HomeMy WebLinkAbout20021415.tiff RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION #3308 - CONQUEST OIL COMPANY
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, the Board of County Commissioners, pursuant to its authority under
Section 30-28-101(10)(d), C.R.S., determined at a public meeting held in the Chambers of the
Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known
as Recorded Exemption #3308, does not come within the purview of the definition of the terms,
"subdivision" and "subdivided land," and
WHEREAS, the request for Recorded Exemption #3308 was submitted by Conquest Oil
Company, do Bruce White, 1610 29th Avenue Place, Suite 200, Greeley, Colorado 80631, for
property which is located in part on the following described real estate, to-wit:
Part of the N1/2 NW1/4 of Section 32, Township 4
North, Range 65 West of the 6th P.M., Weld
County, Colorado
being more particularly described in the plat which shall be provided by the applicant and known
as Exhibit "A," said plat to be recorded, and
WHEREAS, this request is to divide the property into parcels estimated to be
approximately 51.716 acres and 15.607 acres.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is,
exempt from the definition of the terms, "subdivision" and "subdivided land."
BE IT FURTHER RESOLVED by the Board that Recorded Exemption #3308 by
Conquest Oil Company is, approved conditional upon the following:
1. A Weld County septic permit is required for any proposed home. The septic
system shall be installed according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations.
2. Prior to recording the plat:
A. The plat shall be titled: Recorded Exemption No. RE-3308.
B. Lot A shall use the existing access for Use by Special Review
Permit#1198 from Weld County Road 40 as no additional accesses shall
be granted.
J 2002-1415
RE3308
RE #3308 - CONQUEST OIL COMPANY
PAGE 2
C. Lot B shall use the existing access to the 51.75-acre parcel for future
residential access shown on the exhibit and access sheet. The access
should be from Weld County Road 40 to minimize accesses to the
collector status roadway. No additional accesses shall be granted.
D. All approved accesses shall be clearly shown on the plat. The applicant
shall contact the Weld County Department of Public Works to determine
if a culvert is necessary at any approved road access. If a drainage
culvert is required, a 15-inch Corrugated Metal Pipe (CMP) is Weld
County's minimum size. If the applicant chooses to place a larger culvert,
contact the Weld County Department of Public Works to adequately size
the culvert.
E. The applicant shall provide the Weld County Department of Planning
Services with a certificate from the Weld County Treasurer showing no
delinquent taxes exist for the original parcel.
F. The following notes shall be placed on the plat:
1) All proposed or existing structures will meet the minimum setback
and offset requirements for the Zone District in which the property
is located. Pursuant to the definition of setback in the Weld
County Code, the required setback is measured from the future
right-of-way line.
2) No building or structure as defined and limited to those
occupancies listed as Groups A, B, E, H, I, M, and R in Table 3-A
of the 1997 Uniform Building Code, shall be constructed within a
200-foot radius of any tank battery or within a 150-foot radius of
any wellhead. Any construction within a 200-foot radius of any
tank battery, or 150-foot radius of any wellhead, shall require a
variance from the terms of the Section 23-6-10 of the Weld
County Code.
3) Any future structures or uses on site must obtain the appropriate
zoning and building permits.
4) Prior to the release of building permits, the applicant shall submit
a recorded deed describing the Lot upon which the building permit
is requested with the building permit applications. The legal
description on such deed shall include the Lot designation and
Recorded Exemption number.
5) Should noxious weeds exist on the property, or become
established as a result of the proposed development, the
applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the
Weld County Code.
2002-1415
RE3308
RE #3308 - CONQUEST OIL COMPANY
PAGE 3
6) Weld County Road 39 is designated on the Weld County
Transportation Plan Map as a collector status road, which requires
80 feet of right-of-way at full build out. There is presently 60 feet
of right-of-way. A total of 40 feet from the centerline of Weld
County Road 39 shall be delineated as right-of-way on the plat.
This road is maintained by Weld County.
7) Weld County Road 40 is designated on the Weld County
Transportation Plan Map as a local gravel road, which requires 60
feet of right-of-way at full build out. There is presently 60 feet of
right-of-way. A total of 30 feet from the centerline of Weld County
Road 40 shall be delineated as right-of-way on the plat. This road
is maintained by Weld County.
8) All vehicles located on the property must be operational with
current license plates, or be screened from all adjacent properties
and public rights-of-way, or be removed from the property. All
other items considered to be part of a noncommercial junkyard
must also be removed from the property or screened from
adjacent properties and public rights-of-way.
9) Weld County's Right To Farm statement, as it appears in the
Weld County Code, Appendix 22-E, shall be placed on the Plat.
3. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services. Upon approval of
the paper copies the applicant shall submit a Mylar plat along with all other
documentation required as Conditions of Approval. The Mylar plat shall be
recorded in the office of the Weld County Clerk and Recorder by the Department
of Planning Services. The plat shall be prepared in accordance with the
requirements of Section 24-8-70 of the Weld County Code. The Mylar plat and
additional requirements shall be submitted within sixty (60) days from the date of
the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
4. The Department of Planning Services respectfully requests the surveyor provide
a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg,
.dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles,
Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred
format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file
may be sent to maps(a�co.weld.co.us.
2002-1415
RE3308
RE #3308 - CONQUEST OIL COMPANY
PAGE 4
5. Approval of this Recorded Exemption is contingent upon the closing and transfer
of Use by Special Review Permit#1198, as approved through the Stipulation in
Case 01-CV-713, Enviro-Cycle, LLC, Plaintiff, v. Board of County
Commissioners of Weld County, Colorado, Defendant, which Stipulation
provides for the dismissal of the lawsuit contingent upon the closing of a
transaction transferring a portion of the land, and the equipment and operation
described as an Oil and Gas Service Facility (brine water disposal) under Use by
Special Review Permit#1198 pursuant to an Asset Purchase Agreement
between the Plaintiff and Conquest Oil Company.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of June, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORADO
ATTEST:
Jt2 �, r
'�``�"�/ e=.t GI- 'n Vaad Chair
Weld County Clerk tot `bo:
LjM1LrtJA • • f►
sf / David . J.ng, Pro-Te BY: Deputy Clerk to the Boar. ►� S
M. J. Geile /
G B�DASTOF J7G
Willi m H. trke
ounty orney (\��) •Ro ert D. Masden
Date of signature: !j°
2002-1415
RE3308
RTMENT OF PLANNING W��ID«0 DEPARECORDED EXEMPTIONSERVICES
COLORADO ADMINISTRATIVE REVIEW
PLANNER: Monica Daniels-Mika HEARING DATE: June 3, 2002
CASE NUMBER: RE-3308
APPLICANT: Conquest OH
ADDRESS: 103 Sierra Street, Sterling, Colorado
REQUEST: Two Lot Recorded Exemption
LEGAL DESCRIPTION: Part of the N2 NW4 of Section 32, T4N, R65W of the 6th P.M., Weld County, CO
PARCEL NUMBER: 1055 32 00008
PARCEL SIZE: Lot A 15 +/-acres Lot B 45+/-acres ZONE DISTRICT:Agricultural
WATER SOURCE: Central Weld Water District SEWER SOURCE: Septic system
The Department of Planning Services' staff has reviewed this request and could not approve the request since
the Department of Planning Services'staff does not have the authority to grant an exception to Section 24-8-80.H
of the Weld County Code but otherwise finds that the application complies with Section 24-8-40.8.1 through 24-8-
40.6.6 of the Weld County Code:
1. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with the
following criteria as listed in Section 24-8-40.B.1 through 24-8-40.B.6 of the Weld County Code:
A. Section 24-8-40.8.1 -Conformance with the urban growth boundary goals and policies contained in Chapter
22 of the Weld County Code as well as any approved intergovernmental agreement when the recorded
exemption application is located within a specified intergovernmental boundary area.
The site is located outside of an intergovernmental agreement area.
B. Section 24-8-40.8.2-Compatibility with existing surrounding land uses. The surrounding land uses are rural
residential, agricultural and, oil and production.
C. Section 24-8-40.8.3-Consistency with the intent of the zone district the recorded exemption is located within
as expressed in Chapter 23 of the Weld County Code. The property is zoned A(Agricultural)and has been
permitted as USR-1198. The Code allows for the division of agricultural lands.
D. Section 24-8-40.8.4 - Consistency with the purpose of efficient and orderly development as expressed in
Section 24-1-30 of the Weld County Code. The proposed land split will not interfere with efficient and orderly
development. The land split will divide off existing improvements from the rest of the parcel.
E. Section 24-8-40.8.5 -Compliance with the recorded exemption standards set forth in Section 24-8-80 of the
Weld County Code.
1) Section 24-8-80.A - The water supply for all lots as proposed by the recorded exemption application
is adequate in terms of quality, quantity, and dependability. Water is currently supplied to the site by
Central Weld Water District.
2002-1415
2) Section 24-8-80.8 - An adequate sewer service is available to serve the uses permitted on both
proposed lots. The sewer service shall comply with the requirements of the applicable zone district and
the Weld County Health Department. The site is presently served by a septic system for the office.
3) Section 24-8-80.C-An adequate legal access exists for all proposed lots to a public road. All accesses
shall be in accordance with Chapter 8,Article//of the Weld County Code. Access has been reviewed
by Weld County Public Works Department and is deemed appropriate.
4) Section 24-8-80.D - The proposed recorded exemption will comply with Chapter 23, Article V of the
Weld County Code. The site is not part of an Overlay zoned District.
5) Section 24-8-80.E- The minimum size of any lot proposed is not less than one(1) acre, except where
smaller lot sizes are allowed in the zone district or where exempted by the Board of County
Commissioners. As designed the site meets this condition.
6) Section 24-8-80.F - The decision to approve a recorded exemption may be conditioned to mitigate
impacts or address concerns of referral agencies. Existing or future public rights-of-way shall be
dedicated or reserved in conformance with Chapter 22 of the Weld County Code and any adopted
intergovernmental agreements, or master plans of affected municipalities. Conditions of Approval
have been developed to address parking.
7) Section 24-8-80.G - The recorded exemption application shall include the total contiguous land
ownership,except in the Agricultural Zone District. In the Agricultural Zone District when a contiguous
ownership equals at least twice the minimum lot size(160 acres), or a parcel otherwise recognized as
a complete quarter section, a portion of the lot equal to the minimum lot size (80 acres) may be used
in the recorded exemption application. The three (3)-lot recorded exemption application shall include
the total contiguous land ownership equal to no less than twice the minimum lot size(160 acres)in the
Agricultural Zone District, or is a parcel otherwise recognized as a complete quarter section. The fact
that the applicant has conveyed, within the last calendar year,land which would have been considered
contiguous had it been retained, may be considered as evidence of an intent to evade the purpose
provisions of Sections 24-1-30 and 24-8-20 of the Weld County Code. The application as proposed
meets this condition.
8) Section 24-8-80.H- The proposed recorded exemption was apart of a recorded exemption approved
within the last ten(10)years. This provision shall not apply in any commercial or industrial zone district.
This parcel was created as part of a previous Recorded Exemption(RE-2367)recorded in 5-7-1999.
The use of the proposed lot A is similar to uses in an Industrial Zone and granting an exception to the
ten year rule would be consistent with the exception for the Industrial Zone. In addition, the current
lot alignment would allow a residence within Lot B of RE -2367 outside of the boundaries of U.S.R.
1198 so this RE would not create additional residential lots. Therefor, after reviewing the unique
circumstances surrounding this case, the Department of Planning Services finds no objection to this
land division at this time.
9) Section 24-8-80. I - The proposed recorded exemption is not part of an approved subdivision or
recorded plat or unincorporated community legally filed prior to the adoption of any regulations
controlling subdivision. The application as proposed meets this standard.
10) Section 24-8-80.J- The proposed recorded exemption does not evade the statement of purpose as
set forth in Section 24-1-30 of the Weld County Code. This application does not evade the intent of the
Code.
F. Section 24-8-40.8.6-Adequate provision for the protection of the health,safety,and welfare of the inhabitants
of the neighborhood and the County. The conditions of approval have been developed to ensure that the
health, safety, and welfare of the inhabitants of the neighborhood and the County are provided for.
Should the Board of County Commissioners approved this request, the Department of Planning Services' staff
recommends the following conditions be attached:
1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according
to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations.
2. Prior to recording the plat:
A. The plat shall be titled: Recorded Exemption No. RE-3308.
B. Lot A shall use the existing USR access point from WCR 40 as no additional accesses shall be granted.
C. Lot B shall use the existing access to the 51.75 acre parcel for future residential access shown on the exhibit
and access sheet. The access should be from WCR 40 to minimize accesses to the collector status roadway.
No additional accesses shall be granted.
D. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County
Department of Public Works to determine if a culvert is necessary at any approved road access point. If a
drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the
applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to
adequately size the culvert.
E. The applicant shall provide the Weld County Department of Planning Services with a certificate from the Weld
County Treasurer showing no delinquent taxes exist for the original parcel.
F. The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the
zone district in which the property is located. Pursuant to the definition of setback in the Weld County
Code, the required setback is measured from the future right-of-way line.
2) No building or structure as defined and limited to those occupancies listed as Groups A, B, E, H, I, M
and R in Table 3-A of the 1997 Uniform Building Code,shall be constructed within a 200-foot radius of
any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius
of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the
Section 23-6-10 of the Weld County Code.
3) Any future structures or uses on site must obtain the appropriate zoning and building permits.
4) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot
upon which the building permit is requested with the building permit applications. The legal description
on such deed shall include the Lot designation and Recorded Exemption number.
5) Should noxious weeds exist on the property or become established as a result of the proposed
development the applicant/landowner shall be responsible for controlling the noxious weeds,pursuant
to Chapter 15,Articles 1 and II of the Weld County Code.
6) Weld County Road 39 is designated on the Weld County Transportation Plan Map as a collector status
road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way.
A total of 40 feet from the centerline of Weld County Road 39 shall be delineated right-of-way on the
plat. This road is maintained by Weld County.
7) Weld County Road 40 is designated on the Weld County Transportation Plan Map as a local gravel
road, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way.
A total of 30 feet from the centerline of Weld County Road 40 shall be delineated right-of-way on the
plat. This road is maintained by Weld County.
8) All vehicles located on the property must be operational with current license plates,or be screened from
all adjacent properties and public rights of way, or be removed from the property. All other items
considered to be part of a noncommercial junkyard must also be removed from the property or
screened from adjacent properties and public rights-of-way.
9) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural
counties in the United States,ranking fifth in total market value of agricultural products sold. The rural
areas of Weld County may be open and spacious, but they are intensively used for agriculture.
Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts
with longstanding agricultural practices and a lower level of services than in town. Along with the
drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views,
spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life.
Without neighboring farms, those features which attract urban dwellers to rural Weld County would
quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well run agricultural
activities will generate off-site impacts,including noise from tractors and equipment;slow-moving farm
vehicles on rural roads;dust from animal pens,field work,harvest,and gravel roads;odor from animal
confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the use of
pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs
cannot simply be moved out of the way of residential development without threatening the efficient
delivery of irrigation to fields which is essential to farm production.
Section 35-3.5-102, C. R.S., provides that an agricultural operation shall not be found to be a public
or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices
that are commonly or reasonably associated with agricultural production.
Weld County covers a land area of over 4,000 square miles in size(twice the State of Delaware)with
more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of
the area to be served stretches available resources. Law enforcement is based on responses to
complaints more than on patrols of the county and the distances which must be traveled may delay
all emergency responses, including law enforcement,ambulance,and fire. Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to emergencies. County
gravel roads,no matter how often they are bladed,will not provide the same kind of surface expected
from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not
be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are
of the lowest priority for public works or may be the private responsibility of the homeowners.
Services in rural areas, in many cases,will not be equivalent to municipal services. Rural dwellers
must, by necessity, be more self-sufficient than urban dwellers.
Children are exposed to different hazards in the county than in an urban or suburban setting. Farm
equipment and oil field equipment,ponds and irrigation ditches,electrical power for pumps and center
pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock
present real threats to children. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood. Parents are responsible for their children.
3. The applicant shall submit two(2)paper copies of the plat for preliminary approval to the Weld County Department
of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other
documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by Department of Planning Services'Staff. The plat shall be prepared in accordance with the
requirements of Section 24-8-70 of the Weld County Code. The Mylar plat and additional requirements shall be
submitted within sixty(60)days from the date of the Board of County Commissioners resolution.The applicant shall
be responsible for paying the recording fee.
4. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded
Exemption. Acceptable CAD formats are .dwg, .dxf,and .dgn(Microstation); acceptable GIS formats are ArcView
shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(ohco.weld.co.us.
re3088approval.
WELD COUNTY,COLORADO
DEPARTMENT OF PLANNING SERVICES
1555 N. 17TH AVENUE
GREELEY,CO 80631
PHONE(970)353-6100,ExT.3540 -FAX(970)304-6498
G83
DATE: 1 1 20 RECEIPT
RECEIVED FROM: -
NO. TYPE FEES
4221 -RE/SE
4221 -ZPMH
4221 -USR
4221 -SITE PLAN REVIEW
4221 -COZ
4221 -PUD
4221 -SUBDIVISION
4221 -BOA
4221 -FHDP/GHDP
4430-MAPS/PUBLICATIONS
4430-POSTAGE
4430-COPIES
4730-INVESTIGATION FEE
6560-RECORDING FEE 1
MISC.
CI CASH E�CHECK NO: TOTAL
BY:
WHITE-CUSTOMER CANARY-FINANCE PINK-FILE
6 et
OFFICE OF THE COUNTY COMMISSIONERS
m 915 P.O. STREET
.O. BOX 758 woeGREELEY, COLORADO 80632
WEBSITE: www.co.weld.co.us
PHONE: (970) 356-4000, EXT. 4200
FAX: (970) 352-0242
COLORADO
Ms. Jeanette Snow
Weld County Title Company
1221 8th Avenue
Greeley, CO 80631
RE: Envirocycle, LLC ("Seller") /Marcum Midstream 1995-2 EC Holding, LLC
("Buyer") / Conquest Oil Company Closing August 22, 2002, 8:00 a.m.
Dear Ms. Snow:
Attached is an original mylar for Weld County Recorded Exemption No. 1055-32-2-RE 3308
which has been signed by me as Chairman of the Weld County Board of County Commissioners.
It is my understanding there is a closing scheduled August 22, 2002, between the referenced
Seller and the referenced Buyer to transfer Lot A of Recorded Exemption No. 1055-32-2-RE
3308 to Buyer.
The attached recorded exemption mylar is given to you conditioned on your obtaining the
owner's signature and that it will be recorded in the proper order, i.e., immediately prior to the
recording of the deed to the Buyer, but only if the aforementioned closing actually occurs on or
before August 26, 2002. If such closing does not occur by August 26, 2002, you are to return the
attached recorded exemption mylar to Bruce T. Barker, Weld County Attorney, on that date,
unrecorded.
Sincerely
Glenn Vaad, Chairman
Board of County Commissioners of
Weld County, Colorado
pc: Bruce T. Barker, Weld County Attorney
Fred L. Otis, Esq.
Kim Ogle, Weld County Dept. of Planning Services
OCSOTIS, CoAN & STEWART, LLC
Attorneys And Counselors At Law
Fred L.Otis
flotis@ocslaw.com
August 16, 2002 Weld County PI:rniny [leinrtment
CUE! FY
AUG 1 6 2002
HAND DELIVER R EC L Via)
Mr. Kim Ogle
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
RE: Conquest Oil Company /Envirocycle, LLC
Recorded Exemption
Dear Kim:
Enclosed is a proposed Recorded Exemption 1055-32-2-RE 3308 plat. Please review, and call
me as soon as possible. We are scheduled to close at 8:00 a.m., Thursday, August 22, 2002.
Sincerely,
Fred L. Otis
FLO:mas
Enclosure
The Doyle Building, 1812 56th Avenue, Greeley, Colorado 80634
Telephone: 970-330-6700 Fax: 970-330-2969 Metro: 303-659-7576
Kim Ogle -envirocycle/ conquest Page 1
From: LEE Morrison
To: BRUCE Barker; Kim Ogle
Date: 8/12/02 4:15PM
Subject: envirocycle/ conquest
the assignment for the road improvements agreement will be on the agenda next Wednesday. You will
note that operator is Conquest but that the actual owner is Macrum EC -Holdings. For financing and
liability issues, all of the Conquest operations are structured in a similar fashion and I understand that the
principals in Conquest hold a share of the Macrum entities . I do not think this is inconsistent with the
prior Board approvals which looked at the existing conquest operations. Also included in the record is a
copy of the operating agreement which provides that Conquest is responsible for everything to do with the
operation including compliance.
Another issue will be recording of the plat for the USR and RE. They need to be timed so that they are not
recorded before the closing. It is not worked out completely- but the plan is to have the plats filed with
Planning w/the check for recording ( after being reviewed and accepted by staff) and only recorded upon
being notified by the title company that the deal is closed
Lee D. Morrison
Assistant Weld County Attorney
915 10th St., PO Box 758
Greeley, CO 80634
(970) 356-4000 x 4395
FAX 352 0242
This e-mail contains confidential
and/or privileged information.
If the reader is not the intended recipient,
please reply and delete your copy of this
message."
CC: FRANK Hempen; MONICA Mika
AUG-13-2002 TUE 11 15 AM WELD CO GOVT FAX NO. 9703520242 P. 01
RESOLUTION
RE: APPROVE CONSENT TO ASSIGNMENT OF ROAD MAINTENANCE AND
IMPROVEMENTS AGREEMENT FOR USE BY AND AUTHORIZE CHAIR TO SIGN -
ENVIRO-CYCLE, LLC, AND MARCUM MIDSTREAM 1995-2 EC HOLDING, LLC
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, the Board has been presented with an Assignment of Road Maintenance
and Improvements Agreement for Use by Special Review Permit#1198 by between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, and Enviro-Cycle, LLC, 103 Sierra Vista P O Box 169, Sterling, Colorado 80751, and
Marcum Midstream 1995-2 EC Holding, LLC, ,A:0 ia'S$];', with terms and conditions being
as stated in said assignment, and
WHEREAS, after review, the Board deems it advisable to consent to said assignment, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Assignment of Road Maintenance and Improvements
Agreement for Use by between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and Enviro-Cycle, LLC, and Marcum
Midstream 1995-2 EC Holding, LLC, be, and hereby is, approved and consented to.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said assignment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of August, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Glenn Vaad, Chair
Weld County Clerk to the Board
EXCUSED DATE OF SIGNING (AYE)
David E. Long, Pro-Tern
BY:
Deputy Clerk to the Board
M. J. Geile
APPROVED AS TO FORM:
William H. Jerke
County Attorney
Robert D. Masden
Date of signature:
2002-2240
PL1259
AUG-13-2002 TUE 11 16 AM WELD CO GOVT FAX NO. 9703520242 P. 02
Aug. 7. 2002 4:32PM West Greeley Law Center No 0003 P . 2/8
ASSIGNMENT OF
ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT
THIS ASSIGNMENT of Road Maintenance and Improvements Agreement(hereinafter
i efenlbd to as this"Assignment"),is made this day of August,2002,by and between
Envirocycle,LLC,also sometimes known as Enviro-Cycle,LLC('tnvirocycle'),a Colorado
Limited Liability Company whose address is 103 Sierra Vista,PO Boa 169, Sterb&Colorado,
80751,and Marcum Midstream 1995-2 EC Holding,LLC("EC Holding")a Delaware limited
liability company whose address is . Colorado
BACKGROUND OF AGREEMENT. The following background stags are provided
to aid in the understanding and interpretation of this Assignment:
A. Envirocycle was granted Weld County Use by Special Review Permit No.1198("USR
Permit")for an oil and gas support and service facility(brine water disposal)operation
located on portions of the N2 NW4 of Section 32,Township 4 North,Range 65 West of
the 6a'P.M. ("Disposal Wet),
B. Envirocycle,as part of the USR Permit process,agreed to a Road Maintenance and
Improvements Agreement dated July 12, 1999("Road Maintenance Agreement").
C. The Road Maintenance Agreement, at paragraph 14,states: "This Agreement shall not be
assignable without prior written consent of County or Ectvi ro-Cyole,whichever is the non-
assigning party."
A. Envirocycle has agreed to sell the Disposal Well,including an assignment of the USR
Permit,to EC Holding.
E. EC Holding has contracted with Conquest Oil Company to operate the Disposal Weil and
Weld County has approved of Conquest Oil Company as the operator.
F. The parties hereto desire by this Assignment for Envirocycle to assign to EC Holding all
of the rights and obligations of Envirocycle and for BC Holding to accept such
assignment,all upon the terms and subject to the conditions which are hereinafter set
forth.
NOW, THEREFORE,FOR AN)IN CONSIDERATION of the mutual entry into this
Assignment by the parties hereto,and fit other good and valuable considerations,the receipt and
adequacy of which are hereby acknowledged by each party hereto,the parties agree as follows:
L Assignment Envirocycle hereby assigns to EC Holding the rights and responsibilities of
Envirocycle under the Road Maintenance Agreement,and EC Holding agrees to dilly and
,faithflilly perform such Road Maintenance Agreement.
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2. Effectiveness. This Assignment shall become effective on and only on its execution and
delivery by each party hereto.
IN WITNESS WHEREOF,each patty hereto has executed this Assignment by its duly
authorized representative,the day and the year first above written.
Marcum II.dstreatn 1995-2 EC Holding,LLC:
By
Envirocycle,LLC:
By
Its
CONSENT AND APPROVAL
Pursuant to Paragraph 14 of the Road Maintenance Agreement,the County of Weld, State
of Colorado hereby consents and agrees to the above Assignment.
County of Weld
Date By
Its
., 2
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STATE OF COLORADO )
County of Weld )
The foregoing instrument was acknowledged before me this._day of August,2002 by
as Manager for Envirocycle,LLC
Witness my band and official seat
My Commission Expires:
Notary Public
STATE OF COLORADO )
County of Weld )
The foregoing instrument was ackmowledged before me this_day of August,2002 by
as Manager for harem Mldstrea 1995-2 EC Holding,LLC.
Witness my hand and official seal.
My Commission Expires:
Notary Public
3
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Draft 7-29-02
AMENDMENT NO.2
TO
DISPOSAL FACILITIES OPERATING AGREEMENT
THIS AMENDMENT NO. 2 this "Amendment"), made and entered Imo as of August 1 'i/3
2002, amends the Disposal Facilities Operating Agreement,dated as of February 8, 1996,as previously
amended on Apn13,2.002(as so amended,the"Agreement"),by and among Conquest Oil Company,a )4,,,,
Colorado corporation(r'Operator", Marcum Midstream 1995-2 Business Trust, a Delaware business u
trust ("Owner"), wd Marcum Midstream 1995-2 EC Holding, LLC, a Delaware limited liability
company rqwner sub"). ,
WITNESSET$r
WHEREAS, Owner and Operator had previously entered into the Agreement, which provides,
among other things, for the Operator to operate two produced water disposal facilities located in Weld
County, Colorado(the"Original Facilities");and
WHEREAS, Operator has entered into a certain Asset Purchase Agreement, dated April 3,
2002 (the"Purchase Agreement'), with Envirocycle,LW, a Colorado limited liability company (the
"Seller"), providing for, among other things, the purchase by Operator from the Seller of a water
disposal facility located in Weld Country,Colorado known as the"Envirocycle Facility";and
WHEREAS, Operator intends to assign its rights and obligations under the Purchase
Agreement to Owner Subsidiary, a wholly owned subsidiary of the Owner, and Owner Subsidiary
intends to assume Operator's rights and obligations under the Purchase Agreement and acquire the
Envirocycle Facility and operate it under the Weld County, Colorado USR permit to be issued to
Operator;and
WHEREAS, Owner and Owner Subsidiary desire that Operator operate the Envirocycle
Facility under the Agreement on the same basis as it currently operates the Original Facilities, and
Operator desires to do the same;and
WHEREAS, pursuant to Section 10.8 of the Agreement, the Agreement may be amended only
by an instrument executed by the party to be charged with such amendment;and
WHEREAS, Owner, Owner Sub and Operator desire to amend the Agreement as set forth
herein to provide for Operator to operate the Envirocycle Facility for an additional compensation
commensurate with its additional duties payable by Owner Sub;
NOW, THEREFORE, in consideration of the premises and mutual agreements hereinafter act
forth,'Imd for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto, being all the panics to the Agreement and intending to be legally
bound hereby, agree as follows:
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Section 1. Winkling Capitalized terms used in this Amendment and not otherwise
defined herein shall have the respective meanings given to them in the Agreement
Section 2. Amendments- The Agreement is hereby amended as follows:
(a) Amendment 10_Recitals The Recitals to the Agreement are hereby amended in
their entirety to read as follows:
"A. Pursuant to that certain Option Purchase Agreement dated September 8,
1995 with Operator (the "Purchase Agreement), Owner purchased from Operator
Main Assets as defined herein, which included two produced water disposal facilities
located in Weld County,Colorado,and the real property interests,equipment and other
personal property, permits, contract rights and other property rights associated
Therewith(collectively,the"Original Facilities",
B. Subsequently, pursuant to that certain Asset Purchase Agreement dated
April 3, 2002 (the "2002 Purchase Agreement") with Envirocycle, LLC, Marcum
Midstream 1995-2 EC Holding, LLC,. a Delaware limited liability company and
wholly-owned subsidiary of the Owner ("Owner Sub") purchased certain additional
assets, which Included a third produced water disposal facility located in Weld County,
Colorado, and the real property interests, equipment and other personal property,
permits, contract rights and other property rights associated therewith(collectively,the
"Additional Facility"and,collectively with the Original Facilities,the"Facilities").
C. Owner desires to retain Operator to operate the Original Facilities, and
Owner Sub desires to retain Operator to operate the Additional Facility under the Weld
Country, Colorado USR permit to be issued to Operator, and Operator desires to
operate the Facilities, and the parties desire to set forth herein their agreement
concerning the Operator's operation of the Facilities-"
(b) Amendment to Lmroductinrt of the Agreement. The introduction to the Agreement,
below the caption "AGREEMENT' and before Article 1, is hereby amended by
adding",Owner Sub"atter the word"Owner".
(c) Amendment to Article 1 Adding a Nsy Section 1.4. Article 1 of the Agreement
shall be amended by adding a new Section 1.6 to the end of Article 1 to read in its
entirety as follows:
"As used herein,"Facilities" shall include the Original Facilities described on Exhibit A
attached hereto and the other Assets(as defined in the Purchase Agreement)conveyed
by Operator to Owner pursuant to the Purchase Agreement, as well as the Additional
Facilities described on Exhibit E attached hereto and the other Assets(as defined in the
2002 Purchase Agreement) conveyed by Envirocycle,LLC to Owner Sub pursuant to
the 2002 Purchase Agreement,each under the Weld Country USR permit issued in the
name of Operator, With respect to the respective rights and obligations of Owner and
Owner Sub to Operator hereunder and the rights and obligations of Operator to Owner
and Owner Sub hereunder, notwithstanding any reference to "Owner" hereunder, all
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rights and obligations of"Owner" hereunder shall accrue to end be borne by Owner
with respect to the Original Facilities (and conformingly with respect to Operator's
rights and obligations with respect to the Original Facilities), and all rights and
obligations crewman hereunder shall accrue to and be borne by Owner Sub with
respect to the Additional Facility(and conformingly with respect to Operator's rights
and obligations with respect to the Additional Facility)."
(e) .Amendment to Section 3.1. Section 3.1 of the Agreement shall be amended by
soiling"$50,000," and replacing it with the phrase"$75,000, of which $50,000 shall
be attributable to the Original Facilities and payable by Owner and $25,000 shall be
attributable to the Additional Facility and payable by Owner Sub(and, in accordance
with Section 1.6, all rights and obligations attributable to "Owner" under this Section
3.1 shall mean the rights and obligations of Owner, with respect to the Original
Facilities, and shall mean the rights and obligations of Owner Sub, with respect to the
Additional Facility), which operator's fee shall be". [Issue: Should CPI Adhesrment
pn'visipn be eliminated?!
Section 3. Pfcctiveness of Amendment. This Amendment shall be effective as of the
date first above written, and all xcf'wetces to the Agreement, including the terms "this Agreement,"
"hereof;" "herein" and the Me contained in the Agreement shall, as of and after such date, be deemed
to be references to the Agreement as modified by the terms of this Amendment Except as and to the
extent expressly modified by the terms of this Amendment, the Agreement shall remain in fall force
and effect in accordance with its terms.
Section 4. Governing Law. This Amendment shall in all respects be governed by and
construed in accordance with the internal substantive laws of the State of Colorado,irrespective of the
law that would govern under applicable principles of choice or conflicts of law.
Section 5. Successors and Assigns This Amendment shall inure to the benefit of and be
binding upon the parties hereto and their respective successors and petmltted assigns.
Section 6. CCaptions. The captions used herein are solely for convenience of
reference and shall not be given any effect in the construction or interpretation of this Amendment.
Section 7. Counterparts. This Amendment may be executed in any number of
counterparts (including counterparts executed by less than all parties hereto), each of which shall be
deemed an original,but all of which together shall constitute one and the same instrument.
a * * * *
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IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be executed and
delivered by their respective duly authorized officers,effective as of the date first written above.
OPERATOR:
CONQUEST OIL COMPANY
By:
Its:
SLR:
MARCUM MIDSTREAM 1995-2 BUSINESS
TRUST
By:Marcum Gas Transmission,Inc.,
Its Managing Trustee
By:
Its:
OWNER SUB:
MARCUM MIDSTREAM 1995-2 EC
HOLDING,LLC
By: Marcum Mdstream 1995-2 Business'Dust,
Its Manager
By:Marcum Gas Transmission,Inc.,
Its Managing Trustee
By:
Its:
WIO0N1 4
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DISPOSAL FACILITIES OPERATING AGREEMENT
THIS AGREEMENT dated February 8, 1996(this"Agreement")is between
CONQUEST OIL COMPANY,a Colorado corporation("Operator"), 1610 29th Avenue Place,
Suite 200, Greeley, Colorado 80631,and MARCUM MIDSTREAM 1995-2 BUSINESS
TRUST,a Delaware business trust("Owner"), 1675 Broadway, Suite 2200,Denver,Colorado
80202.
RECITALS
A. Pursuant to that Option Purchase Agreement dated September 8, 1995 (the
"Purchase Agreement"),Owner purchased from Operator certain Assets as defined therein,
which included certain produced water disposal facilities located in Weld County,Colorado,and
the real property interests,equipment and other personal property,permits,contract rights and
other property and rights associated therewith. As used herein, "Facilities" shall mean the
disposal facilities described on Exhibit A attached hereto and the other Assets(as defined in the
Purchase Agreement)conveyed by Operator to Owner pursuant to the Purchase Agreement.
B. Owner desires to retain Operator to operate the Facilities and the parties
desire to set forth herein their agreement concerning the Operator's operation of the Facilities.
eigREFMENT
In consideration of the mutual promises and covenants contained herein and other
good and valuable consideration,the receipt and sufficiency of which is acknowledged by the
parties,Owner and Operator hereby agree as follows:
ARTICLE 1
OPERATION OtflCUT.1TIES
1.1 Duties of Operator. Operator shall supervise and pa.nu or have
performed all operations,maintenance,and repair of the Facilities or any modifications thereto
and conduct all operations hereunder in a good and workmanlike manner,and,in the absence of
specific instructions from Owner, shall have the right and duty to act in accordance with standard
industry practices and with its best judgment of what a prudent operator would do under the same
or similar circumstances(the"Prudent Operator Standard"). Operator shall have no liability to
Owner for losses sustained or liabilities incurred,except as may result from the gross negligence
or wand misconduct of Operator,its agents,any subcontractor,anyone directly or indirectly
employed by any of them or anyone for whose acts any of than may be liable,or except which
reasonably could have been prevented by Operator through supervision in accordance with the
Prudent Operator Standard. Operator shall consult with Owner and keep Owner informed of all
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matters arising under the operation and maintenance of the Facilities which,in the exercise of its
best judgment, it considers important and,upon reasonable request of Owner,of any and all other
matters relating thereto. Any material plan or significant change in operation,maintenance,
alteration or enlargement of the Facilities shall require the prior written consent of Owner.
Without limiting the foregoing and subject to such restrictions and the other provisions of this
Agreement,Operator shall carry out the following specific duties:
(a) Operator shall supervise all operations of the Facilities,ptafouu all
acts necessary to fulfill the obligations of Operator and the Owner under all contracts relating to
the Facilities and supervise all other matters necessary for the full accomplishment of the
purposes of this Agreement.
(b) Operator shall operate the Facilities in accordance with the
procedures currently being used, subject to amendments to such procedures as agreed to by
Operator and Owner. .
(c) Operator shall conduct marketing activities regarding the Facilities
in the same manner as currently conducted,subject to such changes as agreed to by Operator and
Owner. Operator shall have the authority to enter into contracts with customers for disposal of
fluids at the Facilities not to exceed 500 barrels per day,provided that such contracts provide for
a disposal fee not lower than the current lowest disposal fees being charged at the Facilities. Any
disposal contacts not in accordance with the foregoing terms shall require the prior written
approval of Owner.
(d) Operator shall select Facilities personnel,the number of personnel
and their job responsibilities and training,their hours of labor and pay,and the salaries and
benefits of such Facilities personnel. All personnel matters shall be conducted by Operator in
accordance with the Personnel Mamral to be attached hereto as Exhibit D when it has been
completed. All Facilities personnel shall be employees of Operator,or independent contractors
selected by Operator. Without Owner's prior written consent,the number of Facilities personnel
shall not exceed the number of personnel stated in the budget established pursuant to Article 2
for the year in question-
,
(e) Operator shall directly and promptly pay and discharge all costs and
expenses incurred in connection with the operation,maintenance and repair of the Facilities
pursuant to the procedures set forth in Article 2. Operator shall establish and maintain an
accounting system(with internal controls approved by Owner)regarding operation of the
Facilities,payment of expenses end collection of revenues,and Operator shall invoice all
customers of the Facilities on a monthly basis.
(f) Operator shall keep the Facilities and all real property,personal
property and equipment associated therewith free and clear of all liens and encumbrances on
account of any claims arising out of operation of the Facilities. Operator shall give Owner
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written notice of the filing of any lien or encumbrance against the Facilities within five days after
Operator receives notice of such filing.
(g) Operator shall abide by and conform to all applicable laws,orders,
rules and regulations of any governmental authorities having jurisdiction over the Facilities,and
prepare and timely submit to the proper authorities all reports required by law in connection with
the ownership,maintenance and operation of the Facilities. Operator shall provide Owner with
copies of all such reports within ten days after filing. Operator shall secure on Owner's behalf
and hold either in Owner's name or in Operator's name(as directed by Owner)and maintain in
full force and effect all necessary licenses,permits,consents and approvals for the ownership,
maintenance and operation of the Facilities.
(h) Operator shall construct or cause to be constructed all additions,
alterations or improvements to the Facilities approved pursuant to the budget procedures of
Article 2. Notwitbatanding such budget procedures,Operator may make such expenditures and
incur such liabilities as in its sole judgment may be necessary to prevent or minimize loss or
destruction of Facilities property or personal injury or death in the event of emergency,in which
case Owner shall be notified as soon as practicable as to the amount and the cause for such
expenditure.
(i) Operator shall conduct all tests and measurements necessary and
appropriate for the operation of the Facilities in accordance with reasonable and prudent industry
practice and applicable laws and regulations. Copies of test results shall be furnished to Owner
upon request and shall be kept current and immediately accessible at all times at the Facilities.
(j) Operator shall maintain custody of all Records regarding the Facility
purchased by Owner under the Option Purchase Agreement described in Section 4.1(b)as the
term"Records" is defined therein,and shall provide to Owner copies of such Records as Owner
may reasonably request.
1.2 Safety Reeponsibilitier Operator shall be responsible for initiating,
maintaining and supervising all safety precautions and programs in connection with operation of
the Facilities. It shall take all reasonable precautions for the safety of,and shall provide all
reasonable protection to prevent damage,injury or lose to(a)all Facilities employees and other
persons who may be affected thereby,(b)all materials,equipment and other property at the
Facilities or adjacent thereto,and(c)the environment Operator shall prepare and keep current
written safety manuals complying with prudent industry standards,which manuals shall be in a
form approved by Owner. Operator shall give all notices and comply with all applicable federal,
state and local laws,ordinanr.c,rules,regulations,codes,orders and other directives and
requirements of all governmental authorities bearing ors the safety of persons and property and
their protection from damage,injury or loss. Operator shall furnish to Owner copies of all
governmental orders,citations and notices of any kind relating to safety immediately upon
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I
receipt by Operator. Operator shall cooperate in any safety inspections conducted by Owner and
any and all governmental authorities having jurisdiction.
1.3 Property Damage;Permute Injury. Operator shall promptly provide to
Owner a detailed written report on any property damage or personal injury arising on or in
connection with the Facilities. Operator shall promptly remedy,to Owner's satisfaction,all
damage or loss to any property(including,but not limited to,any property at the Facilities or
elsewhere),caused in whole or in part by Operator,any subcontractor or anyone directly or
indirectly employed by any of them,or by anyone for whose acts any of them may be liable,but
only to the extent such damage or loss is(a)attributable to the gross negligence or willful
misconduct of Operator's employees or agents or(b)reasonably could have been prevented by
Operator through supervision in accordance with the Prudent Operator Standard. If Operator
fails to promptly remedy,to Owner's satisfaction,any damage or loss to any property described
in the immediately preceding sentence,then Owner shall have the right,but not the obligation,to
remedy such damage or loss. In such event,Operator shall immediately upon demand reimburse
Owner for all costs incurred by Owner in remedying such damage or loss.
1.4 luting. Operator shall test all pressure meters and the injection pump
meters used by the Facilities at least once each quarter for accuracy of measurement. Owner
shall have the right to witness Operator's measurement tests and calibration,if any,done to
correct meters and gauges. If Owner requests a special test of any measuring equipment at the
Facilities, Operator and Owner shall cooperate to secure a prompt verification of the accuracy of
such measuring equipment. The cost of special tests shall be borne by Owner if the measurement
equipment is found to be registering accurately. Operator shall give Owner notice of the time of
all testa of measurement equipment reasonably in advance of such test in order that Owner may
conveniently have a representative present.
1.5 preservation of Rarer& Operator shall maintain all books,records or
charts for at least five years following the end of the calendar year to which they apply. All such
records shall be the property of Owner and shall not be removed from the Facilities.
ARTICLE 2
BUDGET PROC EflURFS
2.1 Budgsp. (a) Operator shall prepare and submit to Owner for its approval
annual budgets covering(i)estimated costs and expenses for operation and anticipated
maintenance of the Facilities and(ii)planned capital expenditures,if any. The budget for the
remainder of the calendar year in which this Agreement is executed has been prepared and
approved by the parties simultaneously with the execution hereof and is attached hereto as
Exhibit B. Such budgets for succeeding calendar years shall be prepared by Operator in a format
similar to Exhibit B and submitted to Owner for its approval on or before October 1st for the
following calendar year. Budgets shall set forth estimated expenditures for monthly periods.
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Tentative annual budgets shall be approved in writing as submitted or as modified by Owner
each year prior to December 15. Notwithstanding the budget,Operator will use its reasonable
best efforts to obtain competitive pricing on all expense items, services,equipment and
expenditures,considering the need, quality and timeliness of services.
(b) Operator shall establish an operating account(the"Operating
Account")for the Facilities at First Choice Bank,Greeley,Colorado or such other bank as
approved by Owner,and such account shall be kept entirely separate from Operator's other
accounts. Operator shall directly and promptly pay and discharge out of the Operating Account
all costs and expenses incurred in connection with the operation,maintenance and repair of the
Facilities. Operator shall keep an accurate and itemized record of all costs and expenses paid
with regard to the Facilities. The budget set forth in Exhibit B provides for a two-month advance
to be made by Owner to Operator upon execution of this Agreement to provide finds for
payment of such operating expenses for the first two calendar months of operations hereunder.
After such initial two-month period,Owner will advance to Operator on or before the third
business day of each calendar month the budgeted amount allocated for such month in the
approved budget for that calendar year. Such advances shall be made by Owner directly into the
Operating Account. In addition,if projected capital expenditures due to be made in any calendar
month exceed such amount,then Operator may request that the advance for such month be
increased to include an amount sufficient to cover such capital expenditures. Such a request shall
be made in writing not later than ten days prior to the due date of the advance. Operator shall
review actual expenditures on a quarterly basis and report the results of such review to Owner for
its consideration. If actual expenditures are lower than budgeted amounts an appropriate refund
that is mutually acceptable to Operator and Owner shall be made to Owner.
(a) Operator will prepare and deliver to Owner a monthly operations
report on or before the 20th day of each calendar month covering the prior calendar month's
operations. Such report shall include an accounting of all expenditures made or incurred during
such month,the volume of produced water or other fluids delivered to the Facilities Sr disposal,
an accounting by customer of amounts due from customers for amounts delivered for disposal in
such month and the status of accounts receivable for prior months'operations,and such other
data and information as may be necessary for proper accounting. All line item variances of
$1,000,either positive or negative,from the approved budget shall be given a written
explanation.
(d) Except as specifically set forth in a budget,Operator shall have
Owner's prior written approval for the sale of any tangible personal property at the Facilities
(other than sales recovered oil)having a value,at the time of sale,in excess of$1,000.
(e) If at any time during the calendar year Operator determines the
approved budget will not be sufficient to cover operating and capital expenditure costs for that
year,it shall promptly advise Owner and the parties shall attempt to agree on appropriate
amendments to the budget.
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ARTICLE 3
DiERAnaggmngs
3.1 Comnamma 1. Operator shall receive as compensation for carrying out its
obligations hereunder an annual operator's fee o
ar
days after Owner's receipt of the monthly operations report for month submitted pursuant to
Section 2.1(c),but in no event later than the 25th day of the following month provided such
report has been received by that date. If such report is not received by that date then the monthly
installment shall be due three days after Owner's receipt of such report Operator also shall be
reimbursed by Owner for all direct out of pocket expenses paid or incurred by Operator in
connection with the operation of the Facilities as set forth in budgets approved pursuant to
Section 2.1. Operator shall not be reimbursed for any general or administrative expenses
associated with its Greeley office in carrying out its obligations hereunder,it being the parties'
intent that such general and administrative expenses shall be covered by the operator's fee. The
amount of the operator's fee shall be increased or decreased each calendar year commencing with
1997 by an amount which shall be calculated by comparing the Consumer Price Index,All Urban
Consumers—U.S. City Average—All Items(1982-1984 equals 100)(the"Index")for the first day
of each calendar year,with the Index An January 1, 1996. The operator's fee shall be increased
or decreased by the percentage change,if any,in the Index.
ARTICLE 4
DUIEBIBMCalial
4.1 Indemnification. (a) Operator shall indemnify and hold harmless Owner,
its members and their respective trustees,officers,directors,members,managers,agents and
employees from and against all claims,damages,losses and expenses,including,but not limited
to, attorneys'fees,in any way arising out of or resulting from(i)operation of the Facilities and
attributable to the gross negligence or willful misconduct of Operator,its agents,any
subcontractor,anyone directly or indirectly employed by any of than or anyone for whose acts
any of them may be liable,or which reasonably could have been prevented by Operator through
supervision in accordance with the Prudent Operator Standard, (ii)any breach of;or failure to
comply with,any term or provision of this Agreement by Operator,its agents,any subcontractor,
anyone directly or indirectly employed by any of them or anyone for whose acts any of them
may be liable,or(iii)the enforcement of Owner's rights under thia indemnity. The indemnity
obligation of Operator under this Section 4.1 shall not be construed to negate,abridge or
otherwise reduce any right or obligation of indemnity which would otherwise exist as to any
petty or person described in this Section 4.1. In any and all claims against Owner or its
members,or any of their respective officers,directors,agents or employees by any employee of
Operator,its agents,any subcontractor,anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable,the indemnification obligation under this
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Section 4.1 shall not be limited by the limitation on the amount or type of damages,
compensation or benefits payable by or for Operator,its agents or any subcontractor under
workers'or workmen's compensation acts,disability benefit acts or other employee benefit acts.
(b) Operator's liability under Section 4.1(a)shall be subject to the following
limitations:
(i) Operator's indemnity shall cover lost profits only in the event that an
event subject to such indemnity causes an intermption of operations of the Facilities lasting for
more than 30 days,and in such event Operator's liability for lost profits shall not exceed$5,500
per day commencing with the 31st day of such interruption.
(ii) In addition,Operator's liability for lost profits under Section 4.1(a)
shall not exceed,in the aggregate,the portion of the Deferred Purchase Amount(as defined in
that certain Option Purchase Agreement dated September 8, 1995 between Conquest Disposal
Service Ltd.Liability Co.and Marcum Gas Transmission,Inc.)that remains unpaid on the date
of the event giving rise to the liability.
ARTICLE 5
JNSilj2ANf'F,
5.1 Inarnititaninmsati.At all times during the terra of this Agreement,
Operator shall comply with the Worker's Compensation Laws of the State of Colorado. Operator
shall require all subcontractors,engaged in work at or for the benefit of the Faciiities,to comply
with the Worker's Compensation Laws of the State of Colorado. Operator shall,at all times
during the term of this Agreement,maintain the insurance coverage set forth on Exhibit C.
All such insurance(i)shall be carried by an acceptable company or companies;
(ii)shall be maintained in full force and effect during the term of Ibis Agreement;and(iii)shall
not be canceled,altered or amended without thirty(30)days'prior written notice to Owner. Each
policy shall be endorsed to name Owner as additional insured with respect to operation of the
Plant. Simultaneously with the execution of this Agreement Operator shall provide a Certificate
of Insurance evidencing the coverages set forth in this Agreement,naming Owner as an
additional insured party. Operator shall give Owner prompt written notice of any inspections of
the Facilities to be conducted by any insurance carrier so that Owner may have a representative
present for such inspection.
N743J9w,6 -7-
AUG-13-2002 TUE 11 :20 AM WELD CO GOVT FAX NO. 9703520242 P. 16
Jul • 12 . 2002 4: 29PM West Greeley Law Center No•9195 P . 9/13
ARTICLE 6
FORCE MA.WIJRR
6.1 Eargyjnaigurg• The term"Force Majeure"shall mean an act of God,
strike, lookout or other labor dispute,failure or inability to obtain(at a reasonable cost)any
required governmental permit,approval or authorization,act of a public enemy,war(whether
declared or undeclared),blockade,revolution,riot,insurrection,civil commotion,lightning,fire,
storm,flood,earthquake,explosion,governmental restraint or embargo,the inability of a party to
obtain caitical equipment,transport,material or supplies,or any other cause,whether of a kind
specifically enumerated above or otherwise,which is not reasonably within the control of the
party claiming an event of Force Majeure. A party claiming an event of Force Majeure shall give
notice of such fact to the other party within 24 hours of the occurrence of the event in question.
Such notice shall describe the event in question,including the time and date of its occurrence,
shall describe the performance hereunder which is prevented or reduced by such occurrence,
shall provide the party's best estimate of the period of time that its performance will be prevented
or reduced by such event and will outline generally the steps which the party in question intends
to take in order to cure the event of Force Majeure and resume its full performance under this
Agreement. The patty giving such notice shall use commercially reasonable diligence to resume
the performance of its obligations under this Agreement,as soon as possible and shall keep the
other party reasonably apprised of its efforts to eliminate or overcome the event of Force
Majeure;provided,however,that the foregoing requirement of diligence shall not compel a party
suffering an event of Force Majeure to accede to any demand or position of any other person
involved in a strike,lockout or other difference with workmen,nor shall such requirement
impose upon such party an obligation to make expeadituros which it deems extraordinary or
unreasonable in order to cure such event of Force Majeure. Neither party shall be responsible or
liable to the other for damages or expenses incurred or sustained because of any delay or failure
to perform which is the result of an event of Force Majeure.
ARTICLE 7
SUBCON'I'ItA.CI'ING;ASSIGNMENT
7.1 Subcontracting. (a) Operator shall not subcontract any portion of its
obligations under this Agreement without Owner's prior written consent
(b) Operator shall be responsible for the control and supervision of its
subcontractors,if any. Nothing in this Agreement shall,or is intended to,create any contractual
relationship between Owner and any subcontractor,nor any obligation on the pert of Owner to
pay directly any money due any subcontractor.
7,2 Anlggmpt. Except as otherwise provided herein,neither this Agreement
nor any claim against Owner arising directly or indirectly out of or in connection with this
Xt4289-v.$ -8-
AUG-13-2002 TUE 11 21 AM WELD CO GOVT FAX NO. 9703520242 P. 17
Jul . 12, 2002 4:29PM West Greeley Law Center No.9195 P . 10/13
Agreement shall be assignable or transferable by Operator,without the prior written consent of
Owner.
ARTICLE 8
PRIVILEGES OF OWNER
8.1 Default or Nonwaiver No waiver by Owner of any one or more defaults
by Operator in the performance of any provisions of this Agreement shall operate or be construed
as a waiver of any future default or defaults,whether of a like or different character.
8.2 Right of Audit Owner shall have the right at its own expense to examine
and audit at any time the books,records and charts of Operator to the extent necessary to verify
the accuracy of any statement,charge,computation or demand made under or pursuant to any of
the provisions of this Agreement Within 60 days after the receipt of the initial audit import,
Operator shall make the necessary adjustments to the accounts and/or respond with a complete
explanation of the denials)of the audit exception(s). Operator shall not be required to maintain
books,records or charts for a period of more than five years following the end of the calendar
year to which they are applicable. Owner and any of its members shall have no right to question
or contest any charge or credit if the matter is not called to the attention of Operator in writing
within three years of the end of the calendar year in question.
8.3 Right of Tnapert(gtt. Operator at any time shall permit personnel of Owner
access to the Facilities and the right to observe the operations being carsied on for any and all
purposes relative to this Agreement,subject to Operator's security and safety precautions.
ARTICLE 9
AREA QF MUT[TAT,INTER 'El
9.1 AnadMutualintaratsuiNamCsunDstilita (a) Doting the tenor of
this Agreement,if Owner,Operator or any shareholder or affiliate of Operator identifies or
acquires any Opportunity(as defined in Section 9.1(b)below),then it shall promptly provide
written notice of such Opportunity to the other party. Such notice shall contain reasonably
complete information concerning such Opportunity and the participation cost related thereto.
The other party shall have the option for 30 days from receipt of the notice to elect to participate
in 50%of such Opportunity on an actual cost basis. Such option shall be exercised by written
notice to the notifying party committing the other party electing to participate to pay its share of
costs within 7 days after written request therefor from the notifying party. If the other party
elects not to participate in such Opportunity,the notifying party shall be free to deal with the
Opportunity in such manner as it sees fit.
murAvs -9-
AUG-13-2002 TUE 11 :21 AM WELD CO GOVT FAX NO, 9703520242 P. 18
Jul . 12. 2002 4:29PM West Greeley Law Center No• 9195 P. 11/13
(b) For purposes of this Section 9.1,an"Opportunity"shall mean an
acquisition of;or opportunity to make an investment,whether directly or indirectly,equity or
otherwise,in:(1)any entity engaged in the produced water disposal or directly related business
(but excluding oil and gas drilling and producing property acquisition)within a 60 mile radius of
any of the Facilities(the"Territory");(ii)any water disposal facility located within the Territory
that would compete with or adversely affect the Facilities;or(iii)any other activity,either inside
or outside of the Territory,that is reasonably likely to have a material economic effect on the
Facilities.
(c) During the term of this Agreement,no party or any parry's members
or managers shall(i)take any action that would allow or assist any water disposal&cility either
inside or outside of the Territory to compete with the Facilities;(ii)take any action to compete
for or interfere with existing customers using the Facilities;or(iii)take or assist others in taking
lay other action that would adversely affect the Facilities.
ARTICLE 10
pr.NP.RAit PROVISIONS
10.1 Term• (a) 'This Agreement shall commence on the date hereof and will
continue until terminated as set forth below.
(b) Operator may terminate this Agreement at any time upon 90 days
prior written notice to Owner. Operator also may terminate this Agreement upon 30 days prior
written notice if necessary budget amendments under Section 21(e)are not agreed to or if
payments due from Owner hereunder are not made by Owner after notice of non-payment and a
ten-day cure period.
(c) Owner may terminate this Agreement at any time upon 30 days prior
written notice to Operator,provided that such action has been approved by a majority of Owner's
Board of Trustees. Owner also may terminate this Agreement immediately for good cause upon
written notice to Operator. For purposes hereof,"good cause"shall mean gross negligence,
willful misconduct,or the material breach or inability to meet the standards of operation or other
obligations of Operator under this Agreement
(d) After a notice of termination has been given by either party,
Operator shall continue to operate the Facilities in the manner provided in this Agreement until
the effective date of the termination specified in the notice. Opetatot shall cooperate in
instructing Owner's representatives or its designees on all operating and administrative
procedures concerning the Facilities and shall take all other reasonable steps to facilitate the
transfer of operations,including without limitation the transfer of any permits or licenses held in
Operator's name with regard to the Facilities and the delivery to Owner or its designee of all files,
records,procedures manuals and other written materials related to the Facilities.
naata.a -10-
AUG-13-2002 TUE 11 :21 AM WELD CO GOVT FAX NO. 9703520242 P. 19
Jul 12. 2002 4:30PM West Gres eV Law Center No.9195 P . 12/13
(e) Within 3O days after the effective date of termination Operator shall
deliver to Owner an accounting of all outstanding amounts for which Operator is entitled either
to reimbursement under the provisions of Article 2 above or payment under Section 3.1,and the
parties shall attempt to reach a final settlement of all such amounts within 30 days after delivery
of such accounting. Notwithstanding the foregoing,if this Agreement is terminated for good
cause Owner shall not be obligated to pay the portion of the operator's fee wader Section 3.1
attributable to periods after the date of the notice of termination.
102 RidatinnshilLeaaktikt. Operator is an independent contractor with
respect to the method and manner of performance of its obligations hereunder. Nothing herein or
in any course of dealing shall constitute Operator as an agent or employee of Owner in relation to
such methods or manners of performance. Operator shall hold Owner harmless from any and all
claims of whatever kind or nature(including reasonable attorney and expert fees)arising out of
any act or representation of Operator wintery to the terms of this section.
10.3 Mathis. Any notice or communication to be given pursuant to this
Contract shall be deemed sufficiently given if in writing and addressed to the designated
representative of the party to which the notice is directed;or to such other address as either party
may direct by proper written notice to the other. All such notices and communications shall be
effective upon receipt.
10.4 lam. Operator shall pay,and shall indemnify Owner against,all liability
(including penalties and interest and reasonable attorney and expert fees)for all taxes imposed
on,with respect to,or measured by amounts associated with performance of its obligations
hereunder,the compensation therefor.or the wages,salaries,and other remuneration paid to
persons employed or retained in connection with the petfonnance of this Agreement. Operator
shall have no liability for ad valorem and property taxes related to the Facilities. Operator will,
however,timely prepare,handle,file and audit all tax returns,negotiate to final settlement,and
pay,all ad valorem taxes, sales and use taxes,and any other taxes(other than income taxes)
arising out of the operation of the Facilities.
10.5 Rath-.Ageement. This Agreement sets forth the entire understanding
between the patties with respect to the subject matter hereof;superseding all negotiations and all
prior discussions,agreements and understandings of the parties.
10.6 Headings- The headings of articles and sections of this Agreement are for
convenience of reference only and shall not limit or otherwise affect any of the provisions of this
Agreement.
10.7 Refrrntnns. References made in this Agreement,including use of a
pronoun, shall be deemed to include where applicable masculine or feminine,singular or plural,
individuals,partnerships,corporations or unincorporated associations.
#7672G•v.6 -11'
AUG-13-2002 TUE 11 22 AM WELD CO GOVT FAX NO. 9703520242 P. 20
Ju ' ' 2. 2CO2 4: 30PM West Greeley Law Center No .9195 P . 13/l .
10.8 went. This Agreement may not be altered or amended,nor any
rights hereunder waived,except by an instrument executed by the party to be charged with such
amendment or waiver. No right or obligation of,or default by,Owner or Operator shall be
deemed waived by any other waiver of the same or any other right,obligation,or default,or by
any previous or subsequent forbearance or count of dealing.
10.9 Penning Law, This Agreement and the transactions contemplated herein
shall be construed in accordance with and governed by the laws of the State of Colorado.
10.10 Counterpart Execution. This Agreement may be executed in as many
counterparts as deemed necessary and,when so executed,shall have the same effect as if all
Parties bad executed the same instrument,
10,11 Waiver. Notwithstanding any other provision of this Agreement,no
waiver by either party or any breach or default in the performance of any of the covenants herein
contained to be performed by the other party shall operate or be construed as a waiver of any
other breach or default whether of a like or different character,neither shall any failure to
exercise any right hereunder be considered as a waiver of such right in the fixture.
Executed on the date first set forth above.
OPERATOR:
CONQUEST OIL COMPANY
By:_ 1
ti
Bruuce rent
OWNER;
MARCUM MIDSTREAM, 1995-2 BUSINESS
TRUST,a Delaware business trust
By: MARCUM OAS TRANSMISSION,INC.,
Managing Trustee
Richard M. Wenger,President
• uIne-TA -12-
DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue
Greeley, CO 80631
Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498
111 ip
COLORADO
April 15, 2002
Bruce White
Conquest Oil Company
1610 299'Avenue Place Suite 200
Greeley, CO 80631
Subject: RE-3308 A Recorded Exemption located on a parcel of land described as the N2 NW4 of Section
32,T4N, R65W of the 6th P.M., Weld County, Colorado.
Dear Applicant:
Your recorded exemption application is being processed. If it is determined that the application meets the
approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is
approved. If the staff determines that the application does not meet the approval criteria or if staff has
concerns with the application, staff may elect to forward the application for review to the Board of County
Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a
public hearing. You will be informed of the hearing date prior to the hearing. The Board of County
Commissioners will then consider your application and make a final decision on the recorded exemption.
If you have any questions concerning this matter, please call me.
Sincerely,
Monica aniels-Mika
Planner
Kim Ogle - 020816insp.doc Page 2
•
Mike Cervi
August 3, 2001
Page 2
6 li
C.
COLORADO DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT
1555 N 17TH AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
ADMINISTRATION (970) 304-6410
FAX (970) 304-6412
PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420
FAX (970) 304-6416
ENVIRONMENTAL HEALTH SERVICES (970) 304-6415
FAX (970)304-6411
August 19, 2002
Mike Cervi
Enviro-Cycle, LLC
P.O. Box 117
LaSalle,CO 80645
Subject: Enviro-Cycle, LLC—Third Quarter Inspection, 2002
Dear Mr. Cervi:
On August 16, 2002, a representative of the Weld County Department of Public Health and Environment,
conducted a routine inspection of Enviro-Cycle, LLC, located at 19094 Weld County Road 40, in Weld
County, Colorado. The purpose of the inspection was to inspect and assess the facility's compliance with
the Development Standards set forth in USR-1198.
On this day, it was observed that the site was in substantial compliance with USR-1198. However, one
Please provide in writing within fifteen (15) days, a written response addressing corrective action for the
above-mentioned deficiency. The corrective action should include the time that it will take to come into
compliance. Should you have any questions regarding this inspection, please contact me at (970)304-
0\ETCH\W ASTE\Envirccycle\0208161 nsp doc
Kim Ogle 020816insp.doc Page 3
•
Mike Cervi
August 3, 2001
Page 2
6415, extension 2220.
Sincerely,
Cindi Etcheverry
Environmental Specialist
Environmental Health Services
cc: Trevor Jiricek, Director, Environmental Health Services (email)
Kim Ogle, Department of Planning Services (email)
Bethany Salzman, Zoning Compliance Officer(email)
Board of County Commissioners (email)
Lee Morrison, County Attorney's Office(email)
Randall Ferguson, Colorado Oil &Gas Conservation Commission
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FIELD CHECK inspection date: May 6, 2002
CASE NUMBER: RE-3308
APPLICANT: Conquest Oil/Bruce White
LEGAL DESCRIPTION: n2nw4 32-4-65
LOCATION: Southwest corner of WCR 39 & WCR 40
Zoning Land Use
N A(Agricultural) N AG
E A(Agricultural) E AG
S A (Agricultural) S AG
W A (Agricultural) W AG
COMMENTS:
Whole area is full of oil wells, tanks
Ground consists of rolling hills
WCR 39 is paved
WCR 40 is dirt
Fence around proposed lot A. 10-12 foot screened for the neighbors to the
west.
‘erati' '
LWnige APPLICATION FLOW SHEET
COLORADO
APPLICANT: Conquest Oil / Bruce White CASE #:RE-3308
REQUEST: Recorded Exemption
LEGAL: N2 NW4 of Section 32, T4N, R65W of the 69' P.M., Weld County, Colorado.
LOCATION: South of and adjacent to WCR 40; east of WCR 39
PARCEL ID #: 1055 32 000027 ACRES: 67 +/-
Date By
Application Received 4/11/02 hand
Application Completed 4/11/02
Referrals listed 4/15/02 mdm
Design Review Meeting (PUD)
File assembled
Letter to applicant mailed "1 / tTJ/' 011;
Referrals mailed LIP P;
Chaindexed 44 . 11 , 02— b u t
Vicinity map prepared
Field check by DPS staff 5_ co - U2,, 'Ae&V'
Administrative Review decision:
Date By
County Commisioners Hearing Date (if applicable)
Surrounding property owners notified
Air photo and maps prepared
CC action:
CC resolution received
Recorded on maps and filed
Overlay Districts Road Impact Fee Area:
Zoning AG Yes No_X_
Airport Yes No_X_ SW Weld #1 #2 #3
Geologic Yes No_X_ Windsor
Flood Hazard Yes No_X
Panel #
APARTMENT OF PLANNING SERVICE& '
1 .5 N. 17th Avenue, Greeley, Colorado 006
Phone (970) 353-6100, Ext. 3540 - Fax# (970) 304-6498
APPLICATION FOR RECORDED EXEMPTION Application Fee Receipt Number Case Number 1Y-- )pq Recording Fee Receipt Number Zoning District
Application Checked By Planner Assigned to Case
TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures).
I (we), the undersigned hereby request that the following described property be designated a recorded
exemption by the Weld County Board of County Commissioners.
Lot B RE2367 a Portion of N1/2 NW1/4 Sec 32, T4N, 67.323
Legal-Description: R65W 6th P.M. , Weld County Total Acreage: Zoning AG
Parcel Number 1 0 5 5 3 2 0 0 0 0 2 7 (12 digit number- found on Tax I.D. Information or
obtained at the Assessor's Office).
Has this property been divided from or had divided from it any other property since August 30, 1972?
Yes x No
Is this parcel of land under consideration the total contiguous land owned by the applicant?
Yes x No
Does the parcel of land under consideration lie in any of the following Overlay Districts?
Flood Hazard: Yes_ No x ; Airport: Yes_ No x ; Geological Hazard: Yes No x
FEE OWNERS OF PROPERTY
Name: Envirocycle LLC Home Phone# Work Phone#970/284-5610
Address' 103 Sierra Street City/State/Zip Code Sterling, CO 80751
Conquest Oil Company by Bruce phone# 970/356 5560
Applicant or Authorized Agent: B Whi to Presi dent
Address: Suite
10 29th Avenue Place City/State/Zip Code Greeley, CO 80631
Name: Home Phone# Work Phone#
Address: City/State/Zip Code
Larger Parcel Smaller Parcel Smaller Parcel
Applicable only for 3-lot
Recorded Exemption
Water Source Central Weld Co Central Weld Co
Water District Water Dictrirt
Type of Sewer Septic Septi
Proposed Use Agriculture / USR Injection Well
Residential
Acreage
Existing Dwellings
Yes or No
Existing Dwellings Address (if applicable):
Larger Parcel Smaller Parcel 19094 WCR 40, LaSalle, CO 30645
Smaller Parcel(applicable only for 3-lot Recorded Exemption)
I hereby state that all statements, proposals, or plans submitted with t application are tru and correct to
the best of my knowledge.
est 0'1 om a
v: 1/3/01 t n re. ed Agent
By. uce B. White, President
6
RECORDED EXEMPTION QUESTIONNAIRE
Applicant, Conquest Oil Company, submits the following responses to the Recorded
Exemption Questionnaire.
1. Water supply statements addressing the following:
a. Domestic Use. The statement will include evidence that a water supply of
sufficient quality, quantity and dependability will be available to serve all proposed lots. A letter
from a water district, municipality, or a well permit are examples of evidence for domestic use.
b. Irrigation Water. The statement will include the type and quantity of irrigation
water to the site, whether irrigation water has been removed from the site and, if so, when.
RESPONSE: See attached letter from Central Weld County Water District
2. A statement explaining that the proposed lots will have an adequate means for the
disposal of sewage in compliance with the requirements of the underlying zone district and the
Weld County Department of Public Health and Environment. A copy of the septic permit or a
letter from the sewage disposal facility must accompany the application.
RESPONSE: See attached Weld County Board of Health Engineer Designed System Review
letter, and Permit No. SP-9900477.
3. A description of how the property is being used. When the parcel(s) is located in the
agricultural zone district, the description shall include approximate acreage of prime and
nonprime farmland as defined in Chapter 22 of the Weld County Code, number and types of
livestock and any existing improvements such as the principal residence, labor home, mobile
home, manufactured home, barn, outbuildings, irrigation ditches, and oil well production
facilities on the property.
RESPONSE: The small parcel is a Use by Special Review Permit Injection Well. The large
parcel will remain in agricultural production. Approximately 51.716 acres are in agricultural
production, and the remaining acreage is surrounding the Injection Well.
4. The reason for the proposed recorded exemption with an explanation how each lot will be
used.
RESPONSE: The Injection Well is being sold. The requested recorded exemption is to separate
the Injection Well property from the remaining acreage. The Injection Well lot will continue in
its present use, and the large lot will continue in agriculture for crop production and/or for a
residence.
5. A description of the location, size, and present use of the area where the proposed new
lot(s) will be created.
RESPONSE: The description of the location, size, and present use of the area is shown on the
attached map. The size of Lot A is approximately 15.607 acres, and Lot B is approximately
51.716 acres. Lot A is an Injection Well. Lot B is agricultural and will remain agricultural.
6. A statement describing any unique physical characteristics on the site, if applicable.
RESPONSE: There are no unique physical characteristics on the site, except that there is an
Injection Well (USR Permit 1198)on proposed Lot A.
7. A statement indicating that all proposed or existing structures will or do meet minimum
setback and offset requirements for the zone district in which the property is located.
RESPONSE: Applicant believes all existing structures meet the minimum setback and offset
requirements for the agriculture zone district. No new construction is proposed at this time.
8. A statement indicating whether the applicant is willing to place a conservation easement
on the property to maintain farm production or open space.
RESPONSE: At this time, Applicant is not willing to place a conservation easement on the
property to maintain farm production or open space.
9. A statement indicating whether indicating whether a primary building envelope and/or
alternative building envelope will be designated on any of the lots.
RESPONSE: Applicant is requesting two designated building envelopes for proposed Lot B.
Lot A has buildings on it relative to the Injection Well.
10. A statement explaining how the proposal is consistent with Chapter 22 of the Weld
County Code and any adopted municipal plan, and any approved intergovernmental
agreement(s), if applicable.
RESPONSE: Applicant does not believe there is a municipal plan or any approved
intergovernmental agreement(s) applicable to this application. Applicant believes the application
is consistent with the Weld County Comprehensive Plan and the agricultural zone. The
requested recorded exemption will not remove any property from agricultural production at this
time. The requested building envelope in Lot B is for possible future construction, and will not
adversely impact the demand for governmental services.
2
11. A statement explaining how the proposed uses will be compatible with existing
surrounding land uses.
RESPONSE: The proposed use will not change. The present use is compatible with the
existing surrounding land uses.
12. A statement explaining how the proposal is consistent with the intent of the district it is
located within as expressed in Chapters 22 and 23 of the Weld County Code.
RESPONSE: Lot A will remain as an Injection Well. Lot B will remain agriculture with the
possibility in the future of a residence being constructed thereon. The application is consistent
with the intent of the agricultural zoned district and will not interfere or frustrate the intent and
policies of the zoning district. The granting of the recorded exemption will not impact
agricultural production and is consistent with various policies of the Weld County
Comprehensive Plan. The application is consistent with the Weld County Zoning Ordinances
and the Comprehensive Plan, and, in particular, Policies 4.1 through 4.1.8 of§ 22-2-60 D. 2. of
the Comprehensive Plan. There will be minimal impact upon Weld County. The small lot will
continue as an Injection Well and the large lot will continue in farm production.
13. A statement explaining how the proposal is consistent with efficient and orderly
development as defined in the Weld County Code, Section 24-1-30; as defined below:
Assist orderly and integrated development
Promote the health, safety, and general welfare of the residents of the County
Ensure conformance of land subdivision plans with the public improvement
plans of the County and its various municipalities
Ensure coordination with public municipal improvement plans and programs
Encourage well planned subdivision by establishing adequate standards for design
and improvement
Safeguard the interest of the public, the homeowners, and the subdivider
Securing equitable handling of all subdivision plans by providing uniform
procedures and standards
Preventing loss and injury from fire in wooded terrain
Preserve agricultural land and promote its most productive agrarian use
Ensure irrigation water currently associated with a farm or rural unit of land will be
retained for agricultural uses
Preserve natural vegetation and cover and promote the natural beauty of the County
Prevent and control erosion, sedimentation, and other pollution of surface and
subsurface water
Prevent flood damage to persons and properties and minimize expenditures for
flood relief and flood control projects
Restrict or regulate building in flood hazard overlay district areas, shoreland, areas
covered by poor soils or in areas poorly suited for building or construction
3
Prevent loss and injury from land slides, mud flows, and other geologic hazards
Provide adequate space for future development of schools and parks to serve
the population
RESPONSE: The application is consistent with Weld County land subdivision plans. Applicant
is unaware of any objection to the proposal, nor any applicable municipality regulations.
Applicant does not believe there is any conflict between the proposal and any public municipal
improvement plans. Approval of the proposal will encourage well planned subdivision of
agricultural ground.
Applicant believes the proposal is consistent with and will safeguard the interest of the public,
the owners of the property, and establish defined legal ownership of the property and
improvements thereon as separate lots. The application is consistent and complies with the
uniform procedures and standards established by Weld County for subdivision plans.
The proposal will not injure or affect any wooded terrain. The proposal is consistent with and
preserves agricultural land and promotes the most productive use of the property.
The proposal will not be detrimental to or interfere with or cause the loss of any irrigation water
currently associated with the land. All such water will be retained for its current use.
The proposal will not interfere with, or be detrimental to, but will preserve the existing natural
vegetation and cover and promote the continued natural beauty of Weld County.
The proposal is consistent with and will not be detrimental to erosion control, and any other
pollution of the surface or subsurface water.
The proposal will not change any drainage or existing flood control procedures. The proposal
will not be detrimental to any persons or properties and will minimize expenditures for flood
control and relief.
The proposal will not lie in a flood hazard overlay district. The land within the proposal is not
subject to landslides, mud flows, or other geological hazards
The proposal will provide adequate space for future development of schools and parks to serve
the population and will not remove any properties or interfere with any such future plans for
schools and parks.
4
OTIS, COAN 8c, STEWART, LLC
ATTORNEYS AT LAW
Fred L.Otis The Doyle Building Fax:(970)330-2969
G.Brent Coan 1812 56th Avenue E-Mail:OCSLaw@aol.com
Michael D.Stewart Greeley,CO 80634 Denver Metro:(303)659-7576
J.Patrick Coleman (970)330-6700
April 11, 2002
HAND DELIVER
Ms. Monica Daniels Mica
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
RE: Recorded Exemption
Dear Ms. Daniels Mica:
Envirocycle LLC, property owner, has authorized Conquest Oil Company to act as its agent in
the enclosed requested Recorded Exemption.
Attached are the following:
1. Original Recorded Exemption Application and 9 copies.
2. Original Recorded Exemption Quesionnaire and 9 copies.
3. 8 1/2 x 11 inch map and 9 copies.
4. Weld County Road Access Information Sheet and 2 copies.
5. Warranty Deed.
6. April 5, 2002, Central Weld County Water District letter and 2 copies.
7. Weld County Department of Public Health and Environment Septic Permit
and 2 copies.
8. Certificate of Conveyances with attachments.
•
Report Date: 03/26/2002 10:27AM WELD COUNTY TREASURER Page: 1
STATEMENT OF TAXES DUE
SCHEDULE NO: R7965999
ASSESSED TO:
ENVIROCYCLE LLC
103 SIERRA ST
STERLING, CO 80751
LEGAL DESCRIPTION:
PT N2NW4 32-4-65 LOT B REC EXEMPT RE-2367(2.27R) SITUS: 19094 40 CR WELD 0
PARCEL: 105532000027 SITUS ADD: 19094 40 CR WELD
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2001 TAX 2,737.86 0.00 0.00 0.00 2,737.86
TOTAL TAXES 2,737.86
GRAND TOTAL DUE GOOD THROUGH 03/26/2002 2,737.86
ORIGINAL TAX BILLING FOR 2001 TAX DISTRICT 0128-
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 20.559 946.96 COMMERCIAL 152,541 44,240
SCHOOL DIST RE1 23.846 1,098.34 AGRICULTURAL L 6,284 1,820
NCW WATER 1.000 46.06
CCW WATER 0.871 40.12 TOTAL 158,825 46,060
CWC WATER 0.000 0.00
LASALLE FIRE 3.296 151.81
AIMS JUNIOR COL 6.620 304.92
WELD LIBRARY 3.249 149.65
59.441 2,737.86 - TAXES FOR 2001
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,
REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
P.O. Box 458
Greeley, CO 80632
(970) 353-3845 ext. 3290
•
Weld County Treasurer
Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes
Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes,
special assessments and prior tax liens currently due and payable connected with the parcel(s)
identified therein have been paid in full. The lien for the current year has attached for property
/• taxes and special assessments, but is not currently due and payable. / � � , � 4j.
Signed: Date: ‘,4;137 /12/9..-2,
/1 REFERRAL LIST /1
NAME: Conquest Oil/Bruce White CASE NUMBER: RE-3308
REFERRALS SENT:April 15, 2002 REFERRALS TO BE RECEIVED BY: May 8, 2002
COUNTY TOWNS and CITIES
X. Attorney Ault
_X Health Department Brighton
Extension Service Broomfield
Emergency Management Office Dacono
Sheriffs Office Eaton
_X Public Works Erie
Housing Authority _Evans
Airport Authority Firestone
Building Inspection Fort Lupton
Code Enforcement Frederick
STATE Garden City
Division of Water Resources Gilcrest
Geological Survey Greeley
Department of Health Grover
Department of Transportation Hudson
Historical Society Johnstown
Water Conservation Board Keenesburg
Oil and Gas Conservation Commission Kersey
Division of Wildlife: LaSalle
_X Loveland Lochbuie
Greeley Longmont
Division of Minerals/Geology _Mead
FIRE DISTRICTS Milliken
Ault F-1 New Raymer
Berthoud F-2 Northglenn
Briggsdale F-24 Nunn
Brighton F-3 Pierce
Eaton F-4 Platteville
Fort Lupton F-5 Severance
Galeton F-6 Thornton
Hudson F-7 Windsor
Johnstown F-8
_X La Salle F-9
Mountain View F-10 COUNTIES
Milliken F-11 Adams
Nunn F-12 Boulder
Pawnee F-22 Larimer
Platteville F-13
Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES
Poudre Valley F-15 US Army Corps of Engineers
Raymer F-2 USDA-APHIS Veterinary Service
Southeast Weld F-16 Federal Aviation Administration
Windsor/Severance F-17 Federal Communication Commission
Wiggins F-18
Union Colony F-20 SOIL CONSERVATION DISTRICTS
Brighton
OTHER Fort Collins
_X School District RE-1 _X Greeley
Ditch Company Longmont
_X_Speer Canal West Adams
Apr 29 02 03: 05p Mike Babler 303-776-6663
p. 1
Kit cif(111 p IiDc
Weld County Referral
COLORADO April 15, 2002
The Weld County Department of Planning Services has received the following item for review:
Applicant Conquest Oil/Bruce White Case Number RE-3308 •
Please Reply By May 8, 2002 Planner Monica Daniels-Mika
Project Recorded Exemption
Legal N2 NW4 of Section 32, T4N, R6SW of the 6th P.M.,Weld County, Colorado.
Location South of and adjacent to WCR 40; east of WCR 39. For a more precise location,
see legal.
•
Parcel Number 1055 32 000027
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
•
Signature na 1Svfe 0 417// e2q "la0.n vs—
Agency Coca - on-. cjLLY/ j,- Date 6,nx<-a-2)
4-Weld County Planning Dept. <r1555 N. 17th Ave.Greeley,CO.80631 4,(970)353-6100 ext.3540 4-(970)304-6498 fax
Weld County Planning Department
ifs t GREELEY OFFICE
MAY 1 2002
"Rik RECEIVED
Weld County Referral
COLORADO April 15, 2002
The Weld County Department of Planning Services has received the following item for review:
I
Applicant Conquest Oil/Bruce White Case Number RE-3308 lg
Please Reply By May 8, 2002 Planner Monica Daniels-Mika I
Project Recorded Exemption
Legal N2 NW4 of Section 32, T4N, R65W of the 6th P.M., Weld County, Colorado.
Location South of and adjacent to WCR 40; east of WCR 39. For a more precise location,
see legal. I j Parcel Number 1055 32 000027 I
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments: V aV kh V]
I (7
5cS)
Signature C' i)rosts____,
ArsWir
Agency \4 (i r j) Date
+Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 fax
Interoffice Memo
` kle •' ' r' To: Monica Daniels-Mika
so 4..+4.o, From: Ken Poncelow
co
L.-- cow ---x Date: May 21,2002
/ Subject: Case#RE3308 Applicant - Conquest Oil/Bruce White
The Sheriff's Office has no concerns with this recorded exemption.
• (it•
tVED
APR 1 8 2002
WELD COUNTY
tt M.MKT
p� Weld County Referral
COLORADO April 15, 2002
The Weld County Department of Planning Services has received the following item for review:
Applicant Conquest Oil/Bruce White Case Number RE-3308
Please Reply By May 8, 2002 Planner Monica Daniels-Mika
Project Recorded Exemption
Legal N2 NW4 of Section 32, T4N, R65W of the 6th P.M., Weld County, Colorado.
Location South of and adjacent to WCR 40; east of WCR 39. For a more precise location,
see legal.
Parcel Number 1055 32 000027
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
U We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
Signature .4._ ' - o
Agency Watt c 0-i Date
+Weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO. 80631 +(970)353-6100 ext.3540 :•(970)304-6498 fax
i ,
Weld County Planning Department
d GREELEY OFFICE
MAY 6 2002
MEMORANDUM
RECEIVED
TO: Monica Daniels-Mika DATE: May 2, 2002
Wipe Director of Planning Services
FROM: Donald Carroll, Engineering Administrator N
COLORADO
SUBJECT: RE-3308, Conquest Oil/Bruce White
The Weld County Public Works Department has reviewed this proposal. Our comments and
requirements are as follows:
COMMENTS:
WCR 39 is designated on the Transportation Plan Map as a collector status road, which requires
an 80-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is
maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code,
Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-
way line.
WCR 40 is designated on the Transportation Plan Map as a local gravel road, which requires an
60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is
maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code,
Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-
way line. (The road is paved with asphalt approximately 400 feet east of WCR 39 to the entrance
of the USR injection well site only.)
REQUIREMENTS:
The Weld County Public Works Department recommends approval of this application.
Utilize the existing USR access point from WCR 40. (Lot A)
The applicant shall utilize the existing access to the 51.75-acre parcel for future residential access
shown on the Exhibit and the Access Sheet. The access should be from WCR 40 to minimize
accesses to the collector status roadway. (Lot B)
Direct access from a public road shall be limited; only one access is allowed per legal residential
parcel. No circle drives will be allowed. In accordance with Chapter 8, Article II of the Weld County
Code, this policy shall apply to all new and existing accesses within the unincorporated areas of
Weld County. Properties within municipalities or other counties that access Weld County roads are
also subject to this policy. (Lot B)
Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the
property or become established as a result of the proposed development, the applicant/landowner
shall be responsible for controlling the noxious weeds.
pc: RE-3308 M:\WPFI LES\D0N-C\RE-4.wpd
otirslo
Memorandum
l TO: Monica Daniels-Mika, W.C. Planning
1 DATE: May 7, 2002
COLORADO FROM: Jri Peden, EH Services
CASE: RE-3308
APPLICANT: Conquest Oil / Bruce White
Environmental Health Services has reviewed this proposal; the following conditions are
recommended to be part of any approval:
1. A Weld County Septic Permit is required for the proposed home septic system
and shall be installed according to the Weld County Individual Sewage Disposal
Regulations.
Additionally, please note the following:
1) Refer to the original USR and the original RE.
Weld County planning Department
(‘7,-Pt_"Y OFFICE
MAY 7 200?
RECEIVED
M:\ENVIRONMENTAL HEALTH SERVICES\PLANNING\RE-33O8.rtf
a "
Weld County Planni_ , Department
APR 2 3 2002
RECEIVED
Hut.
Weld County Referral
COLORAD April 15, 2002
The Weld County Department of Planning Services has received the following item for review:
Applicant Conquest Oil/Bruce White Case Number RE-3308
Please Reply By May 8, 2002 Planner Monica Daniels-Mika
Project Recorded Exemption
Legal N2 NW4 of Section 32, T4N, R65W of the 6th P.M., Weld County, Colorado.
Location South of and adjacent to WCR 40; east of WCR 39. For a more precise location, '
see legal.
Parcel Number 1055 32 000027
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ , We have reviewed the request and find no conflicts with our interests.
21/ See attached letter.
Comments:
Signature A11rwmAJ _�1 n - acs atha
Agency a( (� r�c�aaQ , Date
_
•-Weld County Planning Dept. •71555 N. 17th Ave. Greeley,CO.80631 •7(970)353-6100 ext.3540 •:•(970)304-6498 fax
Weld County School District RE-1
Gilcrest • LaSalle •Platteville
P.O. Box 157
14827 W.C.R. 42
Gilcrest,CO 80623
Jo Barbie-Redmond, Superintendent Phone 970-737-2403
Bj Stone,Director of Curriculum and Staff Development Fax 970-737-2516
Ed Smith,Director of Auxiliary Services and Personnel Metro 303-629-9337
Jeff Cogburn,Director of Student Achievement
April 20, 2002
Weld County Planning Department
Attention Monica Daniels-Mika
1555 North 17th Avenue
Greeley, Colorado 80631
RE: Case Number RE-3308
Dear Ms. Daniels-Mika:
We have reviewed the request and have the following comments:
Weld County School District RE-1 has developed methodology for Land Dedication and/or In Lieu
Payments. The current In Lieu Payment amount per single family unit is $1,054.20. Based on the
information provided, it appears that there are plans to build a single family home on the larger parcel. The
total amount due the district prior to issuing a building permit is $1,054.20. It is our understanding that the
smaller parcel will remain an USR Injection Well.
Sincerely,
Jo Barbie-Redmond
Superintendent of Schools
Enclosure
pc: Conquest Oil/Bruce White, Agent
Cheryl Brewster, District Accountant
BOARD OF EDUCATION
Larry A.Ewing Cynthia Hochmiller Karl S.Yamaguchi Grant Ritchey Jack Baier Marsha Harris
President Vice President Secretary Treasurer Director Director
Our Total Commitment is to Provide an Exemplary Education and Safe Environment for all Students
File: FEE-E-1
EXHIBIT A
Methodology for Calculating Land Dedication Requirements
And In-Lieu Payments
Based on the School District Planning Standards contained in Exhibit B, calculation of land dedication
or in-lieu fees used the following procedures:
Yield Site Current Acres of Acres of Developed Cash in Lieu
Requirement Capacity Land Per Land Per Land Value Per Unit
Acres Requirement Student Unit Per Acre*
SINGLE
FAMILY
Elementary 0.400 12 485 0.02474 0.00990 $30,000.00 $297.00
P-5
Middle .0200 25 320 0.07813 0.01563 $30,000.00 $468.90
School 6-8
High 0.200 50 1040 0.04808 0.00962 $30,000.00 $288.60
School 9-12
Total 0.800 87 0.15094 0.03514 $1,054.20
District
MULTI-
FAMILY
UNIT
Elementary 0.100 12 485 0.02474 0.00247 $30,000.00 $74.10
P-5
Middle 0.060 25 320 0.07813 0.00469 $30,000.00 $140.70
School 6-8
High 0.040 50 1040 0.04806 0.00192 $30,000.00 $56.60
School 9-12
Total 0.200 87 0.00908 $272.40
District
Weld County School District RE-1,Gilcrest,Colorado 1 of 1
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Other Case No.
APPENDIX B
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department Date: April 9, 2002
1111 H Street,P.O. Box 758, Greeley,CO 80632
Phone: (970)356-4000, Ext. 3750 Fax: (970)304-6497
I. Applicant Name Conquest Oil Company Phone 970-356-5560
Address 1610 29th Ave. Pl. . Suite 200 City Greeley State CO Zip 80634
2. Address or location of access 19094 WCR 40, LaSalle, CO 80645
Section 32 Township 4 North Range 65 Went
Subdivision Block Lot
Weld County Road # 39 Side of Road West Distance from nearest intersection 400'
3. Is there an existing access to the property? Yes x No #of accesses 2
4. Proposed Use:
❑ Permanent ❑ Residential/Agricultural ❑ Industrial
0 Temporary ❑ Subdivision ® Commercial ❑ Other
**********************************************************************************************************
5. Site Sketch
Legend for Access Description:
VA
AG = Agricultural ($t lior,
RES = Residential ; �,,,
O&G = Oil&Gas " _ ,..e•
D.R. = Ditch Road I r e,t. K
A I E
It 1
***********************************************************************************************************
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
***********************************************************************************************************
❑ Installation authorized ❑ Information Insufficient
Reviewed By: Title:
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Applicant : ConqusUJim Goddard
Planner : Kim Ogle Case#: RE- 3308
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APR-02-02 12 :55 PM CE{fi(I 303,..1149 5532 P. 01
WARRANTY DEED
Grantor(s),
33 7 MP INVESTMENTS, LLC, a Colorado Limited Liability Company
whose address is 5801 W. 11th Street, Greeley, CO 80634
for the consideration of the sum of One Hundred Forty Four
Thousand and ho/100ths (5144,000.00)Dollars, in hand paid, hereby
sell(s) and convey(s) to
ENVIROCYCLE, LLC, a Colorado Limited Liability Company
whose legal address is: 103 Sierra Street, Sterling, CO 8075I
the following real property in the the County of Weld and State of Colorado, to wit:
Lot B of Recorded Exemption No. 1055-31-2-RE2367, recorded May 7, 1999 as Reception
No. 2692540, being a part of the Nl/2 of the WW1/4 of Section 32, Township 4 North,
Range 65 West of the 6th P.M., County of Weld, State of Colorado.
also known by street and number as: n/a
f..1-
with all its appurtenances, and warrant(s)the title to the same, subject to:
J
Signed this/O day of May, 1999.
MP INVESTMENTS, LLC, a Colorado
Limited Liability Company By: .tCe G• p / te---
Patrick B. Roche
Manager
State of Colorado )„
County of Weld )
The foregoing was acknowledged before me this 1G day of May, 1999, by Patrick B.
Roche, Manager of MP Investments, LLC, a Colorado Limited Liability Company.
•`r ' ` :�.pires:�Cr" . /prier/
• official! seal. • 9.rst,ie.< , %C MI-J."411
Notary Public
1111 7 05/17/19901 11 /11 1132 6P1 Weld County ty COHIE
- - - 2004337 03�00P CeunW C
Mdne tale liar LIRA 1 of 1 R 0.00 0 14.40 JA Sukl Teukaniote
WARRANTY DEED(SIMPLE) Na Cumm:odmed
Computerized Lepl Forme,Inc.P.O.Box 370424 Drover CO*0237 ., ., a
(303)7790]]6 O 1995 Ali rights rend.
APR-02-02 12 :35 RM CET''I 303 '\49 5532 R- 01
WARRANTY DEED
Grantor(s),
33 7 MP INVESTMENTS, LLC, a Colorado Limited Liability Company
whose address is 58O1 W. 11th Street, Greeley, CO 8O634
for the consideration of the sum of One Hundred Forty Four
Thousand and ho/100ths(S144,OOO.OO)Dollars, in hand paid, hereby
sells) and convey(s) to
ENVIROCYCLE, LLC, a Colorado Limited Liability Company
whose legal address is: 103 Sierra Street, Sterling, CO 80751
the following real property in the the County of Weld and State of Colorado, to wit:
Lot B of Recorded Exemption No. 1055-31-2-RE2367, recorded May 7, 1999 as Reception
No. 269254O, being a part of the NI/2 of the NW 1/4 of Section 32, Township 4 North,
Range 65 West of the 6th P.M., County of Weld, State of Colorado.
Cs
also known by street and number as: n/a
U-
�J with all its appurtenances, and warrant(s)the title to the same, subject to:
J
Signed this/O day of May, 1999.
MP INVESTMENTS, LLC, a Colorado
Limited Liability Company
By: .rzcC B S4 _
Patrick B. Roche
Manager
State of Colorado )
County of Weld )
The foregoing was acknowledged before me this 1� day of May, 1999, by Patrick B.
Roche, Manager of MP Investments, LLC, a Colorado Limited Liability Company.
of ara seal. ��r�, r �� 7i(r>•,.a..�..
!` Notary Public?its
� 1111111JP. dar 111111111111111 IIIII 111111111111 III III' lilt
8.0000.051000S 1.2814
1 of 1 R 0 tee'1888 P
D 14.40 JA Suit! Taukam.Weld County CO
t8.0000.051000S
WARRANTY DECO(SIMPLE)
Not Canseiesioned Approved.
Computerized Lepel Fans,Inc.P.O.Box 370414 Denver CO*0237 (303)779.4376 C 1991 AO n' ,u
CERTIFICATE OF CONVEYANCES
WELD COUNTY DEPARTMENT OF PLANNING SERVICES
STATE OF COLORADO)
COUNTY OF WELD ) Order No. WW63353
The WELD COUNTY TITLE COMPANY hereby certifies that it has made a
careful search of its records, and finds the following conveyances
affecting the real estate described herein since August 30 , 1972 , and
the most recent deed recorded prior to August 30, 1972 :
LEGAL DESCRIPTION:
Lot B of Recorded Exemption No. 1055-31-2-RE2367, recorded May 7, 1999
as Reception No. 2692540, being a part of the N1/2NW1/4 of Section 32 ,
Township 4 North, Range 65 West of the 6th P.M. , Weld County, Colorado.
CONVEYANCES (If none appear, so state) :
Book 616 Reception No. 1538225
Book 759 Reception No . 1680876
Book 1417 Reception No. 2364957
Book N/A Reception No. 2635150
Book N/A Reception No. 2635155
Book N/A Reception No. 2694357
Book Reception No.
Book Reception No .
Book Reception No.
Book Reception No.
Book Reception No.
Book Reception No.
Book Reception No.
This Certificate is made for the use and benefit of the Department of
Planning Services of Weld County, Colorado.
This Certificate is not to be construed as an Abstract of Title nor an
Opinion of Title, nor a Guarantee Title, and the liability of WELD
COUNTY TITLE COMPANY is hereby limited to the fee paid for this
Certificate .
In Witness Whereof, WELD COUNTY TITLE COMPANY has caused this
Certificate to be signed by its proper officer this 20th day of March,
2002 at 7 : 00 A.M.
WELD COUNTY TITLE COMPANY
By: Ap`�1�.
gigWorePI
WARRANTY DEED
Grentor(s),
337 MP INVESTMENTS,LLC,a Colorado Limited Liability Company
whose address is 5801 W. I Ith Street,Greeley,CO 80634
for the consideration of the sum of' One Hundred Forty Fou
Thousand and ho/100ths($144,000.00)Dollars,in hand paid,hereb
sell(s)and convey(s)to
ENVIROCYCLE,LLC,a Colorado Limited Liability Company
whose legal address is: 103 Sierra Street,Sterling,CO 80751
the following real property in the the County of Weld and State of Colorado,to wit:
Lot B of Recorded Exemption No. 1055-31-2-RE2367, recorded May 7, 1999 as Reception
No. 2692540,being a part of the N1/2 of'the NW I/4 of Section 32, Township 4 North,
Range 65 West of the 6th P.M.,County of Weld,State of Colorado.
C
J
J_
also known by street and number as:n/a
U
9 with all its appurtenances,and warrant(s)the title to the same,subject to:
\)
Signed this LO__day of May, 1999.
MP INVESTMENTS,LLC,a Colorado
Limited Liability Company
By: 1.dL t,� � B. &k<_—
Patrick B.Roche
Manager
State of Colorado )o
County of Weld )
The foregoing was acknowledged before me this day of May, 1999,by Patrick B.
Roche,Manager of MP Investments,LLC,a Colorado Limited Liability Company.
pIreS'�C`r]� I.
k Iotafr P+_,per
co t 8 l\LEI1111i N2694357 vl�l ill\ 111 1999 011111111\11111111111\I\ald County CO
1 e6 1 R 6.00 D 14.40 JA Sukt Taukame0.o
tv81n61at.0t48 Not Comm vioned Approved.WAComputerized
Leg')Forms.
(303)T/9-0376 O 1995 All rights ntevd
rumpkrved Legal Fmtu.Inc P.O.Box]]0424 p�vn CO%013]
--- 1rr60G?_5GGc, 1�i�
II 1 111111 1111 1111111111111 11111 111111 111 11111 11111111
Recorded 2635155 081/1999 04:27P hold County CO ....
/‘ 'D /2 Receptto, 1 of 2 R 11.00 D 7.00 JR Suki Taukamoto Ier.
- - we
Know tilt gen bu then presents, That 3,.Lillian_.Helene..Premer.r
Elizabath..l0arce...NeW1.4BJ...E1eADOr...RMth...Clo.Wsii
c/4 5612 W. Freemont Dr.Clt orTownof Littleton
whose street address rs Y
County of and State of.,,C.9Ac.i. 4 80123 for the
consideraUon af...4tb.er..Y.al.Wa)J 1e...G9.Osi5]eratiop and Ten
- Dollars,
P I ve5 •_e_ is LLC C rado Limited
In hand paid,hereby adl(a)and convey(Oj to rl-.. ....•6.._, .� •Tn.....a......._....;..S.....RIA......................
Liability,Co1a{t'ifly. Greeley
whose street address is 361 71st Avenue ..i:,.Ctly+or Town of
Colorado
County of Weld and the Stale of the
ry� following real property in the County of Weld and State of Colorado,
";k, to-wit; The North Half (N4) of the Northwest Quarter (NW4), being a part of
ii\Are me tlorth Half (ill/2) of Section Thirty-two (32), Township Four (4) North, Range
Sixty-five (65) West of the 6th P.M., County of Weld, State of Colorado.
405 gJ(CBTING TAEREF1O( a parcel of land conveyed to the Farmers Reservoir and
Irrigation Company by deed recorded May 23, 1917 in Book 478 at Page 160.
^ GB Together with 21.71 shares of Fanners Reservoir and Irrigation Conpany (Barr Lake
' \ Division)
with all appurtenances and warrantpa0m the title to the same, subject to rights of
way as recorded in Book 86 at Page 273, Book 829 as .Reception No. 1751445, Book 850
as Reception No. 1772429, Book 936 as Reception No. 1857908, Book 971 as
Reception No. 1895763,Book 1046 as Reception No. 1985537, Book 1110 as Reception
ND. 2051285, Book 1120 as Reception No. 2061168, Book 1203 as Reception No.
2148806; Speer Canal and rights of way under Reception No. 153971; Reservation of
right of way for any ditches or canals constructed by authority of the U.S. Patent
recorded in Boot 396 at Page 17; all coal, the right to prospect for, mine,and
remove coal as reserved by the U.S. Patent recorded in Book 396 at Page 17; minerals •
reserved in Book 1141 at Page 49; oil and gas lease as recorded in Book 715 as
Reception No. 1636701; subject to reservations, exceptions, restrictions, conditions,
and ea ^"e axistin .nr..af.sec'ntd•.19.9s..taxes.due.and.RNablrj in._1499,
RESERVING HOWEVER, unto grantor, all oil, gas an of er eras presently owned by
said.grantor, if any, in, on, under, upon and that may be produced from said premise',
....._.
TOGETHER WITH the rights of ingress and egress necessary to expIS't'?r"'tot"';" 'ae"
and remove such oil, gas and other minerals.
Signed this ,./ day day of.__... r- , , A.D. 19 98
J
Lillian H�l..-G���c:[!G:✓..e'L.7.'G.F:..
g3]� zEdp"u fvl e r ✓
(EliCdslceth Jc ett.,..Co()(
gteanor Ruth Clough _/ I
STATUTORY ACBCNOWLEDGMERiP
STATE OF COLD�A DO,
/
/ cc,
e, - . . 6 � county oS
�Ii. y :, /Upf The foregoing�Z�rument was acicnowlecgeu ue,or me rl,
14AREL : fi. 7 day of /sZ'..� s;_.
3LOC".^1 . o'y1i11iarLika .2rm• _.._ ...�._._...�
v ' ® Witness my ea;. .
r e oY//:
I` 7e 00.60- • y hand official_s _:�`
My commission e ties.... C -- Public
.- - _ ,. ,. t-, ?it- -tc,cicc_; c CA 2 nfl1A; II
NM 11111 Will HI NE
E
2833138 08/21/1998 04:27P Meld County CO
2-of 2 R- 11-.00.0-7-.00-Jn-&Al Tsukamoto
C
I5 STATE OF ARIZONA )
ss.
County of d(atCf,pcz-7)
The foregoing instrument was acknowledged before me this K.14- day of
itt ut.6-E, 1998, by Elizabeth Joyce Newlon.
Witness my hand and official seal. �
(.
My commission expires '. Amid Igwsti (.ku rrs -4 ULC&�S'„�,,uS�,�
t.` :xaerwYe.sainmu
MNOCOPA C00MY
MY Sam EasSsit 4 t9
STATE OF CALIFORNIA )
)ss.
County of
The foregoing instrument was acknowledged before me this J v day of
�l , 1998, by Eleanor Ruth Clough.
Witness my hand and official seal.
My commission expires •
rc!Awu, t
oPP�R.T.JOHNSON
pp I,NOT rotting
•
MY-COMM:BIP:JUM`�9.tip'.s.
/3
(V r) yftU� iii rr/1._��
r. ' rI2
-+ /.7. or) 8u&3c-;
;r �� . � _� � aa� nn?
ocleek- 111111111111111111111111111111111 I11111 lit 11111 IIII IIII
i c 2835150 08/21/1888 04:25P Meld County CO
P DC) 1 of 1 R 8.00 0 7.00 JR Suki Taukamoto _
PERSONAL REPRESEN•I'AMIVE'S DEED
((estate Estate)
THIS DEED is made byJ.1111am Helene Prener
as Personal Representative of the Estate of
Wilma G. Musick
deceased,Gran t r •
10 MP hn'estm_ents, Ile , a Colorado Limited Liabilit
rmmnanv Grantee,
whose legal address is 361 71st Avenue, Greeley, CO
•
of the *County of Weld ,Slate of ('nl nradn
WHEREAS,the Last Will and Testament of the above-named decedent was made and executed in the lifetime of the
decedent,and is dated February 6 19 76 ,which Will was duly admitted to[OhNKaLX(inlbrmat)••
probate on Januajv 27 ,19 tea,by the District Cuu,l in and fur the
County of Weld ,State of Colorado,Probate No. 9R PR 10
WHEREAS,Grantor was duly appointed Personal Representative of said Estate on January 27
19 98 ,and is now qualified and acting in said capacity.
NOW THEREFORE,pursuant to the powers conferred upon Grantor by the Colorado Probate Code,Grantor does
hereby sell,convey,assign,transfer and set ova unto said Grantee (hcooniaanvgr"• (fur and in consideration or
other mood and valuable consideration and '161, ------Dollars)••
•• the following described real
property situate in the ' County of tuel d ,State of Colorado:
The North Half (N1/2) of the Northwest Quarter (NW1/4), being a part of
'Rte North Half(N1/2) of Section Thirty-Lao (32), Township Four (4)'North,
Ra'1 00 EXCEPTINGty-five'R EAFFPCM5) West a parcelf the of land]conveyed to ty of field,the FarnersState of Reservoiroaan�ado..
Irrigation Canpany by deed recorded May 23, 1917 in Boole 478 at Page 160.
^together with 2.1.71 shares of Farmers Reservoir and Irrigation Company
(Barr Lake Division)
with all appurtenances and warrant the title to the sane, subject to rights of
way as recorded in Book 86 at Page 273, Book 829 as Reception No. 1751445,
Book 850 as Reception Rb. 1772429, Book 936 as Reception No. 1057900, Book No.
971 as Reception Nb. 1895763, Book 1046 as Reception No. 1985537, Book 1110
as Reception No. 2051285, Book 1120 as Reception No. 2061168, hook 1203 as
Reception lb. 2148806; Speer Canal and rights of way under reception lb. 15397])
Reservation of right of way for any ditches or canals constructed by authority
of the U.S. Patent recorded in Book 396 at Page 17; all coal, the right to
prospect for, mine, and rerove coal as reserved by the U.S. Patent recorded in
reserved in Book 1141 at Page 49; oil and gas
lease as recorded in Book 115 as Reception No. 1636701
and
w"• "N. ' sr - subject to covenants,easelttents and restrictions of record,relesobilddotegatesugnmenaly
1998 taxes due and payable in 1999 —
RESERNG HOWEVER unto grantor, all oil, gas and thier minerals reseptly ow>,ndd
by said grantor if an n, on can r, up n an tna may a produce ro sea
r?ru?remises, TOGET({ER WIT the rig{sts o ingressiandaaoress necessary to explore
mpus,an remove sue o 1, gas an o
%4smJterein,the singular includes the plural and the plural the singular.
Executed 4U Ou si- /V ,19 98 /�...,'/*1.'!<'<..iJ.
1/4
Lil ian Helene Prenmer
l'creonal Representative of list Estate of Wilma G. Musick '
,Deceased
STATE OF COLORADO
COUNTY OF Weld
fli
The foregoing instrument was acknowledged before me this /� day of 44/4a371- . i9 93
'by.l i l l i an.Helene Prover 1�.
es Personal Representative of the Estate of NLlns C. re-3
-Dcceasev:. �t
Wilfieu I 'a)N 1.
�Sy ..n //15-aCC/
BLOCM jo ImoryI'Lle
II N. c A • IN Litt]1.lylpllx.lI 11-13.I05 3.C R.5)
Ns CPC46.R,t 1.96. FEMORAL PURR ufficnvLS DEW rn,mlo cvrn rut Al lfl fl fl P, Wn 2635150-1998 . 001a
tRe364MS7 F. 1417 REC 02364957 12/20/93 14:24 $5..00 1/001
F 1742 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO
DEED OF DISTRIBUTION
BY PERSONAL REPRESENTATIVE
THIS DEED is made by LILLIAN HELENE PREMER, as Personal
Representative of the Estate of Thomas I. Musick, Deceased, Grantor, to WILMA G.
MUSICK, 8860 Weld County Road 39, LaSalle, Colorado 80645, for life, with the
remainder at the time of her death to LILLIAN HELENE PREMER, 5612 W. Freemont
Or., Littleton, Colorado 80123; ELIZABETH JOYCE NEWLON, 3445 E. Indianola,
Phoenix, Arizona 85018; and ELEANOR RUTH CLOUGH, 7551 hainswept Lane,
San Diego, California 92119, Grantees.
WHEREAS, the above-named decedent in his lifetime made and executed his
Last Will and Testament dated February 6, 1976, which will was duly admitted to
informal probate on April 27, 1992, by the District Court in and for the County of Weld
and State of Colorado, Probate No. 92 PR 115;
WHEREAS, Grantor was duly appointed Personal Representative of 3aid Estate
on April 27, 1992, and is now qualified and acting in said capacity; and
WHEREAS. Paragraph Ill of the last Will and Testament of the decedent
provides as follows:
Ill
I give and devise to my wile, Wilma G. Musick, if she survives me,
a Life Estate In and to all imerest I may own at my death in and to all real
estate, together with all water rights, for and during her natural life, with
the remainder at the time of her death to my children, Lillian Helene
Premer, Elizabeth Joyce Keith and Eleanor Ruth Clough, in equal •
shares, . . .
NOW,THEREFORE, pursuant to the powers conferred upon Grantor by C.R.S.,
15.1-803 and 15-12-907 of the Colorado Probate Code, Grantor sells, conveys,
assigns.transfers and releases to Grantees the following real property in Weld County,
Colorado:
• An undivided one-half (1/2) interest in and to the North Half (N112) of
Section Thirty-two (32), Township Four (4) North, Range Sixty-five (65)
West of the 6th P.M., Weld County, Colorado, except a parcel of land
containing 4.66 acres, more or less, conveyed by deed recorded in Book
478 at page 160, Weld County Records, together with 21.71 shares of
Farmers Reservoir and Ditch Company-Barr Lake Division.
with all appurtenances.
Executed this f 3t In day of I)<r r edge( , 19_"
y J ✓� e j
Lillian Helene Premer, as Personal
Representative of the Estate of Thomas
I. Musick, Deceased
STATE OF COLORADO
ss.
COUNTY OF Wan :t(<<L:c )n
The foregoing !nstrumeni was acknowledged before me this (Si i k day ci
ti -; r ifi'W, 1g.l.': ., by Lillian Helene Premer, as Personai Representative of
the Estate of Thomas I. Musick, Deceased.
WITNESS my hand and officatc
My Commission expires �7 e, iS _
(khVUJAJ- SJ.CJifA.C
NOTARY PUBLIC
1? f� F Commission expires De eeet ;;22,199
y •
c;r= n rant rri �, _ •; _ A WP.......2364957-1993 . 00_
, •. q
p' ti h h l Y K [�G3rY ,vtiStkk' .j.m4^i«'�M1 1-4c/r-'
/
��J� Recorded al tar o'cloclr„f_�.M FEB 91976 l'L
.. aY
s. LEE SHLHEE, 10.
'wr Reception No...._.1.;180.526 Recorder.
.-"— - F7',71:'-',,'
', F Knave all Mart btj fiiirsr 4trrsrntz, ThatA,_l'le.,.___TiLQ3:1AS..S..✓TUSLC.L..az1,L.... T
WILf4A G. MUSICi, husband and wife t-
i whose street address is City or Town or La Sa d t e .-
aI,
0, County of hold end Stet°of... Colorado for the "'
other valuable consideration and TEN
,p consideration of -co p Dollars,.......... . ._................._._..._._.__._._..__ ..._..__._._._._.._. _...._.. __. .._._....._._._..._......_...._. .-.
`O in hand paid,hereby sell(s)and codvey(s)to.Tl_OMAS_I. MUSICIC and WILMA G. MUSICIC,
• husband and wife, as Tenants in Common -
•
whose street address is._.._.._.._.._.._-._.._._.._.__.._.._..,City or Town of_._._1,a Sn 11e_.._.......................
N
en County of Weld and the State of Colorado the `
.a r .
ti following real property In the County of Wald and Stnte of Colorado,
o to-wit:
Lot Seven (7), in SPITLER'S SUBDIVISION, a subdivision or a part of
.-
_ . F- Lot Two (2), of the Southwest Quarter (S'r1/4) of the Northwest Quarter
et. (NW1/4) of Section Six (6), Township Five (5) North, Rare Sixty—five
cc
(65) blest of the 6th P,;1 , Weld County, Colorado, and --
as
The North Half (H1/2) of Section Thirty—two (32), in Township Four _
(4) North, of Ran,,^,o Sixty—rive (65) West or the Sixth P.M. tor.nthor ?;t.:-•
with all water, water r.imUitc, ditches, and laterals, and anclurlinr k -
but not by way or limitation 21.71 ahrhron of thn capital stock or the F'; ,;_
4+armbrs ReOcrvelr and Irrigation Company; EXCEPTING parcel or land
conveyed to the Farmers Reservoir and Irrigation Company by warranty
adeed recorded in 13oo-,c 473, at page 160, Weld County records , �+ -
v
N
with nil Ito appurtenances and wnrrnnt(s)the title to the name,subject tL,,...fl1R t%^','7 o f rgo ordth
-
,,t s)-ail_(-
.s
rit4
"11 Signed this El tit day of .._ub.r.uarr A. D. 19 I' _
, In the Presence of 1 l> 1 f • ,
e Y{ _..._...._._._....._ _ . .. .._.. -
ST_R1 v O 3 .. .11S.71 ICs*r
hI _T. 9 41.9 COL0..,.APt. .__
C
i . a n t Witness my hand and asca,se , .'.: --C _..r_ ' .y M com
mis-don avoir r c' ./ it c
s '. y /
Notry Public II
a _
.'1 M �aa. r
i..
rt4sNmn I
y
6 C.C1 171969 9 't.C )
ot 1 p'clank_Q_ ES.
iii Rneord�e_..._--_— .
3538225. - ANN S.9. Recorder.
t. P.aeptlon No. - _ f -'
September in a. ---
e11.iiI5 £ei�r Made this 16th day of F'—
sixt nine between -
- _-- , year of our Lord one thousand nine hundred and v—
° --ELDON Le ROY KEYSER and HOPE M. KEYSER--
and State of Colorado of the
c� of the Cauntr o1 Weld
tea. . first part.and --THOMAS I. MUSIGK and W1LMA G. MUSICK--
Nd tL. 'Causes • rruU ..0 SP.. u. ...mwu, u: Cu. I __.77
I�", t
_I second part: parties of the first part,for and in consideration of the sum of
rt. Wher good •That the said DOLLARS. ----
--other good and valuable consideration and ONE HUNDRED yore, the receipt whereof is
to the c part ins of the`.inn part in hand paid by thearg said pa
_ '� hereby confessed and acknowledged, ha ve granted, bargained,sold and conveyed,and by these presents do
1 grant, bargain. sell,convey and confirm unto the mid parties of the second put,to vase not in tenann In commonet
-
o urvivor forever.all the foe- __
'-I but in joint tenancy,the survivor of them,their assigns and the heirs and assigns of such
o lowing dcseribcd lot or parcel of land.situate.lying
rind being In the and State of Colorado,to-wie
Covn7 of
The North Half (NIA) of Section Thirty-two (32), in Township Four (4) I --
North, of Range Sixty-five (65) West of the Sixth (6th) P.M.; together An o j --`
__. . rI ditches, and laterals, and including i 0°
with •
all water, water rights, stock o
F-, a
but not by way of limitation 21.71 shades of the capital arcel oEf land `.n°
Farmers Reservoir and IS Reston Comp ray; EXCEPTING P warranty —3
1,,. conveyed to the Farmers Reservoir and Irrigation Company by eS �;
{ at page 160, Weld County records; rota� deed recorded in Book 476, P 9Crq
• to t
n
TOGETHER with all and singular the hereditament: and appurtenances thereunto belonging. or in any wise
appertaining. and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and
of the firs;part,either in
of,
all the estate,r title, interest, claim and demand whwncvcr of the said Partle3 .,... _.
law or equity, of, in sad to the above bargained premises,the hereditamrnts and appurtenances. unto the ��
TO HAVE AND TO HOLD the said premises above bargained and edF heirs and assign of such ed. vetch ceumvor far-
niJ raruct of the second part,the survivor of them,their iVe$ aZ„�,fl i\e heiers, and administrators, do their
~
At, the said part ley of the first part.for theintelve�fru a
acver. ant, grant, bargain end agree to and with the said parties of the second pad the
<e survivorry of there presents.thes.
assigns and the heirs and assigns of such survivor,that at the time of the ens ec a
they are well seized of the premises above conveyed. as of d right,good,ll powerpandclawful t. bspmte and Indefeasible
n effeasilbareaine
sof et convey,
in law, In fee simanner
and hform
ve d,a that the a c
---— sell and the same in manna and, assessments endaineumbnnm of are
whatever kind and
or nature all former and '-t
other grants, bargains, sales. liens, taxes, p
-_ SUBJECT TO mineral reservations of record; 1
0
g and the above bar nod;' mss s in the quiet and peaceai i - —
ble possession of the sad parties of the secoonnd p rt,the
surnvor of them their assign- and the heirs and assigns of such sern,or,against all and even➢can or and Mrs
.v of the first pert s I
' lawfully claiming or to claim .e whole or nay part thereof, the sad part lea p .. ,
I. WARRANT AND FOREVER DEFEND nrd
IN WITNESS WHEREOF, the and pti_OSoi the fast pert ha hereunto :s moll' baad S
/ t
scat s the day and year first abnet written.
p ,t �., sEAL) I -.
Signed. Scaled and Delivered ,u the Proeuce oln 16 WW1 Le (ot F 1C,eTICTA-r- l r„I
- ty,.. -.l
ATe peQ,fc, . C' y_
oi:.
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v / /Jo R:L= • ,5
U
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Report Date: 03/26/2002 10:27AM WELD COUNTY TREASURER Page: 1
STATEMENT OF TAXES DUE
SCHEDULE NO: R7965999
ASSESSED TO:
ENVIROCYCLE LLC
103 SIERRA ST
STERLING, CO 80751
LEGAL DESCRIPTION:
PT N2NW4 32-4-65 LOT B REC EXEMPT RE-2367(2.27R) SITUS: 19094 40 CR WELD 0
PARCEL: 105532000027 SITUS ADD: 19094 40 CR WELD
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2001 TAX 2,737.86 0.00 0.00 0.00 2,737.86
TOTAL TAXES 2,737.86
GRAND TOTAL DUE GOOD THROUGH 03/26/2002 2,737.86
ORIGINAL TAX BILLING FOR 2001 TAX DISTRICT 0128-
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 20.559 946.96 COMMERCIAL 152,541 44,240
SCHOOL DIST RE1 23.846 1,098.34 AGRICULTURAL L 6,284 1,820
NCW WATER 1.000 46.06
CCW WATER 0.871 40.12 TOTAL 158,825 46,060
CWC WATER 0.000 0.00
LASALLE FIRE 3.296 151.81
AIMS JUNIOR COL 6.620 304.92
WELD LIBRARY 3.249 149.65
59.441 2,737.86 - TAXES FOR 2001
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,
REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
P.O. Box 458
Greeley, CO 80632
(970)353-3845 ext. 3290
lWeld County Treasurer
Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes
Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes,
special assessments and prior tax liens currently due and payable connected with the parcel(s)
identified therein have been paid in full. The lien for the current year has attached for property
• taxes and special assessments, but is not currently due and payable. 20 0 /
Sired: Date: �6/&� Q� r
CW4
CENTRAL WELD COUNTY WATER DISTRICT
April 5,2002
Envirocycle LLC
P. 0. Box 117
LaSalle, CO 80645
RE: Water Service
Dear Sirs:
This letter is in response to your request for the availability of additional water service for the
following described property:
Lot B in N%2 NW '/o Section 32, Township 4 North, Range 65 West, Weld County, Colorado.
Water service is presently available to the above described property by tap number 1717 located at
Weld Co. Rd. 39 between 38 & 40. Additional water service can be made available to this
property, provided all requirements of Central Weld County Water District, Northern Colorado
Water Conservancy District and the Bureau are satisfied. This property has been petitioned into
Northern Colorado Water Conservancy District.
Central Weld County Water District requires that contracts be consummated within one (1) year
from the date of this letter or this letter shall become null and void unless extended in writing by the
District. Please contact the Central Weld office for further information about water service. Due to
the rapid cost increase of raw water, existing tap fees may not apply for water service to this
property. The District will not notify, by separate letter, any prospective landowners or land
purchasers of tap fee or line extension cost increases. The cost of a tap fee and/or improvements
will have to be paid in advance to the District by the prospective customer in accordance with
District policy.
If you have any questions regarding the above, please contact this office.
Sincerely,
CENTRAL WELD COUNTY WATER DISTRICT
W. Zadener Manager
JWZ/ca
2235 2nd Avenue • Greeley,Colorado 80631 • Phone(970)352-1284 • Fax(970)353-5865
John W.Zadel,General Manager
•
•
WELD COU2.1Y DEPARTMENT OF PUBLIC IsdALTH AND ENVIRONMENT
1555 NORTH 17TH AVENUE, GREELEY, CO 80631
PHONE (970) 304-6415 FAX (970) 304-6411
Permit 11 : 8P-9900477 Sec/Twa/Rng; _
Permit Type : CNEW C.cotnercial, Reresidential • NEN, REpair, VauLT PERMIT
Parcel No: 1055 32 Applied: 09/16/1999
Expires: 09/10/2000
Location: 19094 WCR 40 LASALLE CO 32-4-65
Legal Desc :
APPLICANT DANIEL JIM MGR
PO BOX 117, LASALLE CO 80645 Phone : 970-396-0871
OWNER ENVIRO-CYCLE LLC
PO BOX 117, LASALLE CO 80645 Phone : 970-396-0871
SEPT-ENGR TOTAL ENGINEERING
444 SOUTH 2ND ST, LASALLE COLORADO 80645 Phone : ( 970) 284-9240
Description: MODULAR OFFICE
Commercial (Y/N) : Y Residential (Y/N) : Acres : 78 . 00
Number of Persons : 5 Basement Plumbing (Y/N) : N
Number of Bedrooms : Bathrooms-> Full : 3/4 : 1/2 : 1
Water Public (Y/N) : Y Utility Name: WELD CENTRAL
Water Private (Y/N) : Cistern (Y/N) : Well (Y/N) :
Water Permit No:
Percolation Rate: o2O,p Limiting Zone: ft in Desc :
% Ground Slope : Dir: ' Soil Suitable (Y/N) :
Engineer Design Req' d (Y/N) : y In 100 Yr Flood Plain (Y/N) :
from the application informatics supplied and the on-site soil percolation data the following ainia,m installation specification,
are required:
Septic Tank : 'Ian-) gallons, Absorption Trench y 3a sq. ft . Chamb rs
or
/
Absorption Bed sq. ft .
In addition, this permit is subject to the following additional terms and
conditions:
NOTICE
This permit is granted temporarily to allow construction to commence. This permit may be revoked or suspended by the Weld County
Health Department for reasons set forth in the Weld County individual sewage disposal system regulations including failure to meet
any term or condition imposed thereon during temporary or final approval. The issuance of this permit does not constitute
assumption by the department or its employees of liability for the failure or inadequacy of the sewage disposal system.
This permit is not transferable. Before issuing final approval of this permit the Weld County Health Department reserves the right
to impose additional terms and conditions required to meet our regulations on a continuing basis. Final permit approval 1s
contingent upon the final inspection of the completed system by the Weld County Health Department. This permit expires one year
from the signature date. �ft 9Gl
£ ronma 'cia1ist Date
WELD COUNTY BOARD OF HEALTH
ENGINEER DESIGNED SYSTEM REVIEW
PROPERTY OWNER: Enviro-Cycle LLC PERMIT NO.: SP- 9900477
LEGAL DESCRIPTION: PT: SECTION:32 TOWNSHIP: 4 RANGE: 65
SUBDIVISION: LOT: BLOCK: FILING:
SITE ADDRESS: 19094 W.C.R. 40 LaSalle Co.
FACILITY: Commercial 10 day workers ACRES: 78.0
PERC RATE: 20 SOIL: Suitable WATER SUPPLY: Weld Central
LIMITING ZONE:
XXX ENGINEER DESIGN (3.5) EXPERIMENTAL DESIGN (3.14)
ENGINEER: Thomas M. Cope
ADDRESS: 444 S. 2nd Street LaSalle Co.
ESTIMATED FLOW: G.P.D.338
PRIMARY TREATMENT: Standard tank CAPACITY: 1000 gallons
DISPOSAL METHOD: Absorption trench SIZE:432 square feet
REQUEST FOR VARIANCE:
STAFF COMMENTS: The system is adequately sized for the proposed load.
STAFF RECOMMENDATION: Approval
ENVIRONMENTAL PROTECTION SPECIALIST: Steve Wiatrowski
REVIEWED BY BOARD: 10/26/99
B.O.H. DECISION: APPROVED: DENIED: TABLED:
�_ SC,o111/L /o - 219 -99
Ben Slater, Chairman
Weld County Board of Health
M'.%ENJPRCIETEVEMDEMELLN, earner review lips
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