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Home My WebLink About20240308.tiffRESOLUTION RE: APPROVE PARTIAL VACATION, VAC24-0001, OF USE BY SPECIAL REVIEW PERMIT, USR17-0067 - ROBERT L. SELTZER FAMILY TRUST, C/O JACK SELTZER, TRUSTEE 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 April 4, 2018, the Board approved the request of Robert L. Seltzer Family Trust, 33641 County Road 83, Briggsdale, Colorado 80611-7808, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0067, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (self -storage facility) provided the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivision in the A (Agricultural) Zone District, on the following described real estate, to -wit: Lot A of Recorded Exemption, RE -4482; being part of the SW1/4, W1/2 SE1/4 of Section 34, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board has received a request from the current property owner, Robert L. Seltzer Family Trust, c/o Jack Seltzer, Trustee, 33641 County Road 83, Briggsdale, Colorado 80611-7808, to partially vacate Use by Special Review Permit, USR1 7-0067, and WHEREAS, On November 10, 2021, the Department of Planning Services staff, as a Condition of Approval of LLA21-0033, required the vacation Lot B of LLA21-0033, 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 partial vacation, conditional upon the following: 1. Pursuant to Section 23-2-280.B of the Weld County Code, the applicant shall submit a revised USR map, titled "Partial Vacation of Use by Special Review Permit, USR17-0067", conforming to Section 23-2-260.D of the Weld County Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Use by Special Review Permit, USR17-0067, be, and hereby is, partially vacated, with the abovementioned condition, with said map to be titled and recorded as "Partial Vacation of Use by Special Review Permit, USR17-0067". 4949086 Pages: 1 of 2 03/13/2024 12:24 PM R Fee:$0.00 CC:PL(EK/MN/DA) Carly Koppel, Clerk and Recorder, Weld County , CO AS ;466) APR mill P11,11 'II��V '4 , 4f t.l�'IAM PII�M��I Yoh 11 II1 03 /26424 2024-0308 PL2531 PARTIAL VACATION, VAC24-0001, OF USE BY SPECIAL REVIEW PERMIT, USR17-0067 - ROBERT L. SELTZER FAMILY TRUST, C/O JACK SELTZER, TRUSTEE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of February, A.D., 2024, nunc pro tunc January 25, 2024. ATTEST: t7.A) c Weld County Clerk to the Board BY: Deputy Clerk to the Board A O ED M: County torney , I Date of signature: Z'Zd l 2`-t BOARD OF COUNTY COMMISSIONERS WELD COUNT O Kevi Ross, Chair Perry L. B k, Pro -Tern c Mike Freeman Scott K. James Lo, -' Caine 4949086 Pages: 2 of 2 03/13/2024 12:24 PM R F.. $0.00 Carly Kopp.., Clerk and Recorder, Weld County , CO mill 1 11a I:I# IIfl? i l 11 11111 2024-0308 PL2531 1861 MEMORANDUM 't% 1 . � To: Board of County Commissioners 11II'l From: Diana Aungst, Planner III G0U�N?Y Partial Vacation of USR17-0067 - Self -Storage and Subject: limited outdoor RV and Boat Storage Facility Date: February 7, 2024 The Department of Planning Services received a request, dated February 2, 2024, to partially vacate USR17-0067. A Lot Line Amendment (LLA21-0033) was approved for this site and the property owner is requesting to exclude Lot B from the Use by Special Review. The LLA21-0033 Staff Report Condition of Approval #1.A., states, "Use by Special Review Permit USR17-0067, reception # 4474130, for a self -storage facility in the A (Agricultural) Zone District is located on portions of both proposed Lot A and Lot B of LLA21- 0033. The applicant shall address the continued operation of USR17-0067 and which lot(s) it is to be associated with. If the applicant wants to remove any or all of the lots f rom USR17-0067, a partial or complete USR vacation request letter and map shall be submitted to the Department of Planning Services. A USR vacation hearing shall be held before the Board of County Commissioners prior to recording the Lot Line Adjustment plat." The partial vacation of this USR will meet the requirements of this Condition of Approval and place the USR on Lot A of LLA21-0033. The Department of Planning Services is recommending approval of this partial vacation. Background information: Legal Description: Lot B of Lot Line Adjustment LLA21-0033; being part of the SW4 of Section 34, T1 N, R67W of the 6th P.M., Weld County, CO Location: East of and adjacent to CR 19 and north of and adjacent to CR 2. April 4, 2018: The USR was approved for: Site Specific Development Plan and Use by Special Review Permit (USR17-0067), for any use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (Self -Storage Facility), provided that the property is not a Lot in an approved or recorded subdivision part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. March 18, 2019: USR17-0067 was recorded with the Weld County Clerk and Recorder. 2024-0308 0'177 ®L,2531 DocuSign Envelope ID: 03E2E205-3D72-40D5-B56F-9119855AEE96 To: Weld County Planning Department On behalf of Seltzer Family Trust, we respectfully request the partial vacation of USR17-0067, be removed from lot B off LLA 210033. Respectfully, Robert Demaree CDoeuslgned ey: )Q2/2/2024 I 1:43 EST OOEC28A1 DCDC43D:.. PARTIAL VACATION OF USR17-0067 7-0067 ON LOT A OF LLA21-0033 BEING PART OF THE SOUTH 1/2 OF SECTION 34, TOWNSHIP I NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO SHEET 1 OF 2 ur1r� w""+'o�art .w nv[cvarm+rc.rr !irr P - I' . 2000' All CR KCY YAP - t 2000 vICIRTY YAP - 1 . 2000 PARTIAL VACATION OF USR 1 7-0067 ON LOT A OF LLA21-0033 BEING PART OF THE SOUTFI 1/2 OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TFl P.M., COUNTY OF WELD, STATE OF COLORADO IN B RING I TANG r �gg `�� _ Lt S 89'3257 w 490.39 - ' �a -—�`------- L2 N 00'2700 W 84.13 aEa,sam.� I /• ' \ 0.ECEPTKw NO. ]95GY,1 1 LS N 89'27 53 E 62.63 - / / I oAy4E�w L7 S 89'33 00 W 34.00 N 89'32'57" E 1652.98' / D LB N 00'2700 W 54.00 `Wa`"••« `�/�LIA21-0033.s�rsq wT,H p.._...,.,.,".. L9 N 89'3300 E 36.00 ^^'«' ,%wn sp`��w s—""'�"•' L12 5 00'36 a9 E 809.25 /t� N'6/ a€ '_`�j' _ \•1 a E Ts,/1emsse e -"••.....•.. � �,J�`-ND. / , _ / •.'.: - '---=-<-- - � r _l. -' p _._...mow, / / {�% b.]^f �.. n.w.. �l.E�,lI % /• `/ �RxIMM7 D.}+ur.._r SELTZER ]A .or...m"" �, v T 1. i� ..,�.�.•.�... j� ABANDONED / !-� i •+.v.........i...�.. a a i.$ZSAil56f OII / -_1 �- `• .��' itr a a x9 OR O).,9 ACRES r._".^. LOT 0 LLA21-0033tl LOT 8 LLA21-0033 .••"++,._r. u..r �� cart P.+l � � •``�' u. - ii BUILDING DIMENSIONS DETAIL "� s r„'s;',•cc ADAMS COUNTY SCALE: 1' 80' WELD COUNTY ROAD 2 , e. sw•nI T• BOOK 86, PAGE 273 w T.IN., RATw .. P.M. 5w COB, SEC ]., FOUNO 7• ALUM DAP LIN., RATW. GTH P.M. P' RANGE BOx FOU D IALUM CAP 5AMPED 13 E5]T' w RAA'cE BDx . STAMPED 18759]1 - PARTIAL VACATION USR17-0067 ,PccM0Bsm,Aw.w+M, ROCK CREEK SURVEYING, LLC ''A"� P.O. BOX 270769 w ¢. •w se «iHs Erma. LOUISVILLE. CO60077 RTHyy,5. Ns PH: (7071 52 1-77 76 nv+rnwiyi�l+reuluww�l �n USE BY SPECIAL REVIEW, USR17-0067 For Self -Storage, Lot A, Recorded Exemption No. 4489-34-3 RE 4482, Located in the Southwest Quarter of Section 34, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado PROJECT NO. 1334-001 01/29/2019 NORTH " .. _ _.o INDEX o=C0 NO. DESCRIPTION yI¢ 1 COVER & INDEX =W 2 USR17-0067 SITE MAP - �_ 3 DETAILS Q= 1 =W � • Finn Ei R9bJ*p�A�si?z-v f-. -f., (7OO W U Bo.aaCa.mwm+.,w�«,unnuee,. 0 O O af W U USE BY SPECIAL REVIEW, USR17-0067 For Self -Storage, Parcel 146934300001, Weld County, CO, 80524 7 J71 NORTH i • PROPERTY BOUNDARY . DETEMION POND . - OVERALLPROPERTYMAP - DEPARTMENTS OF PLANNING 1861 BUILDING. DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1402 NORTH 17TH AVENUE PO BOX 758 caM T �` OREELEY, CO 80632 " = AUTHORIZATION FORM I, (We), Robert L. Seltzer Family Trust Go Jack SeI Bob Demaree give permission to (Owner — please print) (Authorized Agent/Applicant—please print) to apply for any Planning, Building, Access, Grading or OWTS-permits on our behalf, for the propertylocated ., at (address or parcel number) below: Weld. County Parcel Number: 146934300010 LOT B LOT LINE ADJ LLA21-003: 34 1 67 Legal Description:. of Section Township N, Range W Subdivision Name: Lot Block Property Owners Information: Address: 33641 COUNTY ROAD 83 BRIGGSDALE, CO 80611 Phone: 43514590437 E-mail: jseltzer2013@gmail.com Authorized Agent/Applicant Contact Information: Address 1142 Judson St, Longmont, CO 80501 Phone: (317) 306-9823 E -Mail: bob.demaree@kw.com Correspondence to be sent to: Owner Authorized Agent/Applicant 1:L by: . Mail Email Additional Info: Please include Jack Seltzer aseltzer2013@gmail.com) and michael dente (michael.dente@kw.com) in all email communications I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this document, that the information stated above is true and correct to the best of my (our) knowledge. /2 Date1/ Date wner SignatureOwner Signature Subscrib d and swom to before me this day -of 20 w by My commission expires v 1 , Not ry Public � HEI01 ASH3Y ;ti; Notary Public - Arizona �1► t Yavapai County °� Commission r 576787 = My Comm. Ezplrei Feb 9, 2014 DEPARTMENTS OF PLANNING'S 1861 'BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1402 NORTH 17TM AVENUE PO BOX 758 co U N GREELEY, CO 80632 AUTHORIZATION FORM Robert L. Seltzer Family Trust c/o Jack Set Michael Dente 1, (We), , give permission to (Owner — please print) (Authorized AgendApplicant—please print) to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located a at (address or parcel number) below: Weld County Parcel Number. 146934300010 LOT B LOT LINE ADJ LLA21-003; 34 1 67 Legal Description: of Section Township N, Range W Subdivision Name: Lot Block Property Owners Information: Address33641 COUNTY ROAD 83 BRIGGSDALE, CO 80611 ': - Phone(435) 459 - E-mail: 0437 jseltzer2013@gmail.com : Authorized Agent/Applicant Contact Information: Address: 1142 Judson St, Longmont, CO 80501 Phone: (720) 841-7275 E -Mail: Michael.dente@kw.com Correspondence to be sent to: Owner Authorized Agent/Applicant by: Mail Email Additional Info: Please include Jack Seltzer (jseltzer2013@gmail.corri) and bob demaree (bob.demaree@kw.com) in all email communications I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this document, that the information stated above is true and correct to the best of my (our) knowledge. . i e Date________ - Date caner Signature Owner Signature Subscri ed and wom to before me this day of Z" , 20 `v by My commission expires (.vZ'"l Not ry Public s„� HEIDIASHBv �i��c Notary Public - Arizona Yavapai County �� Commission " 576787 = My Comm. Expires Feb 9, 2024 02103/2015 17:11 FHS BANK {FAf)9703a0lasf P.0021004 Bacardcd at o'aiock M, . r///—��, +'��D�ion Ho, acoY err �4 ,' ^•, _ PESRS0PIAL REPSSESENTATIVE S NINERA.L DEED (Testate Estate) TEIS DEED is made by Jack Aldan Seltzer s/k/a Jack Seltzer and Timothy Robert. Seltzer a/k/a Timothy R. Seltzer as Co -Personal Representatives of the Estate of Robert Lee Seltzer a/k/a Robert L. Seltzer a/k/a Robert Seltzer, deceased, Grantors, to the Robert L. Seltzer Family Trust, Grantee, atone legal address is 301 North 49th Avenue,'Greeley, of the County of Weld, State of Colorado, STEREAS, the Last Will and Testament of the above -named' decedent was made and executed in the' lifetime of the decedent, and is dated October 11, 1991, which will was duly admitted to informal L3robata on October 31, 1991, by the District Court in and for she County of Weld, State of Colorado, Probate No. 91 PR 252; WEEREAS, Granter a were duly-"' appointed Co -Personal. Representatives of said Estate or, October 31, 1991, ' and are now qualified and acting in acid .cacao icy. NOW TESREFORE, pursuant to the powers conferred upon Grantors by the Colorado Probate Code, Grantors do hereby sell, convoy, assign, transfer and set over unto said Grantee all right title and interest in and to all oil, gas, and other minerals in and under and that may be produced from the following described property in the County of Adams, State* of �Cc_iorado to wit: 901/4 and Dial/4SW1/4 and Wi/2W1/2Ne1/4 'Section 3, Township1 South;. Range 67 West of the 6th -P.M. Grantors agree to execute such further assurances as may be requisite for the full cod complete enjoyment of the rights herein granted and likewise agrees that Granteehereinshall have the right at any time to redeem for said Grantors by payment,. any mortgage, taxes, or other liens on the above described land, upon default in payment by Grantors, and be.subrogated to, the rights of the holder thereof. TO HAVE AND TO HOLD the abovedescribedproperty and -easement with all and singular the rights, privileges, and appurtenances thereunto or in anywise beongin5_to the said Grantee herein, its successors, -and assigns forever. Executed Jac Alden Sa' tier �_ a717a ck S� zer o Co- er al Representative T mothy Bert S tee k T mothy Se zer Co -Pecs al Representative - STATE OF COLORADO ) 000`r._ OF ADAMS The foregoinginstrumentwas acknowledged before me this 3rd day of June 199.4, by Jack Alden Seltzer a/k a Jack Seltzer and Timothy Robert Seltzer a/k/a Timothy R. Seltzer-asCo- Personal Representatives of the Estate of Robert Lee Seltzer a/k/a Robert L. Seltzer a/k/a Robert Seltzer, Deceased. votary- Public STAT'8 OF coLop.AW -TrA7E:tLE m mseq CERTIFICATE OF DEATH 4 CLLFDF)•iSta.tC Y.0.rrNatJlq Robert Lee 25L> 104101 a.tx SFL77�R Mal- Ocher 24, 1991 ; - � Hrigntont Colorado ILi XOEUrOPr�e � �/O^'� j� a. m.a DtgyWa Qefswo.�wt atDa Q�ttr Qatturs Qau.. . d.rs..aa..rav�eto' - ac arcs t�0i0FIiM a"d`t Platte Valley Medical Center xxtwnoso--.n. sx aar�aaasasm> o Ioml tm o.00r .. Brighton Ad3C15 �� 't-o4�a-se"c�mM� a. :sourEosaaas..+aa+tt.t� �amPr Livestock 31 Agriazlture n` *a * actztcrO.K—LaQW0. m� Gofs 3115tIIler Colorado Acid a.2442 . Hood 019 utenT �oft. Qte-Io+e+ti oe.. '��ar, a,teaaesr +ae>m A.tae tass.c. paw Awr•aataCaLEa tSaCtarpacwY 81601T. T." tntawtva,aslr.t a.a. ar. 012fP• /� iii C. 0c1t7ef ' .. . : Y': : a.{:s_ ._: ... J • • : � . q:-- ^' _ : - - mat KKEOFDP2at.I ulai• .7Pjr+4>• .. �.y.y�I' '.. .. .....': .s.r ... ��Zal r'+� lt1G tOCt�{•dyr�.i :uy .. 9:10.A. 10Cf _ .14 tar : 91208.06- �Owa RD..... . ��• .t •_.a.aa..traw�ea.s...a..a..a_.....m �:tzmo. f _ atmrlao — --• .. xi•.1 :�� .• �+i' a,irnila9htoua: 73.80601 QAOf61ra _ . y OTi Qtb" - - 2]►� al�..if-!'almOLtAb . •. SLlO6�ttAdan4Y.r..4ttaiY M—fKOb0.�o�ILY.d ' QWalOy xtttrLt�,tla a�noatxarm - • • : - . • ' tsar OtG3tIDttlNOmWbravl. atepgflyereacaAlbo��e.a, tew.waar t m• D rrs t7� q :�.11l - •V. - \'Q l � r�- wets! 1 ' n. !+sal - .. ... " 7ItQa►,or am.r. • -:i: µ.„ �' Wit_' _ _ .-.:_e .. •r STATE 012 COLORADO, TRl i'• 2iTy 6(6(10 . .- • OEPAHIAEOT-.'. United States of.Ameriea t hereby certify this document is true and correct copy of the record in my custody. Issued in Englewood this 28Th: day of October A.O. 1991 This copy is not valid unless prepared on blue basketoave paper and H. Ra4rer; 510. Registrar impressed -oath the raised seal of Adams, Arapahoe and Douglas Counties Fri-ecwlty Health Orpariosot. Lo S'. '. SCfimitta 02puty s r PENALTY 8Y LAN if any Person alters, uses, attoapts to use or furnishes to another for deceptive use any vital statistics certificate. - I ` 2410553. 3-1463 P-156 10/13/94 05:01P FG 1 OF 1 REC DOC AK2y3s7$53 GO - �taiy Anrt Feuerstei� Weld Co., C1er.l.& Recorder ERSONAL REPRESENTATI TE' S DEED (Testate Estate) THIS DIED is• made by Jack Alden Seltzer a/k/ a .Jack Seltzer and .Timotny Robert Seltzer /k/a Tiososy Y. Ss!t?sr as. Co -Pe. soosl Representatives of the E.Stats of ?obert Lee,•.Seltser a/k/a Robert L. Seltzer a/k' a -Robert Seltzer,deceased, Grantor: to toe Robert L. • Seltzer Family Trost, 5555005, ;•7 oso legal adds booth 8E= .-is _i0_ t1O_tii =9t'h +:er_ue Greeley, f the County of We_d, 3t— c c•_ oloradc. WHEREAS, the Last Will and Testament_ 1of the above -named decedent was made and executed is ohs l.i feti.ite of ohs defeds t, ' aod. is dated- October 11 1591, which Will sos- duly admittad to informal probate on October 31, 1991, by y+District Court -. and for the County -'of Weld, Statss.of Colorado, Probate No. 91-PR252; WHEREAS,'_•'Grantors were duly appointed Co -Personal Reur=seotativeS of said -state on October 31, '+_991, and are too; lnial _find and acting i_n said capacity. .. NOW THEREFORE, pursuant to the powers confe'rred'upon Grantors by the Ccl•6radc Probate Code, Grantorsdo ; hereby sell,, convsy, assign,,-ransier and set over unto Said" Grantee for and in considerat 46n of ..en dollars the follosiog •desdplbed real property situate in the County of Weld, State of Colorado: 311 of the Sout-west Quar (SL•li/a,j CE -T Lot ? 'o,f .ecor-ed •E :emotion ?c', ':757-34-3-RE1370 andr zhe Nest,''zal` a Southeast ,Quarrer (W2./?S__,•1; Section 33 _Township'_ Dior=h. Range West of t', Sth P.M. , No dot fee - for Estate purposes With all appurter_snces, subject to covenants, easements and restrict ons of 'record, and subject to genersl property taxes for the year 1994, •and subject to easements and reserra c ions or record or iii use. As used :herein, the singularincludds' 'the plural and "the ol.ur=_i the singular. 3xecuted !; 19_L. Ja c Alden Seltzer a/k/a J ck Se tzer. Co Personal Rearesentative mothy bet elt er Timot P.. ltz Co -Pets pal Representat'ive' STATE OF COLORADO 1 COUNTY OF A.DP.RRS ) os The foregoing instrument was acknowledged'beforese'this . 3rd day of June , 1994; by Jack Alden Seltzer a/k/a • Jack Seltzer and Timothy Robert. Seltzer a/k/a Timothy R. Seltzer, as Co - Personal Representatives of the Estate of Robert Lee Seltzer a/k/a Robert L. Seltzer a/k/a Robert Seltzer, Deces'sed. ivotary Public viit.ness. rqy hand alid official seal. • - '=',I'�(�/ •�DTtlm 1'SS1on„ expires : v MY cm,,k-'M EVYM UZY31, I995 3321 Q4 ^ .I ERC n , ?S _CEDEc 4E D C, LO WARRANTY DEED THIS DEED, Made this 15ch dayof February (994 hewn- Sel cze: Farms, loci , i !$(gTEbae �, jENj A r=� �' i a curpention duly Organized and c;isting under and by virtue Of the laws of tlic State Date v�5 of Colorado grantor, and the Estate_ o: ':ic De=: L. 5e1 -.._r, ?ackSeltzer and Timothy R. Seltzer, Ca —Personal Repreventatives, whoseiegaladdressis 9230 )594 168th Avenue, Brighton 1 oCthe Adams ' j 'COunsy of Slate of COlo.-dn, emnter: j j( sane hundred Ei htv—Fi•. l f/:TiVE5SETH, � bar the grntnr, for and in cnnsiJemt:nn of the .<.unt u( � g re Thou sand Four Hu;idred and 00/100 ($185,400.00) * R * * * 9 * 5 9 * .* DOLLARS, the receipt and sufficiency of which is hereby acknuwicdgcd, ins amtted. bargained, sold and conveyed, and by these plaints does `l II grant, bargain, sell, cumty and confirm, unto the gmntec, his heirs and assigns forever, all the real property, together with !; j( imprccments, if any, situate; lying and being in the County of Lield State of Colorado, described as follows: Si! *0 5* Southwest Quarter (SW!/4) EXCEPT Cot A of Recorded Exemption No. 1767-34-3-REI370 and the West 549 5* Southeast Quarter 940/95E114) Section 34, T*vvaship 1 North, Range 67 West of the 6th P.M., reserving unto Grantor, however, I2 of all of the minerals lying hereunder and appurtenant thereto including all oil, Bas and other hydrocarbons, and I further reserving to Grantor an undivided 12 interest in and to all water rights thereunder and/or appurtenant to said property, I - including hose rights as adjudicated in Case No. 96CW311 before the District Court, Water Division No. 1, State of Colorado, �j and reserving unto Granter a right of way across said property of sufficient size and width to citable Grantor to uausport !! Cranwr's retained share of water rights across said property, and specifically resery ng unto Grantor a right of first refusal of �' I0-ye3r duraton in Grantor of any otf r !o sett he herein described property as sit forth in the Stock Purchase Agrement dated I February 15, 1994, by bath Grantor and Grantee, i jl (Ij� also;cnownbystrxtandnumber,s: V/A TOGETHER with all and singular the herediiaments and appurtenances !hereto belonging, or in anywise appertaining, and the i resersion Ind reversions, remainder and remainders, rents, issues and profits ihcrrof, and all the estate, right, title, interest, claim and demand whatsoercr of the grantor, either in law or equity, of• in and !o the abox bargained ,rtremisrs, with the hertditnn enL^ and !! appurtenances. j :'0 HAVE AND TO HOLD the said premises atmc bugaincd snit described wih the appurtenances, unto the grantee, his heirs and j i assigns loner. And ibe grantor. for itself, and its successors, dots covenant, grant, bargain and agree to and with die aranlee, his heirs and assigns. that at the time of the encoding and deli,try of these presents, it is well seirtd of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate or inheritance, in law, in fee simple, and has goad right, full prover and authority togrant. , ' bargain, sell and convey the same in manner and font as aforesaid, and that the same are free and clear from all formerand othergrants. ' bargains, sales, liens, taus, assessm;ms, encumbrances and resiriuions of whatever kind or nature saver• except l The grantor shall anti will WARRANT AND FOREVER DEFEND the abmc•baigiiacd premises in the quiet and peaceable r ' possession of he grantee, his heirs and assigns, against add and every person or personas Ir++fully claiming the whole or any part thereof. The singular number shall include the plural, die plural the singular, and the use of any gcodcr shall be applicable lo'all genders. 1N WITNESS W HEREOF, The grantor has caused its corporate name to be hercun!o subscribed by its corporate President, and its corporate seal to be hereunto affixed, aticstcd by its corporate Secretary, the day and }car first above written. I� Attest: L C.) SeltzerFarms- Inc. IJilrea Seltzer s s°' /� it !I STATE OFCOLORADO �! ss. f:iC t? Caunry of Adams Tfti g uisiNgkrtt was acknowled;ed before me in he County of Adams Statew f ' orado- this 15th day of February 19 94 Y is corporate President It Selczet u orate cot Secreta P ry !l' :aiLos, Inc., acorporatidn. ij �,s `.r February 20, 1996 N p �/ �' � rees€f¢3�ta gtfabrftcial seal —12 ! ' �r /�rl1 v .51 A I C OF. COLORADO CERTIFICATE' OF DEATH MHYSX AN Oil C0MMEM OELEASCD-NAPE sw5r tea- �T _ RAZE AAI..r sex - STATE FILE ID7dCEA DATE OF DEATH 41DAL1. WI . VL. m.•., OATLAA OR QE2'dLT AGE Aram. Wd;w 1 f�eslel•LAa (r°,f.._, saymAran.a White m rican ,. CITT• TOWN R "AT O LQ71 OF DEATH - usr rnroTA f Yiui.. 6omTA r OAY $0 •'� DAi7: ,.� .,,,� AQi?LTAI. DA 071TER DATE OF ELATi/ CEWHTTOFOEATM Awrref DA,-rlup ' F 4 1907 r. Adafm 3 A Brighton STATE DF RLATLW e r Di a71TEH of iPSLAY G'K8[TpY ODiIiTUTlpai-Yr.. W M w r.wr.. M..w rf.wOrl - IF L:w. DA Hd%4Ar4 OC•. Platte Valle Medical Center"w" /AAg(t¢y r enc Room +._11.51 Colorado USA gEyEg NGS:OIKE wr+.• DECEDENT VER Dau5. fO.OfLWRCE'O SIRVN Arr.�....el `rl AIWEDFDA Y.,.4.. a Widowed �Rdo - fl 2 Lrsu�Omrr�Ttnr�w.:wrr.d......,a.,,r " E? - ' AESIDE-STATE cavnTY - v.,, "'WOFausraEsscaevmarAr School Teacher >..' Education - CITY• owtORLOGLT@Y: ZIP srAE=TAF3Jcssa>3Fa Colorado r � • M . Adams t=<a Sri htort SOfiQf 9390 E. 158th Ave. .A Rio FATHER -NAME iG6T--taiDFLE L.aST ., aaOTTLER-Aa•LTp ,rear' '+r?DDi! eJaiT �•mtw t6 MFOAYANT-NAME ^... mDl d T1A{(yy�e=2=srfeeeT Ow Afars trfY /w TDvrlr' 2T•fE rARRobert L. Seltzer. Sore ' =.23p E. 168th Ave Bri hton Co 80601 AEALOV OATS ora.D5.Yarf CEiTETEftY OR CREMATORY=HAf[E O Itwecf.r��AT1D7C AN6 tOCATLpJi QT►0.7 TDlpf STATE m tion ,�. ri 6,19 DeTjVer-.' _Cremator Lakewoocl, Cobr/�Ta@o - m- NAt1iS ANDAoaA, T�Fi7n£RA<.NDYE tSTMtTOD lfa.D.dn,fTAl'1�2>r1. - W6 1: F ral C 100 S PMYSIL lAx a' COROM1IER - Q#t7KGA' tOF EZAMSIM47MAM= TD*�.'�sTDFan>�aSrATM Arwooyanm•T YOAITA6D�LTEiitD' tp,FSTR,A {BAIT OPJL=0=UWWAr AND DU6 W TAEerr.seaf STAT® �fiJ.TL`� Y OM TrIQW AQD ODE TO Dt[C+M6ttD AATFD. a r.+..b �" ADM coroner DATE SDiR� 44es1 Dar. Yaq - - TE: SiCJTED tl!e.y.Det. YArd �- DEAD A:a,Or.Yr,Irr.rl "' a•April:7.1988'. „April 3, 1988 HAKE ANo naoResaF LaTeFlr a arlTscuel o,Tm., — n.1, James W. Arthurs 400 S.� .3rd Ave. B' hta;t: ' CO -8©601 RffiiiBAA _ DATE AECELV ED DY REGfRAAtI r1 •, - .. '. PASL7 - IExTE':R O'.tL7 Q.!e rJLt7SE F o�* - dial Zaf 1111 _'" i ac ANV DUETDIORASAf *r.•Pc� S7AT=GnM MM •ORASACONSE OF .__- - wealAe.e.wea.lAm tYrOpR.,Ab .a cAlrsawst . � mvli .. OTMEA SIGAQLICAKI GORIIfTp7S6-Onsw.mar.yolnwawsa+�r.Imuwir►AwTrtai M1 tq ALfTp5Y AF CJ5E p-FEAAEO. '- _: r►a s,uMFY �COR'0.4FA mrar AN Q- .. ..' ... O ACCIVE SUSUM�NmEsclns; DATEARDWItRofDiIAiRY..- - RF RSBFi149VOWIlR1f.p1>7tRA» ', g tYo T.. Yes WURYATWORK mnwwr RAGE OF ujAW-Aaft .&.s-.� LOCA7FDA :• TORAtAL4 �sY OR tCw7CStATEi ___--_-____-------_-- STATE QF WWJr-ADD, TRI-UMR I T HEAL H DEPARTMENT United States of America - -I hereby certify. his documen . ua:.tze and correct * copy of the record in my custody. Isserdd in Englewii "8•t h• day of ' April A.O. 1988 I • c - This copy is not': siid unless pt�epared ,4..4. on blue baslcettxeave Fe r H.H. Rohrer, K.0 Registrar _ -' - . impressed with tbW.I-. al of Adams, Arapahoe and Douglas Counties Tri-County Health Department. is hraitt,DeRogitrar PENALTY BY 1611ifany Person alters, uses, attempts to use or furnishes to another for deceptive use any vital statistics certificate. RECEPTION N0. COOO.1979 5.00 91�: 4,3;..6 PG: 07Lu-07LO ZLt4 K:UE--ERT.SACIC, �DAt'.:; COUNTY. COLORADO S/OZ:9� 9:00 AFFIDAVIT FOR PROPERTY hELD IN AR2VEQgsri. TRUST OR JOINTVEN URE STkTE OF COLORADO COUNTY OF ADAMS ss O fined besng oflawful age, being first duly sworn, upon oath deposes L This Affidavit relates to a LU tout 0 joint venture .2_ Aifiant(s) is a (a trustee of the trust 0 member of the�oirjt venture .. named tidow anti has the authoriiyto execute and record this AF6davit. 3. Toe name of the %) crust ❑ joim venwre which may acquire, convey, encumber, hose, or mhcrwisc deal with any interest in teal property is anher r r. s0- l r a t T y T t 4. The uuenes and addresses of all the busters of the trust or all of the joint vcnturrs ordie joint venture are: Name Address Jack Alden Seltzer Box 360443, Monrsent Valley Utah 84536 Timochv Robert Seltzer 301 North 49th Avenue Greeley Colorado 80636 5. ® ALL of the tntstees or joint venturers are required to act on behalf of the ttv—t or joint venture in arty acquisition,-uveyaoec, encumbrance lease, or other dealing with an'intcrest in property in the name of the trust or joint re:nEure. or 0 FEWER THA14 ALL of the trustees or joint venturers arc authorized to act on behalf of the trust or joint venture in any acquisition, conveyanrc, caminbrancq )erase, orother dealing with an interest in property i n the name or the trust or joint venture . The ttustce(s) tar jour venttuer(s) so authorized (or'Ihe rnanrtcr of designating said trusters) orjoint venturer(s)) and any limitations upon their authority are as fd(lows: 2411)&54 H-1463 P-157 10/13/94 05:01?.PO t OF 1 REC DOC Mary Ann Federstein weld Co., Clerk & Recorder' 5.00- 6. This affidavit is executed and recorded pursuant to the provisions of Section 38-30-166, C.R.S. A6anW J Alden Seltzer Timothy here Selizc Sutsscribed and sworn to before me this _ day of _ ; 69. Wieners buy hood and seal c',�� l ii f1'jr!- Myfi_'_, t .� S ' Oradfey 1. Coovef 1994 ?• J r � ';'�l''ji1. tratti�acjei,at:a,tureis are,equired to,ctuin Ruag¢ph 3. NisA6„uv4 red by or ken n0- lRe exjoict t7t . Ibirktht1 vr. 1t'FEWER THAN ALL of Ne tnatec or joim wearers- _ to 0-q' pb S, this 'Al!'Zvir esstctol by eel nfde uustea err all ortpe joet .�turenc nemrd in - •'N' p,n., ,r• r i t ? I'1a380. •Bes.�i�'�- ArF_NAt7TFOltf'RUPFIIiY ttE1D 11'17At6tORJDOYT y£Pt11JRE O lia ' . - @Mlara PatJaluq, 17U 1t1ete St. Des.q CO tetQ2—pOtr?47.7r0o—Hi .. •�/ ' DISTRICT COURT, COUNTY OF WELD STATE OF COLORADO Case No. C1 i fly er �'' , Division LETTERS IN THE MATTER OF (THE ESTATE OF) ROBERT LEE SELTZER a/k/a ROBERT L. SELTZER a/k/a ROBERT SELTZER (Deceased.) (Pretested-Eerson.)._(Minor )4Ieeapaeitated-Person:) 0CT 01 09! � WHEREAS, on (date) Jac'-_ Aid an Seltzer and Timothtr Robert Seltzer was appointed or qualified as* Co -Personal Representatives $Fof the estate of the above named (decedent) ( edspersms( DuEtheabcwcaaamddar4hico±mdprcmolx by this Court or its Registrar, with all authority pertaining thereto; NOW, THEREFORE, these Letters** Tes tamentary are issued as evidence of such appointment or qualification and authority. �, 1391 WITNESS my, signature �andtf�e seal of this Court on d<t�) (Seal of Court) •.: (coca Court ..,. '..�.� . uyJ-C]�sJwcRegi of *For decedents e'st res,unser-Peaonal'fiepresentative "Insert one of the following: For property rriitnageineni. insertCnservator a) Testamentary For personal guardiattship`,'insert Guardian and whether by b) Of Administration will, written instrument or court order c) Of Guardianship For Special Administrator, insert Special Administrator and d) Of Conservatorship whether in formal or informal proceedings e) Of Spnaal Administration C::IEItDLATICN STAMP [or] CERTIFICATION STATEMENT Certified to be a full, true and correct copy of the original in my custody and to �e if9� force and effect as of N o , - (date) r. I • \_ (3DweetcleekatCoaet CPC Form l7. Rev.'a1. LETTERS CERTIFICATE OF (DELIVERY) (MAILING)' The undersigned certifies that he (delivered) (mailed) a true copyof the above Information of Appoint- ment to the following persons at the addresses indicated on NvLt L&Ct'Ocq (by depositing it in the United States mail, postage prepaid:) Name 'Address Gladys -Lois -Seltzer 442 14CR 19 Brighton, CO .80601 Jack Alden Seltzer Box 360443 Monument Valley, Utah 84536 Terri Lee Bell 240 South'15th-Avenue.Drive Brighton, CO 80601 Timothy Robert Seltzer 9230 E. 168th Brighton, CO 80601- LJ rgnstumof •Qthc Jac Alden Se T mothy Rob eltzer 'A copy of the Information provided and a Certificate of Delivery or Mailing must be promptly filed with the Court. See Rule 8.4 of the Colorado Rules of Probate Procedure. DISTRICT COURT. COUNTY OF WELD STATE OF COLORADO _ Case No. 91 PR 252 . Division 1 INFORMATION OF APPOINTMENT IN THE MATTER OFTHE ESTATE OF ROBERT LEE SELTZER a/k/a ROBERT L. SELTZER a/k/a ROBERT SELTZER Deceased. TO: the heirs and devisees of the above -named decedent.' YOU ARE HEREBY INFORMED THAT: 1. This Information is being sent to those persons who have or may have some interest in this estate; 2. The decedent died (gitestate on October 24, 1991 (, leaving a will dated (date) October 11 1991 ,(mod sod __________ _ (was) (po) admitted to probate on October 31, .1991 - in (in)formal proceedings) (date) 3. On October 31, 1991 the undersi ed was appointed representative (date, gn pp0 personal re - of this estate in (in) formal proceedings; 4. Bond has (not) been filed with this Court; 5. Administration -of this estate is (un)supervised and, if unsupervised, the Court.will consider ordering supervised administration if requested by any: interested person; 6.. Papers relating to this estate, including an inventory of estate assets, are on file with this Court or, if not, may be obtained from the personal representative; 7. Interested persons are entitled to receive an accounting; 8. Interested persons have the responsibility to protect their own rights and interests within the time and in the manner provided by the Colorado Probate Code, iridtoding the appropriateness of claims .paid' the compensation of personal representatives, attorneys and others and t 'stribvtion of estateassets, Court will not review or adjudicate these or other matters uni specifi to do so interested person. Sicuture of nal Representative a.C en Z er- .Bradley J. Coover #3223 Jack Alden Seltzer Timothy Robert Suite Gaunt; Dirrim and Coover, P.C. Box 360443 9230 E. 168th 25 South 4th Avenue Monument Valley,..UT Brighton, CO 80601 Brighton, Colorado 80601 84536 (303)-659-3171 801-727-3219 303-659-1062 Type arpr nt name. address. telephone number and resistration number of Type or print nameaddress and telephone number of Personal Represenutive Attomq for Personal Representative 'In the event a will exists but there has been no formal testacy proceeding and the personal representative was appointed on the assumption of intestacy, this Information must be given to the devisees named in the • existing will. Strike parenthetical matter according to fact. NOTE: This Information must be given within 30 days of appointment of the personal representative. See section t 5-12=705 of the Colorado Probate Code and Rule 8.4 of the Colorado Rules of Probate Procedure. CPC Form 42-itd.k .•'St. INFORMATION Of APP0i,, tu•an BraQ6P4-*tbliitynt. 5925 W. 6t.E Are.. t�Rarrned rn ant t.-Itm,.ttaown . t 31111i1 nth I�btnunt OF ROBERT LEE SELTZER A/K/A ROBERT L. SELTZER I Robert Lee Seltzer a/k/a Robert L. Seltzer,- a resident of Adams County, Colorado, revoke any prior Wills and Codicils made by me and declare this to be my last Will. • I direct that all estate, inheritance and other death taxes payable by, reason of my death, other than any generation -skipping I. tax, on any property included in my estate for tax purposes shall `I be paid as an expense of administration-wwithout contribution from • any person and without apportionment. No deathtaxes shall be allocated to or paid from the Robert L. Seltzer Family Trust. II. My wife is Gladys Lois Seltzer. Any references in my Will to my wife are to her. My children now living are Jack Alden Seltzer, Terri Lee Bell and Timothy Robert Seltzer. Any references in my Will to my childr-en'are to such children. III. I give all my personal and household effects, together with claims under insurance policies -on said personal property, in accordance with a writing which I intend to. leave at my death. If for any reason no such memorandum is in existence at my death or if any such memorandum fails to dispose of all of such property ! effectively, I give such property -not disposed of by such !memorandum to my wife; if she survives me by thirty days. IV. 4.01 If . my wife shill . survive _ me by , thirty days, I , give, devise and ;bequeath to my wife from my residuary estate- an`amount which qualifies for the federal estate tax marital deduction reduced by that amount which qualifies for a federal estate tax exemption at the time of my death. 4.02 If my wife does not survive me by thirty days, I give, devise and bequeath all of my estate to my children, Jack Alden Seltzer, Terri Lee Bell and Timothy Robert Seltzer per stirpes. 4.03 If my wife does survive me by thirty days and clause IV, 4.01 takes effect as I intend, then the remainder of by residuary estate not going to my wife shall go in trust to be held by my trustees as provided herein. This trust shall be known as the Robert L. Seltzer Family Trust. 4.04 For purposes of this Will, if the order of our death cannot be established by proof, my wife shall be deemed to have survived me. 5.01 As to my family trust, my trustees may pay to, or apply for the benefit of, any one or more of the living members of the group consisting of my wife and my children such amounts of the net income of the Robert L. Seltzer Family Trust from the date of my death as my trustees may determine to be necessary or advisable for the support, maintenance, health, education, comfort or welfare of such beneficiaries, without the necessity of equalization among them at any time. 5.02 During the life of my spouse, the trustees or successor trustees shall pay to, or apply for the benefit of, any one or more of the living members of the group consisting of my spouse and my children, such amounts of the principal of this Trust as the trustees ozsuccessor trustees may determine, without the necessity :f equalization among them at any time. Said distribution of rrincipal shall only be for the health, education, support and maintenance of such beneficiaries and cannot exceed more than five )ercent (5%) of the principal of my trust in any one year. Page 2 of 7 Pages /C 5.03 At the death of the survivor of my wife and me, the Robert L. Seltzer Family Trust shall terminate. Upon termination, the principal and undistributed income shall be distributed to my children by representation, but if any share is distributable to a beneficiary who has not attained the age of twenty-one years, my trustees may in their discretion retain such share in trust until such beneficiary shall attain the age of twenty-oneyears, or until the prior expiration of twenty-one years after the death of the survivor of my children who were living at my death, when my trustees shall distribute such beneficiary's share to him or her. If such beneficiary dies before that time, my trustees shall upon his or her death distribute his or her share to his or her estate. My trustees may •pay', to, or apply for the benefit -of, the beneficiary for whom; the share is held in such amounts of the net income or principal, or both, as my trustees may determine to -be necessary or advisable for such beneficiary's support, maintenance, health, education, comfort and' welfare, after taking into consideration all other resources. known to my trustees to be available for such purposes. Any undistributed income may be added to principal from time to time in the discretion of my trustees. 5.04 My trustees, in their sole and absolute discretion, may distribute the -trust in full prior to'the time a beneficiary attains the age which would otherwise have determined, such distribution, if such trustees -considers that the expdnses of administration in continuing the trust are greater than the trust assets warrant. This only applies to those beneficiaries under the age of twenty-one years. 5.05 If, at any time, there is no person or entity qualified to receive final distribution of my trust estate or any part of it, then any such portion of -my trust estate to which such failure of Page 3 of 7 Pages qualified recipient has occurred, shall`. be distributed to those persons who would inherit it had I then died intestate owning such property, in the proportions provided by the laws of Colorado then in effect. VI: 6.01 I direct that my trusts be administered expeditiously consistent with their terms, free of judicial intervention and without order, approval, or other action of any court. 6.02 No beneficiary shall have any right toanticipate, sell, assign, mortgage, pledge, or otherwise dispose of or encumber all or any part of my trust estate, nor shall any part of my trust estate, including income, be liable for the debts or obligations, including alimony, of any beneficiary or be subject to attachment, garnishment, execution, creditor's bill, - or' other legal or equitable.process. 6.03 Except as otherwise provided with respect to the Robert L. Seltzer Family Trust, upon the death of any beneficiary entitled to receive income, all accrued but'undistributed income held for the account, of such, beneficiary shall be, treated as if it had accrued or been received immediately following the death of such beneficiary. 6.04 My trusts shall in any event terminate not later than" twenty-one years after the death of the last survivor of the group composed of myself, my wife and those of my children living at• my ieath. The principal and interest of said trust so terminated shall be paid in accordance with the provisions of said trust or Lf no such provision,. to those beneficiaries of said trust so terminated. VII. 7.01 I appoint my sons, Jack Alden Seltzer and Timothy Seltzer, as my personal representatives to serve without' Page 4 of 7 Pages. • 7.02 .0 appoint Jack Alden Seltzer and Timothy Robert Seltzer as trustees of any trusts under my Will: In the• event my trustees shall fail to qualify or cease to act, I appoint the Terri Lee Bell as successor trustee. • 7.03 I direct that no personal representative, trustee, guardian, or conservator, or any successor, shall be'required to give any bond In any jurisdiction, and that if, notwithstanding this direction, any bond: is :required by law, statute, or rule of Court, no sureties be required. 7.04 Any fiduciary under my. Will shall be entitled to reasonable compensation commensurate with the services actually performed and to; reimbursement for.expenses properly incurred. 7.05 It is my intention that the probate of my -estate be conducted as an administrative, not a judicial, proceeding under' the Colorado Probate Code. I therefore direct informal- probate of my Will, informal appointment of my personal representative, unsupervised administretion_of'.my estate:, and informal closing of my estate by sworn closing statement of my personal representative, unless ,,changed circumstances occur which I. could not have anticipated and which • would necessitate formal or supervised judicial proceedings for the protection of persons interested in my estate. VIII. 0.01 Any -trustee may resign by giving thirty days written notice -to each adult beneficiary, or if none, to the guardian, parent or other person having the right of custody of each minor beneficiary then eligible to receive current income, effective at the and of thirty days. 8.02 If all my named trustees shall fail to qualify or cease to act, a majority in number of the group composed of my wife and , my living children shallappointby a writing within thirty days a successor trustee. If no successor trustee is appointed within Page 5 of 7 Pages /L5J (-- - thirty days, any beneficiary may petition any court of competent jurisdiction without notice, to name a successor trustee. By making such appointment, such court shall not acquire jurisdiction over any trust under my Will. IX. 9.01 The validity of this Will shall be determined by the laws of Colorado. Questions -of construction and administration of any trust shall be determined by the laws of the situs of administration of such trust. Except as otherwise provided in my. will, definitions of terms in my Will shall be as defined in the Colorado Probate Code, as amended after the date of my Will and after my death. IN WITNESS WHEREOF I.have hereunto set my hand and seal this day of. Oc 1991, in the presenceof the undersigned witnesses to whom I have declared this to be my Last Will and Testament and whom I have requested to become attesting witnesses hereto. Robert Lee Seltzer a/k/a Robert L. Seltze The foregoing instrument, consisting of seven pages, including the following page, was signed'and declared by Robert Lee Seltzer a/k/a Robert L. Seltzer to be his Last Will and Testament in the presence of. us, who in his presence, at his request, and in :he presence of each, other, have signed our names as witnesses on :he date of this instrument, and we declare that at the time of the sxecution of this instrument the testator, according to our best :nowledge and belief, was eighteen years of age or older, of sound find and under no constraint or undue influence. Aq8 S Page 6 of 7 Pages STATE OF COLORADO ), ) ss• COUNTY OF ADAMS .Robert Lee Seltzer We, _a/k/a Robert L. Seltzer Bradley J. Coover and Lysle R. Dirrim , the ,testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator. signed and executed the instrument as his Last Will and that -he had signed willingly or directed, another to -sign for him, and that he executed it as his free and voluntary. act • for the purposes therein' expressed; and that• each of the witnesses, in the presence and hearingof the testator signed the Will as witness and that to the best of his knowledge the testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence, J 04'V Robert Lee Seltzer Berttier ess i Hess I Subscribed, sworn to and acknowledged- before me by Robert Lee Seltzer a/k/a Robert L. Seltzer, the testator, and subscribed and sworn to before me by Oradiny J. Coover , and' T.yclp R. Dirrim ,. witnesses, this 11th day of October 1991. (' -t Notary Public My' C,nnusion Ewes IWy 31,' 1995 My Commission Expires: CmrreiSoadaes Address of Notary: 25 S. 4thAm'.Britnon,CO80601 • I NESBiTT & ASSOCIATES LLC ATTORNEYS S COUNSELORS AT LA. 1W ?4 BUCKTHORN Dose LrrTLETON, COLORADO 30127-4:09 Mark T. Nesbitt Timothy R: Seltzer, Trustee Robert L. Seltzer Family Trust 33641 VCR 83 Briggsdale, CO 80611 Subject: Seltzer Family Trust's ability. to encumber trust assets & obtain loans Dear Tim: You asked if the trustees of the Robert L. Seltzer Family Trust have the right to obtain loans on behalf of the Trust. First, the Trust is a.testamentary trust, i.e., one created in the last will and testament of your father, and the Trust described in your father's will is silent with regard to whether or not its trustees are authorized to take out loans, but the silence may be construed as an indication that loans are -within the authority granted its trustees. This conclusion is supported by the fact that in both Section 7.01 & 7.03 your dad specifically states that Jack & you as trustees are not required to post a bond, which is an indication of your father's complete trust in Jack &-you as the trustees of his Trust. Another, even stronger, indication of the -strength of the trustees' authority is evidenced in Sections 6.01 & 6.02. In Section 6:01 trustees are to administer the trust "free of judicial intervention and without order, approval, or other action of any court." Section 6.02 is more convincing of the intent of your father when he specifically prohibits beneficiaries from selling, assigning, mortgaging, pledging or otherwise encumbering all or any part of the trust estate. It is my opinion that in light of such explicit restrictions on the rights of beneficiaries with respect to trust assets and the omission of any limitation regarding the authority of the trustees that your father's intent was to grant his trustees, his sons, unrestrained authority to administer the family trust. Further, given the fact of Jack's & your young age at the time your dad executed the will it is reasonable to assume that he understood you two would be administering the Trust for a number of years, that many unforeseen decisions would have to be made over those years to effectively and expeditiously administer the Trust, ,and that such administration would include the right of trustees to encumber Trust assets if such encumbrance was consistent with the duty of trustees to act in accordance with their fiduciary capacity to manage trust assets in a conservative manner. Yours truly, Mark T. Nesbitt na.ltrawYb,t mn rm MUNI . gna.,,,1., srr,., eM, tint. rnsemt STATEMENT Of ASITNORITI, I. This Statmnent ofAudwdly retainto au -tidy lull": Itobcrl L Scllsar Fnnlily'11vt1 I. The Endty is a: Tntu 3. The Entity is rennd undo the law. of.. Colouda 4. The molNlli die us lbr the cndty is: � 77641 WalA Covnry Roed R3 Edansdetn. C.O ROM1II S. Tha ameo and position or ,h p tme and a imd to ueaue Inswme.t convoylnB, -vanbcdog, or othwmta sflbedeB title to tad property m belwlf of the molly Is: Jaclt Aldo. Seltzer and Tlawthy Robert Selltn, Tnulen, 6. The euthodiy *rib. iemple, pt,mn(,) to bind the endty Is not Bodied. 7. Other matters conaaminB the Ina"acr In which Iha mtity duls with bdatan In mil lampatty. NONE Y• Tills Stntmn"I ofAuthorlty It-ted al brlulfuftha Entliy purrveul to the pwviaiom ofC.RS. Scctiou 113S-30.171. Rltautd lllh; - RobenLShcacFomilyTrusl Ry: lack Aidcn Belles, Trbttee ' i r : " . Timothy t; r»9altu,T 1pfa her.. - STATE OF:. .. . COUNTY OF•., Th- IbryelnB Inuhm l wu-dmowledBd bclbm me dda do of . 10_x. by Jack Aldan Salter, Trustee of lbo jelled L Scltcr Feli yTruss ' Wilmer my haled and eul, My-omtoladen-spina:::.. Nortry.PubNo tdMo7r�wtt 'y STATE OF: �.we,•"•"«,ri°^ COUNTY OF: •S n.,�'.s"tn°.s :i Tho otaB lnnnunmtwasaclutc.AdBcdyafcrosnalhis,� dayof \ tom ^ IO, i Bby Tl-41hr Rob.,, SNher, Trucsea-fine Robert L. Salter Fand YTrua RAVID TSOMpJON NOTARY v.aOa 1TATk OF COlaR4D0 pT 17IS_SfOf1.fiPits ![PL IQ ta19 WOuos my timid and ual. y'1 . MYcmumisemcxplm: Svc :b/y /.,�/�c2—/-'.' �st•�o/JyQ�J.� ��p �Np Notary public OHMMY pM{Ip{!CN . JhAn Op C0l0]I,D �,>iprl0.ml. TRUST CERTIFICATE - WpX Ne t ry lem V CW ll:dl I:dWni tlr II _ X7]0,{86.00 07. 8.10 8 07.1b10d1 0010 1 �)� 140710 -021 ' MbNa.INWbw.bN p. brluYvh.l. dlr Wde IM1Wxy��pyNN Wt brYYN 1. xY wVedp roxm4w Nnp baa. nlrN p IY. aNt diW NK hNdI Jr TN.t: MI.tl L N.M. lydr Tw. ._ Llnd.I: fm GM U1141 ONOW ii R.-3 6lbrttr 6nbrlcX /+a am bVLXW ebartrr.m /on. 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Mb MAIVA SMII!r - N n JTtic' tam xR: d00o100tx TRUST CERTIFICATE IContlnuodl P.R. 2 1 •' �'t n' .N z 0EB(YNIILOKRLSOY �r,ltd or cotoR.uo• ..n l:. I ^�•. . cowlrv,u t lYl i ill.'. iss sL,n;, i, mil iN ai•..ra...a ,Isxa, re J.In� en m w. /,�` •.:_ d,• . !' %i Jo ! _ WnnJ. mr M:e rnd rnkW JaY. TRUST CERTIFICATE Lom xo: 900010012 ICDI,lInORdI P490 2 DAVID TIIOMPSON irntG or [OlonLtro �- NOTARY PUBLIC q iG STA" 0( COLORADO couxry Rr v✓�"�( _ NOTARY ID 2001,A,g03 �., YY COLDIILLI0ll (SRR(L S(P., ... 20.9 CcS1_I �9'rc.L ., �eR,.^�L gr w J,r_l1.L. e.7� olf y.eSJ,4, mwr. mrn.ed .w eIr w J.a. . ,...e.....,e: 2/rJac� DEPARTMENT OF PLANNING SERVICES LOT LINE ADJUSTMENT (LLA) ADMINISTRATIVE REVIEW Case #: LLA21-0033 Planner: Chris Gathman Submittal Date: 10/11/2021 Applicants: Robert L. Seltzer Family Trust C/O Jack Seltzer Fortress Self Storage, LLC C/O Kelly & Kevin Gallacher Parcel ID #s: 1469-34-3-00-008, 1469-34-3-00-002 & 1469-34-3-00-007 ■ Lot A of RE -4482; being a part of the SW4 of Section 34, T1N, R67W of the6th P.M., Legal Weld County, CO Descriptions: ■ Lot B of RE -4482; being a part of the SW4/W2SE4 of Section 34, Ti N, R67W of the 6tr, P.M., Weld County, CO Location: North of and adjacent to County Road 2 and east of and adjacent to County Road 19 # of Plats: 1 Zoning: A (Agricultural) # of Lots: 2 # of Parcels: 3 Lot A Size Lot B Size Before/After: +/- 34.9 acres:+1- 9.58 acres : Before/After: +1- 30.9 acres, +1- 60.21 acres Lot A: Proposed Todd Creek Village Metro District Lot A: Existing Septic Permit # Water Source Lot B: Existing Todd Creek Village Sewer System SP -1800351 Before/After: Metro District (ability to serve letter Before/After: Lot B: Proposed Septic for future uses) — Acct No. 4184.01 The Lot Line Adjustment criteria and process are detailed in Chapter 24, Article X of the Weld County Code. Narrative: The proposed application seeks to shrink the boundaries of Lot A RE -4482 and expand the boundaries of Lot B of RE -4482. This proposed LLA will correct an illegal land split. A portion of Lot A of RE -4482 was sold from Robert L. Seltzer Family Trust to Fortress Self Storage, LLC on March 29, 2019. This parcel contains the Fortress Self Storage Facility that was approved by the Board of County Commissioners under USR17-0067 and recorded on March 18, 2019, under reception # 4474130. This LLA will modify the boundaries of Lot A to encompass the Fortress Self Storage facility (part of the illegal land split) and Lot B will expand to the west to fill the area vacated by Lot A. Additionally, Lot A will expand the southern boundary to the section line and will include the existing septic system (SP -1800351) that serves the self -storage facility. Referral Agency Review: The Department of Planning Services' staff has received referral responses with comments from the following agencies: ■ Weld County Department Planning Services — Development Review, referral dated October 12, 2021 ■ Weld County Department of Public Health and Environment, referral dated October 13, 2021 LLA21-0033 Page 1 of 7 The Department of Planning Services' staff has received referral responses without comments from the following agencies: • Weld County Sheriff's Office, referral dated October20, 2021 • County of Adams, referral dated October 15, 2021 • Todd Creek Village Metropolitan District (water), referral dated October22, 2021 • Weld County Zoning Compliance, referral dated October -12, 2021 • Weld County School Distract RE -8, referral dated October 12, 2021 • Brighton Fire Protection District, October28, 2021 The Department of Planning Services' staff has not received responses from the following agencies: • Cityof • Colorado Parks and Wildlife • West Adams Conservation District Aparoved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the Lot Line Adjustment -Overview and Standards per Sections 24-10-10 and 24-10-20 of the Weld County Code have been met. This Lot Line Adjustment is approved with the following conditions of approval in accordance with information submitted in the application and the policies of Weld County. 1 Prior to recording the plat: A. Use by Special Review Permit USR17-0067, reception # 4474130, fora self -storage facility in the A (Agricultural) Zone District is located on portions of both proposed Lot A and Lot B of LLA21- 0033. The applicant shall address the continued operation of USR17-0067 and which lot(s) it is to be associated with. If the applicant wants to remove any or all of the lots from USR17-0067, a partial or complete USR vacation request letter and.map shall be submitted to the Department of Planning Services. A USR vacation hearing shall be held before the. Board of County Commissioners priorto recording the Lot Line Adjustment plat. 2. The draft plat shall be amended as follows: A. The map shall be prepared per Section 24-10-50 of the Weld County Code. B. The plat shall be titled: Lot Line Adjustment # LLA21-0033 C. The plat shall include_the attached Weld County Plat Notes.. D. The plat shall bear the certifications shown in Appendix 24-F of Chapter 24 of the Weld County Code. Do not include the Board of County Commissioners certification block. E. The plat shall contain a list of the history of land divisions and amendments, which resulted in the parent parcels. Reference previous land divisions by case number, reception number and recording date or deed. F. The new Lot Line Adjustment lots shall be designated from smallest to largest in acreage, on the plat map and legal description, as specified hereafter: 1) Lot A of RE -4482 is now known as: Lot A of LLA21-0033 , 2) Lot B of RE -4482 is now --known as' Lot B of LLA 21-0033 G. Lot acreages shall comply with the minimum lot size in the underlying zone district and/or the acreage requirements per Section 24-11-20 and Section 24-11-30 of the Weld County Code. LLA21-0033 Page 2 of 7 H. The Lot Line Adjustment lots shall comply withthe cnteria.of-the land division being amended per the Standards outlined in the applicable Article of Chapter 24 of the Weld, County Code. 1. Show and, label the existing lot line to be- amended •with a dashed -line type and the proposed lot -line with a solid heavy line type. J. This portion of County Road 2 is under the jurisdiction of Adams. County. However, Weld County has right-of-way on.the northem side of CR 2. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road.'If the. existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback the Weld County Code•Sec. 23-1-90;'the required setback is measured from the future'right-of-way line. K. This . portion of CR 19 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as an arterial road, which requires 140 feet of right- of-way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required :setback is measured from the future right-of-way liner This road is maintained by Weld County. L. Show and label the existing and proposed access points and the usage types (Agricultural, Residential, Commercial/Industrial, and/or Oil and Gas)_. Development Review will review access locations as a part of•the plat submittal. M. The applicant shall submit a recorded copy of any agreement signed by all of the owners of the Lots A and B crossed by the shared access. The access shall be for ingress,, egress, utilities and shall be referenced on the plat by the WeId County Clerk and Recorder's Reception number. OR A 30 -foot wide joint access and utility easement extending across Lot B from County Road 2, for the benefit of Lots A andB, shall be shown and dedicated on the plat. N. .Siatbackradiuses forexisting oil.and gas tank batteries and'wellheads shalt be indicated on the plat per the setback requirements of 23-3-70.E of the WeId County Code. 0. All recorded easements and rights -of -way shall be delineated on the plat by book and page.number or, reception number. 3. The following Plat Notes shall be placed.on the plat: 1) The purpose of this Lot Line Adjustment is to adjust the boundaries between Lots A and B oORE 44B2 now known as Lots A and B of LLA21=0033: 2) This Lot Line Adjustment was approved to b.an illegal parcel into compliance with the Weld County, 3) No lot,may be amended or divided except in accordance with Chapters 24 or 27 of the -Weld County Code, as amended. 4).• Any. future ,structures: or uses on site must obtain the appropriate zoning and building permits. 5) The prope'rty.owner or operator shall be responsible for'controlling noxious weeds on the site, pursuant, to Chapter 15, Article land II, of the Welld.County •Code. 6) Weld County will not replace overlapping easements located within existing right-of=way or pay to relocate evicting utilities within the existing County right-of-way. LLA21-0033 Page3of7 7) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. - 8) Prior to the release of building permits, the applicant shall be required to submit a complete access application fora "preliminarily approved" access location as shown on this plat. 9) Any work -that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right-of=Way Use Permit priorto commencement. 10) The historical flow patterns and runoff amounts will be maintained on the site. 11) All access and utility easements are dedicated forthe benefit of all owners of lots depicted on this plat, including owners of future lots created therefrom, regardless of lot configuration or numberof users, and without limitation of the use or intensity of the use of such easements. No lot owner may install a gate or otherwise impede the useofsuch easements without the approval of all persons with rights of use of such easements. 12) Water service may be obtained from Todd Creek Village Metropolitan District. 13) The parcels are currently not served by a municipal sanitary sewer system. Sewage disposal may be by on -site wastewater treatment systems (OWTS) designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division, and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. 14) Activity or use on the surface of the ground over any part of the OWTS must be restricted to that which shall allow the system to functionas designed and whichshall not contribute to compaction of the soil orto structural loading detrimentaltothe structural integrity orcapability ofthecomponentto functionas designed. 15) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Lot Line Adjustment number. 16) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No occupied building or structure shall be constructed within two -hundred (200) feet of any tank battery, within one hundred -fifty (150) feet of any oil and gas wellhead or.within twenty-five (25) feet of any plugged or abandoned oil and gas well. 17) Building permits shall be obtained priorto the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29-3- 20 B.13 of the Weld County'Code Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required forany electrical service to the building orwater forwatering or washing of livestock or poultry. 18) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs. 19) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the State's commercial mineral deposits are essential to the State's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. LLA21-0033 Page 4 of 7 Mineral resource locations are widespread throughout the County -and people moving. into these areas must recognize the various impacts associated with this development. Often times, 'mineral resource sites are fixed to theirgeographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should beafforded the opportunity to extract the mineral resource. �. 20) WELD COUNTY? S RIGHT TO FARM STATEMENT: Weld County, is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The- rural areas of Weld County may be open and spacious, but they are .intensively used for agriculture. Persons moving into a rural area must recognize and 'accept there are drawbacks, including conflicts with, long-standing agricultural practices and a lower level of -services than intn. Along with the drawbacks come the incentives which attract urban dwellers -to relocate to rural areas: open views, spaciousness,.wildlife, lack of city noise and congestion, and•the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will -generate off -site impacts, including noisefrom tractors and equipment; slow -moving farm vehicles on rural roads; dustfrom animal pens, field work, harvest and gravel roads; odorfrom animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying :It is common practice foragricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their' agricultural operations. A concentration of miscellaneous agricultural materials -often produces a visual disparity between rural and urban areas of the County: Section 35-3.5-102, C.R.S.•, provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural' operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline forthe agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, ,or other structures, -unless they have an adjudicated right to the water. Weld County covers a land -area of approximately fourthousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of State and County roads outside of. municipalities.'Thr sheer magnitude of the area to be served stretches available resources. Law enforcement is: based onresponses to complaints more than on patrols of the County, and the distances which must -be traveled may delay all emergency responses, including I enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who.must leave theirjobs and families to respond .to emergencies.: County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities'mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self -sufficientthan urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment; pondsand irrigation ditches, electrical -power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock,'and open burning present real threats. Controlling children's activities is -important, not only fortheir safety, but also forthe protection of the farmer's livelihood. LLA21-0033 Page 5 of 7 Next Steps: Per Section 24-10-50 of the Weld County Code:The Lot Line Adjustment revised draft plat shall be submitted once an application is approved. The applicant shall electronically submit the draft plat in PDF format to the Department of Planning Services for Planning and Public Works review. Planning staff will send the draft plat back to the applicant with redline comments to be incorporated in the revised plat. There may be subsequent rounds of review. Upon approval of the draft plat and completion of the conditions of approval, the applicant shall submit the signed and notarized approved plat to the Department of Planning Services. The approved plat shall be recorded in the Office of the Weld County Clerk and Recorder by the Department of Planning Services. The approved plat and additional requirements shall be recorded within one hundred twenty (120) days from the date the administrative review was signed orfrom the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fee. Enforcement: Per Section 24-10-60 of the Weld County Code: A. If the Lot Line Adjustment plat, has not been recorded within one hundred twenty (120) days from the datethe Staff Reportwas administratively signed orthe date of approval by the Board of County Commissioners, or if an applicant is unable to meet any of the conditions within one hundred twenty (120) days of approval, the Director of Planning Services may grant an extension fora period not to exceed one (1) year, for good cause shown, upon a written request by the applicant. If the applicant is unwilling to meet any of the conditions of approval or the extension expires, the application will be forwarded to the Board of County Commissioners for reconsideration. The entire application may be considered for denial by the Board of County Commissioners. Alternatively, the Board of County Commissioners may consider upholding, modifying or removing the contested ,conditions of approval. B. The property owner shall comply with the recorded plat notes and lot configuration. Noncompliance may result in locking of the lots and withholding Weld County permits. C.. The Board of County Commissioners shall have the power to bring an action to enjoinany subdivider from selling, agreeing to sell or offering to sell subdivided land before a plat forsuch subdivided land has been approved and recorded per Section 30-28-110(4), C.R:S. Plat Recording, Process: Per Section 24-10-40.1 of the Weld County Code: Upon completion of the conditions of approval and acceptance of the plat, the plat may be submitted for recording with the recording fee to the Planner. The plat shall be signed :and notarized by the property owners. If approved by the Department of Planning Services, the Planning Director shall sign the plat. If approved by the Board of County Commissioners, the Chair of the Board shall sign the plat. Per Section 24-10-40.J of the Weld County Code: The Department' of Planning Services shall submit the plat to the Weld County Clerk and Recorder for recording. - Per Section 24-10-40. K. of the Weld County Code: The Lot Line Adjustment is approved and binding the date the plat is recorded with the Weld County Clerk and Recorder. Per Appendix 5-J of the Weld County Code,:Planning Fee Schedule Item #20; (Ordinance 2020-19, effective January 1, 2021), should the plat not be recorded within the required one hundred twenty (120) days from the date.the Administrative Review was signed, a $50.00 Recording Continuance fee shall be assessed for each additional three (3) month period. that the plat has not been recorded, beyond the initial one hundred twenty (120) days. LLA21-0033 Page 6 of 7 7. Recording New Deeds: The applicant shall create and record deeds forall the newly created lots; deeds shall include the legal description of each lot and the reception of the Lot Line Adjustment plat. New, deeds are required even if lots .will remain under the same ownership. Failure' to do so may create issues with the proper, assessment of the Iots..bythe Weld County Assessor's Department and may.'create a clouded chain of title. Date: 11/10/2021 Chris Gathman, Planner III LLA21-0033 Page7of7 RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR17-0067, FOR ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (SELF-STORAGEFACILITY), PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT - ROBERT L. SELTZER FAMILY TRUST, C/O GALLACHER DEVELOPMENT, LLC 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 4th day of April, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Robert L. Seltzer Family Trust, 33641 CR 83, Briggsdale, CO 80611-7808, c/o Gallacher Development, LLC, 10465 Park Meadows Drive, Suite 107, Lone Tree, CO 80124, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0067, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (self -storage facility), provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot A of Recorded Exemption, RE -4482; being part of the SW1/4, W1/2 SE1/4 of Section 34, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicants were present, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicants and the recommendation 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 23-2-260 of the Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicants have shown compliance with Section 23-2-230.B of the Weld County Code as follows: A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. CCtPLCCC,(MM), PW(EP/H8), £HCIL), CC C6c), Cr&CT1), aPPL / aPPL R£P oS/ t 5/18' 2018-0934 PL2531 1.� SPECIAL REVIEW PERMIT (USR17-0067) ROBERT L. SELTZER FAMILY TRUST, C/O GALLACHER DEVELOPMENT, LLC PAGE 2 1) Section 22-2-20.G.2 (A.Policy 7.2) states: "Conversion of 'agricultural land to nonurban residential, commercial, and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region. "The applicants are proposing to screen the exterior of the facility with the layout of the self -storage buildings. Conditions of Approval and Development Standards are attached to address potential impacts associated with the use. One of these Conditions includes an Improvements and Road Maintenance Agreement required for off -site improvements at this location. This agreement will address road maintenance including, but not limited to, dust control, tracking control, damage repair, specified haul routes and future traffic triggers for improvements. 2) Section 22-2-20.1.5 (A. Policy 9.5) state: "Applications fora change of land use in the agricultural areas should be reviewed in accordance with all potential impacts to surrounding properties and referral agencies." Referral comments (including referrals from County agencies and the Brighton Fire Rescue District) are addressed through Conditions of Approval and . Development Standards. B. Section 23-2-230.B.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.S of the Weld County Code provides for any use -permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (self -storage facility) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of an regulations controlling subdivisions as a Use by Special Review in the A (Agricultural) Zone District. 1) Section 23-3-10 — Intent states: "The A (Agricultural) Zone District is also intended to provide areas for the conduct of Uses by Special Review which have been determined to be. more intense or to have a potentially greater impact than Uses Allowed by Right." The proposed use is adjacent to an existing RV storage facility to the north (USR12-0022). The road impacts and visual impacts associated with the facility are addressed through Conditions of Approval and through the proposed layout/design of the facility. An Improvements and Road Maintenance Agreement is attached as a Condition of Approval to address potential impacts to County roads resulting from the additional traffic created by this facility. Additionally, the applicants are proposing to screen the mini -storage facility along the perimeter with proposed buildings. C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. Existing single-family residences 2018-0934 PL2531 SPECIAL REVIEW PERMIT (USR17-0067) - ROBERT L. SELTZER FAMILY TRUST, C/O GALLACHER DEVELOPMENT, LLC PAGE3 are located approximately- 150 feet to the south and 525 feet to the southeast of the facility (within the boundaries of Adams County). Another single-family residence is located approximately 1,750 feet- to the northwest. An existing RV. storage facility (approved under USR12-0022) is located to the north of the site. The applicants are proposing to screen the exterior of the facility with the layout of the self -storage buildings. Conditions of Approval and Development Standards are attached to address potential impacts associated: with the use. One of these Conditions includes an Improvements and Road Maintenance Agreement that is required for off -site improvements at this location. This agreement will address road maintenance including, but not limited to, dust control, tracking control,_ damage repair, specified haul, routes and future traffic triggers for improvements. D. ,Section 23-2-230.8.4 --The uses which will be permitted will be compatible with future development of the surrounding area, as permitted by the existing zoning, and with the future, ;development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. ,The site isnot located within a Cooperative Planning Agreement (IGA) boundary of any municipality. The site is located within the three (3) mile referral areas of the Cities of Brighton, Dacono and Northglenn. No referral comments have been received from these municipalities. E. Section 23-2-230.B.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is not within the Geologic Hazard Overlay District, a. Special Flood Hazard Area or the Airport Overlay District. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-230.B.6 -- The applicants have demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility , is located on approximately 34.93 acres delineated as "Other" and "Irrigated(Prime)," per the 1979 Soil Conservation Service -Important Farmlands of Weld County Map. The majority of the property (with the exception of a northern section of the property is delineated as "Other". The proposed self -storage is located within the area delineated as "Other'.. G. Section 23-2-230.6.7 —The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The applicants requested waiver from the Weld County sign requirements 2018-0934 PL2531 SPECIAL REVIEW PERMIT (USR17-0067) - ROBERT L. SELTZER FAMILY TRUST, C/O GALLACHER DEVELOPMENT, LLC PAGE 4 delineated in Chapter 23 of the Weld County Code to allow one (1) forty (40) square foot upward -lit freestanding (Monument) sign and one (1) forty (40) square foot back -lit building sign. The Board agrees to grant a waiver of said sign requirements and allow the requested signage, which shall be turned off at 9:00 p.m., as further addressed in the Conditions of Approval and Development Standards. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Robert L. Seltzer Family Trust, c/o Gallacher Development, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0067, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (self -storage facility), provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1 Prior to recording the plat: A. The applicants shall address the referral requirements of the Brighton Fire Rescue District dated December 19, 2017. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required. C. An Improvements and Road Maintenance Agreement is required for off -site improvements at this location. Road maintenance including, but not limited to, dust control, tracking control, damage repair, specified haul routes and future traffic triggers for improvements will be included. D. An updated Screening Plan shall be submitted for review and approval by the Department of Planning Services. E. The applicants shall submit proof that the Todd Creek Metropolitan District will provide water service to the facility. F. The plat shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR17-0067. 2) The attached Development Standards. 3) The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 2018-0934 PL2531 SPECIAL REVIEW PERMIT (USR17-0067)- - ROBERT L. SELTZER FAMILY TRUST, _C/O GALLACHER DEVELOPMENT, LLC PAGE5 4) The applicants shall show and label the accepted drainage features and drainage flow arrows. Water quality features or stormwater ponds should be labeled as `'Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. 5) . The outdoor storage shall be removed. 6) The applicants shall delineate on the map the trash collection areas. Section 23-3-350.H of the Weld County Code addresses the issue of trash collection areas. 7) • The map shall delineate the landscaping and/or screening, in accordance With the approved Landscaping/Screening Plan. 8) The , map shall delineate any; proposed lighting. Lighting shall adhere to -the requirements delineated in Section 23-2-250.D of the Weld County Code.• 9) The facility shall be allowed one (1) forty (40) square foot upward -lit freestanding (Monument) sign and one. (1) forty (40) square foot back -lit building sign, to be turned off at 9:00 p.m.• All other signs shall adhere to Chapter 23,• Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. All signs shall be shown on the map.. 10) The map shall delineate, -the parking area for the vendors, customers and/or -employees. 11) County Road 2 is a paved road and is designated on the Weld County Functional. Classification Map as an arterial road which requires 140 feet of right-of-way at full buildout. The applicants shall delineate,on the. site ,plan the future and existing right-of-way. All setbacks shall be :measured from the edge of future right-of-way. This road is not maintained by Weld County. 12) County Road 19 is a paved road and is designated on the Weld County Functional Classification Map as an arterial road which requires 140 feet of right-of-way at full buildout. The applicants shall delineate on the site plan the future and existing right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by. Weld. County. . 13) Show,and label the approved access locations, and the appropriate turning radii (60') on the site plan. The applicants must obtain an Access Permit in the approved location(s) prior to construction. 14) Show and label the approved tracking control on the site plan. 2018-0934 PL2531 SPECIAL'REVIEW PERMIT (USR17-0067) - ROBERT L. SELTZER FAMILY TRUST, C/O GALLACHER DEVELOPMENT, LLC PAGE 6 _ 15) Show and label the entrance gate, if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event shall the distance from the gate to the edge of the traveled surface be less than 35 feet. 16) Show and label all recorded easements on the map by book and page number or reception number and date on the site plan. 2. Upon completion of Condition of Approval #1 above, the applicants shall submit one (1) paper copy or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat the applicants shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 23-2- 260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicants shall be responsible for paying the recording fee. 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat not be recorded within the required one hundred twenty (120) days from the date ,of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional three (3) month period. 4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet).... etc.). This digital file may be sent to maps@co.weld.co.us. 5. Prior to Construction: A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. B. The approved access and tracking control shall be constructed prior to on -site construction. This site requires a tracking control device and 100 feet of asphalt or 300 feet of asphalt for tracking control. 6. • The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat 2018-0934 PL2531 SPECIAL REVIEW PERMIT (USR17-0067) - ROBERT L. SELTZER FAMILY TRUST, C/O - GALLACHER DEVELOPMENT, LLC PAGE 7 fl is ready to be recorded in the office -of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the_4th day of April, AD., 2018. BOARD OF COUNTY COMMISSIONERS WELD,C9UNTY, COLORADO ATTEST: �t 11c.t� u(AYE) Ste Moreno, Chair Weld County Clerk to the. Board NAY arbara Kirkmeyer ro-Tem BY: De uty Clerk to the Board AYE Sean P. Conway APPR.O D AS CUSED -. / �j i61 a A. Cozad 9 ounty ttorney ® AYE (� ike Freeman .Dateofsignature: owii9iI9- 2018-0934 PL2531 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ROBERT L. SELTZER FAMILY TRUST, C/O GALLACHER DEVELOPMENT, LLC USR17-0067 1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0067, is for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (self -storage facility), provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The hours of operation for the office are 8:00 a.m. - 6:00 p.m., Monday — Sunday. Access to the facility will be available by electronic keypad entry between 6:00 'a.m. and 1000 p.m., Monday - Sunday. 4. The number of on -site employees shall be two (2). 5. No hazardous materials shall be stored on the.site. . . 6. The parking area on the site shall be maintained. 7. The facility shall be allowed one (1) forty (40) square foot upward lit freestanding (Monument) sign and one (1) forty (40) square foot back -lit building sign, to be turned off at 9:00 p.m. All other signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 8. The landscaping/screening on the site shall be maintained in accordance with the approved Landscaping/Screening Plan. 9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 10. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S. 11. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article I, of the Weld County Code. 12. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's Air Quality Regulations. 2018-0934 PL2531 DEVELOPMENT STANDARDS (USR17-0067).- ROBERT L. SELTZER FAMILY TRUST, C/O GALLACHER DEVELOPMENT, LLC PAGE 2 13. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone District, as delineated in Section 25-12-103, C, R.S. 14. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Waste Water Treatment Systems,. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 15. No outdoor storage is allowed. 16. Adequate drinking,-handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. For ten (10) or,less customers or visitors per day, and two (2) or less full-time employees on the site, portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. . 17. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 18.. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 1.5, Articles I and II, of the Weld County Code. 19. - The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 20. There shall be no parking or staging of vehicles on public roads. On -site parking. shall be utilized. 21. Any work that may occupy and/or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use -Permit prior to commencement. 22. The historical flow patterns and runoff amounts on the site will be maintained. 23. Weld County is not responsible for the maintenance of on -site drainage related features. 24. Sources. of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map. Neither the direct, nor reflected, light from anylight source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights. may be used which .may be confused with, or construed as; traffic control devices. . . . 25. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2017 National Electrical Code. A -Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the 2018-0934 PL2531 DEVELOPMENT STANDARDS (USR17-0067) - ROBERT L. SELTZER FAMILY TRUST, C/O GALLACHER DEVELOPMENT, LLC PAGE3 wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required or an Open Hole Inspection. 26. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 27. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 28. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 29. The facility shall notify the County of any revocation and/or suspension of any State issued permit. 30. The property owner or operator shall notify the County upon receipt of any compliance advisory or other notice of non-compliance of a State issued permit, and of the outcome or disposition of any such compliance advisory or other notice of non-compliance. 31. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 32. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous .counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and persons moving into these areas must recognize the various impacts associated with this development. Oftentimes, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral . owners should be afforded the opportunity to extract the mineral resource. 2018-0934 PL2531 DEVELOPMENT STANDARDS (USR17-0067) - ROBERT L. SELTZER FAMILY TRUST, C/O GALLACHER DEVELOPMENT, LLC PAGE 4 33. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the map and recognized at all times. Hello