HomeMy WebLinkAbout20240578.tiffRESOLUTION
RE: ACCEPT REQUEST TO WITHDRAW APPLICATION FOR A SITE SPECIFIC
DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR12-0062, FOR
A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE OR USE BY SPECIAL
REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS
(MANUFACTURING, FABRICATION AND PAINTING OF OIL AND GAS AND
AGRICULTURAL EQUIPMENT) 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, AND RESCIND
RESOLUTION #2013-0144, DATED JANUARY 16, 2013 - RF HOLDINGS, 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, on January 16, 2013, the Board approved the application of RF Holdings,
LLC, 8394 U.S. Highway 85, Fort Lupton, Colorado 80621, for a Site Specific Development Plan
and Use by Special Review Permit, USR12-0062, for a Use permitted as a Use by Right,
Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts
(manufacturing, fabrication and painting of oil and gas and agricultural equipment) 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 subdivision in the A (Agricultural) Zone District, on
the following described real estate, to -wit, and:
Lot A of Recorded Exemption, RECX12-0097; being
part of the W1/2 of Section 26, and part of the E1/2
of Section 27, all in Township 3 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS, on March 6, 2024, the Board was presented with an email, dated January 12,
2024, from the applicant's representative, Tim Naylor, AGPROfessionals, 3050 67th Avenue,
Suite 200, Greeley, Colorado 80634, requesting the withdrawal of the application, stating the
applicant is no longer in business and the property owner does not want to pursue the application,
and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and all of the exhibits and
evidence presented in this matter and, having been fully informed, deems it advisable to grant the
applicant's request and thereby accept the withdrawal of the application, and rescind Resolution
#2013-0144, dated January 16, 2013.
CV. PL(TQ/ER/1HN/c6), ASR (SG) p PIPL .
04105/2L(
2024-0578
PL2203
WITHDRAW USR12-0062 AND RESCIND RESOLUTION #2013-0144 - RF HOLDINGS, LLC
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of RF Holding, LLC, to withdraw the application for a Site
Specific Development Plan and Use by Special Review Permit, USR12-0062, for a Use permitted
as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial
Zone Districts (manufacturing, fabrication and painting of oil and gas and agricultural equipment)
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 subdivision in the A (Agricultural) Zone
District, on the parcel of land described above, be, and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that Resolution #2013-0144, dated January 16, 2013, be, and hereby is, rescinded.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of March, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CQLQR4OQ
ATTEST: c.1l
Weld County Clerk to the Board
Bk_Ju 1th t14,1,daAo)ck
Deputy Clerk to the Board
APP 0VE
ounty - torney,
Date of signature: 3� I Z�
Kevin D. Ross, Chair
Perry L. Bufc, Pro-Tem
Mike reeman
Sco
sine
2024-0578
PL2203
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Board of County Commissioners
From: Tom Parko, Department of Planning Services
Cc: Chris Gathman, Planner Ill
Subject: USR12-0062 - Consider rescission of conditionally approved permit
Hearing Date: March 6, 2024
Owner: RF Holdings, LLC
Address: 21770 CR 30, WELD, CO 80642
Legal Description: PT W2 26-3-65 AND PT E2 27-3-65 LOT A REC EXEMPT RECX12-
0097
Location: Approximately 1/2 mile south of County Road 30 and approximately 1 mile
east of County Road 43.
Parcel Number: 1213-27-4-00-007 Parcel Size: +/- 167 acres
Zoning: A (Agricultural)
Summary:
This purpose of this memorandum and hearing is to seek direction from the Board of
County Commissioners regarding the approved, but not perfected USR12-0062.
Use by Special Review permit # USR12-0062 (A Site Specific Development Plan and Use
by Special Review Permit for a use permitted as a Use by Right, an Accessory Use, or a
Use by Special Review in the Commercial or industrial zone districts (manufacturing,
fabrication and painting of oil and agricultural equipment) was conditionally approved by
the Board of County Commissioners and the Final Resolution was signed on January 16
19, 2013 (Exhibit A).
On January 11, 2024, Planning Staff sent an email to the owner requesting status of the
permit (Exhibit B). The Planning Department received an email dated January 12, 2024,
from Mr. Tim Naylor with AgProfessionals stating that the business is no longer
operational and since abandoned (Exhibit C). Additionally, planning staff conducted a site
inspection and verified that the business is not operational.
31Le
2024-0578
}?L2Zb3
Based on the correspondence received from the owner, Planning Staff recommends that
the Board of County Commissioners rescind Use by Special Review Permit No. USR12-
0062.
Exhibits:
A: Signed BOCC Resolution
B: Email to owner dated January 11, 2024
C: Email from owner to staff dated January 12, 2024
D: Vicinity Map
G: Draft USR Map
From:
To:
Cc:
Subject:
Date:
Attachments:
Tim Naylor
Tom Parko Jr
Tom Haren; Chris Gathman
RE: USR12-0062
Friday, January 12, 2024 10:26:02 AM
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Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless
you recognize the sender and know the content is sate.
Tom
Please rescind. The applicant is no longer in business and the property owner does not want to
pursue this further.
Thanks
Tim Naylor
AG PROfessionals
3050 67th Avenue, Suite 200
Greeley, CO 80634
970-535-9318 office
970-535-9854 fax
(303) 870-0013 mobile
www.agpros.com
AGPROfessionais
DEVELOPERS OF AGRICULTURE
From: Tom Parko Jr <tparko@weld.gov>
Sent: Thursday, January 11, 2024 2:33 P
To: Tim Naylor <tnaylor@agpros.com>
Subject: USR12-0062
Tim,
M
• 2O19
a To rch
Awards
f orEthics
Winner
=MERCURY
•`*- FASTEST -GROWING
PRIVATE COMPANIES
2022 HONOREE
NORTHERN COLORADO
BizWest
Good afternoon. I've been tasked to clean up old case files with Weld County and our records
indicate that you are listed as a contact for USR12-0062. Please see attached Resolution. This case
was conditionally approved by the Board of County Commissioners on January 16, 2013 for an
agricultural business. Our records indicate that this USR was not perfected (recorded). If this USR has
not been recorded, please work with the case Planner, Chris Gathman to finalize any conditions of
approval so we can finalize the USR. Chris' email address is cgathmanlOweld.gov. If the business is
not operational please let me know and we can take the case before the BoCC for recission. Please
don't hesitate to contact me with any questions.
Best,
Tom Parko
Community Development Coordinator
Weld County Government
1402 N. 17th Avenue
Greeley, Colorado 80631
tel: 970-400-3572
tparko@weld.gov
RF HOLDINGS, LLC.
WELD COUNTY USE BY SPECIAL REVIEW
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Cargo Containers
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Composting Facility
1
This map is a user generated static output from an Internet mapping site and is for
reference only Data layers that appear on this map may or may not be accurate,
current, or otherwise reliable
THIS MAP IS NOT TO BE USED FOR NAVIGATION
his map is a user generated static output from an Internet mapping site and is far
reference only Data layers that appear on this map may or may not be accurate,
current, or otherwise rehab'e
THIS MAP IS NOT TO BE USED FOR NAVIGATION
CERTIFICATE OF CONVEYANCES
STATE OF COLORADO
COUNTY OF WELD
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
Land Title Order No.: RF Holdings
The Land Title Guarantee Company TITLE INSURANCE or ABSTRACT COMPANY hereby
certifies that it has made a careful search of its records, and finds the following conveyances
affecting the real estate described herein since August 30, 1972, and the most recent deed recorded
prior to August 30, 1972.
Legal Description: A Portion of the west half of Section 26 and the East Half of section 27,
Township, 3 North, Range 65 West see deed recorded May 1, 2006 at Reception No. 3383813 for
full legal.
CONVEYANCES (if none appear, so state):
Reception No. 1512156 , Book 599
Reception No. 1559237 , Book 637
Reception No. 1748517 , Book 827
Reception No. 2357470 , Book 1409
Reception No. 2390326 , Book 1443
Reception No. 2390327 , Book 1443
Reception No. 2432068 , Book 1485
Reception No. 2432437 , Book 1485
Reception No. 2434755 , Book 1488
Reception No. 2762393
Reception No. 2973529
Reception No. 3383813
This Certificate is made for the use and benefit of the Department of Planning Services of Weld
County, Colorado.
This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a
guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee
paid for this Certificate.
It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by
its proper officer this 5' day of July, 2012 at 5:00 o'clock P.M.
LAND TITLE GUARANTEE COMPANY
ITUACA.A-
Kerri Allison
Title Examiner
ar.K Rectxdd at.... f.1_. eloek.LL hf.._....._.......DEC.21.1019..__"'_- •
3'7, Re«paen Na._ _..._......1S,524;#"1_,._...,..�.�iseonte�____ xewran. • •
...••:
8tk,otu u116*8stt b}. ti)i",e ire.etai , That I....:...__...._...
, "WESLEY E. mosER
-•-•-:._....,_..._ ................_...--.__...... -j� - -. -.-roof_. __ - •-.
egreie le: • Weld . .. .' .., ' Colorado
:�ptity of_...:.__ ....................._._......:::... and State ofs....._.....�..............-.___..._.........:..-----,,-
o''aiAetppoaof_other, valuablL'consideratiori and TELL_____:;:.
WES•MOSER & SONS ZINC:•` a doj.'arado .,:
in hatitd pa[d: hereby sell(e) and mnvey(a to....:_............_........._........w... ...:.t._..._ :...._I......._,i_,. ... i
Corporation,: i
�..._. ...Y ...... E
X761Ei�(7IilG7�......_.............:......._.._.._. iiilgCfSil($iCimC..__._._.... _ _ _ _::.__thc. '
WELD -and State of Colorado,
follow:ag rcal mix-MyIn the County of..._.:....._...._..........._.___._._............__........._.._. 4.
•to•wSt: The East Half (E 1/g) of Section Twenty-five (25), Township •
Three (3) North, Range Sixty-five (65) West of the 6th P.M.., -TOGETHER
with irrigation well and ences; Tho Southwest Quarter (AW.1/4).of
Section Twenty-six (26), )ownship Three (3) North, Range Sixty five
(65) West of the 6th P.O.II; That part of the Southeast Quarter. (50.1/
of Section Twenty-seven (27), Township Three (3) North, •Ran_ge°Sixty-
five (65) West of the 6thP.M., lying east of the Heetie _Cartel;, The
North Half (N 1/2) of the; Southeast Quarter (SE 1/4) of:Seoti'on Thirty
four (34), Township Thre* (3) North, Range Sixty-five (65)' West 'of th
6th P.M. and. the West Half (W 1/2) of Section Seven (7), Township.''•
Pour (4) North, Range Sixty-four (64) West of the 6th P,M,,'T0GETHER
With all right, title and interest in and to rive (5) irriBetion.xpl1
Nos; R-1474d,_R-14749, P2,176, P51775 and replacement vre11 together._'
with three'�3) "Valley" self-propelled sprinkler systems Models"1040.•
withSer1al =67.:;
os, 720, 8601 and 867. ALSO together with II, 7orth 39
-feet of the Southwest Quarter (SW 1/4) of Section Thirty-four (34),'
Township Three (3) North,!Range Sixty—five (65) West•of the.6th Pal..,
with ao Ito appurtenances and wamtnt(e
to taxes for the year 197
the title to the..., =weft ta_ NMP. _S , o f • record and .
0►._.pmable 1n 1971.
Signed this „o7 dayof NoVeraber ,A.D.19T9•.
In the Presence of
STATIITORY AGE:NOWLEDOMENT
STATE OF COLORADO,
Weld
The foregoing imerument was aelanowtedgu:d before me ft
z-- e; day Le Wovembe _._._..--•--..-fore,
gy.,_ WESLEY_E.MO�ER..--._.......__......_.._._.....__.._......__.._._.._._......
Witnew mY hand and offidnl seal.
N�
.0 aeon. In aQloial or NpcaNntatWa eapaalt r name and alto Oiled or ...Qv apolofe an=a.
.61
o 827
N Nes.etien No
ewe e.e et 1/� � d„ed �, � MAR 2 7 1978
+ta w 1746517 y,v a„,
NOEURA.1Q A. masEa, -also kas NORMAN ',ICBM
amv cmc sad 2ftrgtteltse E. Mosel, also kao'
iaa Marguerite Elizabeth Moser sad as Elizabeth
Moser County ofWel¢ I , end state of
Colcrado , far the -consideration of
One Dollar and other valubl I�,}i�F�td'y'�fa
hereby eel. and quit claim. to' i
ZMOSER FARMS, I1CC.,,s<Cplora o eorrpporation,
os.: addra:a is 22to8 "7a2' ^t•• Rd., 3C
iud50r, CA� B0�ig2
Countyofl{eld and State of colorad° , the follow.,real
property, in the Coun ly of weld , and State of Colorado, to alt:
'e 7x76 or section 26, Towne ip 1 North, Range 67 West of the 6e P.M,I
The SE%6 of Section 4, Township 2 north Range 65 West of the 6e P.M.
The NW% of 5action 26, ToomsFiip 3 North, Range 65 West of the 69 P.N..
The NE5 of Section 10 end thelIS}t07 or Section 29, Township 1 North,
;Range 66 West of the 6. P. M:
•
aesarviag unto the grantors all rents, royal5171 and/or delay rental
due or to becoxe sue undor an7 and all oil, gaa or mineral leases
granted by grantors
ai
also known as street and number
• with all its appurtenances
Signed this /7 ff day of
3tS«S .,. ,O ,c A3e
//�nSo ✓ P en. Y66 JY
978
off: Fr ^er a orm rtoser
:argue/rite b. Mos.' aka Marguerite
E. !loser and aka Elizabeth Moser
STATE OF COLORADO,
as.
County of '%i
• The in�inetr meal was a knoaledEed bofore me Chis /�
dayof N,,,,u-..e .na ,bsTtarmaa A. Y,oser, aka Norman Moser, and
a z ,peppt,,abeth Moser aka Marguerite E. Moser end aka Elizabeth
3fytommieldWiayires /97f
# . lQ,iaf milt terdoffidalseal
Ns. 06 aImam.0s 411.1b.-11.e.,+rwrt..,ue�tmann.�u.e....c.�...srtesnu-n-n
SKLD LG SKL10422 WE 1748517-1
978.001
Et 1409 NEC 02357470 11/01/93 11:15 $10.00 1/002
AR235T170 0 1001 MARY ANN FEOERSTEIbjCLERK 5 RECORDER WELD CO, CO
PUBLIC TRUSTEES DEED
sale'r:o. 505
THIS DEED is made NOVEMBER 1 .19'33 • ,..I. n
Kevin J. Stacks as the Public Trustee, of the
'County of Geld . Colorado. and
The First National Bank of Lonpsont
, Grantee. the hold. of the
II Certificate of Purchase. Cl Certificate of Redemption issued to the Hurter last redeeming whose hap' address is
P.O. Box 1159, Longmont, CO 80502-1159
WHEREAS,
dld. by Deed of Trust dated October 30 , Iq B6 • and recorded in the oKee Ire Clerk and Rxoeder
,• ofthc County of Weld I; Coloradaon October 31 ,1985 ,
i in Book 1133 , Page N/A ,Film No. 1762 ,Reception No. 02075415
convey to the Public Trustee, in Trust. the property hereinafter described to secure the payment of the indebtedness
provided in said Decd of Trust: and
WHEREAS. 3 violation was made in certain of the terms and comments of said Decd of Trust as shown by the Notice
,• of Election Dad Demand for Sale filed with the Public Trustee. duplicate of which was recorded to the office of said
Courtly Clerk and Recorder} the said property was advertised kr public sale at the place and in the mannerprovided by
law and by said Dad of Truss, Notice of Right to Cure and Redam and Notice of Sale were given as rer:uired by law: said
properly was sold according to said Notice of Sale; and a Certificate of Purchase thereof was made and mord. in the
i office of said County Clerk and Recorder, and
WHEREAS, ail periods of redemption have expired.
•• NOW, THEREFORE, the Public Trustee, pursuant to the er and authority vested by law and by the said Deed of
trust, confirms the foreclosure sale and sells and conveys to Grantee the following described property loaned in the
County of Weld , State of Colorado, to•wir.
See Exhibit A attached hereto.
� I
Moser Farms, l:c., a Colorado corporation, Heinze Farces, Inc., a Colorado
corporation, and Norman A. Moser aka Norman Moser, individually, and
Marguerite E. Moser aka Marguerite Elizabeth Moser aka Elizabeth Moser,
• individually,
also known by street and number as
TO HAVE AND TO HOLD the same, with all appurtenanteA tort
Executed the day and year first aboe written.
Kevin J. Starks
STATE OF C•OLORA.
County of Weld
Weld
' •ati.G�'!� .s
The foregoing instrument,. acknowledged before me this 150 day of NOVEMBER
lgEVIN J. "ARK5 same Public ele=of the
County of WKeld , state of Colorado.) Thi
I
j My eon:missian expires JUNE 6, 1996
W itnns my hand and official seat.
1020 90 STREET, ace, GREELEY, MEMO 130531
... rrw.ww—.r,.,�C•.u�r...ya..r t.N e,...,rm01 ar7swa7lesaJ
No... g9l rusueTeusress olio,
bdae Pub., 1743 W.. Si. Res6W gram-11.2.2.2.100—.ei
SKLD LG SKL10422 WE 257470-1393.001
I' n30r
•If le Merv, insert "City and",
1
0 1409 REC 02357470 11/01/93 11:15 $10.00 2/002
F 1002 MARY ANN FEOERSTEIN CLERIC b RECORDER WELD CO, CO
II
Exhibit A
the North one -belt of :action 4, Tornakip 2 North, Range 65 West.
the SE 1/4 of Section 4, Township 2 North, Range 65 Nest.
the NW 1/4 of Section 26, Township 3 North,a 65 Nest.
the South one-half of the 22 1/4 of Section29,Township 1 Norte,
Range 66 Nest.
the SE 1/4 of Section I, township 7 Worth, Range 61 Nest.
All of section s, Township 7 North, Range 61 weft.
the Sr 1/4 of Section 29, Township 8 North, Range 61 Nest.
the NE 1/6 of section al, Town ish p s North, Mange 61 meet.
that portion of the NE 1/4 ofJieetion 26, Township 1 North. Range
67 west described in dead recorded at reception slower 1636889, and
Lot A of Recorded Exemption No: 1460-26-1-9i 215, being a part of
the NE 1/4 of section 26, Township I North, lance 17 hoot, and the w
1/2 NE 1/4, N 1/2 St 1/4 NS 1/s, and the 112 1/4 WE 1/4 (except ore
acre in extreme northeast corner) of Section 26, Township 1 North,
Range 67 Nest.
the NE 1/4 of section 10, Township 1 North, Range ss Nest.
the North one-half of SectiooC9, Township 2 North, Range 65 Nest.
the North one-half of sectioahl2s, Township 3 North, Range 65 west.
the ON 1/4 of Section 4, Township 2 North, Range 65 Nest.
all that part o! the NS 1/4 of Section 27, Township 3 North, Range
65 west, 'yin, east of the rightrof-ray o! the Boobs Canal.
the North one-half of the South one-half of Boction 7, Township 1
North, Range 65 west. �!
the North one-half of the South one-half of the 5E 1/4 of Section
7, Township 1 North, Range 65 Nast.
the NN 1/4 of Section 20, Township 1 North, Range 65 Nest.
the NE 1/4 0f Section e, Township 7 North, Range 61 Nest.
the South one-half of seationl432, Township a North,9anoe 61 west.
the SE 1/4 of Section 31, Township I North, Range 61 west.
Together with all ditch, w11,1end water rights appertaining to
said property and ell equipment used is connection with any
sprinkler irrigation system, all as described in Deed of
Trust recorded October 31, 1986 in Book 1133 under Raoaption
No. 02075415. Ii
1;X¢ET those parcels partially released by partial releases
recorded:
May 7, 1987 in Book 1155 under'Reception No. 02098803;
May 7, 1907 in Book 1155 undenlReception No. 02096804:
April 27, 1988 in Book 1194 under Reception No. 02139086;
August 10, 1988 in Book 1205 under Reception No. 02150908;
September 28, 1988 in Book 1210 under Reception No. 02156910;
April 10, 1989 in Book 1229 under Reception No. 02175935;
April 13, 1990 in Book 1261 C 5! under Reception No. 02210716;
�
and EIthat parcel contained in Public Trustee's Owed
recorded July 25, 1990 in Book 1270 under
Reception No. 02221076.
SKLD LG SKL10422 WE 2357470-1993.002
B 1443 RRC 02390326 05/25/94 16:31,1 $10.00 1/002
F 1415 MARY ANN PELMETS'S CLERK & RECORDER WELD CO, CO
STATE DOCUMEN/ARY FEE
A6239032b
DOC FEE
$35.00
SPECIAL WARRANTY DEED
Parc 4 l 2
IP
Date 5"25`7`/
35, OO
THE FIRST NATIONAL BANK OF LONGMONT, a national banking
association, whose address is P. O.03ox 1159, Longmont, CO 80502-1159,
for the consideration of THREE HUNDRED FIFTY THOUSAND AND NO/100THS
DOLLARS ($350,000.00), in hand paid, hereby sells and conveys to JOHN
R. MOSER and ELLEN F. MOSER, as tenants in common, whose address is
12623 WCR 043, Hudson, CO 80642, the following real property in tho
County of Weld, and State of Colorado, to wit:
PARCEL 2:
All that part of the NE1/4 of Section 27, Township 3 North,
Range 65 West of the 6th P.M.,I'lying East of the Right -of -Flay of
the Beebe Canal,
TOGETHER WITH all ditch rights, irrigation wells and domestic
wells, decrees, and other water rights, pumps, motors, pivots,
pipelines and other eguipment;1associated well permits, and GASP
units appertaining thereto,
also known by street and number asfarm land, Hudson, Co 80642,
and warrant the title to the same by, through and under the Grantor,
with all its appurtenances (IN THEIR PRESENT CONDITION, AS IS),
subject to existing easements ;for roads, ditches, utilities,
pipelines, gas lines, electric lines; mineral reservations and 1ease5
of record; government regulations:1 and zoning regulations;
special taxing districts; 1994 general property taxes which Grantees
agree to pay; matters on Schedule A attached hereto; and matters set
forth in the contract not merged erein.
Signed this 24th day of May, 1994.
ATTEST }
THE FIRST MOTIONAL BANK OF i000000T,
national banking association
By: *.ktvh44...- z.
Herbert G. Balderston
Les Ma ietti, Cashier Vice President
STATE OF COLORADO )
ss.
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before to this 24th
day of May, 1994, by Herbert G. Balderston, as Vice President, and Les
Mariotti, as Cashier, of The First National Bank of Longmont, a
national banking association. 11
Witness my hand and official 'Seal.
My commission expires: Oct bye 16, 1994. a...0r
Notary Public
SKLD LG SKL10422 WE 2390326-1 94.001
B1 UNION RURAL ELECTRIC (as to Parcels 1-]1
C) GREELEY GAS COMPANY (ae GO parcels i-4)
0) PUBLIC SERVICE (as to Parcels 1-41
E) COLORADO INTERSTATE GAS
F1 PANHANDLE PASTERN PIPELINE (as to parcels
G) UNITED POWER, INC., FORMERLY
UNION RURAL ELECTRIC ASSOCIATION, INC.
(as t0 Parcels 1-4)
la 1443 REC 02390326 05/25/94 16:31 $10.00 2/002
Y 1416 MARY ANN PEUERSTEIN CLERK L RECORDER WRLD CO, CO
SCHEDULE A
Right of way for COUNTY ROADS ]0 feet :ride on either side of section
Bees as established by ORDEn OF THE BOARD and township recorded OCSOBER 14, 1889 in BOOR 86 at PAGE C]ONTT COMMISSIONERS FOR MD comet
R ighG oC vay Cor Tr7E BEEaE CANAL es evideseed by Statement !Sled in Cho geld County
clerk c Retorder•s OCfiec, IN.trar as the sane may aff[ot suhjeet property (Affects
Parcel 21
Righc of vay Cor THE HEEHE DRAM RESERVOIR a9 videnee4 by Statement filed is the Held
County clerk a Reeorder•s OtCiee, insofar as he case may affect mubjeet property,
(Affects parcels 1 4 2)
ght of County Clerk foreTHEMILTON LLA E iSERVOIRnsofar a tee dame evidenced try ffe eemeub acted io the Held
!Affects Parcels i L 2J j Property.
Reservation of the right to construct, operateland maintain over, upon or across said
land such canals, ditches, laterals and waterways of such a cession and capacities as
may be re4vired for the proper irrigation of :ter lands sow owned by the first party,
together with the right of ingres3 and egress eleag, ups , over, to and from said
canals, ditches, laterals and waterways as contained is instrument from CBICAW TITLE
AND TRUST COMPANY recorded APRIL 28, 192] is BOOR 690 at PAGE 515. (Affects Parcel 2}
Reservation by the UNION PACIFIC RAILROAD COMPANY, its successors tad assigns in Deed
recorded OCTOBER 2, 1908 in BOOR 233 at PAGE I177,
(11 all oil, coal, and other minerals• within or underlying naid lands;
!21 the exclusive eight to prospect in or upon acid lead Ear oil, coal and other
minerals therein or which may be supposed tZble therata and to mine Cor and [!cave
Coma said land, all oil. coal and other minerals which may be found thereon by enyeme,
(31 the right of ingress and [agrees upon said land to prospect Cir, mine and remove
any and all such oil, coal sad other mineral and the right to use so much of maid
land ■s may be convenient or necessary for the right of way to and from such prospect
places or mines, and tor the convenient and proper operation of such propeat places,
mines. and for roads and approaches thereto dr for removal therefrom of oil and coal,
minerals. marhinery, o: other saterial;
railroad rinhits fpresent nform pof;construction �I and atoo make any ch and °aerate its
construction or method of operation of said railroad; y age ie the form of
and any interests therein, assignments or co veywires thereof.
(Affects Parcel 21
Terms, conditions and provisions of SURFACE AGREEMENT.
Amt MARGUERITE e. MOSER, THE FIRST NATIONAL aim REEPbetween NORMAN A. MOSER
RESOURCES COMPANY recorded SEPTEMBER 30, 19071 in BOOS 1 asRECEPTIONuo.P2116116.
(Affects Parcel 21
The
[o2lowtag notices Nava peen recorded wlthlthe Clerk and Reeecder of tell
Coua01/
pursuant co Cris 9-1.5-1:7711. %hear Iset vmrats ds aaC define the e;att telarias of the uadcrground facilities and may as may net affect the subject property(
NOTICES BOOT RECEPTION NO.
A} MOUNTAIN BELL I' 949 1870T05
949 1871004
951 1872940
952 1974004
1041 1979784
1117 2056722
-4)
1288 2239296
Financing Statement from zee mos= AND BONS,; INC., AND .IORN R. 140BER, Debtor, to
BANK ONE GREBLBy, H.A., Secured Party, recorded APRIL 11, 1994 as PILING NO.
U256079.
SKLD LG SKI...10422 WE 2390326-1
r94.002
AR239D327
B 1443 RBC 02390327 05/25/94 16:33 $10.00 1/002
F 1417 MARY ANNA PEUERSTEIN CLERK & RECORDER wimp c0, CO
SPECIAL WARRANTY DEED
Parcel 1
01ATE 0050668190$ F90
Dale 5-.75-1-zi
s y�•cx7
THE FIRST NATIONAL BANK OF; 106000NT, a national banking
association, whose address is P. O.lBox 1159, Longmont, CO 80502-1159,
for the consideration of FOUR HUNDRED THOUSAND AND No/100THS DOLLARS
($400,000.00), in hand paid, hereby sells and conveys to JOHN R. MOSER
DOC FEE and ELLEN F. MOSER, as tenants in common, whose address is 12623 WCR
$40.00 $43, Hudson, CO 80642, the following real property in the County of
Weld, and State of Colorado, to wit:
PARCEL 1:
The NW1/4 of Section 26, Township 3 North, Range 65 West, of the
6th P.M.
TOGETHER WITH all ditch righ s, irrigation wells and domestic
wells, decrees, and other water rights, pumps, motors, pivots,
pipelines and other equipment associated well permits, and GASP
units appertaining thereto,
RESERVING unto the Grantor al oil, gas, and other hydrocarbons
appurtenant thereto and presently owned by the Grantor, and the
right to prospect for, drill rand remove the same, except those
rights reserved by surface owner in the original lease or
leases, which may allow the lessor or surface owner the existing
right to use and of purchase gel]. head gas, or any existing uses
of the well head gas on the property,
also known by street and number aJ farm land, Hudson, CO 80642,
and warrant the title to the same by, through and under the Grantor,
with all its appurtenances (IN THEIR PRESENT CONDITION, AS IS),
subject to existing easements ,for roads, ditches, utilities,
pipelines, gas lines, and electric lines; mineral reservations and
leases of record; government regulations; building and zoning
regulations; special taxing districts; 1994 general property taxes
which Grantees agree to pay; matters on Schedule A attached hereto,
and matters set forth in the contract not merged herein.
Signed this 24th day of May, 1994.
THE FIRST NATIONAL BANK OF LONGMONT, a
national banking association
By: bk ,t1 f LJs�+* ,
Herbert G. Balderston
I4!5.'M2(riottti, Cashier �,iee President
. 1,
STARE OF COLORADO )
) ss.
COUNTY OF BOULDER )
The foregoing instrument was, acknowledged before me this 24th
day of May, 1994, by Herbert G. Balderston, as Vice President, and Las
Mariotti, as Cashier, of The First National Bank of Longmont, a
national banking association.
:"!//,illness my hand and official seal.
'pammission expires: Oct• = 16, 1994
Natary
Ll
Public
SKLD LG SKL10422 WE 2390327-1994.001
B 1443 RBC 02390327
P 1418 05/25/9,4 1633 :10.00 CO
MAY A1YH PBUBRgTgiy CLSRR : RBCORDBR WELD CO, CO
SCHEDULE 'A
Right of way !or CDUlP!'Y AOADS 70 II lines as eatabliahtd by ORDEA feet wide on either slde of seetior. and township
recorded OCTOBER 14, 18139 in wog PP BOARD OP 73. -rr 'KT.' STONERS FAR WELD COUNTY,
86 at PAG,+'I277.
Right of way for THE NERES CANAL as evidence
Clerk i Recorder's Office, irl+ofar as the eanieby�Statement filed in G Parcel 1) y affect subject he Weld County
PrepertY• (AtZeeta
Right of way [or TNC 8E8E DRAW
Ceunty Clerk i 2ecordcrs 01:Z e,Ei Zr1 asllthedsame may aLfecteaubfectr
Y the Meld
(Affects Parcels 1 i2J
� property,
Right of Way For THE MIL70N LAKE RESERVOIR aslIevidenced by
County Clerk i Recoroer'a Oefiee, lnaofar as I StatemenC !lled 1a the pvld
(Affects Pareela'1 i 21 the same maL
a[[ect .object Property.
Right of way for PIPELINE
A DELAWARE CORPORATION b purposes as EA.min B
bceed.ed8001,, 677 at PAGE 139, eald
reservation being es follows;
a. Right of the propc. r of a vein oz lode,t exeracC and cearove his ore therefrom
should the same be found Co penetrate or Intersect the premise:,
b. Right of way for ditched and ca.. con. cted by the authority of the United
States.
(Affects Parcel 11 I
Reservation of 1/2 of all the mineral., in, on end uederlying the subject Property,
together with the right of ingress and egress thecae° and
developing the same as contained !n instrument therefrom for the purpose o!
M.A. recorded DE K160 from ECM RUTH HIJSMA i AND HERBERT A
,,EMBER 6, here f. BOOR 1601 at PAGE 700, and any iateresCa
assignments, or conveyances thereof. (AffecEa Parcel 11 tberel°'
011 and Gas Lease from NORMAN A. MASER AND 0 0898R8T0 8. 00008 to 0. 9. PACE, ree084.4
APRIL 21, 1970 co BOOK conveyances
as 'reOf.T70N H0. 545871, end aay interests tbereln,
assignments or conveyances thereof. Said Lease extended by "PI'''. OP "TP2ISION OP
OIL AND GAS LEASE recorded SfiPTEMBER LO, 1997 !a BOOK 1401 as RECEPTION NO. 2749877,
(Afleete Pazcel 1)
Aeaervatlon o[ all rents, li'
royaltiesand/orday rentals due or to Sseome due uadar
any and all oil, gas or minerai leases granted by grantors as contained !n inatraar�t
from NORMAN A. MOSER AKA HARMAN MOSER AND MARGUERITE E. MOSER AKA MARGUERITE ELIZABETH
MOSER AND AS ELIZABETH MOS. recorded MARCH 2'7, 1978 in BOOK 927 as RECEPTION NO,
1718517, and any interests therein, assigoments, or conveyances thereof. (Affects
Parcel l)
The following notlee. have been roeorded riIII the Clerk and
pursuant to CRT 9-1.5-107(1). These laatruuninte de not deLineethe�esaat geld %Ls'Or
the underground facilities and may or may ncl affect the subject °Caion of
NOTICES j propertpr
Al MOUNTAIN SELL BOOK RECEPTION NO.
B) VNTOH RURAL ELECTRIC (as Cv Parcele 1.7) 949 1670705
CJ CR£ELEY GAS COMPANY (as to Pecc!ls 1-4) 949 1971004
DJ PUBLIC SERVICE las to Parcels 1-4) 951 1873940
E) COLORADO INTERSTATE GAS 952 1E74064
P) PANHANDLE EASTERN PIPELINE (as to Parcel 1-4) 1117 979784
G) UNITED POWER, INC., PORMEPIM 058723
UNION RURAL ELECTRIC ASSOCIATION, INC.
(as to Parcels 1-4)
2239296
Pineneing Statement from WRS MOSER !! HANK ONR 00006 Y, N.A.. Secured ParAND 50199, 71fi., App 1, 1! R, MOsBat, Debtor• to
0256079. Y. rewrded APRIL 11, 1994 ee g,4:1'7.
SKLD LG SKL10422 WE 2390327-1
94.002
2432068 H-1485 P-327 03/30/95'01:32P PG 1 OF 3 REC DOC
Weld County CO Clerk k Recorder 15,00
Ait2442MA
c Quit Clain Deed .o
THIS GEED is a comayenca Nom the ndlvldual(s), corporallcrt
lndivl T:A or en 6:13/ ) named below as GRANTEE of whale
described below.
Tho GRANTOR hereby sells and quit claims to the GRANTEE the lee! property described belrnv with all Ss appurtenances.
The spoor.° leans of this deed are:
Grantor: (Givremeh)endpte et dre•Ide:;t:Newspouse of 1ow...venter to joining In lhie Deed to slew Mmeslwd right.
d•Mi, prmlae ee huW.nd andwas.) I..I
or other entity(les) Hamad below ss GRANTOR to the
Interest the GRANTOR may have In the Taal properly
GlMlee: (GNe PPR. and eddrau(ssj: okra. M of edtlress, intruding wool• reed or sheet number. Is nqulred.?
John R. Hoser and Ellen F. Moser
12623 Weld County Road 43
Hudson, CO 80642
FOrm of C'C'""fahlp: (M Ihere s e we er mete graMess umed. heyme will meeb• cone dared to lake m tenable In Common unfen
Ws words'in laim tenancy' a wads of lhs sarnkng are added in tine cp■oo below.)
Tenants in Common
Property Description: Seclude corm, sad.tate}
Parcel 1: The Southwest 1/4 of Section 261 Township 3 North. Range 65 West of
the 6th P.M., Weld County, Colorado,
Parcel 2: See Exhibit "A" Attached Hereto
Parcel 3: See Exhibit B Attached Hereto
Property address:
Reservations -Restrictions:
SI Me GRANTOR Intentls to res�vo any IMsn.t In rho proPw, a ro convey lac than he owns, or
e Ina GRANTOR is restdcting the GRANTEES righu in the proper,, make appropdale indkedon,)
l
Executed by the,, Omnta on . s
nelure Clause for IndMdualle,
• .61g8sWrs.,Glauea for Cerperaaen, Pastnerahlp a Aeaoclatlon: 9 W
NoStI S SONS, INC., A COLORADO CDRPozATLON ...tor
ear, Capers Eon. Partnership or Mow Wien
su' ° ,,;=°'sa•._ jay mtpr
:v 117, .� .iYi . b c.� Sea - ' ' u
Oren.
STATE OF r.0£OfM }ss.
COUNTY fJF Ys�{P"—^
WETNESS my hand eM gial e�N •'
My ice:, on eaplwa: 1J-..2/-
STATE OF yea,
CWNtt OF
'U
dsy of %%7,Q 18i'dig -9.s.
oNlyPabad, ..
dry of
1g
II ere e• preeid•M orvloa presltlerd rrd
(•name individud Gfarra(q or if Oramw u Corporation, Pannerahlp aAseoelatla+, Ihsn ItlentM eNn
sxretsry a u•iaanl eeoretW of eorpor.tion: a m prtnnula) d panne hip, a m aNhwized ntsmbar(�j d maeeiWon}
t===?'"'
Notary Pub.
wCTC
Onset UPDATE LEGAL FOR.
SKLD LG SKL10422 WE 2432068-1995.001
sal
2432068 8-1485 P-327 03/30/95 Ol:32PIPG 2 OF 3
EXHIBIT "A"
A TRACT OF LAND LOCATED IN THE SOUTHEAST QU RTER OF SECTION 27, TOWNSHIP 3 NORTH,
RANGE 65 WEST OF THE 6th:P;M., WELD COUNTY, (COLORADO AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST QUARTER CORNER OF SATE SECTION 27 AND CONSIDERING THE EAST
LINE OF SAID SOUTHEAST QUARTER TO BEAR SOUTR 00° 01' 26" EAST. WITH ALL OTHER BEAR-
INGS CONTAINED HEREIN RELATIVE THERETO;
THENCE SOUTH 00° 01'•26" EAST, 796.61 FEET ALONG SAID EAST LINE;
THENCE NORTH 34° 26' 46" WEST, 578.81 FEET;
THENCE: NORTH 532'27' 39" WEST, 340.15 FEET;
THENCE NORTH 24° 02' 14" EAST, 132:92 FEET 0 A POINT ON THE NORTH LINE OF SAID
SOUTHEAST QUARTER;
THENCE SOUTH 89° 30, 51EAST, 546.23 FEET ALONG SAID NORTH LINE TO THE EAST QUAR-
TER CORNER OF SAID SECTION AND THE POINT OFIBEGINNING;
SAID TRACT OF.LAND CONTAINS 5.5177 ACRES, MAQRE OR LESS, AND IS SUBJECT TO ANY
RIGHTS -OF -WAY OR OTHER EASEMENTS AS GRANTED R RESERVED BY INSTRUMENTS OF RECORD
OR AS NOW EXISTING ON SAID TRACT OF LAND.
SKLD LG SKL10422 WE 2432068-1
95.002
2432068 0-1485 P-327 03/30/95 01:32P
E.Y1:IBIJ
3 OF 3
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 3 NORTH,
RANGE 65 WEST OF THE 6th P.N., WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 27. AND CONSIDERING THE EAST
LINE OF SAID SOUTHEAST QUARTER TO BEAR SOUTH 00° 01' 26" EAST, WITH ALL OTHER
BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE NORTH 89° 16' 14" WEST, 64.34 FEET /LONG THE SOUTH LINE OF SAID SECTION
27 AND AN EXISTING CORRAL FENCE;
THENCE NORTH 00° O1' 26" WEST, 161.07 FEET:CONTINUING ALONG SAID FENCE;
THENCE NORTH 88° 42''58" EAST, 64.35 FEET CONTINUING ALONG SAID FENCE TO A POINT
ON THE EAST LINE OF SAID SOUTHEAST QUARTER:
THENCE SOUTH 00° 01' 26" EAST, 163.33 ALONG SAID EAST LINE TO THE SOUTHEAST CORNER
OF SAID SECTION 27 AND THE POINT OF BEGINNIIiG;
SAID TRACT OF LAND CONTAINS 0.2396 ACRES (10,435 SF), MORE OR LESS, AND IS SUBJECT
TO ANY RIGHTS -OF -WAY OR OTHER EASEMENTS AS GRANTED OR RESERVED BY INSTRUMENTS OF
RECORD OR AS NOW EXISTING ON SAID TRACT OF LAND.
SALT LG SKL10422 WE 2432068-195.003
AR2432437' , na
RmeptionNa-2432Ig B -148S P-696 04/03/95 (2:56P PO 1 OF
Weld County CO Clerk & Recorder
QUITCLAIM DEED
THIS DEED, Made this 8 th day of March
hemmers John R. Moser and Ellen F. Moser
,1995
of the 'County of Weld and State of
Colorado. grantor., and Jahn R. Moser and Ellen F. Moser
whose tcpt address is 2623 WQ2 /i43
Hudson, CO 80642
of she County of Weld
REC DOC
5,00
and State of Colorado, grantee, .
WITNESSEiH, That the grantorfs), for and in consideration of the sum of
Ten (E10.00) Dollars
the receipt and suffseieticy of which is hereby acknowledged, have remised, released, sold and QUITCLAIMED. and by
tame presents do remise, release, seU and QUITCLAIM u to the grameds), their heirs, successor and asiigns,
forever, all the right, title, interest, claim and demand which the graotor(s) ha ve in and to the real property, together cosh
iatfirmaments, if any. situate, lying and being in the I County of Weld and State o[
Colorado described as follows:
Parcel 1:
The NjNWt of Section 26, Township 3 Korth, Range 65 West, of the 6th P.M.
Parcel 2:
The Si.*of Section 26, Township 3 North, Range 65 West, of the 6th P.M.
also imam by stmt and numberas:
assessor i schedule or parcel number:
TO HAVE AND TO HOLD the some, together with all and singular the appurtenances and privileges thereunto belonging or in
anywise thereunto appertaining, and soli the estate, right, title, interest and claim whatsoever, of the gsaatods), either in law or equity.
to the only proper use, benefit and beboof of the sranseels) their hews and assigns forever.
IN W Hj;::66
ds) eansdthisdathetesetforthrn
Ellen F. Moser .
STATE OF COLORADO.
Coma, of Weld
The foregoing instrument was acknowledged before me this 30th day of
by JOHN R. MOSER AND ELLEN F. MOSER
My commission expires
August 20, 1995
•If in Denver, insert "City and",
March ,1995 .
No. 977. Raa 4.94. QUrrcGn r DEED
D.A. T4teN.4 trey w..!L o...v.c amm—,w)t:m3sro—.0.
SKLD LG SKL10422 WE 2432437-1 95.001
- -.. I -,..... _
AH2Yl47SS Warranty Deed
1TiLS DEED is a eonvryartw of the r:al progeny dpec3ed belowll vuluJing any improvemaus sod gher appurtenances (tAe
'property: from the Indfvidual(s), eorponnoa(s), pannenhip(s), or o er emit ng tamed below a: GRANTOR to the (n in,, tnl(s)
or enriry�es) totted below as GRANTEE.
The GRANTOR hereby tells and conveys dtc progeny , , GRANTEE and the GRANTOR T;i doe tick to the properq, ezcept
for (1) the lien of Ne gcaeral property uses for tic ycu of this deed, wlrieA tic GRANTS$ will qy Q) any eau cots and rlghwof-
way shown of trn:oed (7) any patent teservatiwas and eaeeptions (411a - ..
prorectirecovettarAs77arastr dons abowo o/raxord (d)aoy addi�onalm
and (y) nnbjett to building and zoning regulations.
D.F.
520.00 T7re spedlie Terms or TAis Deed Arc.
Gnnalar: (Gl+e maafs) M plaeo(s) d rnmexr, it rAe ttbua of Ure awoa-gantor
hoo. and wino
10HN R. MOSER AND ELLEN F. MOSER
2434755 B-1488 P-225 04/19/95 01:27P PG 1 OF 2
Weld County CO Clerk 8 Record,
Grweer (Ogre wn(s) and elntalal. sooam of userat, !eluding ...el or roes mmec.)
OARY L. BRUCE AND HOLLY H. BRUCE II
Perm et Ce-Owoanbtp: (1! mac are two m rro.e panto nrond, tl.y
JOINT TENANTS eraay' er wardr of u e tame nra uq stead
Property Deserlpdon then,ds wanly and stae7
SEE ATTACHED EXHIBIT A
u jan'nK is Nu Dmd m re'"'" hruratad righn, landfy pamar
REC DOC
10.00 20.00
I % atuidree m rate n IetWra lo coeewo unl r me wwdt 'ia y)ta
in uw rpra Mar.)
Property Address: APP. 163 AC OFF WCR 30 WELD COUNTY CO
Cooslderatloe: tlkgguranm n of a mWw r amn la agioml, wkgtnte amideratition for the. pr dad we1 k auad umaa aAk am ." u IdeaifN
TWO HUNDRED THOUSA r AND O rOOO �aobr. ! d a m tircuwidoer.)
ReserWtom RnlrterlwN: (11 the GRANTOR �rauda b man s•Y burn Ott Ihr property or to b cos ana h cams or it me GRANTOR a
rear G.1M GRANTEES. in the popmy mate t7praprure iodiutedl
GRANTOR RESERVES ALL MINERAL RIGHTS
Adagio.] tNamaty Faeepliotw:
Ettccuted by me Gnemr on APRIL 1 g, 1995
9yutue ter CorporWo., PaMertiiy or Aaaoladoot
Name at Grantor: Corporation, Putiezthip oe Associmioa
Dy
ay
ARcrC
for badiridiao1 :
Ij
El., F. MOSER Grimm
COSTATE tr COLORWELD ADO )
f1N1Y OF )
Thr fdregaing (nswA ANmem au ti before m: this 18th y of APRIL. 1995
ey lO7LY A MOSED FI r aN F. acknowledge
WITNESS trry band one oRcol seal
Mr commWto. e:pirm: MAY 28, 1997
STATE 7T ) . 1221 8TH A GREELEY, CO:
COUNTY OF
The (tmaoina instrument was acknowkdRed before me this dot of
Cana irdiridual Granrorp7 a i/ Onmor u Cbrporaion, ParttwltiD or Auociarn, deo id:miry sisrrn n pruieenn or .ice prniaem and tacretary
or =791 tarrary e! wrpaarien; or n parurr(s) of 1;r8 tip; or a autlmiie0 rwriber(q of auocinion.)
WiiNES5 roy hod and o1RcW ud.
My enmmWNa esplrtr.
ty 1981 UPDATE LEGAL FORMS
_.SKLD LG SKL10422 WE 2434755-1195.001
Nafary Pablie
WCTC No. 201-L
EXHIBIT A TO
ARRAiTY DEED
DATED: APRIL 18, 1995
GRANTOR: JOHN R. MOSER AND ELLEN F. MOSER
GRANTEE: GAPX L. BRDCE AND HOLLY H. BRUCE
A tract of land located in the West 1/2 of Section 26, and the East 1/2 of
Section 27, Township 3 North, Range 65 lest of the 6th P.M., Weld County,
Colorado, which is more particularly de cribed as follows:
Seginniag at the SW Corner of Section 2fi (also being she SE Corner of Seetion
271 and &onsideeing the South line o£ a id west 1/2 of said Seetion 26 to bear
North a9 44'30" west, with all other bearings contained herein relative
thereto;
Thence North 69°16'14" West, 64.34 feet along the South lire of said Section
27 and an exlst�rg corral fence;
Thence North OD 01.26" Wost, 161.07 fee continuing along said fence;
Thence North 88°42.58• East, 64.35 feet continuing along said fence to a point
on the East line of the S3 1/4 of said ection 27;
Thence North 00001'26" west, 1704.6 fe4G along said Bast line to a point,
from which the East 1/a Comer of Secti n 27 (also the west 1/4 Corner of
Section 26) beads North 00 01'26" West, 1796.61 feet;
Thence North 34.26'46" west, 578.81 fee ,
Thence North 53°27.39" West, 340.15 feet:
Thence North 24°02.14" East, 245.38 feed;
Thence North 36°38'44• Eaat, 3430.86 feel'•
Thence North J9a4D'57• Eest, 05.2]
Thence South 42 06'33• East, 185.22 feet•
Thence South 88051'24• East, 13x.05 faet�
Thence South 38022'53" East, 81.14 feet;
Thence South 01°36'07" East, 415.4 feet to a poine on the North line of the
SW 1/4 of said Section 26 froo which point the West 1/4 corner of said Section
26 bear. North s9 10'32" West, 216.18 feet;
Thence South 69010'32" East, 216.61 feet along the North line of the SW 1/4 of
said Section 26•
Thence South 54054'42" East, 544.51 feet,
Thence North 86°36.52" East, 968.69 feet',
Thence North 62.09'43" East, 561.27 feet to a point on the North line of the
SW 1/4 of said Section 26;
Thence South 89010'32" East, 306.96 feet along said North line to the center
of said Section 26;
Thence South o0°52.37" West, 2638.08 fee along the East line of the SW 1/4 of
said Section 260 t0 the South 1/4 Cornerof said Section 26;
Thence North 89 44'30" West, 2610.48 feet along the South line of said SW 1/4
to the point of beginning.
2434755 B-1488 9-225 04/19/95 01:27
SKLD LG SKL10422 WE 2434755-1
PG 2 OF 2
95.002
�nn��r �irriii rig uaii� r�rri �ur� iii rriu �1ri ini
276219IL 3 04118/2000 01:26P JA Sukl Tsukamoto
1 0l 2 R10.00 D 30.00 Weld County CO
393 WARRANT DEED
THIS DEED, Made this 5th da o_
Cary L, Bruce nrd Holly H. Bruca� April, 2000 between
of the County o! weld and
State o_' Colorado, grantor, and
STRCMO.
LLC, a Colorado limited liability company ^�f Q
whose legal address is G G OU a0.1-1. S — /% 6,ee ceyj `o r.. eoc,3q
WITHSSSSTH That the ggrantor !or aad in consiQeratloo o! the sum of THRSH HIJNDR107
TEOOSAND AHD 00/100, (5300,000.00) Dollars, thn receipt aad sudtieieacy o! at is
dereby aeknorledgad, has granted, bargained, ebld and coaveyad, aad by th.ee presents
does grant, bargala, sell, convey and canilsm unto the grantee, hie baize and aseigas
forwer, all tba real property, together wlth�improvamanes, if any, aituate,lying and
befog is the County of Neld aad Stets o! Collado, described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
also known by street and number as 21970 WeldlCcunty Road #30, Hudson, Colorado 80642
TOOSr86R with all aad singular the haraditass�at■ aad appurtenances thereto
belonging, or la anywias appeztaiaing and the ieveralon aad revaraiona, reminder and
reoaiadere, teats, issues and profits theraol,'aad all the •state, riht, title,
iateru t, 2sim aad demand whatsaaver of the gie tor, either in law or equity, of in
and to tFts above bargained premises, with the heredltameat• and eppurtanaacea.
TO HAVE AH7 70 HOLD the said premises above 6argalaed and described, with the
appurtenances, unto the grantee, his beige aadTaeslgas forever. And she grantor, for
himself, hie heirs and personal zepreaeatatives, does ovenant, great, bargain, and
agree to aad with the grantee, his heirs aad a"seigns that at the time of the
easealing end delivery o! these Dzesents, he Se well wised of the premleea above
coaveyad, has good, aura, perfect, absolute aad indefeasible estate oP lnhesitance, in
law, in fee simple, and has good right, lull power and law[ul authority t0 grant,
bargain, sell and Convey the soma Sa manner end loan ae aforeu id, and that the •ems
are free and clear from a12 dormer and other grants, basgaims, sales, liana, taxes,
assesamante, eaeambraace■ and raetrictioas o! whatnvar kind or nature soevar, except
general taxes for 2000 and subsequent years; except easements,
covenants, conditions, reservations and rights o! way of recur
The grantor shall till
Vti$RFEgDTintripta
omisesthe quiet aad peaceion o! the grantee, harsigae, agalaetpeiewhf,Theiagnre the plural, the plural thend the us• of any
geadar ■hall b• applieheig to all genders.
IN wITNI[33 4PEYIlYOF the grantor has executed ;hi■ deed on the data set forth above.
STATE OF COLORADO
Fi�llyo H. i3ruct
} ss. The foregoing instrument was acknowledged before
County of Weld } me this 5th day of April, 2000
by Gary L. Bruce and Holly H. Bruce
No. 932A. Re
SKLD
Witness my hand and official seal.
My casion expires November 15, 2001
OT.
PUBLIC
1295 Main St.
Windor, COLORADO 80550
SKL10422 WE 2762393-2000.001
111111111(1111111! III 11111111111111111 ��� 11111 lit illl
2702393 O1 2000 0126P JA Sukl Tsukamoto
2 of 2 R 10.00 030.00 Weld County CO
"EXHIBIT A"
LEGAL DESCRIPTION
A tract of land located in the W1/2 off Section 26, and the E1/2 of
Section 27, Township 3 North, Range 65 west of the 6th P.M., County of
Weld, State of Colorado, which is more particularly described as
follows:
Beginning at the Southwest corner of Section 26 (also being the
Southeast corner of Section 27) and considering the South line of said
W1/2 of said Section 26 to bear North 89 degrees 44 minutes 30 seconds
West, with all other bearings contained herein relative thereto;
thence North 89 degrees 16 minutes 14 seconds West, 64.34 feet along
the South line of said Section 27 and an existing corral fence;
thence North 00 degrees 01 minutes 26 seconds West, 161.07 feet
continuing along said fence;
thence North 88 degrees 42 minutes 58 seconds East, 64.35 feet
continuing along said fence to a point on the East line of the SE1/4 of
said Section 27;
thence North 00 degrees 01 minutes 26 seconds West, 1704.16 feet along
said East line to a point, from which the East Quarter corner of
Section 27 (also the West Quarter corner of Section 26) bears North 00
degrees 01 minutes 26 seconds West, 796.61 feet;
thence North 34 degrees 26 minutes 461seconds West, 578.81 feet;
thence North 53 degrees 27 minutes 39 seconds West, 340.15 feet;
thence North 24 degrees 02 minutes 14 seconds East, 245.38 feet;
thence North 36 degrees 38 minutes 44 seconds East, 340.86 feet;
thence North 39 degrees 40 minutes 57 seconds East, 305.23 feet;
thence South 42 degrees 06 minutes 33 seconds East, 185.22 feet;
thence South 88 degrees 51 minutes 24 seconds East, 134.05 feet;
thence South 38 degrees 22 minutes 53 seconds East, 81.14 feet;
thence South 01 degrees 36 minutes 07 seconds East, 415.34 feet to a
point on the North line of the SW1/4 pf said Section 26 from which
point the West Quarter corner of said'Section 26 bears•North 89 degrees
10 minutes 32 seconds West, 218.18 feet;
thence South 89 degrees 10 minutes 32 seconds East, 216.61 feet along
the North line of the SW1/4 of said Section 26;
thence South 54 degrees 54 minutes 42 seconds East, 544.51 feet;
thence North 88 degrees 36 minutes 52 seconds East, 968.69 feet;
thence North 62 degrees 09 minutes 43 seconds East, 561.27 feet to a
point on the North line of the SW1/4 5 said Section 26;
thence South 89 degrees 10 minutes 32 seconds East, 306.96 feet along
said North line to the center of said Section 26;
thence South 00 degrees 52 minutes 37 seconds West, 2638.08 feet along
the East line of the SW1/4 of said 26 to the South Quarter corner of
said Section 26;
thence North 89 degrees 44 minutes 30 seconds West, 2610.48 feet along
the South line of said SW1/4 to the Point of Beginning.
TOGETHER WITH ar. easement for access
centerline of which begins at a point
corner of said Section 27;
thence South 08 degrees 33 minutes 53
thence South 00 degrees 20 minutes 34
thence South 18 degrees 32 minutes 11
parcel above described.
urposes 30 feet in width, the
79.33 feet West of the Northeast
seconds East 587.33 feet;
seconds East 1269.97 fet;
seconds West 239.84 feet to the
SKLD LG SKL10422 WE 2762393-2000.002
1111111111111111111111111111111111111111111111111111111
973529 07!31/2002 02:04P Weld Caunry, CO
529 1 of 2 R 111.110 D 0.00 J.A. "Sukl" Teukamoto
QUITCLAIM DEED
THIS DEED, Made this 31" day of luty 2002, between
STROM°, LLC, a Colorado Limited Liability Company
of the County of Weld and State of Colorado, grantor, and
JOHN R. MOSER and ELLEN F. MOSER
whose icgal address is 6600 West 20. Street 011, Greeley, CO
of aho County of Weld and State of Colorado, grantee:
0634
WITNESSETH, That the grantor for and in consideration of the sum of
Ten and No1100 (510.00)------ DOLLARS.
the receipt and sufficiency of which is hereby acknowledged. have remised, released, sold and QUITCLAJMED, and by
these presents do remise, release, seU and QUITCLALM unto the granta(s), their heirs, successors and assigns forever,
all the right, tide, interest, claim and demand which the grantors) have in and to the real property, together with
improvements, ice, situate, lying and being in the County of Veld and State of Colorado, described as follows:
SEE EXHIB1T "A" ATTACHED HERETO AND MADE A PART OF
as l town by street and number as: 21970 Weld County Road 3! Hudson, Colorado 80642
assessor's schedule or parcel number:
TO HAVE AND TO HOLD the same, together with alt and singular the appurtenances and privileges thereunto
belonging, or in anywise thereunto appertaining, and all the Tstate, fight, title, interest and claim whatsoever of the
grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantees) their heirs and assigns
forever.
IN WITNESS WHEREOF, the grantor(s) have executed deed on the date set forth above.
Shoran LLC, a Colorado Limited Liability Company
John R Moser
STATE OF COLORADO
}Ss.
County of Weld
B Roland J. Strobel
The foregoing insemmcnt was admowledgcd before me this
By Sohn R. Moser and Roland 1. Strobel.
• Whae ppliablr" i.as'Ciy .W'
31st day of )arty 2002,
Witness my hand and ffictal seat.
hey commission expires
Jayne A Howard, Notary Public
N.... 4 nee.. of p.+m Get.' r:..y e1..t.a ley! ouQaA is raas4tus.s, CAas.)
SOLD LG SKL1O422 WE 2973529-2002.001
1111111 1111 1111111 11111 11111 111111111III 1111111 1111
2973529 07/31/2002 02:04P Weld County, CO
2 at 2 8 10.00 0 0.00 J.A. "Suki" Tsukamoto
EXHIBIT "A"
LEGAL DESCRIPTION
A tract of land located in the WI/2 Of Section 26, and the EI/2 of Section 27, Township 3 North, Range
65 West of the 6th P.M., County of Weld, State of Colorado, which is more particularly described as
follows:
Beginning at the Southwest comer of section 26 (also being the Southeast corner of Section 27) and
considering the South line of said WI/2 of said Section 26 to bear North 89 degrees 44 minutes 30
seconds West, with all other bearings contained herein relative thereto; thence North 89 degrees 16
minutes 14 seconds West, 64.34 feet alongthe South line of said Section 27 and an existing corral fence;
thence North 00 degrees 01 minutes 26 seconds West, 161.07 feet continuing along said fence;
thence North 88 degrees 42 minutes 58 seconds East, 64-35 feet continuing along said fence to a point
on the East line of the SE1/4 of said Sectil 27;
thence North 00 degrees 01 minutes 26 Seconds West, 1704.16 feet along said East line to a point, from
which the east Quarter corner of Section 27 (also the West Quarter corner of Section 26) bears North 00
degrees 01 minutes 26 seconds West, 796.11 feet;
thence North 34 degrees 26 minutes 49 seconds West, 578-81 feet;
thence North 53 degrees 27 minutes 39 seconds West, 340.15 feet;
thence North 24 degrees 02 minutes 14 seconds East, 245.38 feet;
thence North 36 degrees 38 minutes 44 seconds East, 340.86 feet;
thence North 39 degrees 40 minutes 57 seconds East, 305.23 feet;
thence South 42 degrees 06 minutes 33 seconds East, 185.22 feet;
thence South 88 degrees 51 minutes 24 seconds East, 134.05 feet;
thence South 38 degrees 22 minutes 53 seconds East, 81.14 feet;
thence South 01 degrees 36 minutes 07 seconds East, 415.34 feet to a point on the North line of the
SWl/4 of said Section 26 from which pol the west Quarter corner of said Section 26 bears North 89
degrees 10 Minutes 32 seconds West, 218118 feet; the North line of the SWI/4 of
thence South 89 degrees 10 minutes 32 seconds East, 216.61 feet along
said Section 26; If
thence South 54 degrees 54 minutes 42 seconds East, 544.51 feet;
thence North 88 degrees 36 minutes 52 seconds East, 968.69 feet;
thence North 62 degrees 09 minutes 43 seconds East, 561.27 feet to a point on the North line of the
SW1/4 of said Section 26;
thence South 89 degrees 10 minutes 32 s nds East, 306.96 feet along said North line to the center of
said Section 26;
thence South 00 degrees 52 minutes 37 seconds West, 2638.08 feet along the East line of the SW 1/4 of
said 26, to the South Quarter comer of said Section 26;
thense North 89 degrees 44 minutes 30 seconds West, 2610.49 feet along the South line of said SWIM to
the Point of Beginning.
TOGETHER WITH an easement for access purposes 30 feet in width, the centerline of which begins at a
point 79.33 feet West of the Northeast coiner of said Section 27;
thence South 09 degrees 33 minutes 53 seconds East 587.33 feet;
thence South 00 degrees 20 minutes 34 seconds East 1269.97 feet;
thence South 18 degrees 32 minutes 11 seconds West 239.84 feet to the parcel above described.
SKLD LG SKL10422 WE 2973529-2002.002
1I11111IIIII11III11111111111IIII11IIU1 IIIIIIIIIIIIHI
• 33813 MCl/2006 04:33P Weld County, CO
1 of 2 R 11.00 O OM Steve Moreno Clerk 6 Recorder
QUIT CLAI
THIS DEED, Made this 6° day of December 2005,
Between John R. Moser and Ellen F. Moser
of the County of Weld and State of Colorado , grantor,
and RF Holdings, LLC
whose legal address is 8394 highway 85, Fort Lupton, CO 80621
of the County of Weld and State of Colorado , grantee:
DEED
WITNESSETH, That the grantor for and in consideration of tha sum of Teo and no/100 dollars ($10.00)
the receipt and sufficiency of which is hereby acknowledged, havese�mised, released, sold and QUITCLAIMED, and by these
presents do remise, release, sell and QUITCLAIM unto the grantee(s), their heirs, successors and assigns forever, all. right,
title, interest, claim and demand which the grantor(a) have Mend to the real property, together with improvements, if my,
situate, lying and being in the County of Weld and State of Colorado, described as follows:
SEE ATTACHED 'EXHIBIT A'
as known by street and number as:
assessors schedule or parcel number:
TO HAVE AND TO HOLD tire same, together with all and singular the appurtenances and privileges thereunto
belonging, or in anywise thereanm appertaining, and all the estate, fight, title, interest and claim whatsoever of the grantor(s),
either in law or equity, to the only proper use, benefit and behoof of the granta(s) their heirs and assigns forever.
LN WITNESS WHEREOF, the grantor(s) have executed this deed on the date set forth above.
loser
STATE OF COLORADO
County of Weld
ss.
)
Eger ~. Moser
The foregoing instrument was acknowledged before me this 30
ZBB5; ZOO&
By John R. Moser and Ellen F. Moser.
day of Maki&
Witness my hand and official seal
My commission expires: 0 L I d 41 Z010
O‘d>�
Notary Pub
SKLD LG SKL10422 WE 3383813-206.001
HIM 111111111III IIIIHI IIII IIIIIII1111111111111111
3383813 0510112006 04:33P Weld County, CO
2 of 2 R 11.00 0 0.00 Steve Moreno Clerk d� Recorder
EXHIBIT
'A"
SKLD LG SKL1O422 WE 3383813-2006.002
i
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR12-0062, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY
USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE
DISTRICTS (MANUFACTURING, FABRICATION AND PAINTING OF OIL AND GAS
AND AGRICULTURAL EQUIPMENT) 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 — RF HOLDINGS, 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 16th day
of January, 2013, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of RF Holdings, LLC, 8394 U.S. Highway 85, Fort Lupton, Colorado
80621, for a Site Specific Development Plan and Use by Special Review Permit, USR12-0062,
for a Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (manufacturing, fabrication and painting of oil and gas
and agricultural equipment) 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, RECX12-0097,
being part of the W1/2 of Section 26, and part of
the E1/2 of Section 27, all in Township 3 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Tim Naylor,
AGPROfessionals, LLC, 4350 Highway 66, Longmont. Colorado 80504, 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 applicant 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 applicant has
shown compliance with Section 23-2-230.0 of the Weld County Code as follows:
co)APP(.
2013-0144
PL2203
SPECIAL REVIEW PERMIT (USR12-0062) - RP HOLDINGS, LLC
PAGE 2
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.
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."
2) Section 22-2-20.1 (A.Goal 9) states: "Reduce potential conflicts
between varying land uses in the conversion of traditional
agricultural lands to other land uses."
3) Section 22-2-20.1.3 (A.Policy 9.3) states: "Consider mitigation
techniques to address incompatibility issues. Encourage
techniques and incentives, such as, but not limited, to clustered
development and building envelopes, to minimize impacts on
surrounding agricultural land."
4) Section 22-2-100.A.2 (OG.Policy 1.2) states: "Oil and gas support
facilities which do not rely on geology for locations should locate in
commercial and industrial areas, when possible, and should be
subject to review in accordance with the appropriate sections of
this Code." The site is located 1/2 mile south of County Road
(CR) 30 and approximately 1/2 mile from the nearest single family
resident. A Lighting Plan is required as a Condition of Approval of
this application. Additionally, several Development Standards are
proposed (such as requiring the applicant to adhere to county
noise requirements) to ensure compatibility with existing
surrounding land uses.
B. Section 23-2-230.8.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.S of the Weld County
Code allows for a Use permitted as a Use by Right, Accessory Use, or
Use by Special Review in the Commercial or Industrial Zone Districts,
provided that the property is not a Lot in an approved or recorded
subdivision plat or lots parts of a map or plan filed prior to adoption of any
regulations controlling subdivisions as a Use by Special Review in the
A (Agricultural) Zone District.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The proposed use is
located in a rural area adjacent to an existing composting facility to the
south, permitted under AMUSR-1276. The nearest residence is located
approximately 1/2 mile from the site. No phone calls, a -mails or
correspondence has been received from surrounding property owners in
regards to this case. However, this application is to address a citizen
initiated zoning complaint (COMP12-00108) for not having the necessary
2013-0144
PL2203
SPECIAL REVIEW PERMIT (USR12-0062) - RF HOLDINGS, LLC
PAGE 3
land use permits before operating a commercial business. A Lighting
Plan is required as a Condition of Approval for this application.
Additionally, several Development Standards are proposed (such as
requiring the applicant to adhere to county noise requirements) to ensure
compatibility with existing surrounding land uses.
D. Section 23-2-230.B.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. This site is not located within a three-mile referral area of
any municipally, nor is it located within any existing Intergovernmental
Agreement (IGA) Area of a municipality.
E. Section 23-2-230.6.5 — The application complies with Chapter 23,
Article V, of the Weld County Code. Effective April 25, 2011, building
permits issued on the property will be required to adhere to the fee
structure of the County -Wide Road Impact Fee Program. Effective
April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the County Facility Fee and Drainage
Impact Fee Programs.
F. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. The site is identified as "Irrigated Non Prime" and "Other"
according to the Prime and Important Farmlands Map of Larimer and
Weld Counties.
G. Section 23-2-230.B.7 — There are adequate provisions for the protection
of the health, safety, and welfare of the inhabitants of the neighborhood
and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of RF Holdings, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR12-0062, for a Use permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (manufacturing, fabrication and painting of oil and gas and agricultural equipment)
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 applicant shall address the requirements or concerns of the Weld
County Department of Building Inspection, as stated in the referral
response dated September 29, 2012. The applicant shall submit a
2013-0144
PL2203
SPECIAL REVIEW PERMIT (USR12-0062) - RF HOLDINGS, LLC
PAGE 4
complete change of use Building Permit Application for buildings utilized
in conjunction with the business (including the on -site modular
residence/office). Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
B. The applicant shall submit evidence of an Air Pollution Emission Notice
(A.P.E. N.) and Emissions Permit Application from the Air Pollution Control
Division (APCD), Colorado Department of Public Health and
Environment, if applicable. Alternately, the applicant may provide
evidence from the APCD that they are not subject to these requirements.
C. In the event washing of vehicles and equipment will occur on the site, the
applicant shall ensure that any vehicle and equipment washing area(s)
shall capture all effluent and prevent discharges from the washing
vehicles and equipment in accordance with the rules and regulations of
the Water Quality Control Commission, and the Environmental Protection
Agency. Vehicle and equipment washing areas should be designated on
the plat.
D. The applicant shall submit an updated Waste Handling Plan, for approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. The Waste Handling Plan
shall include procedures for cleanup and disposal of spilled paints,
solvents and other hazardous materials. Include storage, removal and
disposal or recycling of any scrap metal or scrap equipment parts, along
with the waste handlers and disposal or recycling facilities for scrap metal
and scrap parts.
E. The applicant shall provide the Department of Planning Services with a
Lighting Plan, for review and approval.
F. A Sign Plan (if any signs are proposed) shall be submitted, for review and
approval, by the Department of Planning Services. Signs shall adhere to
the requirements of Chapter 23 of the Weld County Code.
G. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0062.
2) The attached Development Standards.
3) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas. Areas used for storage or trash
collection shall be screened from adjacent properties and public
2013-0144
PL2203
SPECIAL REVIEW PERMIT (USR12-0062) - RF HOLDINGS, LLC
PAGE 5
rights -of -way. These areas shall be designed and used in a
manner that will prevent trash from being scattered by wind or
animals.
5) Identify the location of outdoor storage of equipment, raw materials
and finished materials associated with the business.
6) The easement or right-of-way for access to the property shall be
identified on the plat with the recording number and date.
7) The applicant is indicating that the site will be bermed to contain
runoff. The appliance shall show and label this area as a water
quality capture feature (WQCF).
8) The applicant shall show the approved access on the plat and
label it with the approved access permit number (AP#12-00351).
9) The plat shall delineate the approved Lighting Plan.
10) The approved Sign Plan (if applicable).
11) The off-street parking spaces, including the access drive, shall be
surfaced with gravel, asphalt, concrete or the equivalent and shall
be graded to prevent drainage problems.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
three (3) paper copies of the plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the paper copies, the
applicant 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 applicant shall be responsible for paying
the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approve 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 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 CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MOB). The preferred format for Images is .tif
2013-0144
PL2203
SPECIAL REVIEW PERMIT (USR12-0062) - RF HOLDINGS, LLC
PAGE 6
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
5. Prior to the issuance of the Certificate of Occupancy:
A. An Individual Sewage Disposal System (I.S.D.S.) is required for the
proposed facility and shall be installed according to the Weld County
I.S.D.S. Regulations.
B. The septic system is required to be designed by a Colorado registered
professional engineer, according to the Weld County I.S.D.S.
Regulations.
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
is ready to be recorded in the office of the Weld County Clerk and Recorder.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of January, A.D., 2013.
ATTEST:
Weld County Cle to the Board
BY:
Deputy Cle
APPD AS
County Attorney
Date of signetureFEB 2 6 2013
BOARD OF
WELD CO
9
Ith F. Garcia, Chair
Dou
gl� Radem cher, Pro Tem
can P. Conway
ike Freemr
Barbara Kirkmeye
OUNTY COMMISSIONERS
Y, COLORADO
2013-0144
PL2203
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
RF HOLDINGS, LLC
USR12-0068
1. A Site Specific Development Plan and Use by Special Review Permit, USR12-0062, is
for a Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (manufacturing, fabrication and painting of oil
and gas and agricultural equipment) 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.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The number of on -site employees shall be limited to nineteen (19), as stated in the
application materials.
4. The hours of operations shall be limited to 6:00 a.m. - 7:00 p.m., Monday thru Saturday,
as stated in the application materials.
5. 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.
6. 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.
7 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 applicant shall operate in accordance with the approved Waste Handling
Plan, at all times.
8. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The
facility shall be operated in accordance with the approved Dust Abatement Plan, at all
times.
9. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District, as delineated in Section 14-9-30 of the Weld County Code.
10. Any vehicle or equipment washing areas shall capture all effluent and prevent
discharges, in accordance with the rules and regulations of the Water Quality Control
Commission, and the Environmental Protection Agency.
11. All potentially hazardous chemicals must be handled in a safe manner in accordance
with product labeling, and in a manner that minimizes the release of hazardous air
pollutants (HAP's) and volatile organic compounds (VOC's). All chemicals must be
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stored secure, on an impervious surface, and in accordance with manufacturer's
recommendations.
12. Adequate drinking, hand washing and toilet facilities shall be provided for employees
and patrons of the facility, at all times.
13. Sewage disposal for the facility shall be by septic system. Any septic system located on
the property must comply with all provisions of the Weld County Code, pertaining to
Individual Sewage Disposal Systems.
14. This application is proposing a well as its source of water.
15. In the event the facility's water system serves more than 25 persons on a daily basis, the
water system shall comply with the Colorado Primary Drinking Water Regulations
(5CCR 1003-1). Evidence shall be provided to the Weld County Department of Public
Health and Environment that the system complies with the regulations.
16. The operation shall comply with the Occupational Safety and Health Act (OSHA).
17. Buildings and structures shall conform to the requirements of the various codes adopted
at the time of permit application. Currently, the following have been adopted by Weld
County: 2012 International Building Code, 2012 international Mechanical Code, 2012
International Plumbing Code, 2006 International Energy Code, 2012 Intemational Fuel
Gas Code, 2011 National Electrical Code, 2003 ANSI 117.1 Accessibility Code, and
Chapter 29 of the Weld County Code.
18. A building permit may be required for any new construction, alteration, or addition to any
buildings or structures on the property. It is required that a Code Analysis be done on
the project by a design professional with experience in this area. A Building Permit
Application must be completed and two (2) complete sets of engineered plans, including
Engineered Foundation Plans bearing the wet stamp of a Colorado registered architect
or engineer, must be submitted for review. A Geotechnical Engineering Report
performed by a registered Colorado engineer shall be required or an Open Hole
Inspection.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. Effective April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the County -Wide Road impact Fee Program.
21. Effective April 25, 2011, building permits issued on the property will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
22. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
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23. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
24. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any
light 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. The lighting on the site shall be maintained in accordance with the approved Lighting
Plan.
26. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, 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 right-of-way or easement shall be a graded and drained road to provide an
all-weather access.
29. 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.
30. 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.
31. 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 plat and recognized at all times.
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