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Home My WebLink About850867.tiff RESOLUTION RE: APPROVAL OF AMENDING USE BY SPECIAL REVIEW BY INCREASING STORAGE CAPACITY FOR A CRUDE OIL UNLOADING AND STORAGE SITE - HUSKY PIPELINE 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 held a public hearing on the 10th day of July, 1985 , at the hour of 2: 00 p.m. in the Chambers of the Board for the purpose of hearing the application of Husky Pipeline Company, P.O. Box 1283 , Cheyenne, Wyoming 82003 , to amend a Use by Special Review by increasing the storage capacity for a crude oil unloading and storage site on the following described real estate, to-wit: Part of the SE4, Section 22 , Township 8 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, Section 24 .4 .2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission 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 . The submitted materials are in compliance with the application requirements of Section 24 . 7 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 .4.2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Comprehensive Plan policies in that the use does not infringe on continued agricultural use in the vicinity or County. The proposal does not appear to have any _ ,1 850db7 Page 2 RE: AMEND USR - HUSKY PIPELINE CO. adverse impacts on the agricultural interests of the County or the environment. , b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. c. No overlay districts affect the site. d. The Town of Pierce has found the proposal to comply with their Comprehensive Plan. e. It is the opinion of the Planning Commission that the attached Operation Standards will minimize impacts on surrounding uses and the area to the greatest extent possible, and provide adequate protection for the health, safety and welfare of the inhabitants of the area and the County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application to amend a Use by Special Review by increasing storage capacity for a crude oil unloading and storage site on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2 . No building or electrical permits shall be issued for the Use by Special Review Permit area until the Standards for Use by Special Review have been placed on the Use by Special Review plat and the plat has been delivered to the Department of Planning Services Office. 3 . Within thirty days from the date of approval by the Board of County Commissioners, the applicant shall provide the information requested in the attached Operation Standard #6 . Page 3 RE: AMEND USR - HUSKY PIPELINE CO. 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. , 1985 . � 2U BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE and Clerk to the Board Ja'.ueline Johnson, Chairman '''As fli r att e x of Gene R. B tner, Pro-Tem Dcputy County C erk /J At APPROVED AS TO FORM: C.W. -! 1b3 Cg 67 E. a County Attorney 4i17 / .17� � Frank Yama chi OPERATION STANDARDS Amended USR-560 :85 :23 Husky Pipeline Company 1 . The uses permitted on the property shall be a Crude Oil Receiving Station as described in the application materials on file with the Department of Planning Services and subject to the Operation Standards hereon. 2 . The major facilities shall be eight holding tanks: three 1 ,000 barrel tanks, four 500 barrel tanks, and one 300 barrel tank; automatic custody units (skid mounted) ; and additional equipment as listed on the Use by Special Review plat submitted for recording. 3 . Design and construction of the facility shall be in accordance with the submitted application materials, recorded plat, and the Weld County Building Code Ordinance. 4 . The appearance of the facility shall be maintained in a neat and orderly condition through periodic painting and maintenance. 5 . The Use by Special Review Permit area shall be maintained in such a manner as to prevent soil erosion and fugitive dust. 6 . Petroleum products and compressed flammable gases are hazardous substances per C.R.S. 29-22-107 (2) (a) . The applicant shall provide a list of the maximum quantities of hazardous substances expected at the site and emergency phone numbers to the State Health Department, Division of Waste Management; the Weld County Emergency Response Coordinator; and the Nunn Fire Protection District. Evidence of this listing and emergency phone numbers shall be provided to the Department of Planning Services within thirty days after the approval date by the Board of County Commissioners. 7 . The applicant shall comply with the design standards for the Use by Special Review, Section 24 . 5 et seq. , of the Weld County Zoning Ordinance. 8 . The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24 . 6 et seq. , of the Weld County Zoning Ordinance. Page 2 OPERATION STANDARDS - HUSKY PIPELINE COMPANY 9. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Operation Standards stated herein and all applicable Weld County Regulations. 10 . The Use by Special Review area shall be limited to the plans shown herein and governed by the Standards as stated above and all applicable Weld County Regulations . Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services . 11 . The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. HEARING CERTIFICATION DOCKET NO. 85-48 RE: AMEND USE BY SPECIAL REVIEW BY INCREASING STORAGE CAPACITY FOR A CRUDE OIL UNLOADING AND STORAGE SITE - HUSKY PIPELINE COMPANY A public hearing was conducted on July 10, 1985, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gene Brantner, Pro—Tem Commissioner C.W. Kirby Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Gloria V. Dunn The following business was transacted: I hereby certify that pursuant to a notice dated June 26, 1985, and duly published June 27, 1985, in the Johnstown Breeze, a public hearing was conducted to consider the request of Husky Pipeline Company to amend a Use by Special Review by increasing the storage capacity for a crude oil unloading and storage site. Lee Morrison, Assistant County Attorney, made this matter of record. Gloria Dunn, Planning Department representative, read the favorable recommendation of the Planning Commission into the record, and stated that eleven Operation Standards are recommended for this proposal. Bob Fleenor, manager of Husky Pipeline Company, came forward to represent the applicant. No comments were made by members of the audience. Commissioner Kirby moved to approve this request to amend a Use by Special Review by increasing storage capacity for a crude oil unloading and storage site. Seconded by Commissioner Brantner, the motion carried unanimously. APPROVED: �J �/.- BOARD OF COUNTY COMMISSIONERS ATTEST: 4tWita�ta�i.n, WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF SIGNING and Clerk to the Boa Ja q eline Johnson, Chairman • eputy County Clerk ene R. Brantner, �Prro-Tem C.W.Kirby P�• j Got ' . Lacy Frani4daguc TAPE #85-60 DOCKET #85-48 LHR 2182 7// f , ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : JULY 10, 1985 DOCKET # 85-45 - USR-POTTERY STUDIO, CATHERINE W. CARIASO DOCKET # 85-46 - QISR-EXPANSION OF LIVESTOCK OPERATION, MILE-HI SHEEP COMPANY DOCKET # 85-47 - USR-OIL & GAS PRODUCTION FACILITY, RA RESOURCES, INC. DOCKET #85-48 - AMEND USR-CRUDE OIL UNLOADING & STORAGE SITE, HUSKY PIPELINE COMPANY PLEASE write or print legibly your - name , address and the DOC 4 (as listed above) or the applicants name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING /2,711,2. ,o-cznta /13/011 335 til` 6X 727e:‘ . t J n', ae --ircolx... ,_,c,t_--...--Q-)...._ C - 6 -st ' 1,se.:- 14, Ste-Q.42f C-t, .: ci 0-1 fi(LSc.�- r. mitt " n4i Iyei c9,Zo43 Nojtc 494J/n4 _,c7 - l/ol T&t 5t • Z4 (y„„ or W_ [,tsOv ce5 1 "LtHi "1:4.-erA-.; it Ld ieL f X -erS -cy' / /)-e ��/ r y. fere, c 5"3 y 3 h/�' r?d o�. G..Ls S a ( L S ,4 �i- �� i.. i4v evv i 63113 Grl(1, ?C Gam* cfJ&/S- 6� - 4/6 // EXHIBIT INVENTORY CONTROL SHEET Case d,,,aS,_ UU Exhibit Submitted By Exhibit Description t,292,9.Iir t� - �i��/1.9rt� d . ram .r,��'��z.etG /�s. 'y' iii.,r • ioa. /e.ge neyirdQ�2Q,t,,;i, C. ��1/,Lzen-6 (-O/'Itfizata'l.J ��yCG�/7✓ ..lr/..C� 1//�ZJa-(/i3'�r D. � -C SW9g- E. F. G. H. I. J. K. L. N. N. 0. BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Paulette Weaver that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: Will Pn"97 CASE NUMBER: Amended USR-560:85:23 NAME: Husky Pipeline Company JUN 2 1 1985 ADDRESS: P.O. Box 1283, Cheyenne, Wyoming 82003 [L '5/3/D rn - �+.REELEY. COLO. REQUEST: Increasing storage capacity for a crude oil unloading and storage site LEGAL DESCRIPTION: Part of the SEZ, Section 22, T8N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1/2 mile north of the town of Pierce and west of Highway 85 be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3. 1 et seq. of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Comprehensive Plan policies in that the use does not infringe on continued agricultural use in the vicinity or County. The proposal does not appear to have any adverse impacts on the agricultural interests of the County or the environment; - The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review; - No overlay districts affect the site; - The town of Pierce has found the proposal to comply with their Comprehensive Plan; and EK/1/8/ T h" Amended USR-560:85:23 Husky Pipeline June 18, 1985 Page 2 - It is the opinion of the Planning Commission that the attached Operation Standards will minimize impacts on surrounding uses and the area to the greatest extent possible, and provide adequate protection for the health, safety, and welfare of the inhabitants of the area and the County. These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant information the request, and the responses of the referral entities which have reviewed this request. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. No building or electrical permits shall be issued for the Use by Special Review Permit area until the Standards for Use by Special Review have been placed on the Use by Special Review plat and the plat has been delivered to the Department of Planning Services office. 3. Within thirty (30) days from the date of approval by the Board of County Commissioners, the applicant shall provide the information requested in the attached Operation Standard #6. Motion seconded by Sharon Linhart. Vote: For Passage Against Passage Louis Rademacher Bill McMurray Paulette Weaver Doug Graff Lydia Dunbar Sharon Linhart Bob Ehrlich The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. Amended USR-560:85:23 Husky Pipeline June 18, 1985 Page 3 CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on June 18, 1985, and recorded in Book No. IX of the proceedings of the said Planning Commission. Dated the 19th day of June, 1985. a o� ‘rA Bobbie Good, ecretary OPERATION STANDARDS Amended USR-560:85:23 Husky Pipeline Company 1. The uses permitted on the property shall be a Crude Oil Receiving Station as described in the application materials on file with the Department of Planning Services and subject to the Operation Standards hereon. 2. The major facilities shall be eight (8) holding tanks: three (3) one thousand (1,000) barrel tanks, four (4) five hundred (500) barrel tanks, and one (1) three hundred (300) barrel tank; automatic custody units (skid mounted); and additional equipment as listed on the Use by Special Review plat submitted for recording. 3. Design and construction of the facility shall be in accordance with the submitted application materials, recorded plat, and the Weld County Building Code Ordinance. 4. The appearance of the facility shall be maintained in a neat and orderly condition through periodic painting and maintenance. 5. The Use by Special Review Permit area shall be maintained in such a manner as to prevent soil erosion and fugitive dust. 6. Petroleum products and compressed flammable gases are hazardous substances per C.R.S. 29-22-107 (2) (a) . The applicant shall provide a list of the maximum quantities of hazardous substances expected at the site and emergency phone numbers to the State Health Department, Division of Waste Management; the Weld County Emergency Response Coordinator; and the Nunn Fire Protection District. Evidence of this listing and emergency phone numbers shall be provided to the Department of Planning Services within thirty (30) days after the approval date by the Board of County Commissioners. 7. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 8. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 9. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Operation Standards stated hereon and all applicable Weld County Regulations. Operation Standards Amended USR-560:85:23 Husky Pipeline Company Page 2 10. The Use by Special Review area shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 11. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. Summary of the Weld County Planning Commission Meeting June 18, 1985 Page 6 CASE NUMBER: Amended USR-560:85: 23 APPLICANT: Husky Pipeline Company REQUEST: Amending a Use by Special Review Permit — Increasing Oil Storage Tanks LEGAL DESCRIPTION: Part of the SEZ, Section 22, T8N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately .5 mile north of the town of Pierce; west of Highway 85 APPEARANCE: Robert Fleenor, Manager, Husky Pipeline Company, reported they have an existing truck terminal for Husky Pipeline. The pipeline has been in existence since 1965, but they have a storage problem, especially if the weather is bad and they cannot get into the site because the road into the area is too muddy. The two additional one-thousand barrel tanks they are requesting are already in place on the property. The Board of County Commissioners gave them permission to go ahead with the understanding that if this request is not approved, the tanks will be removed. There is a lot of fire fighting equipment on this property and a truck fire, etc. , could probably be handled with no outside help. Tape 208 - Side - 1 The Chairman called for discussion from the audience. There was none. The Chairman asked the applicant if he had reviewed the recommendations, conditions, and Operation Standards as outlined by the Department of Planning Services staff. He stated he had not. The Chairman asked Gloria Dunn to read the recommendation, conditions, and Operation Standards into the record. The Chairman asked Mr. Fleener if he had any objections to anything as outlined. He stated he did not and agrees with everything as written. MOTION: Sharon Linhart moved Case Number Amended USR-560:85:23 for Husky Pipeline Company for an amendment for a Use by Special Review permit to increase the number of oil storage tanks be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation, conditions, and Operation Standards as outlined by the Department of Planning Services staff and the testimony heard by the Planning Commission. Motion seconded by Sharon Linhart. tx/I/SIT e Summary of the Weld County Planning Commission Meeting June 18, 1985 Page 7 The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Louis Rademacher - yes; Bill McMurray - yes; Paulette Weaver - yes; Doug Graff - yes; Lydia Dunbar - yes; Sharon Linhart - yes; Bob Ehrlich - yes. Motion carried unanimously. Consider proposed amendments to Sections 10 and 31.5.5 regarding animal units. (Continued from June 4, 1985, Planning Commission Meeting) . Rod Allison, Current Planner II, presented the following proposals for changes in the animal units per acre in agricultural zoned subdivisions: Alternatives for Animal Units for platted subdivisions zoned agricultural, unincorporated communities, and unplatted property zoned residential. A. No change to existing ordinance 2 per lot B. 2 per acre as currently proposed C. Lots less than 3 acres 2 per lot Lots larger than 3 acres 2 for the first 3 acres plus I per acre above 3 acres D. Lots less than 5 acres 2 per lot Lots larger than 5 acres 2 per lot Lots larger than 5 acres 2 for the first 5 acres plus 1 per acre above 5 acres NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use by Special Review are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a certified court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 85-48 Husky Pipeline Company P.O. Box 1283 Cheyenne, Wyoming 82003 DATE: July 10, 1985 TIME: 2:00 P.M. REQUEST: Amend Use by Special Review by increasing storage capacity for a crude oil unloading and storage site LEGAL DESCRIPTION: Part of the SE}, Section 22, Township 8 North, Range 66 West of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: June 26, 1985 PUBLISHED: June 27, 1985, in the Johnstown Breeze ExHifl j AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO ) I S5 COUNTY OF WELD I, Clyde Briggs, do solemnly swear that 1 NOTICO am publisher of The Johnstown Breeze; Pursuant to the Zoning laws of that the same is a weekly newspaper ne state.of Colorado and me printed, in whole or in part, and published Weld County Zoning Ordinance, a public hearing will be held in in the County of Weld, State of Colorado, the CountyChambers Comm sf the Board W of and has a general circulation therein; that C p{pa of the? of Weld Centennial"Trarder..egd.8Countn said newspaper has been published Street, First Floor, Greeley, continuously and uninterruptedly in said Alt peo, at the"time s marine. County of Weld for a period of more than All persons In any manner iinoterested in the Lae by Special fifty-two consecutive weeks prior to the Review era requested to a end first publication of the annexed legal notice and may be heard.. or advertisement; that said newspaper has Should the applicant or any interested party desire the been admitted to the United States mails as eporte eo make a record o court second-class matter under the provisions of proceedings, In-addition to the the Act of March 3, 1879, or any taped record which will be kept to amendments thereof, and that said the n Board's - Office RK the canCle be be contacted for a list of certified newspaper is a weekly newspaper duly court reporters in the area. If a qualified for publishing legal notices and court k to the Boa Board's obtained, the advertisements within the meaning of the be advised in writing of such laws of the State of Colorado. action at least five days prior to the hearing.The toot of engaging That the annexed legal notice or advertise- a court reporter shell be borne by the requesting party; ment was published in the regular and BE IT ALSO KNOWN that the entire issue of every number of said weekly text and maps so certified by the newspaper for the period of / consecu- Weld County. Planning Cop,- tive insertions; and that the first mission may be examined in the office of the Clerk tome Board of publication of said notice was in the issue ofCounty Commissioners ld Cunt' Centennial located said newspaper dated 6-.27 A.D. 1b9.4- Cente,9115 County Stret and that the last publication of said notice Floor, Greeley, Colorado. was in the issue of said newspaper dated DOCKET NO. 85-48 , A.D. 19 APPLICANT In witness who eof I have hstreunto set • Husky PipelineA Company my hand ll ...:' day of S�J,urf Box 1283 r/ Cheyenne, Wyoming A.D. 19MS 82003 DATE: July 10, 1985 TIME: 2:T P.M. ryes— REQUEST:cal Amendby Use -by Publisher Special -Review oy increasing storagenldi capacity f crude oil unloading and storage site LEGAL DESCRIPTION: Part of Subscribed and sworn to before me, a the-SEW Section 22,Township a Notary Public in and for thq. County of North. Range 66 'Nest of the 6th P.M., Weld County: Wel ^State of Color? this .4i. 'day of — BOARD OF COUNTY 19r� COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN vl"/�t" Public. FEUERSTEIN Notary Pu Public. COUNTY K AND RECORDER AND DCLERK . TO THE BOARD • BY::Mary Reiff. My commission expires Deputy p'' Jun., 1qe IYu/ DATED: June 26. 1985 ....e,n Parish Avenue • PUBLISHED. June 27. 1985. in ighnstown, CO 80534 the Johnstown Breeze PROOF OF PUBLICATi.,rN The North Weld Herald Eaton, Colorado 80615 STATE OF COLORADO, ) N County of Weld ) ss. Colorado�� of the � miles,a �. ty Zed%�• ca.shers w1ms�of 4e held m del slam County �C.en�y letter,Canty, Celende. W , 915 y One d..Boor,AS ey, Calends,m gmOredfla O tedln the Use Special Nwmereq�oa. . request- ed miq'beherr . m I, at ali-PC o�.J—� do solemnly swear that I am party desire me pronto teettet L6t CS h��'Of THE NORTH WELD HERALD; that the additiontMemmdrea record ethepenoepd(op, to the same is a weekly newspaper printed, in whole or in part, andkeptining the tepedeewepthe heoutio, theVAS MR be published in the County of Weld, State of Colorado, and has ewpeBeind+deettrti d'dW 'mow' a general circulation therein; and that said newspaper has oman miseisoe ' �beglaewd. bearing been published continuously and uninterruptedly in said "°"iteietBye daysw+er todb each . County of Weld for a period of more than fifty-two con- yIlte cost eteepehea a court repeet«.�A he text end secutive weeks next prior to the first OWN dmtnrli. as ehl art the annexed legal notice or advertisement; that saidtnews of newspaper St*CamOtWe.y�Ye Weld Oat"Men- has been admitted to the United States mails as second- dike e'h°Clerk the'se be A.m`a4 Ciienty class matter under the provision of the Act of March 3, 1879 ' ai bested he the-Weld County or any amendments thereof, and that said newspaper is a ` 91510th S Tided t.. .o?fomde, weekly newspaper duly AtgrucAK rate.db♦6 qualified for publishing legal Del%llpdhe notices and advertisements within the meaning of the laws P4.Best103 tore"'°y of the State of Colorado. r«o,e,wyo.duw DATE,debl0rass. Tans 3AOP.M. REQuEst That the annexed legal notice or advertisement was y, a etetepepepadtetthr= III s""�h�"�'" published in the regular and entire issue of every r/�n� tuber of �°n endowing.Oke. �reek m said weekly newspaper for the period of Ref- \ "' `l '�" SmUon 28.1 unship d Neeth;Ay1ye00 west 985 consecutive insertions; and that the first publication of said eru.dthP•m.,wudco®y, ye notice was in th ssue of said newspaper datedMFRS 'Me 26., e� ip Y A.D., 19 g.`1, WELD COLORADO and that the last publication of said notice was in the issue sr,MAxy coutrcxcreac RECORDER oersPEv BOARD of said publication dated _! z p — -� —_A.D., 19 SCS, Bart Itinty Reit Doi in the Ninth wad In witness whereof I hav hereunto set my hand this P.hd.red July a, l�sy day of A.D., 19 85 . stettC Subscribed and sworn to before me, a notary public in and for the County of Weld, State of Colorado, this Iew day of -rite nn A.D., 198S, r�1 ea . O � ry,-r J . Notary Public 223 Fieesr5r- Etwm(0a. /s My Commission Expires Oct. 21, 1987 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number e t J z) (j :52;e9,'D57,-2 3 JJJJJJ Submitted or Prepared Prior to Hearing At Hearing 1. Application /f) Pages LZ 2. 6 Application plat(s) / page(s) 3. DPS Referral Summary Sheet 4. DPS Recommendation / 5. DPS Surrounding Propery Owner Mailing List v /6. DPS Mineral Owners Mailing List 7. 3 DPS Maps Prepared by Planning Technician v� 8. DPS Notice of Hearing 9. DPS Case Summary Sheet (//dEi ce) b// 10. DPS Field Check 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. I hereby certify that the /6) items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further ify that these items wer rwarded to the Clerk to the Board's office on 02. 19 Current lanner STATE OF COLORADO ) COUNTY OF WELD SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF 19 SEAL 4L+ Ax �ne�,e� NOO A /J P.Y PUBLIC ,&itiBiT /T MY COMMISSION EXPIRFS My Commission Expires Feb. 13, 1989 Date: June 18, 1985 CASE NUMBER: Amended USR-560:85:23 NAME: Husky Pipeline Company ADDRESS: P.O. Box 1283, Cheyenne, Wyoming 82003 REQUEST: Increasing storage capacity for a crude oil unloading and storage site LEGAL DESCRIPTION: Part of the SEA, Section 22, T8N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1/2 mile north of the town of Pierce and west of Highway 85 THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 24.3.1 et seq. of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Comprehensive Plan policies in that the use does not infringe on continued agricultural use in the vicinity or County. The proposal does not appear to have any adverse impacts on the agricultural interests of the County or the environment; - The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review; - No overlay districts affect the site; - The town of Pierce has found the proposal to comply with their Comprehensive Plan; and - It is the opinion of the Department of Planning Services staff that the attached Operation Standards will minimize impacts on surrounding uses and the area to the greatest extent possible, and provide adequate protection for the health, safety, and welfare of the inhabitants of the area and the County. These determinations are based, in part, upon a review of the information submitted by the applicant, other relevant informationt-ie request, and the responses of the referral entities which have reviewed this request. Amended USR-560:85:23 Husky Pipeline Page 2 The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. No building or electrical permits shall be issued for the Use by Special Review Permit area until the Standards for Use by Special Review have been placed on the Use by Special Review plat and the plat has been delivered to the Department of Planning Services office. 3. Within thirty (30) days from the date of approval by the Board of County Commissioners, the applicant shall provide the information requested in the attached Operation Standard #6. OPERATION STANDARDS Amended USR-560:85:23 Husky Pipeline Company 1. The uses permitted on the property shall be a Crude Oil Receiving Station as described in the application materials on file with the Department of Planning Services and subject to the Operation Standards hereon. 2. The major facilities shall be eight (8) holding tanks: three (3) one thousand (1,000) barrel tanks, four (4) five hundred (500) barrel tanks, and one (1) three hundred (300) barrel tank; automatic custody units (skid mounted); and additional equipment as listed on the Use by Special Review plat submitted for recording. 3. Design and construction of the facility shall be in accordance with the submitted application materials, recorded plat, and the Weld County Building Code Ordinance. 4. The appearance of the facility shall be maintained in a neat and orderly condition through periodic painting and maintenance. 5. The Use by Special Review Permit area shall be maintained in such a manner as to prevent soil erosion and fugitive dust. 6. Petroleum products and compressed flammable gases are hazardous substances per C.R.S. 29-22-107 (2) (a) . The applicant shall provide a list of the maximum quantities of hazardous substances expected at the site and emergency phone numbers to the State Health Department, Division of Waste Management; the Weld County Emergency Response Coordinator; and the Nunn Fire Protection District. Evidence of this listing and emergency phone numbers shall be provided to the Department of Planning Services within thirty (30) days after the approval date by the Board of County Commissioners. 7. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 8. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 9. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Operation Standards stated hereon and all applicable Weld County Regulations. Operation Standards Amended USR-560:85:23 Husky Pipeline Company Page 2 10. The Use by Special Review area shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 11. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. FIELD CHECK FILING NUMBER: DATE OF INSPECTION: June 6, 1985 NAME: Getty Oil Company REQUEST: LEGAL DESCRIPTION: Part of the SEA, Section 22, T8N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: .25 mile north of Pierce, Colorado on the west side of U.S. Highway 85 LAND USE: N Farm field. E U.S. 85, farm field. S Farm field. W Chevron Facility, farm fields ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: The property is a well-kept truck unloading station. The station contains two 1,000 barrel tanks, four 500 barrel tanks, and one 300 barrel tank. The tanks are surrounded by a large berm. Two 500 barrel tanks are separated from the others by an additional berm. The farm fields are all planted in wheat. By: A/ s� I<�QA. Schuet L Zoning Inspector APPLICATION USE BY SPECIAL REVIEW Department of Planning Services, 915 Tenth Street, Creeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number Date Received Application Checked by Mylar Application Fee Receipt Number • Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we), the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed Special Review Permit of the following described unincorporated area of Weld County Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA Thrt of SE % Section 22 T 8 N, R 66 W '— LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: _SE % Section 22 T 8 N, R 66 W Property Address (if available) 14 mile North of Pierce, Colorado PRESENT ZONE OVERLAY ZONES TOTAL ACREAGE 3.5 Acres PROPOSED LAND USE Crude oil unloading and storage site EXISTING LAND USE Crude oil unloading and storage site SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW: Name: Harold and Edith Lebsack Address:P.O. Box 247 city Pierce,. Colorado Zip 80650 Home Telephone a (303) 834-2716 Business Telephone it Name: Address: City Home Telephone it Zip Business Telephone it Name: Address: City Home Telephone ik Zip Business Telephone it APPLICANT OR AUTHORIZED AGENT (if different than above): Name: Husky Pipeline Company Address: P.U. Box 1283 city Cheyenne, WY Home Telephone ik b Zip 520U) 3 Business Telephone (307) 634-185.3 List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Union Pacific Land Resources Corporation Address: Box 2500 city Broomfield, Colorado zip 80020 Name: Address: City Zip Name: Address: City Zip I hereby depose and state under the penalities of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. Laramie coU of ) HUSKY PIPFJINE COMPANY STATE OF 00a2n0O ) Wyoming R.E. Fleenor 11,, Signature: Owner of Authorized Agent Subscribed and sworn to before me this 14t day of May 85 19 ,:p SEAL i tt I Public NOTAR UB%I49UN'LY OF �, y STATE OF My commission expires Feb. 21, 1987 LARApw \f'� �1 " WVOuuris by Constailon Expires Feb. 21, 087 REFERRAL LIST APPLICANT: Husky Pipeline Company NUMBER: Amended USR-560:85:23 SENT REFERRALS OUT: REFERRALS TO BF RECEIVED BY: June 5, 1985 NO SR NR NO SR NR County Attorney qlX Pierce Planning Commission c/o Lois Souther X Weld County Health Dept. Town Clerk P.O. Box 57 4/ X Engineering Department Pierce, CO 80650 County Extension Agent X Pierce Lateral Co. c/o Irvin Nelson, Pres. ,/ X Office of Emergency Mngmt 10435 Weld County Road 84 Ault, CO 80610 State Engineer Division of Water Resources X Nunn Volunteer Fire Dept. 1313 Sherman St. , Room 818 c/o Steve Dill, Chief Denver, CO 80203 Nunn, CO 80648 tr.un 5 / a; L.:,on J X State Highway Department X Ault Fire Protection Dist. 1420 2nd Street c/o Lanny C. Clary Greeley, CO 80631 Box 36 Ault, CO 80610 Colorado Department of Health Water Quality Control Division ,7 X Colorado Oil & Gas Comm. 4210 East 11th Avenue 1313 Sherman St. Denver, CO 80220 Room 721 Denver, CO 80203 _ City of Greeley Planning Department 919 7th Street Greeley, CO 80631 Tri Area Planning Commission P.O. Box 363 Frederick, CO 80530 4( )( Lydia Dunbar Weld County Planning Commission Member Box 8 - Road 89 Grover, CO 80729 NO=No Objection SR=Specific Recommendations NR=No Response turd.�i. ft C dry rz' Chuck Cunliffe # O To Director, Planning Date May 31, 1985 COLORADO• FroJtea Ekman, Director, Office of Emergency Management , Subject: USR-560:85:23 Pursuant to State Senate Bill 172, Colorado Revised Statutes 29-22-107 (2) (a) hazard types and amounts shall be provided along with location to the Emergency Response Authority, waste management Division of the department of health and local fire district. Under these provisions no conflicts are noted with regard to the permit. cc: Robert H. Rhinesmith, Director, Information Services Agency JJ _ i r �i L Ward Cf,. Pfannfjg "Thia+ssim•, ADVANCE LAND-USE APPLICATION SUMMARY SHEET June 18, 1985 Planning Commission Agenda CASE NUMBER: Amended SUP-560:85:23 NAME: Husky Pipeline Company ADDRESS: P.O. Box 1283, Cheyenne, Wyoming 82003 REQUEST: Amending a Special Use Permit to add two 1,000 BBL storage tanks. LEGAL DESCRIPTION: Pt. SEA of Section 22, T8N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1/2 mile north of the Town of Pierce, west of Highway 85. SIZE OF PARCEL: 3.5 acres, more or less. z v V • I ], 3 , .NUnv\L q� s 1° n ! 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' y`. 1 ." ..$ Y''t4as .. �31:•.x. 1 _-.t M. ♦ 4 '.4..,...r 0.- w` •44,444 3 '+_ • '"t:: 4.r r 3.1":,.'.1°.4°::.'"?;... 4 .....,3 r •• 1S .•` -' 44,II t,.. . r.1 s te^t . 1 ,.I.1)44". ` #3„"w tt 1 Ki J j... ^5. t y II Sl _"��(p� i yytt 11 }a q i{ t • • r. y • I•x'yt4 »•' (.1-,,,,,,i c� ,� .f� I3f`• Y,v af0,tt- . ..:,'j �, tt;� 11• i A ' k 6 st 7. , 5 d ` . .. <.. l . �� 1a {�'.f' j ,fir. iqS 441 r MME - 'd . .1L ♦, i,� t,y1F _ rp't•;,'I I..i • - 1. — nen— 1 . ,i e ,� \ th'.ZNh.. :' '.�,. MAILING LIST HUSKY PIPELINE COMPANY USR-560 SURROUNDING PROPERTY OWNERS Harold Lebsack P.O. Box 247 Pierce, Colorado 80650 MAILING LIST HUSKY PIPELINE COMPANY USR-560 MINERAL OWNERS Union Pacific Land Resource Corp. P.O. Box 2500 Broomfield, Colorado 80020 . C C $$r$ sus `` K ............ DEPARTMENT OF PLANNING SERVICES 3,}t ti,„ PHONE(303)356-4000 EXT. 4400 915 10th STREET 1 ism GREELEY,COLORADO 80631 <r c • g yf. Na "A COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on June 18, 1985 at 1:30 p.m. to review a request for approval of an amended Use by Special Review Permit from Husky Pipeline Company to add additional oil storage tanks on a parcel of land described as Part of the SEA, Section 22, T8N, R66W of the 6th P.M. , Weld County, Colorado, containing 3.638 acres, more or less. The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on June 18, 1985. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4000, Extension 4400. Robert E. Ehrlich, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1)7�/ time by May 23, 1985 (publication date) Received by: .1 Date: 577 P.O. Box 1283 Husky Pipeline Company Cheyenne, Wyoming 82003 (307)634-1853 May 14, 1985 Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80631 Gentlemen: Husky Pipeline Company hereby submits its' application for "Use By Special Review" for permission to set two-1000 barrel bolted tanks within the fenced area of our existing crude oil receiving station as required by Section 24 of the Weld County Zoning Ordinance. We believe that our proposed tankage is consistant with the Weld County Comprehensive Plan and the intent of the district in which it will be located for the following reasons: Proposed use - Additional stroage for trucked crude oil prior to delivery to pipeline. Need for use - Provide adequate storage for efficient operation. Need additional storage so trucks can unload with- out waiting for pipeline to pump out tanks. Trucks will not have to wait long periods to unload, tanks can fill then pump out at night, operating pres- sures and power consumption for pipeline will be reduced. Use on surrounding properties - East Highway 25, West Chevron Oil facility, North and South dry land agriculture. Distance to residential structures - North ''4 mile, South '4 mile, East ''/ mile, West 3/4 mile. Maximum number of users - For the proposed tanks, only one, Husky Pipeline Company. Maximum number of employees - 1, number of shifts - 1, hours of operation - 24. Type of water source for intended use - NA, no water required. Access route - No change in access route, existing access will be used. State Department of Highways Permit No. 483049 dated July 21, 1983. Type, size, weight and frequency of vehicular traffic — Type transport trucks, size 200 bbl, loaded weight 85,000 pounds, frequency average 10 per day, most of which will be in daylight hours. Type of sewage facilities — NA, none required. Page 2 Application for "Use By Special Review" (cont) Proposed fire protection measures - Existing fire extinguishers, 1-125 lb. Ansul Dry Chemical Wheeled Extinguisher, 2-30 lb. Ansul Dry Chemical Extinguishers, located to be most accessible if needed. Type and maximum number of animals - NA, no animals will be con- centrated on the area. Type and size of any waste, stockpile or storage areas associated - NA, no waste will be stockpiled, no storage area other than the proposed two-1000 bbl tank addition. Type of storm water retention - NA, no storm water will be retained, natural drainage, not restricted. Time schedule and method of removal and disposal debris, junk and other waste - Will be removed weekly if there is any by pickup truck to public dump . This operation does not generate waste. Jandscaping plans and erosion control - Land limited to gravel driveways and tank dikes now existing. Flat ground does not require special erosion control. Tank diked area capacity is 23,262 cu. ft. , tanks in- cluding 2 proposed capacity is 18,528 cu. ft.. See exhibit C-1 attached. Reclamation procedures to be employed upon cessation of use - Our lease agreement with the owner requires us to restore the surface area to as near original condition as possible. Time table for construction - Start 15 days after application is approved. Estimate 15 working days construction time. Again, we believe our proposed tankage is consistent with the Weld County Comprehensive Plan and the intent of the district in which it is located for the following reasons: Consistent with Weld County Comprehensive Plan - The proposed tank will be located within our existing crude oil re- ceiving station. Consistent with the intent of district in which use is located - New tanks located within existing crude oil receiving station. Crude oil receiving station is adjacent to existing Chevron Oil storage and treating facility. Efforts to conserve ,productive agriculture land - Located within existing crude oil receiving station, no productive agricultural land will be used. Provision for protection of health, safety and welfare - The pro- posed tanks will._be approximately one fourth mile north of the town of Pierce, Colorado, thus pro- viding an adequate buffer in case of emergency situations. Further the tanks will be located within an existing chain link fence to prevent ac- cidental injury to third parties. Tank dikes around all tank would contain any tank failure. Page 3 Application for "Use By Special Review" (cont) Uses permitted will be compatible with surrounding land uses - East Highway 85, West Chevron Oil Storage and Treating Facility, North and South dry land agriculture class III, Type 174. Proposed tankage will be compatible with surrounding area - Located within existing crude oil receiving station which is located beyond the area identified as "Future Town Growth Area" on the Weld County Future Land Use Map, dated January 1973. "Use By Special Review" area is not located in a flood plain, geologic hazard or Weld County Airport overlay district area. Proof that water supply will be available - NA, no water supply is required. Copy of Surface Lease and Joint 0ccupany Agreement to show ap- plicant's interest in property under consideration attached to application. Noise report - NA, the proposed tanks will not generate any noise. Certified list of the names, addresses and the corresponding parcel I.D. numbers assigned by the Weld County Assessor of the owners of property within five hundred (500) feet of property subject to the application attached. Certified list of the names and addresses of mineral owners on or under the parcel of land being considered attached. USE BY SPECIAL REVIEW PERMIT PLAN MAP attached. If you should require any additional information or clarification regarding this application, please advise. d f,±C-eAv ter-- Robert E. Fleenor Manager Pipelines REF:jh attachment cc: J.S. Chittim J.R. Fleenor B.G. Fullen AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property 3.5 Acre tract in the SE '/4 Sec. 22 — T8N — R66 W Wyoming STATE OF OODOEMO ) Laramie ) ss. COUNTY OF)WDDD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. HUS Y PIPELINE COMPANY by A -/w( C - -t t' ! .7'i Robert E. Fleenor The foregoing instrument was subscribed and sworn to before me this 14th day of May 1985 . WITNESS my hand and official seal. My Commission expired Feb 21 1967 J0LINE A. HUBBELL - Mabry Public COUNTY OF nookSTATE OF ///J y{ tA7LA111H 1 f (.� . (CY�.�Gc-Ce� wYomfitSt r Public My OnnisMNi E+mles Feb. 21, 1987 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # (SURFACE) Harold Lebsack P.O. Box 247 62055322000008 Pierce, Colorado 80650 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property 3.5 Acre tract in the SE '/, Sec. 22 — T 8 N — R 66 W Wyoming STATE OF W D ) Laramie ) ss. COUNTY OF b ±4 ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lesses of mineral owners on or under • the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. HUSKY PIPELINE COMPANY // t // by 7" � T Cf- /f Cki%:47%7� Robert E. Fleenor The foregoing..instrument was subscribed and sworn to before me this 14th day of May , 19 85 WITNESS my hand and official seal. My Commission expires: Feb. 21, 1987 JOUNE A. HUBBELL - Notary Pa f COUNTY OF t y) STATE or COMMIBSIon Expire. Feb. 1Y i!?1tary blic • NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION 0 MINERAL Union Pacific Land P.O. Box'2500 Resource Corporation Broomfield, Colorado 80020 Unknown --1 i o K,,,...._._ P l. N 1 '.-) a w O 'I ' U -v W U 3 ti \ 1.4 ` • V Q ill c7 • _ti _ N --- ` / \ / ( Q i_Lj O CO iu cY / eLl Y O` O I C � 4 / 1 / \ / \ / 4 v 0 I� T I I *4 OCN e __—/ \ i �. /e J N \\ t / Cl.1 C) \ \ / Q S O / � z \` w . k v ' I o O l l Z I ��m b \ o / e; c; ci ei ci \ v / 0( CO T vN NJ � N / / o n K `) ,c\c� lu . V ..i.‘..1 �I if if 11 II V >1 l(--- .. J 03 / \ '•j \ k- '? 'J .p . k Q I ox o t4 x k \m � �L I �,,,. <,,, a — _ / c,: ,Z [ Ik— ---V • i v rJ T N ' 0 V R. O k SII r r -- .V Q CJ Getty Trading & Transportation Co . P . O . Bo: 9 SURFACE LEASE Denver , uolorado 80217 Attn : ALAN D. SANSTRA STATE OF CacorADO ) COUNTY OF I,�E/fU7i/2- ) ss. : THIS INDENTURE, made this e6'day of - -Y 19 5- between Harold and Edith Lebsack, husband and ,4 wife, (hereinafter referred to as "Lessor") and Getty Trading and Transportation Company, a Delaware corporation, (hereinafter referred to as "Lessee") . WITNESSETH: That, for and in consideration of the sum of $500.00, the receipt of which is hereby acknowledged, and the covenants herein contained on the part of Lessee, to be kept and performed, Lessor has demised and leased and by this instrument does hereby demise and lease unto Lessee the following described parcel of land in Weld County, in the State of Colorado: a 3.5 acre parcel located adjacent to the westerly side of U. S. Highway #85 in the SEA of Section 22-T8N-R56W (hereinafter referred to as "said premises") TOE AND TO HOLD for the term of /O years from the 2 a. TTday of �44- y , 19 t 33 ; but subject to the following terms and conditions, to wit: 1. That Lessee shall pay in advance as rent for said premises the .sum of Eeue:.. 11-te.7 77c,us.4ND Dollars ($ /7.coo.oc ) , less any monies heretofore paid. 2. That Lessee shall use said premises as a site for a crude oil injection station. 3. That Lessee shall have the' option to extend this lease for an additional 10-year term at a rent agreeable to Lessor and Lessee. 4. That Lessee shall have the right to assign this lease in whole or in part. 5. That Lessee, upon termination of this agreement, shall restore the surface area leased to as near its original condition as practical . 6. All the terms , conditions and covenants of this lease shall , during its continuance, be binding upon the parties and their heirs, successors and assigns . 7. Lease shall become null and void if Lessee does not pay to Lessor the balance due under this lease within 120 days of execution hereof, and Lessor shall be entitled to retain all monies paid to date. GETTY TRADING AND TRANSPORTATION COMPANY HA OLD B CK BY ff c ef .P fa�P j LES EE ALAN D. SANSTRA LESSORS EDITH LEBSACK B 1009 REC 01942773 10/06/83 11 : 18 $6 . 00 1/002 F 1694 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO RECEIVED DEC 5 1983 • R. E. FLEEN0R B 1009 P- 01942773 10/06/83 11 : 3 $6 . 00 2/002 , F 1695 M .. _ ANN FEUERSTEIN CLERK & .. ORDER WELD CO, CO STATE OF �`c Lo /24 .0 c0 ) COUNTY OF , NO iz ) ss : Before me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared ,44M t p Zn- r do/C t and , nen,' I Le rAcK known to me to be the person W who executed the within and foregoing instrument, and, acknowledged to me that executed the same as .,L4 eiv- free and voluntary act and Aeed for the purposes and consideration therein expressed. Given under my hand and seal of office this ?r':- day of M4 y A.D. 1913 . \`‘‘N‘ D. Sq�,s •• /710&_ ; NOTARY-PUBLIC • `1'a ctingt,O-i,E Aires: °F'•co`°.. My Commission expires August 26, 1986 THE STATE OF . COUNTY OF Before Me, the undersigned, a Notary Public in and for said County and State, on this day of , 19 , personally appeared to me known to be the identical person who subscribed the name of the maker thereof to the foregoing instrument as its , and acknowledged to me that he executed the same as his free and voluntary act and deed, and as the free and voluntary act and deed of such corporation for the uses and purposes therein set forth. In witness whereof, I have hereunto set my hand and official seal . NOTARY PUBLIC • My Commission expires , 19 It is understood and agreed by Lessor that Lessee shall have the option to execute this indenture within one hundred, twenty (120) days after the date of Lessor's execution hereof; and if so executed by Lessee within said period, this surface lease shall be fully effective and binding upon Lessor and Lessee as of the date of Lessor' s execution; but if Lessee shall not have executed this instrument within the above time period, this lease shall be null and void. Lessor shall be entitled to retain the $500.00 paid hereunder. Lessee shall have no further obligations with respect to the leased premises or arising in any manner hereunder. -N �. B 10" C 01944256 10/20/83 F 00 . MARY ANN FEUERSTEIN CLER,, & RECORDER WELD CO, CO AMENDMENT TO SURFACE LEASE This Agreement, made this 2Oeday of Oc7-c O£/2, 1983 between Harold and Edith Lebsack, husband and wife, and Getty Trading and Transportation Company, a Delaware corporation, referred to respectively as the Lessor and Lessee in a certain Lease dated May 28, 1983 between the parties. WITNESSETH: That for the purpose of clarifying the description of the property which is the subject of the aforesaid May 28, 1983 Lease, the parties hereto agree to amend said Lease by deleting the property description which reads: a 3.5 acre parcel located adjacent to the westerly side of U.S. Highway 1/85 in the SE/4 of Section 22 - T8N -R66W" and in its place inserting the following description: A tract of land located in the Southeast Quarter of Section 22, Township 8 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado and being more particularly described as follows: Commencing at the Southeast Corner of said Section 22 and considering the South line of said Section 22 to bear North 890 36' 23" West, and with all other bearings contained herein relative thereto; Thence North 190 35' 15" West, 1240.86 feet to a point on the westerly right-of-way of U.S. Highway No. 85 and the true point of beginning; Thence South 730 11' 00" West, 235.05 feet; Thence North 160 49' 00" West, parallel to the centerline of said U.S. ' Highway No. 85 and the centerline of the Union Pacific Railroad, 522.27 feet; Thence North 360 59' 00" East, 222.43 feet; Thence North 660 25' 10" East, 71.00 feet to a point on the westerly right-of-way of said U.S. Highway No. 85; Thence along said Highway right-of-way by the following two (2) courses: South 160 49' 00" East, 563.81 feet; South 100 09' 45" East, 129.06 feet to the true point of beginning; Said tract of land contains 158,456 square feet (3.638 acres) and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said tract of land. RECUTE° DEC 51963 R. E FLEENOR R lOll REC 01944256 10/20/83 13 : 44 F 0067 MARY ANN 'I '.RSTEIN CLERK & RECORDE6 On D Co, 0CO 2 I-g^' Amendment to Surface Lease Page Two • All other terms and conditions of the said Lease shall remain in full force and effect, with the further provision that Lessor in said Lease acknowledges receipt of payment from Lessee of $17,000 as rent for the aforedescribed premises. LESSORS: Harold L bs k ac dith Lebsack LESSEE: GETTY TRADING AND TRANSPORTATION COMPANY • • By: &R. ��1,'�!, 2tM•aN, E . R. 1urra•yt, STATE OF COLORADO ) h Vice President Engineering & Const ss. COUNTY OF DENVER ) Before me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared f4Ai?otp 1). LF_RSArK and ,- 2 ,rH /, / .Fit c-ick , known to me to be the persons who executed the within and foregoing instrument, and acknowledged to me that they executed the same as their free and voluntary act and deed for the purposes and consideration therein expressed. Given under my hand and seal of office this 20a day of ne.rer3Ei2 , 1983. • `:•`^:'J�. I o ary Public \\ IPP 'anssion Expires: �1' gfJrers is: Au.usit 2&, F 3s'& °A\ COLORADO ) y •.••• ss. °CO191*1OF OF DENVER'G Before me, the undersigned, a Notary Public in and for said County and State, on this 20 day of October , 1983, personally appeared E . R. Murray to me known to be the person who executed the foregoing instrument on behalf of Getty Trading and Transportation Company as its Vice President , and acknowledged to me that he executed the same as his free and voluntary act and deed, and as the free and voluntary act and deed of such corporation for the purposes and consideration therein expressed. `� '/ Given under my hand and seal of office this 204' day of t�L\\( 4ffk.Ca-S, , 1983. ��O T4Ry • • A Notary Public Y O ; ';4y•Eorgrr lon Expires: b7y adtfess is: My Commission expires August 20, 1985 RECEIVr. DEC 5 1983 R. E. FLEENOR LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE SOUTHEAST G.APTFR OF SECTION 22, TOWNSHIP 8 NORTH, ¶' NE4 66 WEST OF THE 6th PRINCIPAL MERIDIAN. AELD CW*tTY, COLORADO ANO BEING MORE PARTTi.wARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 22 AND CONSIDERING THE SOUTH LINE OF SAID SECTION 22 TO BEAR NORTH 890 36' 23' WEST, AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 19° 35' 15' WEST, 1240.86 FEET ;a A POINT ON THE WESTERLY RIGHT-OF-W.A7,OF U.S. HIGHWAY NO. 85 AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 73° 11' 00' WEST, 235.05 FEET; THENCE NORTH 16° 49' 00' WEST, PARALLEL TO THE CENTERLINE OF SAID U.S. HIGHWAY N0, 05 AND THE CENTERLINE OF THE UNION PACIFIC RAILROAD. 522.27 FEET; THENCE NORTH 36° 59' 00' EAST, 222.43 FEET; THENCE NORTH 66° 25' 10' EAST, 71.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-MAY OF SAID U.S. HIGHWAY NO, 85; THENCE ALONG SAID HIGHWAY RIGHT-OF-WAY BY THE FOLLOWING TWO (2) COURSES; SOUTH 16° 49' 00' IASI, 563.81 FEET; SOUTH 10° 09' :5' FAST, 129.06 ECU TO THE TRUE POINT OF BEGINNII+•; SAID TRACT OF LAND CONTAINS 158,456 SQUARE FEET (3.638 ACRES) AND IS SUBJECT TO ANY \ RIGHTS-Of-WAY OR OTHER EASEMENTS AS GRANTED OR RESERVED BY INSTRUMENTS OF RECORD OR AS �., NOW EXISTING ON SAID TRACT OF LAND. \' JOINT OCCUPANCY AGREEMENT THIS AGREEMENT, made and entered into as of the 2nd day of November, 1983, by and between Getty Trading and Transportation Company, a Delaware corporation, (hereinafter referred to as "GTTC"); and Husky Pipeline Company, a Delaware corporation, (hereinafter referred to as "Husky"), said parties hereinafter collectively referred to as the "Parties". RECEIVED DEC 5 1983 WITNESSETH: R. E. FLEENOR WHEREAS, GTTC has entered into an a Surface Lease agreement dated May 28, 1983 and amended October 20, 1983 with Harold and Edith Lebsack (hereinafter referred to as the "Lease") to lease property located in the SE/4 of Section 22-T8N-R66W in Weld County, Colorado which is more particularly described in the Lease (hereinafter referred to as the "Premises"); and WHEREAS, Husky and GTTC desire to share the use of the Premises for the purposes set forth herein and on the terms and conditions hereinafter stated. NOW, THEREFORE, for and in consideration of the mutual promises of the Parties, it is agreed as follows: 1. LEASED PREMISES 1.1 GTTC hereby assigns without warranty or representation to Husky and Husky hereby accepts from GTTC the assignment of an undivided one half of the interest held in the Premises by GTTC pursuant to the Lease. 1.2 As consideration for the assignment set forth in Section 1.1, Husky agrees to pay to GTTC, upon execution of this Agreement, the sum of $3,750.00; and Husky further agrees to be bound by all terms and conditions set forth in the Lease as if it had executed the Lease as a Lessee. The Lease Is attached hereto as Exhibit "A" and by reference made a part hereof. The Lease shall only be extended or renewed upon mutual agreement of the parties. 1.3 GTTC agrees to obtain a Leasehold Title Insurance Policy insuring good and sufficient leasehold title in GTTC, with the cost of such policy to be equally divided between Husky and GTTC. In the event GTTC is unable after reasonable diligence to obtain said policy of title insurance, this Agreement shall be null and void; and Husky shall be reimbursed by GTTC for the consideration paid pursuant to Section 1.2. Joint Occupancy Agreement between Getty Trading and Transportation Company and Husky Pipeline Company Page 2 2. PURPOSE 2.1 Each party shall construct, operate and maintain a crude oil unloading, storage and injection station (hereinafter referred to individually as the "GTTC Station" and the "Husky Station" and collectively as the "Stations") on the Premises at the locations set forth on the attached Exhibit "B", which is by reference made a part hereof. 2.2 Each party shall be solely responsible for the construction, operation and maintenance of its Station on the Premises, provided that any variations from the locations set forth on Exhibit "B" shall be mutually agreed upon by the Parties. 3. SITE PREPARATION 3.1 GTTC shall cause a survey to be made of the Premises and shall construct or have constructed the roadway, parking areas, tank dikes and pads for both the GTTC Station and the Husky Station, in accordance with the plan set forth on Exhibit "B". 3.2 Husky agrees to pay GTTC, upon receipt of GTTC's invoice, for one half of the cost of the work undertaken by GTTC purusant to Section 3.1. 3.3 The cost of bringing electrical service to the Premises shall be shared equally by the Parties, provided that each Party shall bear the cost of installing its own separate electric meter and the cost of electricity used by it. 4. MAINTENANCE OF THE PREMISES 4.1 GTTC shall undertake all maintenance and repairs on the Premises of the areas and equipment which have shared usage by the Parties. GTTC shall take such steps as are necessary to insure that such areas and equipment of shared usage are kept in compliance with all local, state and federal laws pertaining to safety, health and environmental protection. 4.2 Husky agrees to pay GTTC, upon receipt of GTTC's invoice, a proportion of the cost incurred by GTTC for maintenance and repairs on the Premises of the areas and equipment which have shared usage. Such proportion of cost to be paid by Husky to GTTC shall be determined by comparing the total number of barrels unloaded by Husky at Husky's Station compared to the total number of barrels unloaded by GTTC and Husky at the Stations. Barrels unloaded at each respective Party's Joint Occupancy Agreement between Getty Trading and Transportation Company and Husky Pipeline Company Page 3 Station shall be determined on an annual basis and applied in determining said proportion of cost for the forthcoming year; provided that during the first year of operation of the Stations, it shall be assumed that the barrels unloaded by each party are equal for determining said proportion of cost. 4.3 Each Party shall be responsible for maintenance and repairs on its separate Station and shall maintain its Station in safe operating condition and in compliance with all applicable local, state and federal rules pertaining to safety, health and environmental protection as well as in conformance with the Lease. 5. TAXES - 5.1 All use or occupation taxes, licenses, permits or other governmental levies against the Premises or resulting from the Parties' use of the Premises shall be paid by the Party whose use caused such tax, license, permit or levy. If it cannot be determined which Parties' use caused a tax, license, permit or levy, the parties shall share equally in the cost of the same. 6. REMOVAL OF FACILITIES 6.1 Each Party shall remove its respective facilities from the Premises at the termination of the Lease and restore the land area which it has utilized for its facilities to as near the condition on the day the Lease was executed as is practical. 6.2 GTTC shall restore the areas of shared usage by the parties to as near its condition on the day the Lease was executed as is practical at the termination of the lease. Husky shall pay, upon receipt of an invoice from GTTC, for one half of the cost undertaken by GTTC to restore the areas of shared usage by the parties to the said condition. 7. RESTRICTIONS 7.1 Neither Party shall sell, assign, or sublet its interest in the Premises without the written consent of the other Party, provided however, that neither Party shall unreasonably withhold its consent. 7.2 Notwithstanding anything to the contrary herein, GTTC shall not undertake any project or intentionally incur any expense pursuant to this Joint Occupancy Agreement between Getty Trading and Transportation Company and Husky Pipeline Company Page 4 agreement on Husky's behalf which is reasonably expected to exceed $5,000 without Husky's prior approval. 8. LIMITATION OF LIABILITY 8.1 Husky and GTTC agree to share equally in the payment of all claims, demands and causes of action of every kind and character, including injuries to or death of employees or agents of GTTC, when such claims, demands or causes of action arise out of or are the result of the work undertaken hereunder by GTTC pursuant to Sections 3.1, 4.1 and 6.2 of this Agreement, unless such is attributable to the sole negligence of GTTC, its employees or agents. 8.2 Except as provided in Section 8.1, neither Party shall be liable to the other Party, its agents, employees, invitees or any other person whomsoever, for any debt, injury to person or damage to property on or about the Premises when such is caused solely by said other Party's use and occupation thereof and activities thereon; and said other Party shall and hereby agrees to indemnify, save and hold harmless the first mentioned Party in this paragraph of and from any claim, demand, action or causes of action of whatsoever kind caused solely by said other Party's use and occupation and activities on the Premises. 9. NOTICES 9.1 All notices required or permitted to be given hereunder in connection herewith shall be in writing and sent by first class United States mail, postage prepaid and addressed to the respective parties as follows: Getty Trading and Transportation Company 1670 Broadway P.O. Box 5568 Denver, Colorado 80217 Attn: Alan D. Sanstra Husky Pipeline Company Box 1283 Cheyenne, Wyoming 82003 Attn: R. E. Fleenor Joint Occupancy Agreement between Getty Trading and Transportation Company and Husky Pipeline Company Page 5 10. SUCCESSORS 10.1 The terms, conditions and covenants contained herein shall apply to and inure to the benefit of, and be binding upon the parties hereto and the respective successors in interest and legal representatives. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto to be effective the day and year first mentioned above. ATTEST:: GETTY TRADING AND TRANSPORTATION COMPANY V �1 By: / BY: c a � 1,. ;,.,r � /� -/C3 ATTEST:/` HUSKY PIPELINE COMPANY By: 41)-7-,P*7/1 By: Hello