HomeMy WebLinkAbout20083176.tiff RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION
ZCV#0800125 AGAINST TURNPIKE LIMITED LIABILITY,CO,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,Turnpike Limited Liability, CO, ZCV#0800125, 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 9th day of December,2008,a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS,Turnpike Limited Liability, CO,was not present or represented at said hearing,
although all parties were notified of said hearing by Department of Planning Services staff, and
WHEREAS, the Board deems it advisable to refer said case back to the Department of
Planning Services, due to a Use by Special Review application being submitted.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that ZCV #0800125 be, and hereby is, referred back to the Department of
Planning Services.
2008-3176
PL0824
(%( ; /� //6c l / ;)/c6
VIOLATIONS - ZCV#0800125 - TURNPIKE LIMITED LIABILITY, CO
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 9th day of December, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
_�D //,���1 WELD COUNTY, COLORADO
ATTEST:�G�^ / /�"v '� ' I h f. am J k
�� 4.7 1, William H. Jerke, Chair
Weld County Clerk to th-`': ,? i .�
bC?' �.r XCUSED
. Robert asdeennn,, Pro-Tern
BY:
�� ! � • rat? �� >/,� "'1
Deputy Clerk to the Bo' ( ' N \ 1 k
Willi arcia((
APP M: Q o
avid E. Long
unty Attorney
Douglas demacher
Date of signature: 1-2/aa�o�
2008-3176
PL0824
V 'ation Summary Repr r
BASIC INFORMATION
TURNPIKE LIMITED LIABILITY CO 3964 HWY 79 KEENESBURG, CO 80643
Tenant:
Compliance Officer: Bethany Salzman
Violation Number: ZCV08-00125
Situs Address: 4626 CR 65
Legal: PT NW4 9-1-63 LOT B REC EXEMPT RE-1514 (3.45R3D)
Location: Location East of and adjacent to CR 65 and South of and adjacent
to Hwy 52
North Agriculturally zoned properties
South Agriculturally zoned properties
East Agriculturally zoned properties
West Agriculturally zoned properties
Parcel Number: 147709000080-R0132694 Acreage: 151.92
Certified Mail Date: 09/30/2008
Currently the property is in violation of:
Chapter 23, Article 111(3), Division 1 A (Agricultural)Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-40 Uses by special review
23-3-40.B Agricultural Service establishments primarily engaged in performing
agricultural, animal husbandry or horticultural services on a fee or contract basis,
including:
23-3-40.B.9 Seed production, processing, storage, mixing, blending and sales.
23-3-40.V USES similar to the USES listed above as Uses by Special Review as long as
the USE complies with the general intent of the A(Agricultural)Zone District.
REMEDY
My records indicate a Use by Special Review (USR) application was submitted on August 25, 2008.
Michelle Martin, is the Planner that was assigned to process your USR application. She sent a letter
(dated September 10, 2008) advising that several items were missing from your application and the
application needed to be picked up. On the same day she also called and left a voice mail advising the
same. To date the application has not been picked up from the Southwest Weld Service Center, 4209
CR 24.5. For questions, Michelle can be reached at 720-652-420, Ext. 8748.
Since we have not received a complete USR application, the above Violation Hearing was scheduled.
Please keep in mind, if the application is corrected and re-submitted complete, the above referrenced
Violation Hearing will be cancelled.
RECOMMENDATION
The Department of Planning Services recommends this case be forwarded to the County Attorney's
Office for immediate legal action.
LETTER HISTORY
05/20/2008 Complaint Validated
05/20/2008 LTTR: 5 Day Letter
07/28/2008 LTTR: Violation Notice
09/30/2008 LTTR: Hearing Notification 2008-3176
OTHER CASE HISTORY
05/27/2008 Phone Call Corey Huwa (970-381-4042) called. At first he stated he
V' lation Summary Rep' t
was unsure why they would have received a violation
notice. I explained that the operation of Arnold's Custom
Seeding required a Use by Special Review permit. He
asked what that process entailed. I explained that it is a
2 public hearing process. I also explained that it was the
same application that a farm equipment sales yard would
go through (as an example). I read him the actual
section of the code (23-3-40.6.9). "Seed production,
processing, storage, mixing, blending and sales." He
said the only one that would apply would be the storage.
He said they store some seed on site and then they
eventually plant it and if they were in violation for that
than numerous farmers would also be in violation. I
asked if they planted it all on-site or on their family
owned farms? He said well no, we eventually plant it for
our customers. I explained that he also fell into sales
then. He said well in a round about way maybe. I
advised him to schedule a Pre-Application meeting with
Kim Ogle. I told him that I would e-mail him the link to
the Pre-Application information. (which i did) I then
asked about the Boyd Arnold site (ZCV08-00124). He
stated that he doesn't have any control over that site. He
said they were simply renting that property. I stated that
one of their names was listed as part of the business
through the states web site. He said we'll yes, in
association with Arnold's Custom Seeding. He stated
that when they relocate to this new site, they will be
taking the business with them. I asked for someone just
to get me that in writing so I could close the violation on
the other property. He said he will try to wrap his head
around this.
06/06/2008 Office Visit Please see pre-application minutes.
10/03/2008 Certified Mail Receipt Certified Receipt received -signed.
Page 1 of 1
Bethany Salzman
From: Todd Hodges [toddhodges@gwestoffce.net]
Sent: Wednesday, November 05, 2008 3:49 PM
To: Bethany Salzman
Cc: chuwa@acsseeding.com
Subject: Huwa USR
Bethany:
It was great to talk with you this afternoon.
As I indicated, I have been retained by Corey Huwa to assist in their USR application submittal to Weld County for
review.
I will be going through the existing documents and working with the surveyor in the next couple of weeks to assist
Corey in the gathering of additional requested information and submittal of the full packet for review.
We hope to have a submittal in by the end of the month but due to the items necessary for submittal, my existing
schedule and the holiday I may need additional time beyond the December 9th BCC violation hearing.
It will be a pleasure working with you to move this project forward into the Public Hearing process.
Have a great day!
Todd A. Hodges, ASLA, Principal
Todd Hodges Design, LLC
970-613-8556
fax 970-613-8775
11/7/2008
fte-17.-0
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX: 970-304-6498
E-Mail: bsalzman@co.weld.co.us
COLORADO
September 30, 2008
TURNPIKE LIMITED LIABILITY CO
3964 HWY 79
KEENESBURG, CO 80643
Case: ZCV08-00125
Legal Description:
PT NW4 9-1-63 LOT B REC EXEMPT RE-1514 (3.45R3D)
Dear TURNPIKE LIMITED LIABILITY CO:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on:
12/09/2008 10:00 AM
The above mentioned property remains in violation of the following Section(s) of the Weld County
Code:
Chapter 23, Article 111(3), Division 1 A(Agricultural) Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-40 Uses by special review
23-3-40.B Agricultural Service establishments primarily engaged in performing agricultural,
animal husbandry or horticultural services on a fee or contract basis, including:
23-3-40.B.9 Seed production, processing, storage, mixing, blending and sales.
23-3-40.V USES similar to the USES listed above as Uses by Special Review as long as
the USE complies with the general intent of the A(Agricultural) Zone District.
To bring your property into compliance with the Weld County Code:
My records indicate a Use by Special Review (USR) application was submitted on August 25,
2008. Michelle Martin, is the Planner that was assigned to process your USR application.
She sent a letter(dated September 10, 2008) advising that several items were missing from
your application and the application needed to be picked up. On the same day she also called
and left a voice mail advising the same. To date the application has not been picked up from
the Southwest Weld Service Center, 4209 CR 24.5. For questions, Michelle can be reached a
720-652-420, Ext. 8748.
Since we have not received a complete USR application, the above Violation Hearing was
scheduled. Please keep in mind, if the application is corrected and re-submitted complete, the
above referrenced Violation Hearing will be cancelled.
Page 1 of 2
.0(at\
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX: 970-304-6498
E-Mail: bsalzman@co.weld.co.us
COLORADO .
This hearing will take place in the County Commissioners Hearing Room, first floor, Weld County
Centennial Center, 915 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,
> U
ry
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Bethany Salzm W 0 o
Zoning Compliance Officer II ° E o g c
pc: ZCV08-00125 • E "
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Page 2 of 2
Bethany Salzman
From: Corey Huwa [chuwa@acsseeding.com]
Sent: Wednesday, August 06, 2008 1:34 PM
To: Bethany Salzman
Subject: Turnpike case#ZCV08-00125
Bethany,
I got your letter on our zoning violation. We are waiting for a few more documents to
come in from the title company. We should have everything turned in next week.
Thanks,
Corey Huwa
-- Signed:
Corey Huwa
Turnpike Limited Liability Co
3964 Hwy 79
Keenesburg, CO 80643
303-732-4021 phone
303-732-0510 fax
970-381-4042 cell
•
( t t ;
�c WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer I I
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX: ilbsalzOm a 4498
E Ma n@coweld.co.us
COLORADO
July 28, 2008
TURNPIKE LIMITED LIABILITY CO
3964 HWY 79
KEENESBURG, CO 80643
Case: ZCV08-00125
Legal Description: PT NW4 9-1-63 LOT B REC EXEMPT RE-1514 (3.45R3D)
Dear: TURNPIKE LIMITED LIABILITY CO :
The uses on the above described property are being considered as a zoning code violation of
Sections of the Weld County Code. Currently your property is in violation of the following Section(s)
of the Weld County Code:
Chapter 23, Article 111(3), Division 1 A(Agricultural)Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-40 Uses by special review
23-3-40.B Agricultural Service establishments primarily engaged in performing agricultural,
animal husbandry or horticultural services on a fee or contract basis, including:
23-3-40.B.9 Seed production, processing, storage, mixing, blending and sales.
23-3-40.V USES similar to the USES listed above as Uses by Special Review as long as the
USE complies with the general intent of the A(Agricultural) Zone District.
To bring your property into compliance with the Weld County Code:
Please be advised it was determined in June that you would be proceeding with submittal of
a Use by Special Review(USR) permit for the commercial business occurring on the above
mentioned property. This letter is being sent as a follow-up to ensure continious forward
motion with the submittal process.
If you have any questions that you would like to discuss with a Planner, an appointment
must be scheduled with Kim Ogle, Planning Manager at 970-353-6100 Ext. 3540. To better
serve you please bring this letter with you.
Page 1 of 2
rs ft Z.::;%\:: \,
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer 11
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX:970-304-6498
E-Mailtsalzman@co.weld.couus
COLORADO
It is the intention of this office to assist and cooperate with you without imposing undue hardships;
however, we have no discretion in this matter if you fail to correct this violation. You have until
09/29/2008, to correct this zoning violation. Failure to do so will result in this office schedu ling the
violation before the Board of County Commissioners to consider whether to refer the violation to the
County Attorney's Office for legal action.
Any information you have that may help to resolve this matter will be useful. Should you have any
questions regarding this letter, or if you need any further information, please feel free to contact me
at the above address, telephone number or e-mail address. If you wish to see me personally,
please call to schedule an appointment so that I may reserve a sufficient amount of time with you.
Sincerely,
Bethany Salzma
Zoning Compliance Officer II
pc: ZCV08-00125
Page 2 of 2
i6l MEMORANDUM
yule TO:
Jun 6,0e51;2008 Case File, pre-application DCOLORADO
FROM: Kris Ranslem, Planning Technician
SUBJECT: Pre-Application Meeting to determine the requirement of a
land use application (USR)
Attendees:
Corey Huwa, Land Owner
Brent Huwa, Land Owner
Don Carroll, Public Works
Tom Honn, Planning Director
Kim Ogle, Planning Manager
Bethany Sazman, Zoning Compliance Officer
Roger Vigil, Building Official
On Friday, June 6, 2008 an informal discussion took place at the Greeley Administrative Offices
Conference Room regarding the potential non-compliance of a custom-seeding business and
determining if a USR application is required. (The legal description is Part of the NW4 Section
9, Township 1 North, Range 63 West of the 6in P.M.,; Situs Address is 4626 CR 65)
Background Information:
Huwa's have purchased the site to centralize their custom seeding business in which they had
been leasing from Arnold's Custom Seeding near Keenesburg. The scope of their business
consists of owning or renting/share-renting approximately 7,000 acres in which customers
purchase the seed and contract the Huwas to plant the seed and on occasion custom harvest
the crop. No product is sold at retail or wholesale value.
The property currently has two large buildings — Equipment Storage Building and an
Office/Warehouse Building. The Equipment Storage building (13,500 s.f.)will house an
estimated 12 (with a potential of up to 20) tractors, 4 semi-tractors, 2 grain trucks as well as
planting equipment (drills, planters, discs, harrows, etc.). This building will also be used for
maintenance of the farm equipment.
The Office/Warehouse building, approximately 8,000 s.f., is currently under a remodel building
permit for the office area. The Warehouse will contain the bagged/bulk seed. Two employees
will be working out of the office. A total of 20-30 employees are projected for this operation.
The office will have a full-kitchen as well as 2 separate restoom areas. The leach field is not
installed, however the site is approved for a septic system.
There may be some outside storage of equipment as well as alfalfa and straw used for
mulching. There are also plans to install diesel tanks for use. Ogle indicated that staff would not
require any screening for the outside storage as it is Ag in nature.
The surface of the site will be covered with crushed concrete.
Huwas inquired about fees associated with a USR application. Ogle stated that a USR
application is $2500.00. A question arose with regard to the Road Impact Fee. After some
discussion, it was concluded that Corey would contact Ogle with numbers of the square footage
for the office area to determine the Road Impact Fee.
Honn asked the Huwas to submit a brief description breaking down how their farming operation
functions and how much of their seed business is commercial related. After receiving the
description, staff will evaluate it and then determine if a USR application is required.
Public Works
Carroll commented that the applicant would be required to submit a Site Plan identifying the
access point, employee and equipment parking, any outside storage area, etc. Corey indicated
that the entrances to the property would not be gated.
Access will be from County Road 65, which is paved. Carroll recommended installing a paved
apron to eliminate any mud passing onto County Road 65.
After some discussion, it was pointed out that the property may be in a floodplain and a Flood
Hazard Development Permit would be required if applicable.
The applicant indicated that a Geotechnical Report is available from when they constructed the
buildings.
End memorandum.
flisst WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
C. Phone: 970-353-6100 X 3555 FAX: 0-304-6498
E-Mail: allzman@co.weld.co.us
COLORADO
May 20, 2008
TURNPIKE LIMITED LIABILITY CO
3964 HWY 79
KEENESBURG, CO 80643
Case: ZCV08-00125
Legal Description: PT NW4 9-1-63 LOT B REC EXEMPT RE-1514 (3.45R3D)
Dear TURNPIKE LIMITED LIABILITY CO:
It has come to the attention of the Department of Planning Services staff that the uses on your property may
not be in compliance with the Weld County Code, Chapter 23. The potential noncompliance(s) with the
Weld County Code are as follow:
the production, processing, storage, mixing, blending or sales of seeds requires a Use by
Special Review through the Weld County Code. Upon review of records from the State of
Colorado, "Arnold's Custom Seeding, Llc"was noted. If you have any questions that you
would like to discuss with a Planner, an appointment must be scheduled with Kirn Ogle,
Planning Manager at 970-353-6100 Ext. 3540. To better serve you please bring this letter
with you.
Please contact me within five working days of the date of this letter to review these concerns with me. Feel
free to contact me at the above address, telephone number or e-mail address. If you wish to see me
personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with
you.
Sincerely,
Bethany Salzm n
Zoning Compliance Officer II
pc: ZCV08-00125
Page 1 of 1
Bethany Salzman
From: Frank Piacentino
Sent: Tuesday, May 20, 2008 2:35 PM
To: Bethany Salzman
Subject: RE: Turnpike Lle
Bethany,
This is why we had Corey do a letter of intent. The does appear do be a Corporation and
not a family Ag Business. Dennis and I both knew these would catch up with some time. A
violation asking for a USR is probably in line.
Frank
Original Message
From: Bethany Salzman
Sent: Tuesday, May 20, 2008 2:22 PM
To: Frank Piacentino; Dennis Renley
Cc: Kim Ogle
Subject: Turnpike Llc
Okay - I was told you 2 (two) were "in the know" regarding this property.
I received a complaint earlier today about a "custom seeding operation" that moved from
one property (28667 CR 20) to a new location (4626 CR 65) . The operation is called
"Arnold' s Custom Seeding" . When I looked up to see if there were any new permits for the
new location I found 3 of them (BCR08-00057, BCR0S-00209 and BCR08-00356) which mentions a
letter of intent. I had Maureen fax the letter to me. It only talks about a "family
farming operation" . Kim called Corey Huwa (the author of the letter of intent) who said
Frank and Dennis are very familiar with our operation - so I was told to speak with you
guys.
If the "family farming operation" produces, processes, stores, mixes, blends or sells
seeds it requires a Use by Special Review; however, if all of the above is only for
personal use, it would be a use by right. "Arnold's Custom Seeding" is listed with the
Colorado state treasury office as a (limited liability corporation) and as such leads me
to believe it is a business) . What do you know?
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
(970) 353-6100 Ext. 3555 (office)
(970) 304-6498 (fax)
bsalzman@co.weld.Co.us
1
Identify Results Page 1 of 1
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R0132694 Parcel#: 147709000080
Tax Area: 2449 Bordering County:
Acres: 147.11
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
01 - 63 - 09 - 0
Owners Name &Address: Property Address: j ��
TURNPIKE LIMITED LIABILITY CO Street:
3964 HWY 79 City: '
KEENESBURG, CO 80643 / w���
Business/Complex. " 1 ,��"` _...
Sales Summary V
Sale Date Sale Price Deed Type Rece ' n #
3/14/2007 $90,060 SWD 826
Legal Description
PT NW4 9-1-63 LOT B REC EXEMPT RE-1514 (3.45R3D)
Land Valuation Summary
Land Type Abst Code Unit of Number of Assessed Actual Value
Measure Units Value
Agricultural 4127 Acres 27.11
Agricultural 4117 Acres 26.33
Agricultural 4117 Acres 55.25
Agricultural 4117 Acres 38.42
Land Subtotal: 147.11 $51,013 $14,790
No Buildings on Parcel
http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=14770... 5/20/2008
DEPARTMENT OF PLANNING SERVICES
6itit atil41- 16Code Compliance Division
ii
8 10th Street, Greeley, CO 80631
C Phone: (970) 353-6100, Ext. 354C
Fax: (970) 304-6498
• 91
COLORADO
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
YI ZONING CODE COMPLAINT C Staff/Name: t Citizen e Other:
❑ HEALTH DEPARTMENT Citizen's Name(If(mown):
❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number Of known):
❑ BUILDING CODE COMPLAINT
❑ PUBLIC WORKS/PEST&WEEDS
r
Date Complaint was received: 0" "'
Pending Case#(i.e.USR, RE, SE, eat...):
Legal Description: LET boc V.E:' t-Ii1) 3U(M c1- SgT100 Parcel 4: 1411 '(TR 0 CU-Dap
Violation Address: t aio C CL'3
Property Owners Name: h}.fl� tpkt_e�-.,,1,.�.,C.), �/.�� ( Phone: ' {x
Property Owners Address: 3:162t-t f 1 4 f 11 t ter orflur(� ; W LP�l-
Tenant's Name: CCl 1 J Phone:
Tenant's Address: 1 ,�� /� `,.�1 ' I
NATURE OF COMPLAINT: 11 �nU[Un l a� tm C�!'B t lS " toi vaa l LSQ
Additional Notes: hug-oc .-'Jn -sew-e-pin-,-, Pie it 'too!LLe
P12_O2 -wzzR — i',{_,CI) &Li Nor e 1-1i
. LGY.. coax-- -q(OK) grinotrcint,Mh
MAY-20-2008 TUE 09: 01 AM SOUTHWEST WELD PLANNING FAX NO. 720 652 4211 P. 01
arrmie,,
WUDc.
COLORADO
WELD COUNTY PLANNING & BUILDING INSPECTION
4209 CR 24 ' / 2 , LONGMONT CO 80504
720 . 652 . 4210 LXT 8730
720 . 652 . 4211 l' AX
FACSIMILE TRANSMITTAL SHEET
TO: FROM
c,65$7 flt./..0!„,",e7
COMPANY: DATE
cS 02 O D
FAX NUMBER: TOtAI.NO.OF PAGES INCLUDING COVER.
PHONE NUMBER: SENDER'S REFERENCE NUMBER.
RF: YOUR REPERFNCE NUMBER:
❑ URGENT D FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPLY ❑ PLEASE RECYCLE
NOTES/COMMENTS:
MAY-20-2008 TUE 09:01 AM SOUTHWEST WELD PLANNING FAX NO. 720 652 4211 P. 02
— _c57
Turnpike Limited Liability Company
3964 Hwy 79
Keenesburg, CO 80643
Phone 970-38114042
Fax 303-732-0510
2.11-2008
Weld County Building Department
918 101h St,
Greeley, CO 80631
Attn: Len Dodge
To Whom It May Concern:
We are constructing a 2580 sq ft office with an attached 5440
sq ft equipment storage building located on our property south of Hwy
52 at 4626 WCR 65. We plan to use this building for running our
agriculture operations. We are also in the design stages for a 13,500
sq ft warehouse/maintenance building to be located approximately
400 feet south of the office building. As stated above all buildings will
be used for the day to day operations & management of our family
farming operation.
S' rely
C y Huwa ENABLING
urnpike.t;,imited.,.Liability Company + PARTNERS
970-381-4042 cell BUSINESS F IRST.TECHNOLOGY SECOND
303-732-0510 fax �� Sc.1-cs
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eRecorded in A A County, CO Doc Id: 3463826
03/22/2007 04:47 P Receipt#: 7299278
Page: 1 of 7 Total Fee: $45.00
Steve Moreno, Clerk and Recorder
Special Warranty Deed
/ (PV—Turnpike)
This Deed,made this ' (0 day of March,2007,between PV Water Holdings LLC, a
Colorado limited liability company,of the County of Weld, State of Colorado,as grantor
("Grantor"),
and
Turnpike Limited Liability Company,a Colorado limited liability company,whose legal address is
3964 Highway 79, Keenesburg,CO 80643, of the County of Weld,State of Colorado,as grantee
(collectively the"Grantee").
Witness,that Grantor, for and in consideration of the sum of Ninety Thousand Sixty Dollars
($90,060.00)and other good and valuable consideration,the receipt and sufficiency of which is
hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,
bargain,sell,convey and confirm unto Grantee,for itself,its successors and assigns forever,all the
real property,together with improvements, if any,situate,lying and being in the County of Weld,
State of Colorado,described as follows:
See Exhibit A attached hereto and incorporated herein("Property").
Together with all and singular the hereditaments and appurtenances thereunto belonging,
or in anywise appertaining and the reversion and reversions, remainder and remainders, rents,
issues and profits thereof, and all of the oil,gas, gravel,royalty interests and other mineral rights,
together with all surface rights,which are owned by Grantor,if any,related to, or in any way
appurtenant to,in and under and that may be produced therefrom,and all the estate,right,title,
interest,claim and demand whatsoever of Grantor,either in law or equity, of, in and to the above
bargained premises,with the hereditaments and appurtenances.
Together with water rights and rights to delivery of water associated with the inclusion of
the Property within the Henrylyn Irrigation District, EXCEPT RESERVING UNTO
GRANTOR all water and water rights, whether adjudicated or not, which are related to or in any
way appurtenant to the Property, (except for the water and water rights described above)
including without limitations, all well and well tights, including but not limited to, the water
rights associated with Well Permit No. 31595FP (former Permit No. 11587R);which water rights
were subject to the terms and conditions of the Findings of Fact, Conclusions of Law, Judgment
and Decree of the Court entered by the Adams County District Court on May 10, 2004 in Case
No. 98CV 1727, and recorded on June 22, 2004 as Reception No. 20040622000516130 of the
books and records of the Adams County Clerk and Recorder, and recorded on June 22, 2004 as
Reception No. 3191505 of the books and records of the Weld County Clerk and Recorder; and
the Findings of Fact, Conclusions of Law, Judgment and Decree of the Court entered by the
Adams County District Court on June 1, 2004 in Case No. 99CV0097, and recorded on June 22,
2004 as Reception No. 20040622000516120 of the books and records of the Adams County
Clerk and Recorder, and recorded on June 22, 2004 as Reception No. 3191504 of the books and
records of the Weld County Clerk and Recorder; all water rights and rights to water in the
Denver Basin Aquifers underlying the Property; all subterranean water and water rights; all
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eRecorded in W. . County, CO Doc Id: 3463826
03/22/2007 04:47 P Receipt#: 7299278
Page: 2 of 7 Total Fee: $45.00
Steve Moreno, Clerk and Recorder
Denver Basin Aquifers underlying the Property; all subterranean water and water rights; all
surface water and water rights; spring and spring rights; all tributary and non-tributary water
rights; designated and non-designated water rights; all reservoir and reservoir rights not
associated with Henrylyn Irrigation District; ditches and ditch rights not associated with
Henrylyn Irrigation District; all water and ditch company stock not associated with Henrylyn
Irrigation District, water, and sewer tap agreements; any and all easements and rights-of-way for
the carriage of water to the Property; discharge of water from the Property,and storage water off
Property; all utility agreements with any other developers or with any municipality or quasi-
municipal special district, if any, which are owned by Grantor or related to or in any way
appurtenant to the Property and reserving unto Grantor any interest in the irrigation well and
easement and right-of-way on, across and under the Southwest Quarter (SW 1/4) of Section 9,
Township 1 North, Range 63 West of the 6th P.M., as reserved and excepted in Warranty Deed
recorded December 13, 1979 in Book 890 at Reception No. 1811818 for the irrigation well
designated by Well Permit No. 11587 (now Final Permit No. 31595FP), together with permanent
access for ingress and egress to said well on the existing Fast-West farm road to operate, repair,
maintain, re-drill and/or replace said well and the underground pipeline from said well which
supplies irrigation water to the Northwest Quarter (NW 1/4) of Section 9, Township 1 North,
Range 63 West of the 6th P.M., and as further set forth in said Warranty Deed.
To Have and to Hold the said premises above bargained and described,with the
appurtenances, unto the Grantee,for itself,its successors and assigns forever. Grantor, for itself, its
successors and assigns,does covenant, grant,bargain and agree to and with Grantee,for himself,
successors and assigns,that at the time of the ensealing and delivery of these presents,Grantor is
well seized of the premises above conveyed,has good, sure,perfect,absolute and indefeasible
estate of inheritance, in law,in fee simple,and has good right, full power and lawful authority to
grant,bargain,sell and convey the same in manner and form aforesaid,and that the same are free
and clear from all former and other grants,bargains, sales, liens,taxes,assessments,encumbrances
and restrictions of whatever kind or nature whatsoever,except for and subject to those matters as
set forth on Exhibit B attached hereto and incorporated herein.
Grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained
premises in the quiet and peaceable possession of Grantee,for itself,its successors and assigns,
against all and every person or persons lawfully claiming the whole or any part thereof by,through
or under Grantor.
In Witness Whereof,Grantor has executed this Deed on the date set forth above.
PV Water Holdings LLC,
a Colo ' ited liability company
By:
el H. Farkas, Manager
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eRecorded in County, CO Doc Id: 3463826
03/22/2007 04:47 P Receipt#: 7299278
Page: 3 of 7 Total Fee: $45.00
Steve Moreno, Clerk and Recorder
�R Zoh
STATE OF COLORADO )
✓ )(44Jwpet- )SS.
CITY AND COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this l4oday of March,2O07, by
Joel H. Farkas, Manager of PV Water Holdings LLC,a Colorado limited liability company, on its
behalf.
Witness my hand and official seal.
My commission expires: cB• /5.-26 or-
(SEAL)
OFFICIAL SEA:
w tSb'
MARSHA KENNEDY
Il J1, topryPublic-State atA EM tNotary Public
I '\yi,�m% :ay CARI mmExpiresCOUNTY
March 15,2008
3
eRecorded in 1/x_..4 County, CO Doc Id: 3463826
03/22/2007 04:47 P Receipt#: 7299278
Page: 4 of 7 Total Fee: $45.00
Steve Moreno, Clerk and Recorder
Exhibit A
(Legal Description)
PARCEL G
LOT B,RECORDED EXEMPTION NO. 1477-09-2RE1514,RECORDED OCTOBER 18, 1993
IN BOOK 1407 AS RECEPTION NO 02355469,BEING A PART OF THE NORTHWEST
ONE-QUARTER OF SECTION 9,TOWNSHIP 1 NORTH,RANGE 63 WEST OF THE SIXTH
PRINCIPAL MERIDIAN,COUNTY OF WELD, STATE OF COLORADO;AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE EAST LINE OF THE NORTHWEST ONE-QUARTER OF
SECTION 9,TOWNSHIP 1 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL
MERIDIAN BEING ASSUMED TO BEAR S00°53'08"E A DISTANCE OF 2642.79 FEET.
MONUMENTED BY A 2" ALUMINUM CAP STAMPED "LS 25937'AT BOTH THE
NORTH ONE-QUARTER CORNER AND AT THE CENTER ONE-QUARTER CORNER.
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT B BEING THE CENTER
ONE-QUARTER CORNER OF SAID SECTION 9;
THENCE ALONG THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID
SECTION 9,S89°04'48"W A DISTANCE OF 2599.08 FEET,TO THE EASTERLY RIGHT-
OF-WAY LINE OF WELD COUNTY ROAD 65;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE WHICH IS 30 FEET EAST
AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST ONE-QUARTER OF
SAID SECTION 9,N01°02'59"W A DISTANCE OF 2604.12 FEET,TO THE SOUTHERLY
RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 52 AS DESCRIBED IN BOOK
911 AT PAGE 64 BEING 40.00 FEET SOUTH OF THE NORTH LINE OF SAID
NORTHWEST ONE-QUARTER OF SAID SECTION 9;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE WHICH IS 40 FEET SOUTH
AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF
SAID SECTION 9,N89°06'32"E A DISTANCE OF 1776.07 FEET,TO THE
NORTHEASTERLY LINE OF SAID LOT B;
THENCE ALONG SAID NORTHEASTERLY LINE OF LOT B ALSO BEING THE
SOUTHWESTERLY LINE OF LOT A OF SAID RECORDED EXEMPTION NO. 1477-09-
2RE1514,RECORDED OCTOBER 18, 1993 IN BOOK 1407 AS RECEPTION NO. 02355469,
THE FOLLOWING TEN (10) COURSES:
1. S66°20'55"E A DISTANCE OF 235.88 FEET;
2. S59°25'13"E A DISTANCE OF 99.94 FEET;
3. S55°12'57"E A DISTANCE OF 100.06 FEET;
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eRecorded in Vb_. 1 County, CO Doc Id: 3463826
03/22/2007 04:47 P Receipt#: 7299278
Page: 5 of 7 Total Fee: $45.00
Steve Moreno, Clerk and Recorder
4. 551°00'05"E A DISTANCE OF 99.93 FEET;
5. S46°44'11"E A DISTANCE OF 100.13 FEET;
6. S42°36'22"E A DISTANCE OF 100.00 FEET;
7. S38°18'04"E A DISTANCE OF 99.94 FEET;
8. S30°57'20"E A DISTANCE OF 199.90 FEET;
9. S54°49'34"E A DISTANCE OF 35.03 FEET;
10.N89°04'05"E A DISTANCE OF 45.07 FEET,TO THE EAST LINE OF SAID
NORTHWEST ONE-QUARTER OF SAID SECTION 9;
THENCE ALONG SAID EAST LINE, S00°53'08"E A DISTANCE OF 1912.82 FEET, TO THE
POINT OF BEGINNING.
CONTAINING AN AREA OF 6,538,349 SQUARE FEET OR 150.100 ACRES.
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eRecorded in W_ _ County, CO Doc Id: 3463826
03/22/2007 04:47 P Receipt#: 7299278
Page: 6 of 7 Total Fee: $45.00
Steve Moreno, Clerk and Recorder
Exhibit B
(Exceptions)
1. Taxes and assessments for the year 2007 and subsequent years, a lien not yet due or
payable.
2. All water, water rights,or claims thereto, in, on or under the land.
3. Any existing leases or tenancies, and any and all parties claiming by, through or under
said lessees.
4. Rights of way for county roads 30 feet on either side of Section and Township lines, as
established by the Board of County Commissioners for Weld County, by the instrument
recorded October 14, 1889 in Book 86 at Page 273.
5. Reservation by the Union Pacific Railroad Company of all oil, coal and other minerals
underlying the land, the exclusive right to prospect for, mine and remove oil, coal and
other minerals, and the right of ingress and egress and regress to prospect for, mine and
remove oil, coal and other minerals, as contained in deed recorded November 29, 1907 in
Book 233 at Page 128,and any and all assignments thereof or interests therein.
Note: Request for Notification of Surface Development recorded May 28,2002 at
Reception No. 2954634.
6. Right of way, whether in fee or easement only, for road purposes, as granted to Weld
County, Colorado by Fred Durbin by instrument recorded March 25, 1931 in Book 911 at
Page 64.
7. Terms, conditions, provisions and agreements specified under the Surface Owner's
Agreement by and between Eagle Peak Farms, Ltd. and Union Pacific Resources
Company,which was recorded May 22, 1992 in Book 1337 at Reception No. 02288934.
8. 30' wide access, utility, water well & water line easements and notes and shown on the
Recorded Exemption No. 1477-09-2-RE1514 recorded October 18, 1993 in Book 1407 at
Page 02355469.
9. Terms, conditions, provisions and agreements specified under the Surface Owner's
Agreement by and between Prospect Valley Farms, Ltd. and Union Pacific Land
Resources Corporation,which was recorded October 4, 1999 at Reception No.2724468.
10. Terms, conditions, provisions and agreements specified under the Surface Owner's
Agreement by and between Prospect Valley Farms, Ltd. and Union Pacific Land
Resources Corporation, which was recorded November 27, 2000 at Reception No.
2809195.
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eRecorded in W_ . County, CO Doc Id: 3463826
03/22/2007 04:47 P Receipt#: 7299278
Page: 7 of 7 Total Fee: $45.00
Steve Moreno, Clerk and Recorder
11. Valve site contract for a pipeline gate or gate-valves with any by-passes and
appurtenances as granted to Duke Energy Field Services, Inc. by instrument recorded
April 25,2001 at Reception No. 2843053.
12. Pipeline right-of-way grant and easement as granted to Duke Energy Field Services, Inc.,
by instrument recorded April 25,2001 at Reception No. 2843054.
13. Terms and conditions as contained in the Agreement for Conveyance of F.nsement by
instrument recorded May 9, 2002 at Reception No. 2950276.
14. Grant of easement and right of way for a non-exclusive, perpetual easement for rip rap
slope protection and extension of existing drainage facilities as granted to the County of
Weld by instrument recorded September 26, 2002 at Reception No. 2990534.
15. ALTA/ACSM Land Title Survey by instrument recorded September 13, 2004 at
Reception No. 3218385.
16. Terms, conditions, provisions, agreements and obligations specified under the Notice to
Construct a Toll Road and Disclaimer of Interest, which was recorded August 28, 2006 at
Reception No. 3414875.
Note: List of owners notified of the above recorded Notice, recorded January 5,2007 at
Reception No. 3445894.
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