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RESOLUTION
RE: AUTHORIZATION FOR EXPANDED USE PRIOR TO ISSUANCE OF A SPE-
CIAL USE PERMIT AMENDMENT TO 31 DISPOSAL, INC.
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, on the 31st day of October, A.D. , 1979, the Weld
County Board of County Commissioners granted a Special Use
Permit for an oil field fluids disposal site on a tract of land
described as follows :
That part of the West one-half of the
Southwest one-quarter of Section 22,
Township 2 North, Range 66 West of
the 6th Principal Meridian, Weld County,
Colorado, described as : Beginning at
the Northeast corner said West one-half
Southwest one-quarter; thence South
00 °04 ;13 : West on an assumed bearing
along the East line said West one-half
Southwest one-quarter, a distance of
1490. 00 feet; thence South 89°49 ' 25"
West parallel with the North line said
West one-half Southwest one-quarter a
distance of 330 . 00 feet; thence North
00°04 ' 13" East a distance of 1390. 00 feet
to a point 100 . 00 feet South of the North
line said West one-half Southwest one-
quarter; thence South 89°49 ' 25" West
parallel with said North line a distance
of 960 . 69 feet to a point 30. 00 feet
East of the West line said West one-half
Southwest one-qurater; thence North
00°00 ' 00" East parallel with said West
line a distance of 100 . 00 feet to a point
on the North line said West one-half
Southwest one-quarter; thence North
89°49 ' 25" East along said North line a
distance of 1290. 81 feet to the point of
beginning.
Contains 13 .49 acres more or less.
WHEREAS, it is recognized that it is necessary for 31 Dis-
posal , Inc. to proceed with certain improvements prior to a Board
decision as to whether or not those improvements can be authorized
through the amendment of a Special Use Permit, and
WHEREAS, 31 Disposal , Inc. has agreed to indemnify and hold
harmless Weld County against any accidents or damage that may
occur from the operation of the improvements prior to approval , and
491 ,/ 800234
WHEREAS, 31 Disposal , -Inc. has agreed to waive any arguments
that it may have with respect to Weld County being estopped in any
-manner from denying amendments to the 31 Disposal , Inc . ' s Special
Use Permit which amendments would permit construction of said
improvements.
NOW, THEREFORE, BE IT RESOLVED that the Board of County Com-
missioners of Weld County, Colorado hereby authorizes such improve-
ments being constructed prior to the issuance of a Special Use
Permit amendment, subject however, to the following conditions:
A. That 31 Disposal , Inc. is to obtain all neces-
sary and pertinent building permits and inspec-
tions for modifications, enlargements, or new
construction associated with the expanded use
• -authorized herein.
B. That such construction be in accordance with
Chen and Associates Subsoil -Investigation Report
of August 29, 1979.
C. 31 Disposal , Inc . is to proceed in a timely
fashion to submit proper Special Use Permit
application forms.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the Bth day of
October, A.D. , 1980.
r✓ -BOARD OF COUNTY COMMISSIONERS
ATTEST: - WELD COUNTY, COLORADO
ut
Weld County Clerk and Recorder 6 7/ . C
and Clerk to the Boar C . W. -Kirby,/Chairman
( By: 7 - " uvwa-r C, ki,-e
eputy ounty Leonard L. -toe , Pro-Tem
APPR D AS TO FORM. / ) r,,vg6-„ (12t
2C/ / Norman Carlson
bounty cgtorne/yQ�� ,(112,14/12
is/ 'unbar
/
e -K. Stei ark
DATE PRESENTED: October 8 , 1980
ELLISON. WARD a MCCREA
ATTORNEYS -AT LAW
THE SYEPIA. .S'vl_EING. SUITE Sa
_OLYN G HARD
EquCE a MCCREA October 2 , 1980
JAMES ai. CLIFTON
CLINTON PAUL SWIFT.
SPEC,.t COUNSEL
Weld County Commissioners
c/o Mr. Thomas i . Hann , Zoning l.dr_inistrator
Department of Planning Services
915 10th St .
Greeley , Co . 80631
Re : 31 Disposal , Inc .
Weld County , Colorado
Dear Tom:
This is in response to your letter of September 29 ,
1980 , which sets out conditions under which 31 Disposal may
proceed with construction -of certain improvements to dikes
of the south lagoon and to establish electric connnections
and a gas tap at its site , as more fully set lorth in letter
of September 19 , 1980 , from -31 Disposal to the Weld County
Commissioners .
On behalf of 31 Disposal , Inc . , this is to indicate to
you that 31 Disposal recognizes that it is proceeding with
improvements -anrl will use those improvements at their own
risk prior to any final hearing to be held on this matter .
31 Disposal fully understands that the granting to it of
emergency authority to construct said improvements in no
manner binds the Weld County Commissioners to approve any
final plans that may or may not include such improvements .
31 Disposal hereby agrees to indemnify and hold Weld
County and the individual commissioners harmless against any
accidents or damage that may occur from the operation of the
improvements set forth above . In addition , 31 Disposal ,
Inc . hereby waives any arguments that it may have with
respect to Weld County being estopped in any manner from
denying 31 Disposal amendments to its Special Use Permit ,
which amendments would permit construction of said
improvements .
31 Disposal hereby agrees to construct said
_:; revements in accaLeek _ar±s fff ate_ _
facilities set __ _:s ALv
construction of imIre*emerts .ace by 3l csal : ll be in
compliance with standards set forth in the Special Use
Permit with respect to dike construction and impermeability .
Further , 31 Disposal agrees to obtain any and all necessary
building permits and inspections necessitated by any
modifications , englargements , us new construction associated
with said activities .
31 Disposal , Inc . will proceed promptly to apply for
final , permanent authority to amen-d its Special Use Permit ,
and will timely file all necessary applications with the
Department of Planning Services and Weld County
Commissioners .
Both the undersigned and the individual new owners of
31 Disposal , Inc . have appreciated the prompt consideration
given these matters and in particular have appreciated
working with Cathy Gerstberger and Mr . Thomas E. Honn in
this -matter . In the event that individual commissioners
desire additional information or we can be of further
assistance , ple-ase do not hesitate to contact the
undersigned .
Yours truly ,
ff
Clinton P . Swift
ELLISON , WARD & McCREA
Attorneys for 31 Disposal ,
Inc .
3-4
2A,. •
OCT1 BO -
RECEIVED
, VieiP Cecnry
Poninc Ccmmissiot �
2- Cr
JA "A I~A' L A' 5
NAME OF SUBDIVISION Special Use Permit
NAME OF SIIRDI-VI DER Thirty-One Water Disposal
That part of theWest2 of ' the Southwest of Section 22, Township
t or Al I ON OF SUBDIVISION 2 North, Range _66 West_of the nth P..N_ WPld-Gnunty, Colorado
DATE OF RECORDING 1814748 ROOK 8IV RECEPTION # JAN 8 1980
MARY ANN FEUERSTEIN
WELD COUNTY CLERK AND RECORDER
8 Y:
DEPITTY COUNTY CLERK & RECORDER
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