no impacts to adjacent properties. If there Is an unavoidable rise on
the upstream property, MW will receive concurrence from the affected landowner.
Accordingly, in furtherance of evaluating threshold issue of the floodway fringe
designation and determining feasibility of relocating the water tanks, to has commenced
with compiling base -mapping, collecting and reviewing the existing data required to
determine the floodway boundary, and is presently preparing to update the existing
condition hydraulic model so that, should relocation prove feasible, the proposed
relocation can be evaluated to determine what rise, if any, will result in the water surface
elevation. LA anticipates being able to report to Weld County Public Works in mid-
February.conceming the feasibility of relocating the tanks to the flood fringe
Sincerely,
Ljl1D, LAWRENCE & OTTENHOFF, LLP
e
CFirysteh S. Hinze
CC: Lidstone & Associates, Inc.
A&W Water Services, Inc.
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