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Home My WebLink About20051178.tiff 312 RESOLUTION RE: APPROVE VACATION OF USE BY SPECIAL REVIEW PERMIT #944 -WENDY DYER 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,by Resolution dated May 15, 1991,the Board approved Use by Special Review Permit#944 for a Single Family Dwelling Unit on a lot under the minimum lot size for Wendy Dyer on the following described real estate, to-wit: Part of the N1/2 N1/2 NW 1/4 of Section 14,Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board has received a request from Highland Properties 3004, LLC, do Thomas Morton,717 West 5th Avenue,Longmont,Colorado 80501,to vacate said Use by Special Review Permit#944, and 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 Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said vacation. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Use by Special Review Permit #944 be, and hereby is, vacated. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 11th day of April, A.D., 2005. BOARD OF COUNTY COMMISSIONERS LLII //�////�� WELD COUNTY, COLORADO T: It /D�'(/u&eh 'in- 4<i,.✓ �- 4% William H. J e, Chair 4: o •pi.y Clerk to the Board ' 1861 /' 4O1 r �, 71/1,1 CoGC� M. J. eile, Pro-Tem �i3.J n., ,�v;, . Clerk to the Board EXCUSED David E. Long AP ED EXCUSED Ro rt D. Masden County Attorney M'�0 Glenn Vaad Date of signature: _1 fa - 11111111111111111 IIIII111111 IIII1111111 III IIIII IIII1111 2005-1178 3282312 05/02/2005 02:51P Weld County, CO PL0835 1 of 1 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Oc,; ; Pt_ , 4,zyz os-os-z-c- _ MEMORANDUM inigeTO: Board of County Commissioners March 29, 2005 COLORADO FROM: Jacqueline Hatch, Planner SUBJECT: Vacation of USR-944 The Department of Planning Services has received the attached letter dated October 22, 2004 from Steve Stencel do Thomas Morton for Highland Properties. Mr. Morton is requesting that USR-944 for a single family home on a lot under the minimum lot size the agricultural zone district be vacated as a requirement of Recorded Exemptions RE-3973. Background information: Legal Description: Part of NW4 of Section 14, T1 N, R67W of the 6th P.M., Weld County, CO. Location: East of and adjacent to CR 21 and approximately 1 miles north of CR 8. USR-1000: USR-944 was approved by the BOCC on August 13, 1991, for a single family home on a lot under the minimum lot size within the A (Agricultural) Zone District. 2005-1178 October 22, 2004 Department of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 Attention: Planning Department Subject: Request to vacate USR-944. Dear Planning Department, Thomas S. Morton owns a parcel of ground(parcel#146914000052)within the Northwest Quarter of Section 14-1-67, Weld County, CO which is under permit for USR-944. Highland Properties 3004,LLC is the"holding company"until Mr. Morton sells a piece of property. At that time Highland Properties will release the title to Mr. Morton. Mr.Morton would like to vacate the current USR-944 which was created for a single family home on a lot under the minimum lot size within the agricultural zone district. The single family home was a mobile home and no longer exists on the property. If the county should decide that this request is acceptable,the owner intends to convey a portion of this property through the Recorded Exemption process to his daughter to allow her to build a house in the near future. We would like to thank you for your time and consideration regarding this matter. If you should have any questions or require additional information,please do not hesitate to call me at(970)669-0516. Sincerely, Intermill Land Surveying, Inc. Steve Stencel Partner,PLS 30462 Authorized and reviewed by Highland Properties 3004 LLC or Authorized Agent: (Thomas S. Morton) i ,/ `r" PLOT PLAN -_ _ � —— _ _— [MOTES N x N I A \ ro7. \ ,,.A.. � N I/2 N /2 NW Ip SEC. 4 \/ PARCEL 90.981 ACRES 1 1 \ T Law a�i�., n -^. r 1 , \,\ ` i �a. 1 r lj _... , , , D , . ' LEGAL DESCRIPTION THE MICI TM NMITI VMS NRY MAP NM, A o,TINE WORTH HZ"P OF ROUNDS TO'NNSHII' 1 NORTH omen or. SEE.E CA.ATTACHED .% C .RANGE 67 WEST ': \VI ��^s PiA xM1 NG comm IssION CEPTFIU i:oN ' ROARS OF(WNia COMM S E 5 frPITIFI CATE 7/ //////////� r oe�i ?e_ i0p . k �'�� / ///V, d ..._. ...rr ..,c ES::::”Y/.24/4 Laid" • a N il • '.. annum.,.... .sss„/o,PROPERTY O :n:,ssoo,APPIR slor_ nit_ ...•. .r. ' ---- USR -•T SCALE C=609 944 .,,LL___-....: RATE a-s- --s- Mir __ -�`� ' USE BY SPECIAL REVIEW PERM IT PLAN MAP Longm O Corporation 0 307 Fifth 2.Avenue, al)- 0 80701 303.402.1031 (Local)—303.443.0107(Fax) 888.367.1031 (Toll-Free) See Our Exchange Manual at www.1031cpas.com Exchange Professionals Email Us - 1031@1031cpas.com APPOINTMENT OF AUTHORIZED AGENT I, Carol R. Croft, hereby appoint Thomas S. Morton as Authorized Agent to act on behalf of Highland Properties 3004 LLC with respect to any construction to 3872 County Road 21 , Fort Lupton, Colorado. Carol R. Croft, O rating Manager Date RTICLES OF ORGANIZATION FILED A COLORADO SECRETARY OF STATE Form 400 NOT V4I M 4 FTRR JONF 40 7004 Read about new Forms at WWW cnc state rn nq Filing fee:S50-00 Deliver to: Colorado Secretary of State Business Division, 1560 Broadway,Suite 200 : __ -G�. E.M 'i I-' iIi-11r Denver,CO 30202-5169 (--,1- i.f.J7.• This document must be typed or machine printed -- - 14: I •_c• Copies of filed documents may be obtained at,‘‘c tv;nc vat tn,nk wa :PACE rot oFr'c] _ ._. Pursuant to § 7-80-203 and part 3 of article 90 of title 7, Colorado Revised Statutes /C.R.S.:. these Articles of Organization are delivered to the Colorado Secretary of State for filing. 1. The name of the limited liability company is: HIGHLAND PROPERTIES 300t} LLC The name of a limited liability company oust contain the term"limited liability company", ltd.liability company". "limited liability co.".or'ltd.liability co."or the abbreviation"LLC"or"L.L.C."§7-90-60/(3)(tt) C.R.S. 2. Ifknown.The principal place of business of the limited liability company is: 717 WEST 5TH AVENUE, LONGMONT,CO 80501 3. The name,and the business address, of the registered agent for service of process on the limited liability company are:Name LAWRENCE M.JENSEN ; Business Address (must be a street or other physical address in Colorado) 717 WEST 5TH AVENUE.LONGMONT.CO 30501 if mail is undeliverable to this address, ALSO include a post office box address: 4. a.If the management of the limited liability company is vested in managers, mark the box ❑✓ "The management of the limited liability company is vested in managers rather than members." The name(s) and business address(es) of the initial manager(s) is(are): Name(s)LAWRENCE M. JENSEN Business Addresses) 717 W. 5th AVE. LONGMONT. CO 80501 DEBRA S. EDWARDS 717 WEST 5TH AVENUE,LONGMONT.CO 80501 or ❑ b.If management of the limited liability company is not vested in managers rather than members. The name(s)and business address(es)of the initial member(s) is(ate): Name(s) Business Address(es) 5. The (a)name or names, and (b) mailing address or addresses, of any one or more of the individuals who cause this document to be delivered for filing, and to whom the Secretary of State may deliver notice if filing of this document is refused, are: LAWRENCE M.JENSEN, 717 WEST 5TH AVENUE, LONGMONT, CO 80501 Please refer to§7-90-301 (8), C.R.S 2014"(t I.v.Lw 7',,a w m ma iswiss•IMICAm5511ntLL 4w W.e..rwuse.mN.a.4u u,"u.vr.."m..ime...a a.w.r m..,..u..rw,e.....m...me....kilt4,4141304 I...at r an..r e.,ew ono Know,'animas mom re.....re.An,' es.'wud to w....u re wt...... Simple Operating Agreement for 031 Single-Member LLC 01/06/2001 OPERATING AGREEMENT of Highland Properties 3004 LLC A Single-Member Colorado Limited Liability Company 1. FORMATION. 1.1. Parties. The parties to this Agreement are 1031 Land Corporation (the "Member'). 1.2. Organization. The Member hereby organize the Company as a Colorado Limited Liability Company pursuant to the provisions of the Colorado Limited Liability Company Act and all amendments to the Act(the "Act"). 1.3. Name. The name of the Company shall be Highland Properties 3004 LLC, hereinafter called the Company, and all business of the Company shall be conducted under that name or under any other name, but in any case, only to the extent permitted by applicable law. 1.4. Effective Date and Term. This Agreement shall become effective upon the filing of the Articles of Organization for Highland Properties 3004 LLC with the Secretary of State of the State of Colorado. The Company shall continue in existence until terminated in accordance with this agreement. 1.5. Registered Office and Agent. The registered office of the Company shall be at 717 West Fifth Avenue, Longmont, CO 80501 or such other place in Colorado as may be selected by the Member. The Company's initial registered agent at such address shall be Lawrence M. Jensen. The Member shall have the authority to change the registered agent at any time. 2. Capital Contributions 2.1. Contributions. The Initial Members of the Company and its respective membership interest and capital contribution shall be as follows: Member Capital Contribution Membership Interest 1031 Land Corporation S 0 100% Unless otherwise provided herein, no membership certificates shall be issued by the Company and this Operating Agreement shall serve as evidence of membership in the Company. 3. Management 3.1. Management. The ordinary and usual decisions concerning the business affairs of the Company shall be made by Management who shall be as follows— .Operating Managers - Lawrence M. Jensen, and/or Debra S. Edwards and/or Carol R. Croft Secretary- Carol R. Croft 3.2. Compensation of Management. Management shall be reimbursed all reasonable expenses incurred in managing the Company and shall be entitled to compensation, in an amount to be determined from time to time by the Member 4. Voluntary Dissolution. Unless dissolved by the withdrawal, death or insanity of a Member, the Company shall continue until dissolved by action of the Member. S. Amendment. This Operating Agreement may be amended or modified from time to time only by a written instrument adopted and executed by a majority of the Member. 6. Miscellaneous Provisions 6.1. Agreement, Inconsistencies with the Act. For and in consideration of the mutual covenants herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Member executing this Agreement hereby agrees to the terms and conditions of the Agreement as it may from time to time be amended according to its terms. It is the express intention of the Member that this Agreement shall be the sole source of agreement of the parties, and, except to the extent a provision of this Agreement expressly incorporates federal income tax rules by reference to sections of the Code or Regulations or is expressly prohibited or ineffective under the Act, this Agreement shall govern, even when inconsistent with, or different than, the provisions of the Act or any other law or rule. To the extent any provision of this Agreement is prohibited or ineffective under the Act, this Agreement shall be considered amended to the smallest degree possible in order to make the agreement effective under the Act. In the event the Act is subsequently amended or interpreted in such a way to make any provision of this Agreement that was formally invalid, valid, such provision shall be considered to be valid from the effective date of such interpretation or amendment. 6.2. Notices. Any notice required or permitted by this Operating Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified or registered mail, postage and fees prepaid, addressed to the party to whom such notice is intended to be given at the address set forth on the signature page below, or at such other address as has been previously furnished in writing, to the other party or parties. Such notice shall be deemed to have been given when deposited in the U.S. Mail. 6.3. Entire Agreement. This Agreement embodies the entire understanding and agreement among the parties concerning the Company and supersedes anv and all prior negotiations, understandings or agreements in regard thereto 6.4. Additional Documents or Actions. The Member agrees to execute any additional documents and to take any additional action necessary to carry out this Agreement 6.5. Binding Effect. This Agreement shall operate for the benefit of, and be binding upon, the Member, and its respective legal representatives, successors, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise specifically authorized herein. 1031 Land Corporation (The Single Member) By Date w///� (/ Its PZevident 3 Hello