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Home My WebLink About20021430.tiff RESOLUTION RE: ACCEPT 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 - ENVIRO-CYCLE, LLC AND 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, following public notice the Board of County Commissioners held a public hearing on the 3rd day of June, 2002, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of considering the application of Enviro-Cycle, LLC, c/o Mike Cervi, P.O. Box 169, Sterling, Colorado 80751, and Conquest Oil Company, 1610 29th Avenue Place, Suite 2, Greeley, Colorado 80631, to accept a Stipulation in Case 01-CV-713, Enviro-Cycle, LLC, Plaintiff (hereinafter"Enviro-Cycle"), v. Board of County Commissioners of Weld County, Colorado, Defendant, and WHEREAS, said 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 (hereinafter"Conquest"), and WHEREAS, the stipulation provides for the transfer of Use by Special Review Permit#1198 to Conquest, reinstates the Use by Special Review Permit in Conquest's name, extends the hours of operation to 7:00 a.m. to 9:00 p.m., and recognizes, in conjunction with Recorded Exemption #3088, realignment of the Use by Special Review parcel to delete that area currently used for agricultural purposes, and define the boundary of Amended Use by Special Review Permit#1198 as all that portion of Recorded Exemption Lot A, east of the west line of the original Use by Special Review Permit, extended north to Weld County Road 40, on a portion of the following described real estate, to-wit: N1/2 NW1/4 of Section 32, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicants were represented by Dale Butcher, Conquest oil Company, at said hearing, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of a Use by Special Review Permit, and £ ,, /La //�. 2002-1430 ei? PL1259 SPECIAL REVIEW PERMIT#1198 - ENVIRO-CYCLE, LLC AND CONQUEST OIL COMPANY PAGE 2 WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Attorney's Office, and the Weld County Departments of Planning Services, Public Health and Environment, and Public Works, and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. It is the opinion of the Board of County Commissioners that the proposed stipulation is in compliance with Section 23-2-230.B of the Weld County Code and Use by Special Review Permit#1198, as originally approved. 2. It is the opinion of the Board of County Commissioners that the proposed stipulation will assure compliance with the terms and conditions of Use by Special Review Permit#1198, and will lessen the possibility of future violations particularly with respect to the operations of the brine water disposal facility. 3. It is the opinion of the Board of County Commissioners that the proposed stipulation will protect the health, safety, and welfare of the inhabitants of Weld County. 4. It is the opinion of the Board of County Commissioners that accepting the Stipulation is a fair and just resolution of a disputed claim of the Plaintiffs. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Enviro-Cycle, LLC, do Mike Cervi, and Conquest Oil Company, to accept a Stipulation in Case 01-CV-713, Enviro-Cycle, LLC, Plaintiff, v. Board of County Commissioners of Weld County, Colorado, Defendant, on a portion of the parcel of land described above, be, and hereby is, granted. BE IT FURTHER RESOLVED that the transfer of the Use by Special Review Permit#1198 to Conquest Oil Company is approved and reinstated in Conquest's name, with the hours of operation set from 7:00 a.m. to 9:00 p.m., and recognizing, in conjunction with Recorded Exemption #3088, the realignment of the Use by Special Review Permit#1198 parcel to delete that area currently used for agricultural purposes, and define the boundary of Amended Use by Special Review Permit #1198 as all that portion of Recorded Exemption Lot A, east of the west line of the original Use by Special Review Permit, extended north to Weld County Road 40, subject to the following conditions: 1. The terms and conditions of Use by Special Review Permit#1198 shall remain as set forth in the Use by Special Review plat recorded, except as expressly modified by said Stipulation and this Resolution, and 2. Conquest shall prepare and record an amended plat, denoted as Amended Use by Special Review Permit #1198, reflecting the terms of this Resolution within 30 days of the closing of the transaction between Conquest and Enviro-Cycle. 2002-1430 PL1259 SPECIAL REVIEW PERMIT#1198 - ENVIRO-CYCLE, LLC AND CONQUEST OIL COMPANY PAGE 3 3. Conquest shall ratify and accept the existing Road Maintenance and Improvements Agreement currently in effect between Weld County and Enviro- Cycle. BE IT FURTHER RESOLVED that the effective date of this Resolution shall be the date of the closing of the transaction between Conquest and Enviro-Cycle, and this Resolution shall be null and void and of no force or effect if said closing fails to occur. 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, OLORADO ATTEST: ate, +' Gle aad, Chair e- Weld County Clerk tot Bo rd C Y David E. L g, Pro-Te BY: J� . '� _1.�:�iv' - 1r�I 7 Deputy Clerk to the a `c, /Li ` 6' ' a M.. J.J. eile AP D AST • Ili H. Jerke oUnty AttorneX Robert D. Masden Date of signature: fa 2002-1430 PL1259 DISTRICT COURT, WELD COUNTY, COLORADO Court Address: 901 9th Avenue,P.O. Box 2038, Greeley, CO 80632 Phone Number: (970) 351-7300 ENVIRO-CYCLE,L.L.C., Plaintiff, v. BOARD OF COUNTY COMMISSIONERS OF WELD A FOR COURT USE ONLY COUNTY, COLORADO, Defendant. Lee D. Morrison, Assistant Weld County Attorney Case Number: 01-CV-713 915 Tenth Street P.O. Box 758 Division: I Greeley, CO 80632 Phone Number: (970) 336-7235 Fax Number: (970) 352-0242 E-Mail: Lmorrison(a,co.weld.co.us Attorney Registration#8067 Jonathon D. Bergman Davis Graham & Stubbs LLP 1550 Seventeenth Street Suite 500 Denver, CO 80202 Phone Number: (303) 892-9400 Fax Number: (303) 893-1379 E-Mail: Jon.bergmanna,dgslaw.com Attorney Registration#26473 STIPULATION STIPULATION OF PARTIES COMES now the Parties, individually and by and through their respective counsel of record and Stipulate and Agree as follows 1. That this matter is currently stayed pursuant to an Order of Court of March 19, 2002 until July15, 2002 based upon the representation of the parties that settlement discussions were ongoing. 2. That a settlement has been reached contingent upon closing of a sale of the subject facilities pursuant to an Asset Purchase Agreement between the Plaintiff and Conquest Oil, Inc. (hereinafter"Conquest"). 3. That the Board of County Commissioners will have executed this document contingent upon closing of the transaction between Plaintiff and Conquest following consideration in a public hearing of a Resolution regarding USR Permit #1198 which approves the transfer of the USR to Conquest, reinstates the USR in Conquest's name and extends hours of operation to 7 AM to 10 PM. 4. That the Defendant represents that no limitation has been placed on the authority of the Plaintiff to continue to conduct business in Weld County except that, upon closing of the transaction between Plaintiff and Conquest, Plaintiff shall have no authority to operate under USR Permit#1198. 5. That the Parties agree to file a joint Motion to Dismiss this case with prejudice upon closing of the transaction between Plaintiff and Conquest, each party to pay all of its own costs, fees and expenses of every kind already incurred in the course of this litigation. That this document is in the form of mutual offer for settlement to compromise or attempt to compromise a disputed claim pursuant to Rule 408 C.R.E. and shall be inadmissible in this or any other proceeding. No portion of this Stipulation shall prejudice any claim or defense of either party in this action unless and until there is a closing of the transaction between Plaintiff and Conquest. Respectfully submitted, BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY BRUCE T. BARKER WELD COUNTY ATTORNEY Lee D. Morrison #8067 Glenn Vaad, Chair Assistant Weld County Attorney ENVIRO-CYCLE, LLC Jonathon D. Bergman #26473 By its DISTRICT COURT, WELD COUNTY, COLORADO Court Address: 901 9th Avenue,P.O.Box 2038, Greeley, CO 80632 Phone Number: (970) 351-7300 ENVIRO-CYCLE, L.L.C., Plaintiff, v. BOARD OF COUNTY COMMISSIONERS OF WELD A FOR COURT USE ONLY COUNTY, COLORADO, Defendant. Lee D. Morrison, Assistant Weld County Attorney Case Number: 01-CV-713 915 Tenth Street P.O. Box 758 Division: I Greeley, CO 80632 Phone Number: (970) 336-7235 Fax Number: (970) 352-0242 E-Mail: Lmorrison@co.weld.co.us Attorney Registration#8067 Jonathon D. Bergman Davis Graham & Stubbs LLP 1550 Seventeenth Street Suite 500 Denver, CO 80202 Phone Number: (303) 892-9400 Fax Number: (303) 893-1379 E-Mail: Jon.bergmanadgslaw.com Attorney Registration#26473 STIPULATION STIPULATION OF PARTIES COMES now the Parties, individually and by and through their respective counsel of record and Stipulate and Agree as follows 1. That this matter is currently stayed pursuant to an Order of Court of March 19, 2002 until July15, 2002 based upon the representation of the parties that settlement discussions were ongoing. „?ewa - 3o 2. That a settlement has been reached contingent upon closing of a sale of the subject facilities pursuant to an Asset Purchase Agreement between the Plaintiff and Conquest Oil, Inc. (hereinafter"Conquest"). 3. That the Board of County Commissioners will have executed this document contingent upon closing of the transaction between Plaintiff and Conquest following consideration in a public hearing of a Resolution regarding USR.Permit #1198 which approves the transfer of the USR to Conquest, reinstates the USR in Conquest's name and extends hours of operation to 7 AM to 10 PM. 4. That the Defendant represents that no limitation has been placed on the authority of the Plaintiff to continue to conduct business in Weld County except that, upon closing of the transaction between Plaintiff and Conquest, Plaintiff shall have no authority to operate under USR Permit#1198. 5. That the Parties agree to file a joint Motion to Dismiss this case with prejudice upon closing of the transaction between Plaintiff and Conquest, each party to pay all of its own costs, fees and expenses of every kind already incurred in the course of this litigation. That this document is in the form of mutual offer for settlement to compromise or attempt to compromise a disputed claim pursuant to Rule 408 C.R.E. and shall be inadmissible in this or any other proceeding. No portion of this Stipulation shall prejudice any claim or defense of either party in this action unless and until there is a closing of the transaction between Plaintiff and Conquest. Respectfully submitted, BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY BRUCE T. BARKER WELD COUNTY ATTORNEY OLee D. Morrison #8067 AZóh ? 0 /03/103 i<QOca 'stant Weld County Attorney arc_ ENVIRO-CYCLE, LLC Jon on D. Bergman #26473 By its ,7c�a- 193o Hello