HomeMy WebLinkAbout20242174.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION, VAC24-0018, OF TWO -PARCEL SUBDIVISION
EXEMPTION, SE -481, FOR REMOVAL OF PARCEL B - LEGENDARY LAND
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 November 16, 1993, the Department of Planning Services conditionally
approved Two -Parcel Subdivision Exemption, SE -481, and
WHEREAS, the Board has received a request from the current property owner, Legendary
Land Holdings, LLC, 33521 County Road 16, Keenesburg, Colorado 80643, represented by
Sara Irby of Fischer, Brown, Bartlett, Larsen and Irby, LLC, 1319 East Prospect Road,
Fort Collins, Colorado 80525, to vacate Parcel B of Subdivision Exemption, SE -481, located on
the following described real estate, to wit:
Parcel B of Subdivision Exemption, SE -481; being
part of the E1/2 SW1/4 of Section 27,
Township 2 North, Range 63 West of the 6th P.M.,
Weld County, Colorado
i and, having been fully informed, deems it advisable to approve said partial vacation, and makes
2 the following findings:
044
U 1. No property will be left without access to a public road right-of-way as a result of
the vacation.
U
27.2: 2. No property resulting from the vacation will continue to use any access across any
N ..=E other PARCELs within the exemption plat.
cLLo. 3. No existing easements are affected by this vacation of Parcel B of Subdivision
.-.44A Exemption, SE -481.
i5 -2:A
om L2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
a!�� County, Colorado, that the request of Legendary Land Holdings, LLC, for Partial Vacation of
.T:(--" Two -Parcel Subdivision Exemption, SE -481, for removal of Parcel B, be, and hereby is, approved,
�NY8 an subject to the following condition:
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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
cc :PLCER/MN/BAA4O), ASR(sx), APPI.., APPL. REP.
oq /04 /9-H
2024-2174
SE -481
PARTIAL VACATION, VAC24-0018, OF TWO -PARCEL SUBDIVISION EXEMPTION, SE -481,
FOR REMOVAL OF PARCEL B - LEGENDARY LAND HOLDINGS, LLC
PAGE 2
As described in Sections 24-11-50.H and 24-11-50.1 of the Weld County Code, the
applicant shall submit an exemption vacation plat and deed to the Department of
Planning Services within ninety (90) days for review. Upon acceptance, the plat
shall be signed by the property owners and shall be submitted for recording, along
with the recording fee, to the Department of Planning Services. The vacation is in
effect the date of recordation of the land survey plat with the Weld County Clerk
and Recorder. Any easement created by dedication on the original plat for
Subdivision Exemption, SE -481, and not vacated herein, shall be rededicated on
the exemption vacation plat in the signed Property Owner's Certificate.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of August, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY 6t@RADO
ATTEST: C....itic44}
Weld County Clerk to the Board
B . %Yl . tat WO -
Deputy Clerk to the Board
APPVED A
yney
Date of signature: 76/Z4'
7
Kevin D. Ross, Chair
Perry L.
ck, Pro-Tem
k= Freeman
. James
ri Saine
2024-2174
SE -481
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Weld County Board of County Commissioners
From: Molly Wright, Planner
Subject: Partial Vacation of SE -481
Hearing Date: August 14, 2024
Owners: Legendary Land Holdings, LLC. c/o Marc Arnusch
Representative: Fischer, Brown, Bartlett, Larsen & Irby, PC, c/o Sara Irby
Legal Description: Lot b of Subdivision Exemption SE -481; being a part of the E2SW4 of Section 27, T2N,
R63W of the 6th P.M., Weld County, CO
Location: % Mile West of County Road 69; North and adjacent to County Road 16
Parcel Number 1303-27-3-00-024
Total Parcel Size: +/- 78.13 acres Zone District A (Agricultural)
Summary:
The applicant requests to vacate Lot B, being the largest lot of the Two -Lot Subdivision Exemption SE -481,
recorded November 29, 1993, reception #02361299. This partial vacation of Lot B of SE -481 would result
in an approximately 78.13 acre unplatted parcel. Lot A of SE -481 is not a part of this action.
Vacation Criteria:
The Vacation of a Recorded Exemption plat criteria are detailed in Chapter 24, Article XI of the Weld County
Code, being the Obsolete Land Divisions Article within the Weld County Subdivision Ordinance.
Section 24-11-10. A of the Weld County Code, states in part. "Previously approved Recorded Exemptions
and Subdivision Exemptions may be amended, corrected, or vacated."
Section 24-11-50 of the Weld County Code, provides specific criteria for the vacation process. The
processing of this vacation and memorandum have been prepared in accordance with this Code section.
Section 24-11-50. A of the Weld County Code details the items to be submitted by the property owners in
order to request a complete or partial vacation of an exemption. The submitted materials were deemed
complete and include the vacation request letter and the draft vacation plat map.
Section 24-11-50. B of the Weld County Code allows for partial vacations, which may be used to vacate
the largest lot within a Recorded Exemption plat, which is greater than thirty-five (35) acres in size, without
affecting the remaining lot(s) within the same plat. The submitted vacation request complies with this code
section.
2024-2174
Vacation of Lot B of SE -481 I Legendary Land Holdings, LLC
Page 1 of 2
5f.- $1
Recommendation:
The Department of Planning Services staff has reviewed this request and recommends that this request be
approved by the Board of County Commissioners subject to the following condition.
A. If the vacation request is approved by the Board of County Commissioners, the vacation plat shall
be submitted to the Department of Planning Services for review in accordance with Sections 24-
11-50.H and I of the Weld County Code. Upon acceptance of the plat, the plat shall be signed by
the property owners and shall be submitted for recording with the recording fee to the Department
of Planning Services. The vacation is in effect the date of recordation of the land survey plat with
the Weld County Clerk and Recorder.
Vacation of Lot B of RE -5104 I Arnusch Land Company
Page 2 of 2
To Whom it May Concern,
I/We Arnusch Land Company, LLC
(Dante of Property (Tuner)
are writing to request the (complete
acation of Lot B
(Insert Lot Designation)
Recorded Exemption 5104
(Insert Recorded Exemption number)
/ate . 4v IA.L.L.s.G tS---• 3 c? • 2—O 2,4
Print: Owner or Authorized Agent Date Pri,
Signature: Owner or Authorized Agent
01/24
of
Prna5C-1,- 5.30
ized Agent ,, Date
SignatOwner or Authorized Agent
5
VACATION PLAT FOR LOT B RECORDED EXEMPTION NO. RE -5104
Part of the Southeost 1/4 of Section 27,
Township 2 North, Range 63 West of the 6th P.M.,
County of Weld, State of Colorado
ranee d/� Wx
q.�n.
LOT B
xERE�5�0��1
177.68
—a,— wx,x° of �xa. wo. i of wao oo°x,.
00.,0.0..0 am.W
LOT A
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usr Vqs cox. mt o>
aox ��:�E
Sheet 1 of 1
NOTES
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LEGEND
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sun ar xoxow
VICINITY MAP: 1" = 2000'
PROPERTY DESCRIPTION BEFORE VACATION
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PROPERTY DESCRIPTION AFTER VACATION
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BOARD OF COUNTY COMMISSIONER'S CERTIFICATE
SURVEYOR'S STATEMENT:
GPAPIIIC SCALE
150 300 450
co
♦` W Iavnld Spuarnying Co.
A V ls. �yM�� W a°tl1 • N01-M19f fefpf-.H-p6ri • �wtlLrn
acu[ i - iw' I awx x cox I a¢iao w: Ixx 1 u2 xrn va m>.
red
6,2 RECORDED EXEMPTIONNO. 1303-27-4 RE -5104
III 11111 Iilllll III Illlu ������ Inll ��� IIIII Till IIII
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The West Half Of The Southeast Quarter ()f Section 27, Township 2 North, Range 63 West Of The 6th P.M.,
County Of Weld, State Of Colorado
626000000_06_,.06 r YM x.q°tb, m.xwt Suva °r N xry
6„000
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At:7° lc: 14M'miv ro.e,ar.a x.
&LLIE J. MOORE
NOTARY PUNIC
STATE OF COLORADO
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AN2T6129't f, 1696 MIRY ANN3Pe9eP5i/19/91 Ra a rsECn g10.006n 1/¢e1
SUBDIVISION EXEMPTION NO. 481
PART OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF: SECTION 27, TOWNSHIP
2 NORTH, RANGE 63 WEST OF THE 6TH. P.M., WELD COUNTY, COLORADO.
lw,i FI1D v_ cp)
CENTER, SECTION 2.
(N¢T r'f! o VERIFIED)
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(AFTER)
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(NOT VlfLO VEP6IEN)
PARCEL "B"
78.118 ,CRES +/-
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PARCEL "A"
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Notice
Pursuant to Section 24-11-50.1.1 of the Weld County Code, the following matter will be considered
on the Consent Agenda of the Weld County Board of Commissioners and no public testimony
shall be heard unless it is removed from the Consent Agenda and placed on the regular Agenda
by action of the Board, with said public hearing to be held in the Chambers of the Board of County
Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street,
Assembly Room, Greeley, Colorado 80631, at the date and time specified below.
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days
prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party.
In accordance with the Americans with Disabilities Act, if special accommodations are required in
order for you to participate in this hearing, please contact the Clerk to the Board's Office at
(970) 400-4225, prior to the day of the hearing.
The complete case file may be examined in the office of the Clerk to the Board of County
Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631.
Email messages sent to an individual Commissioner may not be included in the case file. To
ensure inclusion of your email correspondence into the case file, please send a copy to
egesick@weld.gov.
weld.gov.
Hearing Date: August 14, 2024
Hearing Time: 9:00 a.m.
Applicant:
Arnusch Land Company, LLC
c/o Marc Arnusch
33521 County Road 16
Keenesburg, Colorado 80643
Request: Partial Vacation, VAC24-0017, of Two -Lot Recorded Exemption, RE -5104, for Removal
of Lot B
Legal Description: Lot B of Recorded Exemption, RE -5104; being part of the W1/2 SE1/4 of
Section 27, Township 2 North, Range 63 West of the 6th P.M., Weld County, Colorado
Location: 0.25 miles west of County Road 69; north and adjacent to County Road 16 (see Legal
Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: August 2, 2024
ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
SE -481
Owner
WILLIAM GERHART AND
WILLIAM GERHART II
LEGENDARY LAND HOLDINGS,
LLC
ATTN: SARA IRBY
FISCHER, BROWN, BARTLETT,
LARSEN AND IRBY, PC
Address
33313 COUNTY ROAD 16
33521 COUNTY ROAD 16
1319 EAST PROSPECT ROAD
City
State
Zip
KEENESBURG CO 80643-8812
KEENESBURG CO 80643-8812
FORT COLLINS CO 80525
CERTIFICATE OF MAILING
I hereby certify that I have placed a true and correct copy of the Notice, in accordance with the notification
requirements of Weld County for Partial Vacation of Subdivision Exemption, SE -481, in the United States Mail,
postage prepaid First Class Mail as listed above.
rR
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Dated the 2nd day of August, 2024.
Ljtcfrt. ft)amwtic-
Janet M. Warwick
Deputy Clerk to the Board
U.S. Postal Service"'
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WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
7/16/2024
3:11:18 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Jan 1/0014)1,
Signature
�I►LiI24
Date
Property Owners Within 500 Feet of Parcel # 130327400030
Account
Parcel
Owner
Mailing Address
R8983637
130327100035
ARNUSCH LAND COMPANY LLC
33521 COUNTY ROAD 16
KEENESBURG, CO 806438812
R8983638
130327100036
ARNUSCH LAND COMPANY LLC
33521 COUNTY ROAD 16
KEENESBURG, CO 806438812
R8980830
130327200002
WAGNER MARGARET E (HEIRS OF)
7676 COUNTY ROAD 67
KEENESBURG, CO 806438927
R8974871
130327300024
LEGENDARY LAND HOLDINGS LLC
33521 COUNTY ROAD 16
KEENESBURG, CO 806438812
R6780529
130327400029
w 1- A
ARNUSCH LAND COMPANY LLC
33577 COUNTY ROAD 16
KEENESBURG, CO 806438812
R6780530
130327400030
Lv4- 3
ARNUSCH LAND COMPANY LLC
33521 COUNTY ROAD 16
KEENESBURG, CO 806438812
R8964273
130327400039
HENRYLYN IRRIGATION DISTRICT
29490 COUNTY ROAD 14
KEENESBURG, CO 806438711
R8964274
130327400040
BAUMGARTNER LINDA R
R8964274
130327400040
BAUMGARTNER RODNEY W
33759 COUNTY ROAD 16
KEENESBURG, CO 806438812
Parcels: 15
Owner Records: 16
Page 1 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
7/16/2024
3:11:18 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
U IJO Ott GO T(JC
i II Le 1 su Signature
Date
Property Owners Within 500 Feet of Parcel # 130327400030
Account
Parcel
Owner
Mailing Address
R8964275
130327400041
MCMILLAN BARBARA
6795 COLORADO BLVD
COMMERCE CITY, CO 800222220
R5064786
130334000015
PV LONE TREE LLC
PO BOX 316
KEENESBURG, CO 806430316
R7461398
130334100018
PV LONE TREE LLC
PO BOX 316
KEENESBURG, CO 806430316
R7461498
130334100019
PV LONE TREE LLC
PO BOX 316
KEENESBURG, CO 806430316
R7461598
130334100020
PV LONE TREE LLC
PO BOX 316
KEENESBURG, CO 806430316
R7461698
130334200021
GOETSCHEL ROBERT
33500 COUNTY ROAD 16
KEENESBURG, CO 806438811
R7461798
130334200022
PV LONE TREE LLC
PO BOX 316
KEENESBURG, CO 806430316
Parcels: 15 Owner Records: 16
Page 2of3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
7/16/2024
3:11:18 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site. http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Property Owners Within 500 Feet of Parcel # 130327400030
Parcels: 15
Owner Records: 16
Chan 1A)clAtui ck
ri 1I �I Z1-1'
Signature
Date
Page 3of3
Plat Vacation Application
Recorded Exemptions & Subdivision Exemptions
Planning Department Use: Date Received:
Amount $ Case # Assigned:
Application Received By: Planner Assigned:
Plat Information
Title of plat to be vacated: Vacation Plat for Recorded Exemption NO. RE -5104 S 27 T 2N R 63
O Complete Vacation (must include all lots)
® Partial Vacation (vacated lots must be over 35 acres each)
List of lots to be vacated:
Lot Parcel Number
Acreage Affected Easements
B
130327400030
80.40
50" Irrigation, Access & Maintenance Easement (Rec.
No. 3788685
Property Owner(s) (Attach additional sheets if necessary)
Name: MarcArnusch
Company: Amusch Land Company, LLC
Phone #:970-371-6126
Street Address: 33521 County Road 16
City/State/Zip Code: Keenesburo, CO 80643
Email: marcCalamuschfarms.com
Applicant/Authorized Agent (Authorization form must be included if there is an Authorized Agent)
Name: Sara Irbv
Company: Fischer, Brown. Bartlett, Larsen & Irby, PC
Phone 8:970-407-9000 Email: sarairbvafischerbrownlaw.com
Street Address: 1319 E. Prospect Road
City/State/Zip Code: Fort Collins, CO 80525
I (Wet hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained
within the application are true and correct to the best of my (our) knowledge. All fee owners of the property must sign this
application, or if an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application. If the
fee owner is a corporation, evidence must be included indicating the signatory has the legal authority to sign for the corporation.
I (Wet have read and agree to comply with the regulations for complete or partial vacation of recorded exemptions or subdivision
exemptions.
Signature: Owner or Authorized Agent
5A02/ _
Date
Signature: Owner or Authorized Agent Date
Print: Owner or Authorized Agent Print: Owner or Authorized Agent
01/24 3
Departments of Planning
Building, Development Review
and Environmental Health
1402 North 17T" Avenue
P.O. Box 758
Greeley, CO 80632
n Authorization Form
I, (We), Gx i Ll-C; give permission to 5a-4 -1--L-1
(Owner — please print) (Authorized Agent/Applicant—please print)
to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located at
(address or parcel number) below:
Parcel Number 130327400030
Legal Description: W 1/2 of Section 27 , Township 2 N, Range 63 W
Subdivision Name: N/A Lot B Block
Property Owners Information:
Address: 33521 County Road 16, Keenesburg, CO 80643
Phone:303-732-4074 E-mail: marcaarnuschfarms.com
Authorized Agent/Applicant Contact Information:
Address: 1319 E Prospect Road, Fort Collins. CO 80525
Phone: 970-407-9000 E -Mail: sarairbytfischerbrownlaw.com
Correspondence to be sent to: Owner !` Authorized Agent/Applicant by: Mail Email X
Additional Info: The partial vacation involves Lot B of Recorded Exemption No. RE -5104
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 th st of m (o ) knowledge.
Dale s"3c,•
Owner Signature
Subscribed and7m tolore fore me thi
My commission expires
ROBIN ENFANTE
NOTARY PUBUC
STATE OF COLORADO
NOTARY ID 20084007941
My Commission Expires May 12, 2025
0 trta
Owner gnature
day of
ate 5"3O. 2 /
, 20 by
4
Colorado Secretary of State
I00:20218078273
Document #: 20218078273
Filed on: 11/15/2021 03:37:45 PM
Paid: S50.00
Articles of Organization for a Limited Liability Company
filed pursuant to § 7-90-301 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.)
The domestic entity name of the limited liability company is Legendary Land Holdings, LLC
The principal office street address Is 33521 CR 16
Keenesburg CO 80643
US
The principal office mailing address is 33521 CR 16
Keenesburg CO 80643
US
The name of the registered agent is Brett Christopher Amusch
The registered agent's street address is 28687 CR 18
Keenesburg CO 80643
LS
The registered agent's mailing address is 28687 CR 18
Keenesburg CO 80643
The person above has agreed to be appointed as the registered agent for this limited liability company.
The management of the limited liability company is vested in Members
There is at least one member of the limited liability company.
Person(s) forming the limited liability company
Brett Christopher Amusch
28687 CR 18
Keenesburg CO 80643
US
Marc Christopher Amusch
33521 CR 16
Keenesburg CO 80643
US
Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of
each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the
individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the
document to he delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., and, if
applicable, the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in
the document are true and the document complies with the requirements of that Pan, the constituent documents, and the organic
statutes.
This perjury notice applies to each individual who causes this document to be delivered to the secretary of state, whether or not
such individual is named in the document as one who has caused it to be delivered.
Name(s) and address(es) of the individual(s) causing the document to be delivered for filing
Brett Christopher Arnusch
28687 CR 18
Keenesburg CO 80643
US
Marc Christopher Arnusch
33521 CR 16
Keenesburg CO 80643
US
-Filed
Document must be filed electronically.
Paper documents are not accepted.
Fees & forms are subject to change.
For more information or to print copies
of filed documents, visit www.sos.state.co.us.
Colorado Secretary of State
Date and Time: 08/15/2013 02:04 PM
ID Number: 20131470233
Document number: 20131470233
Amount Paid: $50.00
ABOVE SPACE FOR OFFICE USE ONLY
Articles of Organization
filed pursuant to § 7-80-203 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.)
1. The domestic entity name of the limited liability company is
Arnusch Land Company LLC
(The name of a limited liability company must contain the term or abbreviation
/ "limited liability company", "ltd. liability company", "limited liability co.", "ltd.
liability co.", "limited", "1.1c.", "llc ", or "ltd ". See §7-90-601, C.R.S.)
(Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.)
2. The principal office address of the limited liability company's initial principal office is
Street address 33521 CR 16
(Street number and name)
Keenesburg CO 80643
(City)
(State (ZIP/Postal Code)
Unite States
(Province — if applicable) (Country)
Mailing address
(leave blank if same as street address) (Street number and name or Post Office Box information)
(City)
(State) (ZIP/Postal Code)
(Province - if applicable) (Country)
3. The registered agent name and registered agent address of the limited liability company's initial registered
agent are
Name
(if an individual)
or
(if an entity)
(Caution: Do not provide both an individual and an entity name.)
Street address 33521 CR 16
Arnusch
Marc C
(Last)
(First) (Middle) (Suffix)
(Street number and name)
Keenesburg
(City)
co 80643
(State) (ZIP Code)
Mailing address
(leave blank if same as street address) (Street number and name or Post Office Box information)
ARTORG_LLC
Page 1 of 3 Rev. 12/01/2012
(City)
CO
(State)
(The following statement is adopted by marking the box)
2 The person appointed as registered agent has consented to being so appointed.
(ZIP Code)
4. The true name and mailing address of the person forming the limited liability company are
Name
(if an individual) Arnusch Marc C
or
(if an entity)
(Last)
(First) (Middle) (Suffix)
(Caution: Do not provide both an individual and an entity name.)
Mailing address 33521 CR 16
(Street number and name or Post Office Box information)
Keenesburg CO 80643
(City)
(State) (ZIP/Postal Code)
United States
(Province — if applicable) (Country)
(If the following statement applies, adopt the statement by marking the box and include an attachment)
❑ The limited liability company has one or more additional persons forming the limited liability
company and the name and mailing address of each such person are stated in an attachment.
5. The management of the limited liability company is vested in
(Mark the applicable box)
❑ one or more managers.
or
Qthe members.
6. (The following statement is adopted by marking the box)
✓❑ There is at least one member of the limited liability company.
7. (If the following statement applies, adopt the statement by marking the box and tnclude an attachment.)
❑ This document contains additional information as provided by law.
8. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has
significant legal consequences. Read instructions before entering a date.)
(If the following statement applies, adopt the statement by entering a date and, if applicable, time using the required format.)
The delayed effective date and, if applicable, time of this document is/are
(mm/dd/yyyy hour: minute am/pm)
Notice:
Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity
with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic
statutes, and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part, the constituent documents, and the organic statutes.
ARTORG_LLC
Page 2 of 3 Rev. 12/01/2012
This perjury notice applies to each individual who causes this document to be delivered to the Secretary of
State, whether or not such individual is named in the document as one who has caused it to be delivered.
9. The true name and mailing address of the individual causing the document to be delivered for filing are
Arnusch Marc C
(Last) (First) (Middle) (Suffix)
33521 CR 16
(Street number and name or Post Office Box information)
Keenesburg
rit i)
CO 80643
(State) (ZIP/Postal Code)
United States
(Province — if applicable) (Country)
(If the following statement applies, adopt the statement by marking the box and include an attachment.)
This document contains the true name and mailing address of one or more additional individuals
causing the document to be delivered for filing.
Disclaimer:
This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice,
and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy
minimum legal requirements as of its revision date, compliance with applicable law, as the same may be
amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should
be addressed to the user's legal, business or tax advisor(s).
ARTORG_LLC
Page 3 of 3 Rev. 12/01/2012
OPERATING AGREEMENT
OF
ARNUSCH LAND COMPANY, LLC
a Colorado limited liability company
OPERATING AGREEMENT
OF
ARNUSCH LAND COMPANY, LLC
a Colorado limited liability company
This Operating Agreement (the "Agreement") is made effective the 1st day of August,
2013, by and between Marc C. Amusch and Jill R. Arnusch (the "Members") and ARNUSCH
LAND COMPANY, LLC, a Colorado limited liability company (the "Company"), on the
following terms and conditions. Unless otherwise defined herein, capitalized terms used in this
Agreement shall have the meanings set forth in ARTICLE 7.
ARTICLE 1
FORMATION OF THE COMPANY
1.1 Formation; Articles of Organization. On August 1, 2013, the Company was
organized as a Colorado limited liability company under and pursuant to the Act by filing the
Articles with the Secretary of State. The rights and obligations of the Company and the
Members shall be as provided in the Act, the Articles and this Agreement. This Agreement is
subject to, and governed by, the Act and the Articles. In the event of a direct conflict between
the provisions of this Agreement and the mandatory provisions of the Act or the provisions of the
Articles, such provisions of the Act or the Articles, as the case may be, shall be controlling.
1.2 Indemnification of Organizer. The actions of the Organizer in filing the Articles
with the Secretary of State are hereby approved and accepted, and the Company shall indemnify
the Organizer to the fullest extent permitted by law.
1.3 Principal Place of Business. The principal place of business of the Company
within the State of Colorado shall be 33521 CR 16, Keenesburg, CO 80643. The Company may
locate its place of business at any other place or places as the Managers may from time to time
deem advisable.
1.4 Registered Office and Registered Agent. The Company's initial registered office
shall be 6506 WCR 65, Keenesburg, CO 80643; and the name of its initial registered agent at
such address shall be Marc C. Amusch. The registered office and registered agent may be
changed from time to time by the Managers by filing the address of the new registered office
and/or the name of the new registered agent with the Secretary of State pursuant to the Act.
1.5 Property. All property, real and personal, of the Company shall be owned by and
legal title held in the name of the Company, and any conveyance from or to the Company shall
be in the Company's name. Each Member's Membership Interest shall be personal property.
1.6 Tax Classification as a Partnership. The Company shall be taxable as a
partnership for federal income tax purposes pursuant to the Regulations promulgated under
Section 7701 of the Code, unless the Company elects another tax classification pursuant to those
Regulations. Notwithstanding anything contained herein to the contrary, until the Company
elects to be taxable as an association other than a partnership for federal income tax purposes, (a)
all tax allocations and distributions shall be made in accordance with the Code, (b) the capital
accounts of the Members shall be maintained in accordance with the Code, including Section
704(b) of the Code and the rules in Section 1.704-1(b)(2)(iv) of the Regulations, and (c)
liquidating distributions shall be made to the Members in proportion to their positive capital
account balances. Notwithstanding the foregoing, the Company shall be considered a limited
liability company under the Act, and the liability of the Members shall be limited to the fullest
extent provided in the Act and Article 3.3.
1.7 No Third -Party Beneficiaries. None of the terms, covenants, obligations or rights
contained in this Agreement is or shall be deemed to be for the benefit of any Person other than
the Members and the Company, and no such third Person (including any creditor of the
Company or of the Member) shall under any circumstances have any right to compel any actions
or payments by or to the Member and/or the Managers.
ARTICLE 2
BUSINESS OF THE COMPANY
The business of the Company shall be:
2.1 to acquire farm land for rent and/or lease;
2.2 to offer a vehicle for optional and continued investment by the Members so that
diversity and economies of scale may be realized;
2.3 to transact any or all lawful business for which a limited liability company may be
organized under the laws of the State of Colorado;
2.4 to accomplish any other lawful business as determined by the Managers;
2.5 to exercise all powers necessary to or reasonably connected with the foregoing
which may be legally exercised by limited liability companies under the Act; and
2.6 to engage in all activities necessary, customary, convenient, or incident to any of
the foregoing.
ARTICLE 3
MEMBERS
3.1 Members. The name, address, and initial Capital Contribution of the Members
are set forth on Schedule A attached hereto.
3.2 Additional Capital Contributions. After the initial Capital Contribution, the
Members may make additional Capital Contributions at such time or times as the Members shall
determine, but the Members shall not be obligated to make any additional Capital Contributions.
3.3 Limitation on Liability. No Member or Manager shall be liable under a judgment,
decree or order of any court, or in any other manner, for a debt, obligation or liability of the
2
Company, except as provided by law and pursuant to this Agreement. No Member or Manager
shall be required to loan any funds to the Company.
3.4 No Individual Authority. No Member acting alone shall have any authority to act
for or to undertake or assume any obligation, debt, duty or responsibility on behalf of the
Company.
3.5 Distributions. The Company may make distributions from time to time as
determined by the Managers.
ARTICLE 4
MANAGEMENT
4.1 Management by the Managers. The business and affairs of the Company shall be
managed by the Managers, and the management and conduct of the business of the Company is
vested in the Managers. The Managers shall direct, manage and control the business of the
Company to the best of their ability and, subject to the limitations and restrictions set forth in this
Agreement, shall have full and complete authority, power and discretion to make any and all
decisions, to take any and all actions, and to execute all instruments or other documents which
the Manager shall deem to be reasonably required or appropriate in light of the Company's
business and objectives.
4.2 Day -to -Day Management by the Managers. Without limiting the foregoing but
subject to the limitations and restrictions set forth in this Agreement, the Managers may exercise
the following specific rights and powers without any further consent of the Members being
required.
4.2.1 The Managers may purchase, lease or otherwise acquire, improve,
develop, manage, maintain and operate real or personal property as may reasonably be necessary
or incidental to the Company's business.
4.2.2 The Managers may sell, lease, pledge, exchange or otherwise dispose of
all or any portion of the property of the Company.
4.2.3 The Managers may borrow money on a secured or unsecured basis to
finance the business of the Company, encumber all or any portion of the Company's property to
secure such borrowings, and repay, refinance, increase, modify, consolidate or otherwise deal in
such borrowings and encumbrances.
4.2.4 The Managers may purchase liability and other insurance to protect the
Company's property and business.
4.2.5 The Managers may loan money, invest and reinvest the funds of the
Company, and receive and hold property as security for repayment.
4.2.6 The Managers may contract on behalf of the Company for the provision of
services or goods by vendors, employees, and/or independent contractors.
3
4.2.7 The Managers may engage or retain such employees, independent con-
tractors, attorneys, and accountants as the Manager deems necessary or appropriate in
ftirtherance of the business of the Company, and determine the terms of such engagements or
retentions.
4.2.8 The Managers may appoint such officers and agents of the Company as
the Managers shall determine for such terms as the Managers shall determine, remove such
officers and agents, prescribe such powers and duties for them as may not be inconsistent with
law, and fix their compensation.
4.2.9 The Managers may open one or more bank accounts in the name of the
Company and authorize the Managers and/or one or more agents, in the name of and on behalf of
the Company, to sign checks, drafts or other orders for the payment of money, notes, or other
evidences of indebtedness, endorse for deposit and/or deposit to the credit of the Company at any
bank, trust company, or banking institution in which the Company may maintain an account,
cash, checks, notes, drafts, or other bankable securities or instruments, and make, deliver, accept,
or endorse any commercial paper in connection with the business of the Company.
4.2.10 The Managers may expend Company funds in connection with the
business of the Company.
4.2.11 The Managers may pay all taxes, licenses, or assessments of whatever
combination imposed on or against the Company or its property or assets, and make such returns
or do all such acts or things as may be deemed necessary or advisable in connection therewith.
4.2.12 The Managers may care for and distribute funds and property to the
Members.
4.2.13 The Managers may cause the Company to enter into agreements with
other Entities and to form other Entities in furtherance of its purposes.
4.2.14 The Managers may make all elections for federal and state income tax
purposes.
4.2.15 The Managers may initiate, prosecute, defend, settle, compromise or
dismiss claims, and satisfy judgments, by or against the Company, the Managers, or the
Members in connection with the activities arising out of, connected with, or incident to the
business of the Company, and to otherwise protect the interests of the Company.
4.3 Action Requiring Consent of the Members. Notwithstanding the foregoing and
subject to paragraph 4.4, and without limiting the other restrictions set forth in this Agreement,
the following actions shall require the consent of a majority of the Members.
4.3.1 It shall require the consent of the Members to sell or otherwise dispose of
all or substantially all of the assets and property of the Company as part of a single transaction or
plan outside the ordinary course of business.
4
4.3.2 It shall require the consent of the Members to merge or consolidate the
Company with another Entity.
4.3.3 It shall require the consent of the Members to require additional Capital
Contributions (see paragraph 3.2).
4.3.4 It shall require the consent of the Members to increase or decrease the
number of Managers (see paragraph 4.5).
4.3.5 It shall require the consent of the Members to elect a Manager (see
paragraph 4.5).
4.3.6 It shall require the consent of the Members to remove a Manager (see
paragraph 4.7).
4.3.7 It shall require the consent of the Members to determine the salary and
other compensation of a Manager (see paragraph 4.11).
4.3.8 It shall require the consent of the Members to approve the admission of a
new or additional Member (see paragraph 5.1).
4.3.9 It shall require the consent of the Members to dissolve the Company (see
paragraph 6.1).
4.3.10 It shall require the consent of the Members to amend the Articles or this
Agreement.
4.4 Manner of Acting. In the event that more than two Managers are acting, the
concurrence and joinder of at least a majority of Persons acting as Managers shall be required.
4.4.1 Other Agreement. Notwithstanding the foregoing, the Managers may
adopt resolutions to govern their activities and the manner in which the Managers perform their
duties to the Company, and nothing contained herein shall prohibit the Managers (if more than
one) from unanimously agreeing, in writing, to allocate decision -making authority between
themselves and agreeing that one of them, acting alone, may make certain decisions and execute
certain documents on behalf of the Company as specified in such writing.
4.4.2 Execution of Documents. Subject to the consent requirements and other
limitations and restrictions set forth in this Agreement, any document or instrument may be
executed and delivered on behalf of the Company by any Manager, and no other signature shall
be required to bind the Company for any obligation not exceeding $10,000.00. Any document or
instrument binding the Company for any obligation in excess of $10,000.00 shall require the
signature of all of the Managers.
5
4.5 Number, Tenure, Election and Qualifications of the Managers.
4.5.1 Number. The number of Managers initially shall be two. The initial
Managers shall be Marc C. Amusch and Jill R. Amusch. The number of Managers may be
increased or decreased at any time by the Members.
4.5.2 Tenure. The initial Managers shall hold office until such Managers'
death, dissolution, resignation or removal and until such Manager's successor has been elected
and qualified. Thereafter, any successor Manager elected by the Members shall hold office until
such Manager's death, dissolution, resignation or removal and until such Manager's successor
has been elected and qualified.
4.5.3 Election. Except for the initial Managers, a Manager shall be elected by
the Members.
4.5.4 Qualifications. The Managers shall be a natural person 18 years of age or
older or an Entity, but need not be a Member or in the case of a natural person a resident of the
State of Colorado.
4.6 Resignation. A Manager may resign at any time by giving written notice to the
Members. The resignation of the Manager shall take effect upon receipt of notice or evidence of
delivery of notice thereof or at such later time as shall be specified in such notice; and, unless
otherwise specified therein, the acceptance of such resignation shall not be necessary to make it
effective.
4.7 Removal. The Members may remove a Manager at any time.
4.8 Time and Effort; Conflicts of Interest; Duty of Care.
4.8.1 Time and Effort. The Managers shall devote such time and effort to the
business of the Company as the Managers determine to be necessary to conduct the business of
the Company.
4.8.2 Conflicts of Interest.
(1) General. The Members and the Managers do not violate a duty or
obligation to the Company merely because their conduct furthers their own interests.
(2) Business Opportunities. Unless otherwise approved by the
Members, the Managers may not engage and invest in other business ventures or properties of
any nature as long as such business opportunities are in direct competition with the business of
the Company. It is expressly understood that the Members may enter into transactions that are
similar to the transactions into which the Company may enter, and the Company shall not by
virtue of this Agreement have any right or interest in such other transactions or the income or
profits therefrom.
(3) Dealings with Company. The Managers, acting on behalf of the
Company, shall not be prohibited from or otherwise limited in employing, borrowing money
6
from, contracting with, or otherwise dealing with, any Person by reason of the fact that such
Person is a Manager, a Member or an Affiliate of the Managers or the Members, or is an Entity
in which the Managers or the Members have an interest, whether such relationship, affiliation, or
interest is direct or indirect, provided that the terms and conditions of such employment, loan,
contract or other dealing are fair to the Company.
4.8.3 Duty of Care. Each Manager shall perform his or her duties as Manager in
good faith, in a manner the Manager reasonably believes to be in the best interest of the
Company and with such care as an ordinarily prudent person in a like position would use under
similar circumstances. Unless intentional misconduct or a knowing violation of law shall be
proved by nonappealable court order, judgment, decree or decision, the Managers shall not be
liable or obligated to the Members for any mistake of fact or judgment or for the doing of any act
or the failure to do any act by the Managers in conducting the business, operations and affairs of
the Company, which may result in any loss or damage to the Company or its Members. The
Managers do not, in any way, guarantee the return of the Members' Capital Contributions from
the operations of the Company. The Managers shall not be responsible to the Members because
of a loss of the Members' investment or a loss in operations, unless the loss shall have been the
result of intentional misconduct or a knowing violation of the law. In discharging his or her
duties as Manager, the Managers shall be fully protected in relying in good faith upon the
records of the Company and upon such information, opinions, reports, or statements by any of
his agents, or by any other Person, as to matters the Manager reasonably believes are within such
other Person's professional or expert competence and who has been selected with reasonable
care by or on behalf of the Company.
4.9 No Annual Meeting Required; No Minutes Required. No annual meeting shall be
required to be held. Neither this Agreement nor the Act requires any Member or Manager to
take or to maintain minutes or other records of any meetings.
4.10 Indemnity of Managers. The Company shall indemnify the Managers and any
agents of the Company for all costs, losses, liabilities, and damages paid or accrued by the
Managers or agent in connection with the business of the Company, to the fullest extent provided
or allowed by the Act. In addition, the Company may advance costs of defense or prosecution of
any claim to the Managers or agent of the Company, provided such claim is in connection with
the business of the Company.
4.11 Reimbursement; Compensation. The Managers shall be entitled to reimbursement
from the Company for all expenses of the Company reasonably incurred and actually paid by the
Managers on behalf of the Company. The Managers also shall be entitled to reasonable
compensation in an amount to be determined from time to time by the Members.
ARTICLE 5
TRANSFER OF MEMBERSHIP INTERESTS
5.1 Transferability; Admission of New or Additional Members. The Members may
transfer all or any part of their Membership Interest (including the Economic Interest) and may
admit one or more Persons as a new or additional Member of the Company upon such terms and
conditions as the Members approve, provided the Members: (a) considers the possible change in
7
the tax classification of the Company for federal income tax purposes as a result of such transfer
or admission; (b) contemplates the admission of an Additional Member and incorporates the
revisions required by the termination of disregarded entity status; and (c) assures compliance
with the applicable Securities Acts and regulations.
5.2 Death; Dissolution; Incompetency. The following events shall not cause the
dissolution of the Company: (a) the death of an individual Member; (b) the dissolution of an
Entity Member; or (c) the entry of an order by a court of competent jurisdiction adjudicating an
individual Member incompetent to manage the Member's person or property. Except as set forth
in paragraph 6.3, upon the occurrence of any of the foregoing events, the Successor -in -Interest or
legal representative of such deceased, dissolved, or incompetent Member shall be admitted as a
Member with all the rights of such deceased, dissolved, or incompetent Member.
5.3 Bankruptcy; Conversion to an Economic Interest.
5.3.1 Upon the adjudication of a Member as bankrupt or insolvent or, except as
provided in paragraph 5.2, upon any other transfer by operation of law pursuant to judicial order
or legal process, the Membership Interest of that Member shall be converted to an Economic
Interest.
5.3.2 If the Membership Interest of a Member is converted to an Economic
Interest pursuant to paragraph 5.1 or paragraph 7.1.8, the voting rights previously attributable to
the Membership Interest of the former Member shall be retained by the former Member and may
not subsequently be assigned.
ARTICLE 6
DISSOLUTION AND TERMINATION
6.1
determine.
Dissolution. The Company shall be dissolved at such time as the Members shall
6.2 Liquidation and Termination. As soon as possible following the dissolution of the
Company, the Managers shall execute a statement of intent to dissolve in such form as shall be
prescribed by the Secretary of State and file the same with the Secretary of State. Upon the
filing of the statement of intent to dissolve, the Company shall cease to carry on its business,
except insofar as may be necessary for the winding up of its business, but its separate existence
shall continue until the articles of dissolution have been filed with the Secretary of State or until
a decree dissolving the Company has been entered by a court of competent jurisdiction.
6.3 Liquidating Distributions. In settling accounts after dissolution, the assets of the
Company shall be distributed (a) to creditors (including a Member if it is a creditor, to the extent
permitted by law) in satisfaction of the liabilities of the Company and then (b) to the Members.
6.4 Return of Contribution. Except as provided by law, upon dissolution, the
Members shall look solely to the assets of the Company for the return of that Member's Capital
Contribution.
8
ARTICLE 7
DEFINITIONS AND MISCELLANEOUS PROVISIONS
7.1 Definitions. The terms used in this Agreement shall have the following meanings
unless otherwise expressly provided in this Agreement.
7.1.1 "Act" means the provisions of the Colorado Limited Liability Company
Act, C.R.S. ' 7-80-101, et sec . and any provisions of any successor act.
7.1.2 "Affiliate" means any Person that directly or indirectly through one or
more intermediaries controls or is controlled by or is under common control with the referenced
Person.
7.1.3 "Agreement" means this Operating Agreement of ARNUSCH LAND
COMPANY, LLC, as amended from time to time.
7.1.4 "Articles" means the Articles of Organization of the Company filed with
the Secretary of State on August 1, 2013, as amended from time to time.
7.1.5 "Capital Contribution" means any contribution of cash, property, services
or the obligation to contribute cash, property or services made by or on behalf of the Member.
7.1.6 "Code" means the Internal Revenue Code of 1986, as amended.
7.1.7 "Company" means ARNUSCH LAND COMPANY, LLC, a Colorado
limited liability company.
7.1.8 "Economic Interest" means an interest in the Company that only entitles
the holder to receive the share of distributions and tax allocations to which the holder of the
Membership Interest would otherwise have been entitled; however, the holder of an Economic
Interest shall not be entitled to participate in the management of the business and affairs of the
Company, to vote on any matter as a Member, or to otherwise exercise or enjoy the powers or
privileges of a Member under this Agreement, the Articles or the Act.
7.1.9 "Entity" means any general partnership, limited partnership, limited
liability company, corporation, joint venture, trust, business trust, estate, cooperative or
association.
7.1.10 "Manager" means one or more managers of the Company. The initial
Managers shall be Marc C. Amusch and Jill R. Amusch and any other Persons that succeed them
in that capacity.
7.1.11 "Member" means the Persons listed on Schedule A attached hereto, which
may be amended from time to time.
7.1.12 "Membership Interest" means the entire ownership interest of a Member
in the Company at any particular time as set forth on Schedule A which may be amended from
time to time, including the right of the Member to any and all benefits to which the Member may
9
be entitled as provided in this Agreement, the Articles and the Act, together with the obligation
of the Member to comply with this Agreement, the Articles and the Act.
7.1.13 "Organizer" means all Persons that acted on behalf of the Company prior
to the filing of the Articles, executed the Articles and filed the Articles with the Secretary of
State.
7.1.14 "Person" means any individual or Entity, and the heirs, personal
representatives, administrators, legal representatives, successors, and assigns of such "Person"
where the context so admits.
7.1.15 "Regulations" means the regulations, temporary and final, of the Treasury
Department promulgated under the Code.
7.1.16 "Secretary of State" means the Secretary of State of the State of Colorado.
7.1.17 "Securities Acts" means the Securities Act of 1933, the Colorado
Securities Act and any other state securities law, as each may be amended.
7.1.18 "Successor -in -Interest" means those individuals who succeed to
ownership of a Member's Membership Interest, including without limitation, those individuals
defined, pursuant to the applicable laws of intestate or testate descent and distribution, as the
case may be.
7.2 Miscellaneous Provisions.
7.2.1 Books and Records. All accounts, books, and other relevant Company
documents shall be maintained by the Managers at the Company's principal place of business
and shall be maintained in accordance with the accounting methods elected to be followed by the
Managers on behalf of the Company.
7.2.2 Application of Colorado Law. This Agreement and the application and
interpretation hereof shall be governed exclusively by its terms and by the laws of the State of
Colorado and specifically the Act.
7.2.3 Amendments. The Articles and this Agreement may be amended from
time to time by the written consent of the Members.
7.2.4 Construction of Terms. Common nouns and pronouns shall be deemed to
refer to the masculine, feminine, neuter, singular or plural, as the identity of the Person may in
the context require. Any reference to the Code or statutes or laws shall include all amendments,
modifications or replacements of the specific sections or provisions concerned.
7.2.5 Headings. The headings in this Agreement are inserted for convenience
only and are in no way intended to describe, interpret, define or limit the scope, extent or intent
of this Agreement or any provision hereof
10
7.2.6 Severability. If any provision of this Agreement or the application thereof
to any Person or circumstance shall be illegal, invalid or unenforceable to any extent, the
remainder of this Agreement and the application thereof shall not be affected and shall be
enforceable to the fullest extent permitted by law. Furthermore, a new provision shall
automatically be deemed added to this Agreement in lieu of such illegal, invalid or
unenforceable provision, which new provision is as similar in terms to such illegal, invalid or
unenforceable provision as is possible with the new provision still being legal, valid and
enforceable.
7.2.7 Entire Agreement. This Agreement represents the entire agreement
between the Members and the Company.
7.2.8 Heirs, Successors and Assigns; Service as Manager. Each and all of the
covenants, terms, provisions and agreements herein contained shall be binding upon and inure to
the benefit of each party hereto and, to the extent permitted by this Agreement, their respective
heirs, legal representatives, successors and assigns. This Agreement shall be applicable to and
binding upon the Managers. Service as a Manager shall be conclusive evidence of the
acceptance of the terms hereof.
7.2.9 Creditors' Rights. If a court of competent jurisdiction charges the
Membership Interest of a Member with payment of the unsatisfied amount of any judgment or
claim, to the extent so charged, the judgment creditor shall have only the rights of an assignee,
and the Company shall not be dissolved, unless otherwise dissolved pursuant to the provisions of
this Agreement or the Act. Such judgment creditor shall have only an Economic Interest and
shall not have the right to be admitted as a Member nor to exercise any rights of a Member under
this Agreement or the Act.
11
CERTIFICATE
The undersigned hereby agree, acknowledge and certify that the foregoing Agreement
constitutes the Operating Agreement of ARNUSCH LAND COMPANY, LLC adopted by the
Members effective as of the 1st day of August, 2013.
Members:
Marc C. Amusch
t r
Jill R. Am ch
Company:
ARNUSCH LAND COMPANY LLC,
a Colorado limited liability company
By: - _
By:
Marc C. Amusch, co -Manager
2t,Cxa --
Jill R. usch, tanager
The undersigned hereby acknowledges the foregoing and agrees without exception to be
bound by its terms.
Managers:
C
Marc. C. Amusch
Jill R. A Itch
12
SCHEDULE A
Member Address
Marc C. Amusch 6506 WCR 65
Keenesburg, CO 80643
Jill R. Arnusch 6506 WCR 65
Keenesburg, CO 80643
Initial Capital Contribution Membership Interest
$100.00 50%
$100.00 50%
Weld County Treasurer
Statement of Taxes Due
Account Number R8974871 Parcel 130327300024
Assessed To
LEGENDARY LAND HOLDINGS LLC
33521 COUNTY ROAD l6
KEENESBURU, CO 80643-8812
Legal Description
PT E2SW4 27-2-63 PARCEL B SUB EXEMPT SE -481
Year Tax
Tax Char,
Interest Fees
2023 $756.68 $0.00
Total Tax Charge
Situs Address
WELD
Payments Balance
$0.00 ($756.68)
$0.00
60.00
Grand Total Due as' of 05/06/2024 $0.00
Tax Billed at 2023 Rates for Tax Area 2449 - 2449
Authority
WELD COUNTY
SCHOOL DIST RE3I-KEENESBURU
CENTRAL, COLORADO WATER
(CC W
LOST CREEK GROUNDWATER (LCG
S. E. WELD FIRE
AIMS JUNIOR COLI..EGE
HIGH PLAINS LIBRARY
Taxes Billed 2023
* Credit Levy
Mill Levy Amount
12.0240000* 618014
16.7930000 $251.56
0.8910000 $13.34
0.9450000 $14.1(1
10.3270000 $154.70
63360000 $94.91
3.1960000 $47.87
50.5120000 $756.68
Values
AG -FLOOD
IRRRIGATED LAND
AG -WASTE LAND
Actual Assessed
$56,707 $14.970
$22 $10
Total $56,729 $14,980
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE
LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES.
CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE
FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1.
TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK.
POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS. PAYMENTS MUST BE IN OUR OFFICE AND
PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH.
Weld County Treasurer's Office
1400 N 17. Avenue
PO Box 458
Greeley, CO 80632
Phone: 970-400-3290
Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due
issued by the Weld County Treasurer are evidence that as of this date, all current and prior year
taxes related to this parcel have been paid in full.
Signed:
Date U5IoUf21Y41t
4785840 12/16/2021 02:19 PM
Total Pages: 2 Rec Fee: $18.00
Carly Koppes - Clerk and Recorder, Weld County , CO
BARGAIN AND SALE DEED AND ASSIGNMENT
THIS BARGAIN AND SALE DEED AND ASSIGNMENT, made this day of
December, 2021, is from David O. Bone and Patricia A. Bone, whose street address is 33313
County Road 16, Keeneseburg, CO 80643 ("Grantor") to Legendary Land Holdings, LLC, a
Colorado limited liability company whose street address is 33521 County Road 16, Keenesburg,
Colorado 80643 ("Grantee").
WITNESSETH, that Grantor, for and in consideration of Ten Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
hereby sells and conveys unto Grantee all of Grantor's right, title, and interest in and to any and
all water and water rights located on the real property described as:
PARCEL B of Subdivision Exemption No. 481, recorded November 29, 1993 in Book
1413 as Reception No. 2361299, being a part of the E 1/2 of the SW 1/4 of Section 27,
Township 2 North, Range 63 West of the 6th P.M., County of Weld, State of Colorado,
containing 78.118 acres more or less and also known by street address as: 33703 County
Road 16, Keenesburg, Colorado 80643;
TOGETHER WITH and including but not limited to, water deliverable to the above
described land by virtue of the inclusion of said land within the boundaries of the Henrylyn
Irrigation District, along with all wells and well permits, underground water (whether tributary,
nontributary or not-nontributary), and Well Permit #10249 a/lc/a #10249-R, 10249 -FP and 10249-
RFP, as well as all other rights in and to the use of water of any kind or nature, which are located
on or under, are or were historically used in connection with, or are otherwise appurtenant to the
real property (the "Water rights");
TOGETHER WITH any and all infrastructure, pipes, pumps, ditches, headgates, ponds,
pump stations, power lines, meters, measuring devices, dams, permits, special use permits,
easements, and water agreements, appurtenant to the Water Rights or the real property described
herein.
IN WITNESS WHEREOF, Grantors have caused this instrument to be executed and
acknowledged on the date first set forth above.
[SIGNATURE PAGE TO FOLLOW]
After recording, please return to Holsinger Law, LLC, 1800 Glenamr Pl., Ste 500, Denver, CO 80202
5
4785840 12/16/2021 02:19 PM
Page 2 of 2
GRANTOR:By: W-1,0
(J'• R5V----
David O. Bone
By:
Patricia A. Bone
STATE OF 6.2taid CI;
ll �� )ss.
COUNTY OF (Ckt.Do
The foregoing instrument was subscribed, sworn to, and acknowledged before me this I& day
of December, 2021, by David O. Bone and Patricia A. Bone, Grantor.
[SEAL]
steel ti
tle
Ilianess my hand and official seal.
17 ' U-)e.z7
Nittary ublic
My commission expires: 5/°7 /g'
Page 2 of 2
WARRANTY DEED
State Doc Fee: $90.00
Recording Fee: $23.00
THIS DEED is dated the 16th day of December, 2021, and is made between
David O. Bone and Patricia A. Bone
(whether one, or more than one), the "Grantor" of the County of Weld and State of Colorado and
Legendary Land Holdings, LLC, a Colorado limited liability company
v whether one, or more than one), the "Grantee", whose legal address is -3 S2- i C lA I C,
, (-0 of the County of Weld and State of Colorado.
WITNESS, that the Grantor, for and in consideration of the sum of Nine Hundred Thousand Dollars and No Cents
($900,000.00), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells,
conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property,
together with any improvements thereon, located in the County of Weld and State of Colorado described as
follows:
PARCEL B of Subdivision Exemption No. 481, recorded November 29, 1993 in Book 1413 as Reception No.
2361299, being a part of the E 1/2 of the SW 1/4 of Section 27, Township 2 North, Range 63 West of the 6th
P.M., County of Weld, State of Colorado.
TOGETHER WITH any and all water and water rights, including but not limited to water deliverable to the above
described land by virtue of the inclusion of said land within the boundaries of the Henrylyn Irrigation District
Grantor is to retain all oil, gas and mineral rights but buyer shall have a right of first refusal
also known by street address as: 33703 County Road 16, Keenesburg, CO 80643
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest,
claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises,
with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto
the Grantees, and the Grantees' heirs and assigns forever.
The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to
and with the Grantee, and the Grantee's heirs and assigns: that at the time of the ensealing and delivery of these
presents, the Grantor is well seized of the premises above described; has good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, and in fee simple; and has good right, full power and lawful authority to
grant, bargain, sell and convey the same in manner and form as aforesaid; and that the same are free and clear
from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of
whatever kind or nature soever, except and subject to: Statutory Exceptions as defined in C.R.S. § 38-30-
113(5)(a).
And the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, in the
quiet and peaceable possession of the Grantees, and the heirs and assigns of the Grantees, against all and
every person or persons lawfully claiming the whole or any part thereof.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above.
David -O. Bone
� /.ice'✓. �i�.c,
Patricia A. Bone
State of Colorado
County of Weld
The foregoing instrument was acknowledged before me this 16th day of December, 2021 by David O. Bone and
Patricia A. Bone.
LiC. )/
Notary Public:
My Commission Expires: �'/7
Stewart Title File No.: 1485573
Statutory Warranty Deed 832A CO
CHRISTINE MOSER
NOTARY PUBLIC
' STATE OF COLORADO
NOTARY ID 20044002134
yfY COMMISSION EXPIRES MAY 07, 2024
Page 1 of 1
DEPARTMENT OF PLANNING SERVICES SUBDIVISION EXEMPTION
ADMINISTRATIVE REVIEW
Applicant: Edward Stremel SE -481
Legal Description:
Criteria Checklist
Meets Criteria
Yes No
X
X
Part of the E2 SW4 of Section 27, T2N, R63W of the 6th
P.M., Weld County, Colorado.
NA
1 The proposal is consistent with the policies
of the Weld County Comprehensive Plan.
2. The boundary change or temporary use location
which would be allowed on the subject
property by granting the request will be
compatible with the surrounding land uses.
X 3 In those instances when used pursuant to
Section 11.12.2 of the Weld County
Subdivision Ordinance, the request is the
best alternative to dispose of existing
improvements in conjunction with the
companion Recorded Exemption.
X 4 A lot being created for the purpose of
financing will not result in the creation of
a lot to be sold, shall be at least one acre
in size, and will no longer exist upon
termination of the financing arrangements.
APPROVED WITH CONDITIONS
Subdivision Exemption is approved in accordance with information submitted
in the application and the policies of the County. The Department of
Planning Services has determined through its review that the standards of
Section 11.15 of the Weld County Subdivision Ordinance have been met.
The following note shall be placed on the plat:
The oldest residential dwelling (circa 1920) on the site may not be used on
any basis as a dwelling or as overnight or temporary housing for any
persons. All utilities except electricity shall be permanently
disconnected from this existing residential dwelling.
The applicant shall submit a mylar plat to the Department of Planning
Services to be recorded in the office of the Weld County Clerk and
Recorder. The plat shall be prepared in accordance with the requirements
of Section 11.13.9 of the Weld County Subdivision Ordinance. The plat
shall be submitted within sixty (60) days from the date of approval by the
Department of Planning Services. The applicant shall be responsible for
paying the recording fees.
By
r‘
Monica Daniels -Mika, Current Planner
Date November 16. 1993
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