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Home My WebLink About20001652.tiff 093 RESOLUTION RE: APPROVE VACATION OF SPECIAL USR PERMIT#264 - NORTH AMERICAN RESOURCES 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, by Resolution dated December 24, 1974, the Board did approve Special Use Permit #264 for a Gas Processing Plant and support facilities for Vessels Gas Processing, LTD, c/o David P. Hoover, Nine Flags Building, 180 Cook Street, Denver, Colorado, on the following described real estate, to-wit: A portion of the NE1/4 of Section 31, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board has received a request from Charles and Vicky Wacker, 18775 Foxhaven Court, Brighton, Colorado 80601, property owners; and North American Resources Company, 1700 Broadway, Suite 2000, Denver, Colorado 80290, current operator, to vacate said Special Use Permit#264, 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 Special Use Permit#264 be, and hereby is, vacated. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of July, A.D., 2000. BOARD OF COUNTY COMMISSIONERS /� E WE 3W COUNTY, COLORADO / ATTEST: ; p`. /0 I161 (� �.�"% �� Birbara J. ' meyer, Chair 1 Weld County Clerk to th"Bo: ' �CD� 4TP 7 �1/ 7 ././,‘,Ze- at, M. J eile, Pro-Tep BY: Deputy Clerk to the Board►r / George E. Baxter P�fsRO ED A RM: � Da e I . Hall i) ount9,Attorsiey 4t d4.� Glenn Vaad - ' 2000-1652 cC. Ed:c &ac er / A lhf4,ner;csu,t /ie_sca c'es; PL0804 1111111 VIII 1111111 VIII VIII III' HEM VIII IIII IIII 2782093 07/21/2000 04:26P JA Suki Tsukamoto 1 of 1 R 0.00 D 0.00 Weld County CO MEMORANDUM WITO: Weld County Board of County L Commissioners June 30, 2000 COLORADO FROM: Sheri Lockman, Planner II SUBJECT: The vacation of SUR-264 for a gas processing plant and supporting facilities Charles and Vicky Wacker, owners of the property described as lots one thru 11 on a plat recorded by Hudson Land Company, being part NE4 of Section 31, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado, are requesting the vacation of Special Use Permit (SUP) 264. Special Use Permit 264 was for the use of a gas processing plant and supporting facilities. Condition of Approval five of the SUP required that all structures erected upon said premises be removed within one year from the time that said gas processing plant and supporting facilities cease to operate and are closed. A letter from North American Resources Company received June 27, 2000 indicates that this has been done. SERVICE,TEAMWORK.INTEURITY,QUALITY 2000 1652 PLC 'ivy 07/12/2000 07:13 3036552870 BRIGHTON SCHOOL P1ST PAGE: 02/02 cti�4k 83;0► and vicky sacker October 16`^, 1999 Page 2 of 4 16th, 1999 (discussed in Paragraph 6 below) , all rentals paid on October 16th of any year are payment of the next 12 month period. b. Lessee shall pay all ad valorem taxes assessed against the lands covered by this lease for all years this lease remains in effect. Lessee shall ask the Weld County Assessor separately to assess the 2.5 acre parcel for ad valorem taxes and to mail the tax notice directly to Lessee. If, however, the Assessor refuses to separately assess the 2.5 acre parcel or sends the tax notice to Wacker , then Wacker shall mail Lessee a copy of the paid Weld County Tax Notice for the property along with an invoice for the taxes attributable to the 2.5 acre parcel, and Leases shall pay such invoice within 30 days after its receipt. Upon termination of this Lease and Easement, the Easement and all rights associated therewith shall also terminate. 4. Manner of Payments: Rental payments may be made either by Lessee delivering a check to Wacker , or by Lessee depositing a check payable to Wacker in the U.S. Mail, addressed to Wacker at the above address or at such address as Wacker shall hereafter provide in writing to Leeeee, on or before October 16 preceding the 12-month period for which said rental is being made. Thereafter, annually, in like manner and upon like payments or tenders of the rentals, this lease shall be maintained in full force and effect. 5. Savings Clause: If Lessee fails to timely make a required annual lease payment (or a real property tax reimbursement as described in Paragraph 3.b) , Wacker shall notify Lessee by certified mail of such failure. Should Lessee, within 30 days of receipt of such notice, fail to mail or deliver the required payment to . Wacker, then this lease shall terminate,as to both parties, subject to the rights of Lessee to remove its equipment as elsewhere described herein. 6. Permit Period Provisions; The parties recognize that Lessee, if not already done, may be required to obtain I.1) a permit from the Colorado Department of Health Air Pollution Control Division, (ii) an Air Pollution Emissions Notice: (APENS) permit, and other required governmental permits, subdivision exemptions, licenses, and documents, if necessary. Therefore, Lessee has paid Wacker the sum of $10.00 (Ten Dollars) as consideration for the granting of this Lease, and shall not owe Wacker the remaining $90.00 of the rental for the period of from inception through October 16. 1999 unless and until all necessary permits, exemptions, licensee, and documents have been obtained. Lessee agrees to promptly apply for and diligently pursue, all such permits. In the event any permit which Lessee considers necessary for the facility ie denied. or if Lessee elects not to proceed with installation of proposed facilities on the subject lands, then this Lease, upon notification in writing to Wacker by Lessen of such election, shall terminate and be of no further force and effect, and the $10.00 paid to Wacker by Lessee for the granting of this lease shall remain the property of Wacker. Within 30 days following the date on which Lessee receives the last required permit, license, exemption, or document, Lessee shall pay Wacker the remaining $90.00 (Ninety Dollars) rental due for the period from inception through October 16, 2000. For example, if Lessee receives the final proper authorization and approval fox the compressor on October 22, 1999, then Lessee shall be obligated to make payment to Wacker of the remaining $90.00 on or before November 22, 1999. 7. Surrender of Lease: Lessee shall not be obligated to commence or continue \ any operations during the term of this lease, but may at any time surrender this lease and be relieved of all obligations thereafter accruing by recording and delivering to Wacker a release; provided, however, that Lessee I6 shall be obligated promptly to restore the premises as near as practicable to 7 their original condition and to remove all of its equipment and fixtures. ) NAACO shall reseed the premises with appropriate native grasses to ensure permanent vegetative cover. Lessee shall be solely responsible for ensuring that the leased land is restored in compliance with all applicable environmental laws then in effect. To: Weld County planning&zoning Attn: Sherry Lockman Date: June 28,2000 RE: Special use permit being vacated To Whom It May Concern: I am in agreement to have the special use permit vacated from the parcel of land located at section 31, township 1 north,range 65 west, lots 1-1 I. The permit is no longer needed due to the compressor station being removed and not being replaced. Parcel# 14733 I 000034 Schedule#6410986 If you have any question please feel free to contact me at 303-659-7879 ix by mail 18775 Foxhaven Ct. Brighton,Co 80601. 2gspect lly su mined, Chart &Vicky Wacker Weld County Planning Dept (n JUN 27 2000 �1- Denver District Office \ North American Resources Company RECEIVED Mo ntana ontamt Power company Weld County Planning Commission 1555 No. 17th Avenue Greeley, CO 80631 Attn: Sherry Lockman Re: Compressor site Charles and Vicky Wacker T I N, R 65 W Sec. 31: Portion ofNE/4 Weld County, CO Dear Ms. Lockman: Please be informed that North American Resources Company ("NARCO") has removed its natural gas pipeline compressor from the above-referenced lands owned by Charles and V ii:ky Wacker. This information is being transmitted to you at the request of the Wackers and their attorney, Susan Aldridge, in hopes of expediting a clearing/releasing of the property in question from any further issues revolving around their use of the property as they see fit. The only remaining active presence that NARCO has on the Wacker property is a natural gas pipeline and valve set at the end of a driveway. No equipment beyond the pipes and accompanying valves are located on this parcel. Thank you for help in this matter. Please call me at(303) 839-3010 if you have any questions. Very truly yours, NORTH AMERICAN RESOURCES COMPANY abli(&1A---- Robert J. Bram Landman /rjb cc: Charles and Vicky Wacker 18775 Fox Haven Court Brighton, CO 80601 Susan Aldridge, Esq. 730-17th St., Suite 500 Denver, CO 80202-3580 1700 Broadway•Suite 2000•Denver,Colorado 80290 Telephone:303-861-9183 Hello