HomeMy WebLinkAbout20241177.tiffRESOLUTION
RE: APPROVE VACATION, VAC24-0012, OF USE BY SPECIAL REVIEW PERMIT,
USR19-0015 - ECO PROPERTIES, 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, by Resolution dated July 10, 2019, the Board approved Use by Special
Review Permit, USR19-0015, for processing and a Use similar to Uses by Special Review in the
A (Agricultural) Zone District, as long as the Use (Hemp Processing, Storage, and Distribution of
Raw Oil) complies with the general intent of the A (Agricultural) Zone District, for H2S2, LLC, on
the following described real estate, to -wit:
Lot A of Recorded Exemption, RECX17-0186; being
part of the S1/2 NE1/4 of Section 32, Township 7
North, Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board has received a request from the current property owner,
ECO Properties, LLC, 1298 Main Street, Unit A, Windsor, Colorado 80550, to vacate said Use by
Special Review Permit, USR19-0015, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of the
Department of Planning Services staff and all of the exhibits and evidence presented in this matter
and, having been fully informed, deems it advisable to approve said vacation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Use by Special Review Permit, USR19-0015, be, and hereby is, vacated.
4961010 Pages: 1 of 2
05/17/2024 11:50 AM R Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County , CO
VIII Etc! i'r� I �I I��i � Pi q'cI�l �l��� �L� kJ, 1I 1I
cc*. pL(ER(M1J) ASR (SG)
APPL. RPPL. REP, '
06 /o7 /2-H
2024-1177
PL2682
VACATION, VAC24-0012, OF USE BY SPECIAL REVIEW PERMIT, USR19-0015 - ECO
PROPERTIES, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of May, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COU
ATTEST: �( MeiltaA)
W. ...' :1i
Weld County Clerk to the Board
BY: I V I , L(.)CL1 r,th dC
Deputy Clerk to the Board
TO FORM:
County ttorney
Date of signature:61W I 112-
4961010 Pages: 2 of 2
05/17/2024 11:50 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
idi.,0.14tEKIVA Kilt), Ill II
,�- 0
Kevin ¢,[doss, Chair
Perry L. Buclyf'Pro-Tem
Mike
tt K. James
Saine
2024-1177
PL2682
MEMORANDUM
TO: Board of County Commissioners
DATE: May 13, 2024
FROM: Kim Ogle, Planning Services "AV>
SUBJECT: Request to vacate USR19-0015
The Department of Planning Services is in receipt of a letter dated April 2, 2024 from
Eric Greene, General Manager, ECO Properties, LLC requesting the complete vacation of USR19-0015
for a
Site Specific Development Plan and Use by Special Review Permit, USR19-0015, is for
Processing and a Use Similar to Uses by Special Review in the A (Agricultural) Zone
District as long as the Use (hemp processing, storage and distribution of extracted raw oil)
complies with the general intent of the A (Agricultural) Zone District
as recorded February 5, 2020 at reception no. 4564376.
The legal description for the property is listed as:
LotA of Recorded Exemption, RECX17-0186; being part of the S1/2 NE1/4 of Section
32, Township 7 North, Range 64 West of the 6th P.M., Weld County, Colorado
On January 31, 2024 the Board of County Commissioners approved USR23-0043, a Site Specific
Development Plan and Use by Special Review Permit, USR23-0043, for Oil and Gas Support and
Service including establishments principally engaged in serving the oil and gas industry (fabricating,
installing and maintaining containment liners for oil and gas operations) outside of subdivisions and
historic townsites in the A(Agricultural) Zone District.
On Lot A of Recorded Exemption, RECX17-0186; being part of the S1/2 NE1/4 of
Section 32, Township 7 North, Range 64 West of the 6th P.M., Weld County, Colorado
The Weld County Code does not allow overlapping USRs, therefore the request from the applicant
was required prior to recording the new USR23-0043 map
2024-1177
5h3
USR VACATION REQUEST
Prepared for
ECO Properties LLC
By
AGPROfessionals
NMI. DEVELOPERS OF AGRICULTURE
AGPROfessionals
3050 67th Avenue, Suite 200
Greeley, CO 80634
(970) 535-9318
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Vacation Request Letter
Weld County USR Vacation
Prepared for
ECO Properties LLC
ECO,Properties,: LLC.
1288`Main,St.:Unit A
Windsor; .CQ.8055d
April 2, 2024
'Weld;County'Department-of Planning,'Services
1402 N'170 -,Avenue.
Greeley, CO 80631,
'RE' :Vacation of ,USR 1'9-0015.
To Whom It May Concern:
'We are: ,writing to request the vacation of U59119,005, as recorded on February 05, 2020`, at
.reception no. 4564376 The legal ;description for the subject property is listed below:'
Lot A of Recorded Exemption No. RECX17 01:86,.recorded February 14, ,2018, at
reception no. 4375464, being located in partofthe South Half of the Northeast Quarte"r,.
of.Section 32, To.wnship7'North, Range.'64 West Of -the 6h P.M.,,:Counry•of Weld,'State
of ,Colorado..
The requested vacation is a complete vacation of U5R19-0015..A new: Use by Special Review
'USR23-0043 was approved 'by the Board of County ,Comrnissioners._Asa Condition of Approval
.of_USR23-;0043, a vacation request for U,SR19-0-01,5' must be 'submitted.
Sincerely,
•ECC Pr erties LLC
Eric Grene, General 'Manager
Enclosures:
I. Recorded ,USR1:9-0015 plat
rAGPROfessiona1
DEVELOPERS OF AGRICULTURE
USR19-0015 Plat
Weld County USR Vacation
Prepared for
ECO Properties LLC
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• APPROYM. CP THIS PINT MAY CREATE A VESTED PROPERTY
GA RIPUR SEUR TOECTDRDdIOOF THE NELOCOLNIYCOOE
THE NUMBER Of DAME EMPLOYEES SHALL BE UP TO
MENET ON
5. ALL SIGNS SHALL AOIEE TO CHAPTER 23. ARTICLE N,
DBASION 2 AND ...FENCES 21C, 2111 MA WE OF II LE NELU
COUNTY COOE
THE EXISIINU LANDSCAPE AD HHWUSED SCENCK' W
MEAN SNAIL BE NMHTANNED.
E. EVE PROPERTY OWIBI OR OPERATOR SHALL MONDE
WRITER EVGENGE OF AN APPROVED EMERGENCY ACTION AND SAFETY ON NI BEFORE MARCH NM OF ANT GIVE, YEAR
• ED PEPIESEATATNE9 FOR THEFIRE DISTRICT AM THE
VRE.I3 COUNTY DEERE O EIF910ENCY .. NAER TO IRE
DEPARTMENT O PLANNING SERVICES.
5- ALL LENTO AND SO1D WASTES NS DEFINED W TIE SOLID
WILES OSPO5. MIES RIO FANO,. ACT CAIu53.10-103 SHALFOR
SHALL RE STORED AND REMOVE] FFINAL
MANNER MAT PROTECTS AGAINST SURFACE ANO GROUNDWATER
CO TAAINATION
V. NO PERMANENT OINNSAL OF WASTES SHALL E PERMITTED
AT TB SITE 7119 19 NOT 'NAM TO INCLUDE THOSE WASTES
SPECIFICALLY EXCLUDED FROM TIE DU NIHON W A ENO WASTE
IN TIE SOLID WASTER DISPOSAL SITES NE FACILITIES ACT CA 6
I
TO WAIN WfERWS SHALL E HANDLED, STORED. AND
IMPOSED OF W A WITEA MAT CONTROLS FLINT. DUST
FUGITIVE PARTICULATE EMISSIONS, BLOLNNO DEBRIS, AND OTHER
POTENTIAL NUISANCE C NDI1EMS THE APPLICANT NALL
WII➢cWNACCORDANCE WE CHART M. ARTICLE A OF ME
W
H AIL POTENTIALLY HAZARDOUS 00NM
MIST E HANDLED
W A SAFE MANNER III OUKE ORHIACCPRONE. 001000
AND W A INNER TINT MMEYIES T. O N ASE. DON
AR POLU1 NAM AND VOLATILE GNCOMPOUNDSCOMPRDS
DrOL'ST ALL CHEMICALS MUST E STORED SECURELY, ON AN
IMPERVIOUS SURFACE, ANI3 W ACCORDANCE WM
MANIMACTURFRBNELOIMENDATONS
IL F.TIVE OUST NNLL ANEW, 10 BE CONIED ON ME
PROPERTY, USES ON TIE PROPERTY SHOULD COMPLY WIN THE
COOADAR WAU, COMMSMORS AR OLL4ITY EON...HONS.
PROA70ED FOR DRINKING. IANDWAM INO1GNE3 TOTOIMATE,
ET FACADES
rtes
FOR EMPLO EBS ND PATRONS OF ME Maur, SEWAGE
DISPOSN FOR TFAOUTY SHALE BE SY SEPTIC MIEN ANT
SEPTIC SYTHETEM LOCATED ON THE COMPLY HM
ALL
PRIIDI E5 OF ME NEAR COUNTY CODE PFBTANNO TO
WASTEWATER
ONETE WEWATER MEATIER.' ENTERS
II. AS APPLICABLE, A SHILL PREVENTION. CONTROL AND
COOTERNFA0URE RAG, PREPARED W ACCORDANCE WIN ME
4110000 E PROVISIONS OF W CFR. PARE Ili SHALL BE
AVAILABLE
IS ME FACILITY MULL COMPLY 'ICOLORADO TIE
OFPAREGI O AGRICULTURE RULES IMAND EGUAIIWS
PERTAINING TO IMGSTRML HEMP IB CCR 19012]7
1. TOE OPERATION SHALL COMPLY MOI ALL APPLICABLE RIMES
ANO REGULA 00 O RA STATE AD FEDERAL AGENCIES AND T
WEL➢COUNE
T TIE PROPNL0 ORDER OR OPERATOR SHALL BE
RESPW 111E FOR CO TR.,NO IMO IS NEEDS WI GE SITE
PLENUM TO DOPIER IS, ARTICLE TAE II OF TIE WSW COUNTY
COOP
ITI TIE ACCESS TO TINE SITE SEAL BE MANTA0EM TO MNEATE
ANT'WARTS TO TIE PUNIC ROAM WCLUNWO DAMAGES AEON
OT.BTE MACRON
s0. 411 WT101 MAT RAY OCCUPY ARUM EMROACH UNN AM
COUNTY OOITSd WAY OR EASEMENT MULL ACONITE AN
ARROVED MOM oFMNY USEPERMI TPROL TO COMMENCEMENT.
21 PIE PROPERTY OVUM SHALL COMPLY HIM L
AELNYREIENIS PROMS W WS EXECUTED ROAR MAWfFNANE
AGREEMENT
u Die ROAD AIAIMENNGO MAMMON FOR DAS SITE MAY BE
REVENEOO ON AN ANNUAL SAMS INCLUDING A SITE 'Asir AND
POSSELE MATES
23 E W LORI.. FLOW PATTERNS AND RUNOFF MOURN W
TIE SHE WlL IIEMNMAINEO.
24 MELD COUNT 19 NOT RESPONSIBLE FOR THE MAWT0NWCE
O' ON BIM OW ILAOD IEN1E01SA1UNR
20 SOURCES G LIGHT SIEIAD NOT CAUSE A NUISANCE Oi
WEEPERS WIN ENE USE ON 1M ADJACENT PROPERTIES is
COLORADO CULTIVARS USA, LLC
USE BY SPECIAL REVIEW USR19-0015
LOT A OF RECORDER) EXEMPTION, RECX 17-0186; BEING PART OF THE S1/2 NE1/4 OF SECTION
32, TOWNSHIP 7 NORTH, RANGE 64 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO
ACCORDANCE WE THE MAP, WINER TIE DIRECT NOR
ELECTED, PfR FROM ANT H.1 SOURCE MAY CREATE A
RUNIC WANG 0 OPERATORS Of MOTOR VEHICLES ON PUBLIC
OR PRIVATE STREETS. NO COLORED LIGHTS RAY BE USED MANI
MAT BE IE COUSED WIRE OTT CON91R11E0 AO TRAFFIC CONTROL
DEVEES
16 OUNONO PERMITS MAY BE REWIRED. FOR AT NEW
CONSTRUCTION W SET BE MANUFACTUTEO STRUCTURE PER
SECTION HNIO Of ME VIED CORETY CODE A BUXOM PERMIT
APPUGTION ABM BE COMPETED MCI SUMMED. BWDWUS
MN STRUCTURES ON SHALL CONFORM 70 ME EOMREMONS OF
C THE VARIOUS OOEB ADOPTED AT THE TIME OP PEON
AVOCAT0N MrV IMLY, THE FOIONWB INVE BEEN ADOPTED
Br NERD COINTY.sW0 Fri 4fMTIONA1 AAUAUA 4IAL frOT
ALTFRN04(1(1 °LEROY (GCE %IT NAT 011 FL A 011
AND CHUM TV',F 111E HELD COUNTY CODE A PLAN REVIEW
,TALL BE APPROVED, AND A PERMIT MUST BE ISSUED PRIOR 10
HE91ARTOF CONSTRUCTION
Er THE PROPERTY oHNER 014 OPERATOR SIA1L BE
REE�0400S OF CHAPTER F�COWL21 O RTE VELD COUNTY COW
2. NECESSARY PERSONNEL FROM THE MUNN
• AAT µMB OF PANTO SEGWCES, 1508 AND
PUBLIC TN AND EMVMOWEMT SEAL E GRANTED ACCESM
ONTO TIE PROPERTY. WIN 21ROV NOTCE TO TIE PROPERTY
• AGILITY BPENATOR W ORDER TO MINE TNEACTIVEREB
CAABEO MT ON TE PROPEEY COMPLY HIM THE CODIIIOLY
O APPROVE. AND DEVfl0PNENr STAMIIMOs STATED HERON
MOAN APPLICABLE YIELD COUNTY EONA00NG
10 TE UE BY SPEC. REVIEW AREA MULL E MUTED TO NNE
BANS MOWN HEREON AND GOVERNED BY WE FOREGOING
YS401015 ANO ALL 0 rIOLIRE VELD COUNTY REGULATIONS
S
ANAL OMENS TOR TIE 010 rime OR T
ssf APPROVAL OF
MICMM STATED. SHALL TIMME THE
O ANAMENDMENT OF NE PERMIT BY TE HELD
NV COEY BOARD OF COUNTY CONMISSENER9 BEFORE SUCH
CHANGES FROM NE PODS OR DE\ELOPIENT STANDARDS ARE
Pf1NrtOED. ANY 011EA CHANGES MALL E RLEY W THE OFICE
O E ETM MPARMo, PMENCI SERVICES
20 REF UMMA L NOTIFY RE COUNTY OPEC/F.5 ATM
A.41,1ASUSPENSION oF AM STATE...SD PETMIT. IF
APPLICABLE
PROOHTY 04.17 SHAL OR OPERATOR L BE
F RESPONSE. FOR COMPLYWO YAM ALL THE 10.001110
DEVELOPMENT 0 SU 01AR01 NONCOSTANDARDS
0 H ANY OF WE
FOREGOES, DEVELOPMENT STANDARDS Y BE REASON FOR
NE7EGTKW OP LIE REFINE E 1E BOARS OF MMY
COURSBONERA
D OEIrt TO EAr1NCr 01 11 W REM6GEE STATEMENT WELD
COMITY INS Wu. Of IE MODE AWVDANT ENTERAL
RESOURCES, INCLIgNO 001 Nor LIMITED TO. RAN0 AHD GRAVEL
OIL NATURAL 94,0f THE
EW REBa1AME . MINERARAIS ARE VITAE RESOURCES BECAUSE
C4 115 STATOR STATOR 0C1A ERCN1 MMEAA OPOSITS ARE ESSENTIAL
n 111 A O 1 ER N.C.,.
l � P0,5 p: cum. 00.011.0
(1
Corn Or0115 M 11.4105 145aNN5 10 I
RATIONAL PUN CACUED ATTO AVON) WASTE OF SUCH OEP0010
CAus10.0 MAIM LEAST PRACTICWIDENS
15 OF THE
ECOLOGY GOF IFS 51 1 0 WIDENS OF THE
OPAOUS COUNTIES O TIE EATE MINERAL RESOURCE
LOCATORS AM NGESFNEAD TINOUGAWAR THE COMITY NM
P ERSONS MOVVio MUS O 'MESE AREAS MT EONI3+ COTHE
VANE.. IMPACTS ASSOCIATED WITH TINS Oty LOPLENI
OTMIE FNTS ESORCR STIES ARE FIN70 1H0T0
EOGR.APN q CEs ARE PROTECTED EGEOPHYSICAL LOCATIONS. MOREOVER,
THESE pol TY FLINT'S ENT
NWERA OWEI10 SIIOULD E AFOIDEO TILE OPPORTUNE,/ 10
EX TRACT 11 R MINERAL RERILRCE
TFE VETO COUNTY MOIR 10 FARM STATEMENT, AS IT
APPEARS N ECIEN 2200112 OF E OSLO COUNTY CODE
SING E PULED MITRE MAP AND RECMONIEEO AT ALL TIMES,
USR19-0015 COVER SHEET
NO It TO PRIM STATEMENT WELD COUNTY IS OIE OF NE MOST PROOICTNE ADPCULINTAL COUNTIES W TIE UNITED STATES
INNERLY IMNNNG IN RE TOP ECG COUNTIES W 1111E COUNTRY W TOTAL AVM. VALUE OF AGRICULTURAL FRODUCTs SOIL HE
RUNG NEE. OF WELD COMITY ANY OE OPEN AN0 WALK,. BR THEY ARE INIENSNELY USED FOR AGRICULTURE 15000NS
MOVING PITO A RURAL AREA MUST ECOGE' lE AND ACCENT THERE ARE DMWDASIS YICLU.ONDCOVLC ISHI IN LOJNGS.AAMNG
N1NCUL1UINL PRACTICES ARO A LOWER LEVEL OF REFUGES TINE W 1014E .0110 LAIN 111E OA0BACHS COTE TIE IOCENI IVES
VA POI ATTRACT'REAE GWELLEE. 10 ELO0ATE TO RURAL AREAS OPEN VIEWS, SPACIOUSNESS, WILDLIFE LACK OF CIO NOISE
AND CONDEMN. ACID TIE RNA. A1MO0JR1DE ANL, WAY OF LIFE WIIIdH NEIGHBOR G FARMS THOSE FEATURES VETO
ATTRACT OMAN METIERS TO RURAL WELD COMM WOAD QUICKIE BEGONE FOREVER
AGRICULTURAL USOS OF RIE LAID SHOULD NOT BE EYIECI10 TO CHARGE THEIR LONOESIABLIMED AGWCULHAML PRACICF0
TO ACCOMIA00ATE THE WTfLISIDNS OF URBAN USERS IMO A FNR.LL AREA MILAN,' ADWGATULLL ACIMLES Nlll GEGEINIE
O FNIE IMPACTS IFNUUOLNG NOISE FROM 1RACLEN AND 00111 ENT, 5111.140OYIMG FAAL VENUES ON NLRAL ROADS OUST
FROM ANIMAL PENA5. FIELD WON1. HARVEST AID GRAVEL ROADS ODOR FROM MENIAL CONFINEMENT, SILAGE AND MANNE, SMOKE
FT100 OICN BURNING FOES Rill MOSOUM TOES: MINING AIrD TRAPPING All !PAIRS, SHOOTING SPORTS, LEIIAL HADND OF
NIIISi00X' NOTRE; ARO RELIEF OF PESTICIDES ANO TERBIUM IN TIE FIELDS. INCLUDING OE USE OF AU11AL SPRAYING 11 IS
COMMON PRACTICE FOR ACJICU1UNLL PRODUCERS TO LONDE AN ACCUMULATION OF EINCLLTURAL MACHINERY Aril SLIPPIER
TO ASSIST IN THEW *OWN TIRAI °PEW -IONS A COHE*EIINIION 01 MISCELLANEOUS AGECLLIUTAL JAHAALN 01110
PILMRICESA VISUALUSPARIIF EIWEEG RUING AFDUIIMN AREAS OF TIE COMITY =NON OSO5 101 CRS PROUDER NT AN
ADIICOIUMl OPERATION SHALL ROI BE FOUND TO DE A RABIC CO MEAN NL,2ANTE IF NNE 0411011414000 OIFINIILIN
ALLEGRO TO E A NUISANCE EMKOY0 1AETHOO5 ON 0NCICES THAT ARE COMMVLY UA NEASOWBLY ASSOCL1IED VAIN
AGOCULTOVE PROOU0110H
WAI ER INS BEEN AGO CONIIALS TORE THE LIFELINE FOR 111E AGMLIAl1R. COMMUNTY, R IS 000EALISI41 10 ASSUME THAT
ORGIES AND RESEINORS 1101'.U1_T 1e 017.1 1 12 0 .11 12 V:.C 11 Iv, 1 W MEN MOAG 10 Ii•
COUNTY IN0N0TY VA1RN. MA.I REMOVES 41-.1MU. 1 11MAVE TIC, 4'+!•11 IMIA"W'ATRI.NTI 11UL1. N 1.FTr1El4 T MC, 01 .AAfS GAI
O 0 ;1I'IIIUF.Il10 ; UCCA'S 111r'AN NCEPLIN:a110"NAM 101111'WA1111
KILO COUNTY COVERS A LAND AREA OFA PEOEANIELY FOUR THOUSAND MOON SOME I NES W BEE (ILHCE 1FE SCE OF THE
STAIE F DELAWARE) VAIN MORE CON RANEE 11E1SAM1 EVEN NL.TIOED 13,1404 MILES Of SIAM AND COUNTY ROOK OU1S10E
Of MUNICIPALITIES RE Si EEO MAGNITUDE OF NNE AREA TO DE REMO S11ETOES AV4U5IE RESOURCES LAW ENFORCEMENT IS
D SHI ON OEL ONSE5 TO COMPLAINTS MORE OUR ON PATROLS OF EE COUNTY AND 11E OLS1NNCL41NeCH MUST BE TRAVELED
MAY CEUY ALL EMERGENCY RESPONSES, INCLUDING LAW ENFORCEMENT AMBULANCE AND RITE ESE PEIECIIOV IS MONEY
PROvi0E0 DY VOIM1EERt SAID MIDI LEAVE HIED 4001 ANU CAMUES TO IEBON' TO EMERGENCIES. COUNTY GRAVEL ROADS,
AO IMPIER HOW OFTEN 111EY ARE BLADED HILL NOT RUONOE TIE SAE OIW OF SUMACS S EXPEC!ELL FILM A P41E0 ROTA. SWAY
REMOVAL PN0P1NRS MEAN THAT ROADS FROM SUBDIV SOAR TO NIT ENAB MAY NOT BE CLEARED FOR SEVERAL DAYS MICR A
PAM SNOWSTORM SEANCES IN MINA AIEV W NANCY CASES HILL N01 BE E W NNEN1 TO 01180P41 SE0ACE5 RURAL
MELEE. IASI ST REGESON. RE MORE SEL FSUFFICEM MIN URBAN ',YELLERS
PEOPLE ME EXPOSED 10 'AFFERENT WARDS W THE COUNTY IRAN IN AN.1EN1 Oi •A,P.,RSA. SETTING_ FARM E1 0050.HT AND
OIL FELTI EOOPMEM 0151 ANO IRRIGATION D11G1111L ELECTRICAL POWER FDA RUMPS AND CENTER PIVOT OPEIM710
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EXISTING ROAD
EXISTING PROPANE TANK
EXISTING LIGHT POLE
EXISTING STRUCTURE
EXISTING CONCRETE
DIRECTION OF FLOW AND SLOPE
TRAFFIC CIRCULATION
PROPOSED TREES
COLORADO CULTIVARS USA, LLC
USE BY SPECIAL REVIEW USR19-0015
LOT A OF RECORDED EXEMPTION, RECX17-0186; BEING PART OF THE S1/2 NE I/4 OF SECTION
32, TOWNSHIP 7 NORTH, RANGE 64 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO
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SHEET:
USR-2
111 AGPROfessionals
DEVELOPERS OF AGRICULTURE
Application
Weld County USR Vacation
Prepared for
ECO Properties LLC
Use by Special Review Vacation Application
Planning Department Use: Date Received:
Amount $ Case # Assigned:
Application Received By: Planner. Assigned:
121 Complete Vacation (Revokes the USR/SUP/CUP.)
O Partial Vacation of a USR. A Partial Vacation USR map is required. The boundaries of the USR must
match the property boundaries.
Property Information
Case Number/Title of USR to be vacated/partially vacated: USR19-0015
Site Address: 36679 CR 53
Parcel Number 0711-32-1-00-006
Parcel Number: 0711-32-1-00-005 _ _ _
Legal Description: Lot.A REXC17-0186
Section: 32 , Township 7 N, Range 64 W
Property Owner(s) (Attach additional sheets if necessary.)
Name: Eric Greene
Company: ECO Properties LLC
Phone #: 970-231-2141
Email: egreene140@gmail.com
Street Address: 1298 Main St Unit A
City/State/Zip Code: Windsor/CO/80550
Applicant/Authorized Agent (Authorization form must be included if there is an Authorized Agent)
Name: Hannah Dutrow
Company: AGPROfessionals
Phone #: 970-535-9318
Street Address: 3050 67th Avenue
Email: hdutrow@agpros.com
City/State/Zip Code: Greeley/CO/80634
(We) 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.
Signature: Owner or Authorized Agent
Hannah Dutrow, AGPROfessionals
Print: Owner or Authorized Agent
/ I )2t4
Date
Signature: Owner or Authorized Agent Date
Print: Owner or Authorized Agent
04/24 3
■ AGPROfessionals
DEVELOPERS OF AGRICULTURE
Authorization
Weld County USR Vacation
Prepared for
ECO Properties LLC
`' .E.§2
COU. T
I, (We) ECO.Prbperties,.LLG
• DEPARTMENTS OF.PLANNING: •
BUILDING,, DEVELOPMENT REVIEW •
.:AND ENVIRONMENTAL HEALTH
- • .1402 NORTH.1710 AVENUE: :
: .00 BOX'758 :.
• GREELEY cO.1.130,632 ; :.
.AUTHORIZATION FORM
give permi§lion to AGPROfessionals
• ;(Owner —please print) : (Authorized.Agent/Applicant-please print)
to apply foil any :Planning,: Building; Access, Grading or:OWTS.:permits on our behalf,'.forthe propertji
located at (address orparcelnumber) below.
•
Parcel no. 071132100006 & 071132100005
Lot A of RECX17=0186 32 07 64
Legal Description: .: :'of Section • ,.Township 7. N, Range,
Subdivision Name:,... L'ot ;Block"
Rrop'erty Owners Information:
Address:
1298:Main:St. Unit A,• .Windsor; CO 80550;
• :.
'.. egreene140@gniail.com
: E-mail:•...- :... � - .. •... •
970-231=2141
`Fhorie: -��.:
;Authorized.Agent/Applicant Contact:lnforrnation',
3050.67th: Avenue,•Greeley:, CO 80634
:. Address:.:
Phone
97.0-535-9318
> . .
.NDUTROIN@AGPROS.COM
EMail:�... .. � � �•
Correspondence to.be-sant to:. Owner Authorized_A.gent/Applican
::Additional Info:'..'
I (We) hereby . certify,
under penalty. of :perjury=and after•'..carefully readingthe entire contents of:tflis ; .. •
document; t he information stated above istrue.and.;correct to the best of my . (our) knowledge.'.
Q 2
bate Date
Ow Sign- ire . • Owner Signature_ i
Subscribed and sworn,to before me; this ,day of •!to) u'.6f
My commission expires ltlr.
07/22
ublic "
'LAUREN,RENAE, MOSER.;
;.≤NOTARY PUBLIC';.-
STATE OF;COLORADO;
NOTARY.I D -.2023400491 t
;MY C0MMISSl0N EXPIRES.FE0RuuRY e20.
Colorado'
Secretary of _Std
Colorado Secretary of ,State
ID#:20231860944
Document #:20231860944
Filed on 08/22/2023 03:21;8 PM
Paid: $50.00
Articles of Organization ,for•:aLimited Liability Company
filedpursuant to § 7,90-30 and § •7-80204.of the Colorado Revised ;Statutes (CRS),
The domestic entity name of the limited liability company is • ' ECO•Properties LLC
The principal offce street; address is •1298Main • StUnitA
Windsor.CO 80550 :
The principal office mailing address•is 1298 Main St Unit A :.
..Windsor CO 80550 •
.US
The name of the registered agent is Tabert Law
• The registered agent's street address is 1635 Foxteail Drive
I,dveland CO ..80538
us -
The registered agent's mailing: address is 1635•Fortrail Drive
Loveland"CO. 80538 ' . • . .
•..
:. .
The person above has•agreed to•be appointed as the registered agent for this entity.
;Tile management•of the iiiinited liability company, iS vested -in Managers
.There is atl'east.one member of the coiripany.,-
iPerson(s) forming the limited liability.:company
Place Facility LLC
1298:Main Street Unit A
Windsor:'CO 80550 •
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 be delivered foe filing, taken inconformity with' the requirements of part 3 of article 90 of tide 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'its :.
the document are tme and the document complies .with the requirementsof that_Part,-the:'c. onstituent documents, 4tict the. organic
statutes. • •
This perjury. notice applies to each: individual who causes this document to be delivered to the. Secretary :of State, -whether or pot
suchindividual is named ie the document as one who has;causedit to be delivered.
Name(s)and address(es) of the individual(s).causing.the document to be delivered for fling`
Jodi Tabert`
1635 Foxtrail Drive
.Loveland538 '
ps.••. ....
OPERATING: AGREEMENT
OF
ECO PROPERTIES LLC,
a Colorado Limited Liabilrty:company.
AliNst.22, 2Q23
E.CO:PROPERTIES "LLC
OPERATING; AGREEMENT
This Operating Agreement:(,,`Agreement") is entered into as of this"22nd day;ol August.
between and, intone Place Facility,, LLC, John Abeare, and:ECO_Prgperties LLC.
:Explanatory Statement,
The :undersigned parties :have agreed toorganize..and operate. a limited liability company in
accordance thc; terms of,.'and subject to the conditions set fort} 'in, ih'is AgrecmeriI
`THEREFORE, for.good_and valuable consideration, the* parties, 'intending legally to. 'be
:botind,, agree as follows:'
Section I
Defined Terms
'The'• following capitalized- tends shall_have 'tl d meanings' specified In this, Section I. Other teffris
are defined' 'in the text' of this Agreement;, and, throughout this Agreement,:those-=terms shall have: the
meanings_ respectively. ascribed to them.
'Act Means : the Colorado Limited Liability Company Act, as':amended from time to:'titne,
' A 7iute" means, with respect to any M:entber;'any Personl''(i) which owtts_directly,or indirectly
:More than 50% ;of the, voting interests in ,fhe Member or (ii) in 'Whitt) 'the, Member :owns. directly .or
indirectly .more than 5.0..%0 'of,;the voting interest.s, or_;(tii) iri `which' ittore ,than 5091 of the toting;:inte.rests
ate. osvned,.by.a Personywho has;a relationship. with the Member_ described in clause-(i):or (ii) above.
-':Agreemeni" means tthis.Agreement, as amended froto time to tiine.:
'Capital Accototi :means tile♦=account maintained by tlie-Company for'each ;Interest 14(0,16 64.
accordance with the following provisions:
(i) 'Interest Holder's Capital Accoulit shall be! credited with the' `Interest Holder's;
•Capital Contributions, the 'amount of: any Company,'liabilities assumed by the Interest Holder (or .which
'are secured by Company property distributed to the Interest Holder), the Interest Holder's allocable share.
of Profit.and any item in the_ nature ofancoine _or gain specially allocated to::such interest Holder pursuant
`to the provisions 'of'Section IV (other than Section4;).3),_ and
(ii) an Interest Holder's ;Capital Account shall bedebited with the amouni Of money and
'the fair Market .value of any 'Compaiiy property (distributed to the Iiiterest Holder, the Interest' Holder's
allocable Share, of Loss, and.any item in the. nature of expenses or losses: specially. allocated to the Interest
;Holder pursuant to the provisions of Section. IV (other -than Section 4 3.3).
'fatly Interest- is -transferred pursuant ,to the' terms of this. Agreement, -:the transferee shall succeed
to the Capital Account of Ole traiisferor.to the extent [lie Capital Account is attributable to' the 'transferred
Interest. It is intended.. that the Capital Accounts ofall Interest Holders shall be nlaintauted Jiycbriipbgrice
with the provisions ofthe Code and Regulations.
2
Ca i(ci/ Conti'ibstioir' means the total amount of cash and the fair'market value of any either
•assets contributed (or deemed, contributed under the Code. and. Regulations)' to use Company 'by
Member, net of liabilities assumed ortO:which the assets are,'subject.
Cash: 'Flow"means all .cash. funds :derived from operations of the :Company {including -interest
;received ;on reserves); without reduction for any tide ash charges, hitless cash fundd to'pay current
operating expenses and to pay or establish reasonable reserves for future': expenses,: debt payments;: capital"
improvements, and replacements as• determined by; the .General Manager: Ca_ sh'Flos shall "be ;increased,
by the reductto"n of any reservepreviousty' established.
means; the lnternal Revenue .Code of J§86, as amended•, rot corresponding prosnsion
of any_succeeding law
''Co"mpajt means the" litnitedlrabitity company orgai nzed in accdydape. with tl is,_Agreement..
=`CSOS ':means the Colorado:Secretar-of.State
"General,Maisager":is the:Person designated as such in Section V hereof,
Interest Holder' :means -any Person who holds_ a "Membership Interest;;whether as a Member or
as an unadntitted assignee of Member:,
' lnvoluniaw Withdrai,'al"-means, with respect to ;any 'Member, the ;occurrence of 'any of'the.following events:
(i) the Meniber•makes an assignment for the`benefit of creditors
(i)'the-Mentber; :files a voluntary petition Hof bankruptcy;'
(to) the,Member is adjudged' bankrupt or insolvent. or there is entered';against-the Member an
order for relief in any bankruptcy or insolvency proceeding;
(iv) ;the Member files a petition seeking for .the. Member ;any .reorganization, arrangement,
,composition; readjustment, liquidation, dissolution, or similar relief under any statute `tam, or regulation,'
(v) the Member -seeks, consent's to, or acquiesces in 'the appointment of a 'trustee -for, receiver for,
;or,liquida'tion of the. Memberor ofall or any substantial part of the Member's properties;
(vi) the .Member files an answer or other pleading admitting or failing; to contest. ihe material.
allegations of a petition filed against the Member in any proceeding described in Subsections (i) through,
(vii) any _proceeding against 'the Member seeking reorganization, arrangement, composition,,
readjustment, liquidation, dissolution, or similar relief,under any statute„ law, or regulation, .continues for
onehundred twenty (120) days after. the.commencementithereof, orthe appointmentof. trustee, .receiver;
or ligtiidator for the' Member .or all or ajiy substantial part of';the Member's properties. without the
Member's 'agreement ,or acquiescence, which -appointment, "is not; vacated or stayed. for ;one hundred
twenty (120) days or, if the appointment is. stayed', for one hundred tss'enty (120) days after the expiration
of the stay during which period the appointtttent is not. vacated;
�3
(viii) -if the:Meiiiber is an individual, the Member's death or adjudication'by a Court of conspetent
jurisdiction as incompetent to manage the Member's`person; or property
(ix) if the ,Member'is acting as a Member by virtue of'beiitg: a trustee of a trust; the termination -of
the trust;
(s) if the ,Member 'is a partnership or limited' liability company, the _dissolution and',
commencement of winding up of the partnership hr liihited'liabilitycompany;
(xi) if the Member is a corporation, the dissolution Of Pe corporation pr the :revocation_ of its,
charter;
(xti)'ifthe Member is an estate, theslistribution by the f;duciary of the estate's, ;entire interest in
the Contpany;:or
(xiii) material;,uncured breach 66 110 the Member.
- Mayoritj' in In esl ineans,Mhmbers holding more than, ifty pereent.;(50%0) of.the Percentages
then held_ by; Members..
"Mesa et means each Person _signtiig 'this. Agreement and any Person who "subsequently 5s
admitted as;a member;of the Company.
`'Membership /nterest" means a .Persons_ share of the Pratt's and Losses of, and the :right. to
receive distributionsfrom, the Company,
"Membeislrip Rights" means allof the: ,rights of a lVl`einb:er' in the Company, inclildiiig a
Member's:, (i);Membership `Interest, (ii), right'to inspect the. Company's books. and records, (iii) 'nghf. to
participate in the .management 'of and;vote on,matters coming before. the Company,, and (iv) unless this.
Agreement or the Articles of Organization .provide.'to 'the contrary,: tr-ight 'to, act at, :an agent of.the
Company,:
Negulive Capita!'Acco►tsrt." means a Capital Account with a balance of less than zero:.
' P,et-cetstgge"' means, as to a Member, "the percentage set forth after the 'Member's" naive on
:Exhibit A, as amended from .time to time, ,and as to an Interest: Holder who is ;not a :Member, the
Percentage of the Member whose- Interest has been• acquired by such Interest Holder; to the 'extent the.
Interest Holder has succeeded to that: Member's' Membership Interest.
"Person "meads agd includes its individual, corporation, partnership, association, limited liability
company, :trust; estate, or other entity.
Positive Capital Accoutst Means a Capital Account with a balance greater than zero.
"Profit" and "Lass' mean, for each taxable ,year of the, Company )or other period forwhich.
Profit or Loss must be computed) the Company's -taxable income or loss, detennined'in accordance 'with
Code Section 703(a) or other applicable Code provision, and including proper adjustments. made
accordance with applicable lash.
4
"Regulation ° 'the, income tax regulations, including, any temporary regulations, from time
to time promulgated bride!. the Code.,
RCstgoattoii" ti]eans a Member's dissociation With the Company by means other. than a Transfer
or an tmroluntary. Withdrawal.
'''Transfer tiseans,'when used as; a noun, any voluntary sale'hypothecatiion, pledge,. assignment,.
attachment, or other transfer, and, when used as ;a verb, means: voluntarily to .sell, hypothecate,, pledge,
:a ign, or otherwise transfer.,
Section `I1:
:Formation and Name;,Office;-Purpose; Term
2 1..Organization. The parties lier_eby,organize a limited liability company pursuant to the. Act:
and The .prov'isipns of this Agreementand, for that _purpose, have _ -caused -Articles' of .Organization. to be.:
prepared,_executed and filed for record with the CSOS on August 22, 2023..
2.2 IVaii e .of the _ ontpany: The name of the. Company shall ;be ECO Properties LLC The
;Company may do business under that name: and under any other name or names upon which-the.Gerietal
Manager-. selects. If the Company does business, under a name other.than 'that :set :, forth in its Articles of
Organization then the Cotiipariy shall f le a trade :4- 0.1,0 or assumed name certificate as required by law,
2,3: Purpose. The 'Company is organized: to. real -estate:' investment services, to carry :out any'
other .Iawful purpose under the Act and 'other apphca6le law and- ;to do any. and all laWfu.l things..
necessary, convenient,;or.inc dental to these purposes.: -
2 4, Principal:Offtce. The principal'office of the Consp.qityin the State ofC.otorado `shall be;
located at 1298 Main Street, Unit A, Windsor, CO 80550,, or at:any other place witlsin site State of
Colorado that the General Manager selects.
2.5. ,R:egistereclAgent. The naive and- address of the Company's registered :agent in, the. State of
Colorado shall be Tabert Law, 1635 Foxtrail Drive, Loveland, Colorado 80538,
2.6 .Mentbeis. The name, present mailing addr ess, taxpayer identification number arid Percentage
of each Member are Set forth Qn EXltibit A.
Section III
Members; Capital;':Capital Accounts
-3`.1. ,/tuba/ Capiial 'Contributions. Upon the execution .of. this Agreement;,',the .Members shall
'contribute to the Company cash in the amounts respectively.set forth on E hibitA,
3.2.,Additional Capital Contributions.
3.2.1,. If a .Majority ;iii Interest at any tine or fromtiiiie to time determines that the
Company requires additional Capital Contributions, then the General Manager shall give notice to each
Interest Holder .of (i) the total amoiint of additional Capital Cotlti`ibutiOnS required, (ii) the reason the
additional Capital .C.ontribution is required, (iii) each Interest Holder's proportionate share of the total.
5
.additional Capital. Contribntion (detennined in accordance with this Section), :and (iv) •the- date each
,Interest Holder's additional Capital :Contributionis' due and payable,, which date shall be thirty (30) days
;after thenotice has been iven_ An Interest : Holder's -_ _ g_ proporttoiiate, share of, the total 'addittorial Capital
Contribution shall be equal to the product .obtained by multiplying. the Interest Holder's Percentage 'and
the total .additional Capital Contribution required. An Interest,' Holder's proportionate share ;shall be
payable in cash'or by certified, check.
.32.2. Except as' provided in Section 3.2.1,., no.!Interest Holder shall *be required, td
.cohtribate any 'addtttonal_capital to theContpany, and,no Member shallhave any personal liability for�any
obligations .of the Company..
3.2.3. 'If an 'Interest: ;Holder fails, to pay ,svheir. ;due- .all or any portion of any Capital
Contribution; 'the General Manager shall. request the nondefaulting Interest Holders to pay the ..unpaid
amount: of ,the- defautting Interest Holder's Capital Contribution ;(the "Unpaid ContijbUttori")" To, the
extent 'the Unpaid 'Contribution is contributed by ,any other Interest -Holder, the defaulting 'Interest:
Holder's 'Percentage shall be reduced .and the Percentage of each Interest Holder.'who makes:up the
Unpaid Contribution shall be increased, so, that jeaCIS Interest Holder's. Percentage is equal to •a, fraction,,
the numerator of which is that Interest H'older's .total Capital Contribution and -the denominator of which
is the total Capital Contributions of all Interest Holders. The' General Manager shall amend Exhibit :A,
accordingly.. This remedy' is invaddition to:any other"remedies allowed bylaw or by this_ Agreement:
3:3: Ado Mier eit oit Capita! Conk ibottons. Interest Holder`s shall not be paid, interest' on their
•
Capital Contributions.
.3:4. Retina of Capital Contributions. Except as other viii provided in this 'Agreement, ho Interest.
Holder; shall !save the right to receive the return of any Capital Contribution.
-3.5. Forts of.Relt/rll of Capital. If an. Interest -Holder is entitled "to receive a return Ofa .Capital
Contribution, the �ontpany may distribute:cash, notes, property, ora combination thereof td the Interest •
Holder In return of the Capital Contribution,
36_ Capital Accounts. A separate' Capital .Accourtt;shall_ be maintained for each Interest. Holder.
'3.7. Loans. Any:Member may,, at any time, make or.cause a loan tobe: made to 'the. Company its
any amount and op those terms upon which the Companyand the Member, -agree...
Section IV
Profit, Loss, and Distributions
4.1. ,Distr•ibutiots of ;Cash Flory. Cash Flow for •each taxable year of the Company shall be
distributed to the Interest. Holders its proportion to their Percentages no later than severityfive(75) days
after the end of the taxable year.
4.2..A/location- of Profit or Loss. After giving effect to 'the special allocations 'set forth in Section
4.3 for any, taxable year of the Company, P rofit or Loss shall be allocated to the Interest Holders in
proportion to. their- Percentages.
4.3. Regulatory ,Allocaiioits, The Company may make such regulatory allocations as deemed,
proper by the General. Manager, including without limitation allocations of losses, gains, income; and.
deductions, in accordance with applicable law arid this:Agreenient.
4.4:. Liquirlatioit and Dissolui` on:,
-4,4.1,.)f the Company is quidated; the assets of the Conipanyshall lie distributed to the
Interest Holders in accordance with the: balances ;in their respective. Capital .Accounts,, after.'taking into.
:account the allocations ofprofit or Loss pursuant to Section 4:2, if any; and distributions, if any, of cash_
or property, pursuant-to;.Section 4.1._
4.4:2. No Interest HolderShall be obligated to restore a Negative:Capita-1 Account:
4.5: General.
4.5:1. Except as otherwise. provided in :this Agreement; the tiniing and amount of all
distributions shall be detentiined by the Members.;
4.5:2. All Profit and 'Lossshall. be. allocated, and all, _distributions .shallbe made,, to the
Persons, sliosvn on the records of the Company to have been Interest .Holders;, as '.of the IlaSt day 'of the
taxableyear:for which the allocation' or_distribution.s to be made„
4.5.3. The .Mcntbei s: are hereby authorized, upon the -advice of the: Company's; taz;
counsel, to attend this Article IV' to comply-with'the Code, and the Regulations promulgatedthereunder;,
provided,'however„ that no amendment shall materially affect distribu_tions to an Interest, Holder/w_ itho_ut.
the Interest Holder's pfipt written consent.
Section V
:Management: Rights, Powers, and Dunes of General Manager and Members
5.1. Management.,
;5.1.1. ,Ge,tei.oi. Manager,. The Cptiipany' shall be managed, by one or store General
Managers;, who may, butneed not, be a"Member. The General Manager may removed and a successor'
appointed by action of ,a . Majority ilt Interest. The General Manager may, iii the General _Manager's
discretion, appoint and renios'e one or more: Assistant General Managers to 'assist the General :Manager in
carrying out the duties set forth herein. An Assistant General Manager may ,also be appointed or removed
by .action; of a Majority in Interest. In the :absence of an instrument to the contrary Imliting the, scope of
.authority of an Assistant. General Manager;, an Assistant. General' Manager. shall have ;same :author'ity as
the General Manager. Tire General Manager and Assistant General Manager(s) may, by designation in
this Agreement or by action of the General Manager,' hold, additional` titles and offices, commensurate with
.their,responsibilities to the Company.. Eric Greene is hereby designated to :serve as the initial General
,Managers of the company.,
5.1:2. General Powers: The General Manager shall have 'fiil1, exclusive, and complete
discretion,. pourer, and authority, subject in all cases to '_the Other provisions; of this ,Agreement and the
requirements of applicable law, to manage, control, administer, and operate the business and affairs of the
Company for the purposes herein stated, and to make .all decisions affecting such business and affairs,
including, without limitation, for Company purposes,• the power to
5:1.2.1.. acquire by purchase, lease; or otherwise,. any real or personal ,property,
tangible or intangible;
5.1.2.2. ,constnict, ;operate, maintain; ;finance., and improve, and to- own, ;sell,.
convey„assign, mortgage; or lease any -real estateand any personal., property;
5.1.2.3.. sell, .dispose,trade, or exchange Coo pang assets in the ordinary 'course
of the: Company's :business;:
5.1.2.4. enter into agreements and contracts and fo give receipts, releases, and
discharges;
properties_aiil Business;;
'borrow money for and on behalf file Company;, and, in -connection'
'therewith,:eiecute ar d _deliver instntments authorizing the confession 'of judgment against the, Company
'5,j 2:7: execute of :niodity leases with respect to :any part or all of the assets of
the CoiTipany;:
f._
5.1,2.5. purchase- liability and other insurance to protect the Company's;
prepay, in Whole' or ip part, refi ante, amend, :modify; or .extend any
mortgages or deeds -of trust which may affect any asset of the .Company .and 'in. connection therewith to
execute for ,and on behalf of the Company any extensions, renewals ;or;modifications of such :tnfortgages
Of deeds' of trust;
,29. execute any and ,all other tnstruments' and documents which May •be
necessary or in =the opinion of the General' Manager desirable to, carry out the intent and purpose of this
Agreement;. including, but not limited to;, documents whose operation and effect extend beyond the ten_n.
of the Company;
5;1.216: ?make :any and ;all expenditures !Which the General "Manager, ;in the
General 1Viaitager's discretion, ;deems necessary or appropriate in connection With-tlie.managetiient of the.
affairs, of the. Company ,and the carrying out of its obligations and responsibilities ,under this. Agreement;
including, ,withoutlimitation, all legal, accoaiiting and other related. expense s, incuired iii connection With
the organization, financing and operation of the Company;
5.1.2.1 1. enter..thto, any kind of activity necessary to, in connection With, or.
incidental to, the accomplishment of the purposes of the Company;°and.
5.1..2,12_ ins'est and feitrvest Company reserves• in shorttenn instruments or '
:money market funds.
5.1 3.. Etlraordinaiy Transactions. Notwithstanding anything .to the contrary in this'
Agreement; the General Manager shall not undertake any of the following without the a1Sp"roval of a
Majority.in Interest:
5.1.3.1. sale of all or substantially all of the:Company's assets;
5.1.3:2. amendment of the articles of organization `or of this Agreement;
8
5'.] 3.3;•the admission ofadditionat Meti bei`s to' cite Company;
5.1.3.4. .the. Company'.s engaging in businessin any jurisdiction that does not
'provide: for the registration-ofhpih.od liability companies;
5.1,3.5. the Company's decision to provide notice, to a Member of .such,
:Member's uncured material breach of the,Agreerrient and Involuntary Withdrawal. finds the Company.
;5,1.4 Lim iuiioo nit Au thoritjy ofMeinbers..
• .11.4:1', No 'Member_ is an agent of the Cotispany' solely `by. ,virtue of being .a
_Member, and to Member has _authority to act for the Cotnpapy 'solely by virtue of being'a Member.;
5 ;4:;. Arty Member vvho takes any action .or binds'. the Company in violation _o'
this Section_5.1 shall be'solely responsible for ally loss and expense incurred by the Company as a result
of the unauthorized action and shall indemnify. and hold •the -Company harmlesswith respect to the loss_ or-
ez erase:
Meetings sof aitd Voting 'by Members,
5..2.1. An, annual :meeting shall: be held at such time and place as the ,General Manager
shall fin. Notice shall be given to the Members iil accordance with Section -5.2:2.
3.12. A meeting of the Members may be called at 'any lime by the General -Manager or
by those Men hers holding at least this percent (10%) .OO_0 Percentages then held by Members, Meeting's`
of Members shall be held at the Company's•principal place of business or at any other place designated by
the Persons calling the meeting: ,Not less than ten (10) nor more than fifty (50) days before each meeting;
the Persons•calling the meeting shall giYe written notice:oftiten eetingto each member ' entitled to, vote at
the: meeting. The notice shall state the time, .place, and purpose of the meeting. Notwithstanding the
foregoing provisions; each; Member, who is entitled to notice notice if before -of after the meeting
the Member signs •a waiver of the notice which is filed with the i .ecor.'ds of :Members' , netings or
present at the meeting in person or, by. prosy and, fails to :object to the lack of notice. Unless ithis'
Agreement pros'ides otherwise, at a meeting of Members, the presence in person or'by proxy of Members
holding more than fiftypercent (50%) of: site_ Percentages then held by Merisbers constitutes -a quorum. A
Menthes may vote either'iii_pers.on, or by written proxy signed by the Member or .by'the Member's duly
authorized atfomeyinfact.
Escept as ;otherwise provided in this Agreement, the affirmative vote of a Majority •
in Interest'held by Members present at a meeting at whieh,there'ii a quorum shall be required' to approve.
any matter coming before the 'Members. '
5.3: -Personal Ser-,ires
;5.3.1. No Member shall be required to person» services for the Company solely by virtue
of being a Member. 'Uponapproval .by the General Manager, a Member may perform services for the
- t
Company' and shall be entitled to compensation therefor.
The: General Manager shall be entitled to compensation for services performed for
the Company and reinibursemeot for expenses reasonably incurred in connection with the activities of the
Company as a Majority in Interestshall approve.
9
5.4. Duties,.vfParties..
A General Manager elected pursuant to this, Operating Agreement shall !perform'h s
.or her duties. as a manager in good .fatth,'_iit a `manner he or slie reasonably 'believes `•to be in the best
intet:esis of the limited liability company, :and ivi'th !such care as an ordina5ily prudent person in. a like
position would use under similar circumstances. A "Person:who so:perfonns`his duties shall pot have.any,
liability by reason of being,:or having been .a: General Manager of the Company.;
,5A.2 2 Nothing, in this Agreement shall be deemed to restrict to any way the rights of. any.
,Member; *or of any Affiliate ofany Mcinberr, to conduct any other business or activity whatsoever, and no
'Member shall be accountable to the Company or to any other Member with ,respect to that :business or
activity even if the business or activity competes with the: Company's business: The organization of the.
:Company shall be without prejudice'to• the Members' respective .rights'(or the rights .Of their respective
Affiliates) to: maintain, expand,. or diversify such other' interests and .activities 'and, to receive and enjoy
profits or compensation, therefrom; Each'Meinber wajy s.my eights the Menibe`r; Might :otherwise have to.
'share or participate in:such ,other interests or activities of any other Mettsber or the_ Member's Affiliates.
5;;5: Liability arzrllisdesso fca io»._
5.5'_ 1., The General Manager shall ',nut be_ liable, responsible, or :accountablle, in damages
or otherwise, to any Member,or tothe. Cot»pa ay for any -act performed by the General Manager Within the:
scope of the authority conferred- on the .General. Manager ',by this Agreement, except for actions or.
omissions constituting fraud, gross negltgetice, or an intentional breach of this' Agreement or applicable
5 5.2. The ;Company _shall tndeii tiify. the "General Manager' and .any. Member, as.
applicable, for any act performed by the General, :Manager or .Said Member within the scope of the
authority "conferred" on the .General Manager or ;said Member by this:. Agreement_ or by action of the
Company, except for actions or omissions constituting, fraud, gross negligence, or, an. intentional breach of
this Agreement or applicable law. The Company shall promptly :notify the Members whenever the
General Manager or,a Member has been so indemnified by the Cor ipany.
Section VI
Transfer of: Interests; and Withdrawals of Members.
6."1., Transfers. No Member .may Transfer:all, .or any portion of; or any interest or rights to, the
Membership. Rights owned by the'Mei fiber,:and no Interest Holder may Transfer all, Or any "portion ;of; or
any interest or rights in, any Membership Interest,, except as specifically approved by vote of a Majority
Interest, and upon the transferee's agreement to be bound by all of the provisions of this ,Agreement, as
amended from time to time. Each Member hereby acknowledges ;the reasonableness" of this prohibition in
view of the ,purposes Of the Company and the relationship of the'Members. The Transfer of any
Membership Rights or Membership Interests in violation of this prohibition shall be deemed invalid', null.
and void, and of no, force or effect. Any Person to" whom Membership Rights are, attempted to be
transferred in violation of this Section VI shall not be entitled to vote on matters coining before the,
Members; participate in the. management .of ahe Company, Oct as'an ,agent of the Coinpany, receive
distributions hoist site Company, or have any other rights in or with respect toavlembership Rights.
6.2. Resignation.: No Me istier shall have the right or power to resign from, the Company; except
as -otherwise provided, by this Agreement.
10
;6.3. "Voliitary Purchase and Sale 'of a Member's Intel est. Any Member ("Acquiring Member")
may offer in writing to. purchase 'the entire' interest of one or more other Members (each, ;a "Selling
Member"). The offer from the.Acgairing Member shall be an offer to purcliase',`but.any Selling Member
to whom the offer is made shall 'have the option to consider the offer either as an offer lei purchase the
Selling Member's interest or as an offer to 'sell the interest of the ACquirint Meniber.for the price per each
percentage interest in the Company, owned set forth iii the Acquiring 'Member's offer. The ,Selling -
Member -to whom the offer is made "May in ss' iting accept the offer to sell or accept the; offer :ro=purchase
the interest of the. Acquiring Member.' If more:than one Selling Member to whom an offer. was made
;elects -to purchase the Acquiring ►vlember's, interest in 'the Company, the purchase Shall be ?allocated
,among the Selling .Members iri proportion `to their respective ,existing interests in the, ;Company. If any
Selling Member- accepts theoffer to purchase all of the Acquiring Members' interest,: then the: total
'purchase, price shall be: in :proportion to the price Offered. by the Acquiring Member for such Selling
Member's; interest. The Selling, Members ito whom the offer is,niade shall have: ten days (10). days after
written notice of the :offer is received to. accept ,in:writing. If any Selling Member does not notify in•,
writing the Acquiring; Member _lvhether the setting' Member is b iying or selling within such ten (10) days,
:then it is ,deemed_ that the Selling Member accepted the offer by the Acquiring Member to purchase the
interest of the Selling Member. ,Upon the written election"of the' Selling Member, use purchaseprce;for.
;any interest purchased under this Section shall be paid. for on the, . termsand conditions :set forth in the
offer:made bythe Acquiring Member.,
6,4. B,rr}goal iii Es'erzt oflnvolirniaiy iVilhdra.ioal.
6.4.1,.. If the Members elect to continue the Company after an 'involuntary Withdrawal,
the withdrawn Member shall be:deemedto offer for sale (the."-`Witlidrasval Offer") to•the Company'all of
the Membership Rights: gowned of record ,and beneficially by the withdrawn Member ;(the "Withdrawal
iti.terest")_,
6.4.2. The "Withdrawal, Offer shall lie and remain` irrevocable for' 'a 'period .(the.
"Withdrawal Offer Period") 'ending at,.1 1:'59P.M., local time at the Company's' principal office on the,
sixtieth (60th) day following the date the Members elect to continue the Company. Al any time during the
Withdrawal Offer Period, the Company may accept theWithdrawal Offer by notifying the_ withdrawn
Member (tine "Withdrawal Notice") of its acceptance: The withdrawn 'Member shall notbe deemed a
Member for the purpose of the vote' on whether the .Company -,shall accept the Withdrawal Offer,
6.4.3. If the Company accepts the 'Withdrawal Offer, .the Withdrawal Notice shall fix a
closing date (the "Witlidrasm'al Closing Date") for the purchase which shall be not earlier= than tent (10) nor
'later than sixty (60) days after the expiration -of the Withdrawal Period.
6.4.4. If time:Company ,accepts the Withdrawal Offer, the Company *shall purchase the
Withdrawal Interestfor a price agreed upon by the parties .and set forth in the Withdrawal Offer, or, if the
parties cannot otherwise agree upoim a price, .a price equal 'to the amount the withdrawn 'Membdf`wouldl
receive if the Company were liquidat'ed and as amount equal to the Appraised'Value were available for
distribution to the Members pursuant to Section 4.4 (in either case, the "Withdrawal Purchase Price`').,
6.4:5. If the Company fails to accept the Withdrawal Offer, then the withdrawn Member
or the withdrawn Member's successor, as the case may be, upon the expiration of the 'Withdrawal Offer
Period, thereafter shall be treated as the unadmitted assignee of.a Member
6.5, Appraised Value. The term "Appraised Value" means. the appraised value of the equity of
11
the Company's assets as'hereinafter provided. Within fifteen (15)'days after demand byeither'one'tothe
other, the Contpany and the withdrawn Mentber;shalt appoint jointly an appraiser- to detcrniine the value
of the equity of the Company's assets, :less liabilities and all costs of liquidation: If the parties cannot
'agree upon an appraiser; each party shall select.an appraiser, and.said two appraisers sha11 choose toge)ier
a third appraiser. Said third' appraiser alone shall appraise. the Company's Assets and determine.the'value
of the equity therein, and shall render a written report of his opinion thereon,. which. 'Shalt be binding for.
'the purposes of this Agreement, The fees and other costs _of the.;appraiser(s) shall be shared eqoal(y by
.both parties. The equity, value contained in the aforesaid joint written report or Written report.:of the: third
:appraiser; as the case May be, shall be. the Appraised Vatne..
.6.6. Securities'Matlets. The Membership jnterests fin the Company (the "Interests") are subject to.
the restrictions on transfer and other _terms: and Conditions set forth in this Agreeniettt. 'The.tnterests''have
been acquired by the Members for investment only and save not been registered under.any state securities
laws.or under the United States .Securities' Act 'of 1,933., as amended.. Neither the interests nor any part,
;thereof May be offered for sale, ^pledged, hypothecated, sold, assigned or, transferred at .any tithe escept, in.
compliance with the terms and conditions of this Agreement.
Section VII
Dissoltition,, Liquidation, and
Termination of the Company
7. i E►%exits, of,Dissolrrhoo. The Company 'shall be dissolved Upon the happening;of. any of the.
following, events:
7.1.1. Open the unanimous written agreement of the Members; or
7,1;2. upon the death,. retirement, resignation, expulsion, -bankruptcy, dissolution or
Involuntary'Wtthdrawal of a Memberor-the occurrence of any other event which terminates the continued
membership of a Member in the company,. unless.,a Majority in interest of Ott ;rernaining.Members,
within ninety. (90), clays after- ,the event or; occurrence, elects to continue 'the business of the_Conipany:
7.d.. Liquidoting Trustee. If `the Company 'is' dissolved, the General Manager 'stall act as
liquidating trustee. The General. Manager shall liquidate and. redder. to. cash the. assets of the Company as
'promptly -as is consistent with' obtaining a fair value therefor and,'unless otherwise required by law, shall
apply and. distribute the proceeds of liquidation, ,as ss'ell as any other Company assets, ;first, to the
payment of creditors of the Company; including Interest Holders who are creditors, in 'satisfaction of ;the
liabilities of the Company; then to Interest' Holders in satisfaction of any distributions. Of Cash Flow or
Capital Proceeds; and then to the Interest Holders in accordance with Section 4.4.
7,3 Filing Of.StatOtnettt of Itttettt to: DrssolVe xiiid Articles of Disso__ltr"tioit. If the Company is;
:dissolved pursuant to Section 7.1, the.'General Manager shall promptly file a Statement of Intent to
`DissolveWith the CSQS,'if required by law'. After the affairs of the Company are wound up pursuant to
Section 7.2, the General Manager shall promptly esecute and file Articles of Dissolution With the CSOS.
If there is no General Manager, then the Articles of Dissolution shall be filed by the -remaining Members;.
if there are no remaining -Members, the Articles shall be filed by the last Person to he a Member; 'if there_
is neither a General Manager, remaining Meiisbers, or a Person who last was a Member, the Articles shall
be filed by the legal or personal representatives:ofthe Person wholastwas a Member.
12
Section'VIII
Books, Records; Accounting, and Tax Elections
8.'1. Bank Accouiiis. All funds of the 'Company shall be ,deposited in a'bank., account Or accounts:
opened in the Company's name. The General Manager shall .determine the. 'institution or institutions at
which the accounts will be opened and Maintained, the types of accounts, and the Persons who -will
authority with. respect. to the accounts.and the funds therein.
8.2. Books aitd Records. The General Manager shall keep or- cause to be kept completeand
accurate books andrecords of the Company and supporting documentation of transactions with respect: to
conduct of ;the Company's business The `books' and records shall be Maintained in accordance with
sound accounting practices and shallbe available at the• Company's-registeredoffice .for inspection and
copying_at the reasonable request, aid at the expense, of any mernber,during. ordinary business .hours..
83. Annual .Accounting Period. The annual accounting period of the Company 'shall be its
taxable year: The .Company's taxable year shall be' selected by the .General .Manager, subject to -the
requirements and limitations of the Code..
8.4, Reports. Within seveliiyfive (75) days after tbe.end of each taxable year: of the Company; the
General Manager shall cause to be sent to each Person who was a'Metriberat any time during the taxable
year then ended a complete accounting: of the financial affairs of'the Company for the taxable"year"thei
elided. •
8.5 Tar Matteis Punnet•. If aliplicalile, the General Manager shall be rt e Corrrpaiiy's tax matters
partner ("Tax Matters.':Partner"). The Tax Matters `Partner shall have all powers and responsibilities
provided in Code Section 6221, et seq.-The Tax. Matters Partner shall keep all Members informed_pf all
notices,from governinent taxing authorities that may come to the atteiittoii of the Tax Matters Partner. The
Company shall pay and be responsible for all reasonable 'thirdparty costs and expenses 'incurred by the,
Tax Matters Partner in performing those duties. A Member shall be, responsible for any costs incurred by
the.Merriber with respect to any tax audit or taxrelated administrative or judicial proceeding against..any
Member, even though it relates to the Company, The `Tax: Matters Partner may not compromise any
dispute with the Internal' Revenue Service tvithout.the approval bf a Majority in' Interest,
.,.
8.6. Tax Electio s. The. General Manager shall have: the authority to make all:Company ,election
ps'
ernirtted under the 'Code. 'The decision to male br""' not make an election shall'be ,at the 'General
`Manager's sole and absolute discretion:
8.7. Title to •Cdntjia.ny Property. All real and. personal property acquired by 'the Company shalt be.
held and, owned, and conveyance made, by the Company in its.name.
Section IX
General' Provisions
9: I . Assurat?ces. Each Member 'shall execute all 'such certificates and other documents and shall
do all such filing, recording, publishing and ,other acts as the General Manager deemsappropriate to
comply with the requirements of law for the formation and operation of the Company and to comply with
any laws, rules, and regulations-relatii g to the acquisition, operation, •or holding of the.property of the
Company..
13.
9.2. Notiftcaiians ,_Any notice, demand;. consent, election,, :offer, ap'prova1, request, or .other
conmttnication-(collectively a "notice")'required :or permitted under this Agreement must be 'in writing
and either delivered personally or sent by 'certified or 'registered: mail; ,-postage prepaid, return receipt
,requested: ,Airy notice to be given hereunder by tlie`Company "shall be given by the General Manager. A
.notice must be addressed :to. an interest Holder:at, the Interest Holder's last known address: on, the records
,of the.Conipany. A notice to the Company must be addressed to the Company's principal office. A,notic.e
._delivered personally will be deemed _given only when acknowledged its writing by the'person ;to whom it
is delivered, A ,notice that is sent'by mail will `.be .deemed :given three (3) business days after it is mailed.
Any party -May designate, by notice to all of the otliers,,'substitute addresses or:addressees for.notices; 'and,
'thereafter, notices are to be directed to those substitute. addresses or addressees.
9:.3. Specifi.e Petformatice'. The parties i'ecogtiize that'irreparable injury wilt result from a breach
of any provision of this Agreement' and that money damages will be inadequate to fully -remedy the injury.
Accordingly,. in 'the event of a breach, or threatened breach, of one 'or more of the .provisions of this
.Agreement, any parry Who.. may be.injured '(in' addition to, any oilier remedies which may be available to.
that party) shallbe entitled to one or more -.preliminary. or permanent orders (i) restraining and enjoining
anyact which would constitute'a breach or (ii) compelling the performance of any obligation which, if not
perforated, "would constitute a breach.
9.4. Coniplete.-Agreement: This, Agreeriient ;constitutes the complete and esclusive,Statement'o.f
the agreement among 'the Members. It supersedes all, prior written and oral statements, ,agreements _or
understandings ;including any prior represetitattoii, statenierit, condition, or warranty,Except,as 'expre"ssly
provided_ otherwise herein, this Agreement may: not be. amended without the written consent of>all of.the
Members,
9.5. Applicable -Lair'. All questions concerning', the construction, validity, and interpretation of this
Agreement and the perforniance of the obligations .imposed by this Agreement shall be:'governed by the-
internal law; not the law relating to'col flicts'of laws, `of the "state of'Colorado..
9.6 Secti'oit T/tles. The )headings herein are inserted; as a:matter pf conyeiiience only;. and do ;not
define,' limit, or describe the scope ofthis:.Agreement or the intent of the provisions Hereof:
9.7. Binding Ps-oirisio» s: This Agreement is binding upon, 'at0d inures to'tlie benefit of, the patties
hereto and their respective heirs/executors, administrators, personal and legal representatives, successors;
and permitted' assigns.
9.8. Dispute Resolution. Any :dispute, claim; or controversy arising 'out of or relating to th"is
:Agreement or the breach thereof shall be settled by`arbitration in Lariinet County„Colorado inaccordance
with the commercial .arbitration rules 'then obtaining of the American :Arbitration Association. The
arbitrator for any 'such proceeding shall be .a person with relevant business or legal esperience, mutually
agreed upon by the .patties to the arbitration., If "the parties, 'Cahrich. agree Upon' all arbitrator; each patty
,shall select_ an .arbitrator, and the arbitrators so selected shall:choose an arbitrator, who shall arbitrate the
dispute. The results of such 'arbitration tray be submitted, to any competent court sitting in Lariittef
County, Colorado, for appropriate enforcement.
9.9: Ternis. Common nouns and pronouns shall be deemed to refer to the masculine, feminine,
neuter, singular, and plural, 'as the identity of the.Person may in the context require.
'9.1.0. Seuet ahility of Provisions, Each provision of this Agreement shall be considered severable;
and if, forany reason, any provision or provisions herein are determined to be invalid and contrary to any
14
existing or future law, such invalidity shall not. impair the operation of or affect those portions of ;this
Agreement which are valid.
9.11. Counierparts. This Agreement may be executed simultaneously, at two or more counterparts
each of which shall be deemed an original, and all of which, when'taken together, constitute one'and the
same document. The signature of any party to any counterpart shall be.deemed a signature to;.and may be
appended to, any_other counterpart.
IN WITNESS WHEREOF, the parties, have executed, or caused this .Agreement to he exec used;
and seal, as of the date set forth'hereinabove.
John Abeare
15
IIIAGPROfessionals
DEVELOPERS OF AGRICULTURE
Statement of Taxes
Weld County USR Vacation
Prepared for
ECO Properties LLC
Weld County Treasurer
Statement of Taxes Due
Account Number R8952875
Assessed lo
Parcel 071132100006
ECO PROPERTIES LLC
1298 MAIN ST UNIT A
WINDSOR, CO 80550-7906
Legal Description
S2NE4 32-7-64 PT LOT A REC EXEMPT RECX 17-0186 EXC BEG EI/4 COR S89D39'W 295 65 N89D39W 598 57 CURVE TO L
(R=1347') CHOKD-N47D35'E 1001 30 N88D44'E 137 76 S01D2TE 377 91 S89D39W 295 65 SO D22'E 295 25 ID PUB
Situs Address
36679 COUNTY ROAD 53 WELD
Year
Tax Interest
Fees
Payments
Balance
Tax Charge
2023 $7,758.04 $0.00
$0.00 $0.00 $7,758.04
Total Tax Charge
$7,758.04
Grand Total Due as of 04/01/2024
$7.758.04
Tax Billed at 2023 Rates for Tax Area 3879 - 3879
Authority
WELD COUNTY
SCHOOL DIST RD -EATON
NORTHERN COLORADO WATER
(NC
GALETON FIRE
AIMS JUNIOR COLLEGE
I IIGII PLAINS LIBRARY
WEST GREELEY CONSERVATION
Taxes Billed 2023
* Credit Levy
Mill Levy
I2 0240000*
33 1000000
1 0000000
4.0000000*
6 3360000
3.1960000
0 4140000
Amount
$1,552.90
$4274.86
$(29.15
$516 60
$818 30
$41276
$53 47
60 0700000
$7,758.04
Values
AG -MEADOW HAY
LAND
AG -ALL OTHER
LAND
FARM/RANCH
RESIDENCE -IMPS
OTHER BLDGS.-
AGRICULTURAL
ALL OTHER AG IMPS
Actual
$60
$40,816
$319,718
$224,212
$146,287
Assessed
$20
$11,390
$21,420
$59,190
$40,810
Total $731,093 $132,830
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 171h 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 of the status as of this date of all property
taxes, special assessments, and prior tax liens attached to this account.
Current year's taxes are due but not delinquent.
cdA-Ai
Date:UH R)i
1400 N. 17th Avenue, Greeley, CO 80631 or PO Box 458, Greeley, CO 80632. (970) 400-3290 Page 1 of 1
Weld County Treasurer
Statement of Taxes Due
Account Number R8952874
Assessed To
Parcel 071132 I00005
ECO PROPERTIES LW
1298 MAIN ST UNIT A
WINDSOR, CO 80550-7906
Legal Description
S2NE4 32-7-64 PT LOT A REC EXEMP F RECXI 7-0186 BEG E I/4 COR S89D39'W 295 65 N89D39W 598 57 CURVE TO L (R=1347')
CHORD=N47D3S'E 1001 30 N88D44'E 137 76 SO D27'E 377 91 S89D39'W 295 65 S0I D22E 295 25 TO PUB
Sites Address
Year
Tax Interest
Fees
Payments Balance
Tax Charge
2023
$59.52 $0.00
$0.00 $0.00 $59.52
Total Tax Charge
$59.52
Grand Total Due as of 04/01/2024
$59.52
Tax Billed at 2023 Rates for Tax Area 5049 - 5049
Authority
WELD COUNTY
SCHOOL DIST RE2-EATON
NORTHERN COLORADO WATER
(NC
GALETON FIRE
AIMS JUNIOR COLLEGE
EATON REC DISTRICT
HIGH PLAINS LIBRARY
WEST GREELEY CONSERVATION
Taxes Billed 2023
* Credit Levy
Mill Levy
12.0240000*
33 1000000
1.0000000
4 0000000*
6 3360000
4 6300000
3 1960000
0 4140000
Amount
$11 07
$30 45
$0.92
$3 68
$5 82 Total
$4 26
$2 94
$0.38
64 7000000
$59.52
Values
AG -SPRINKLER
IRRIGATED LAND
AG -WASTE LAND
OTHER BLDGS.-
AGRICULTURAL
Actual Assessed
$1,787 $470
$3 $10
$1,649 $440
$3,439 $920
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 17th 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 of the status as of this date of all property
taxes, special assessments, and prior tax liens attached to this account.
Current year's taxes are due but not delinquent.
Date ()Li
WHEN RECORDED Rid l:3Vl2N TO:
RED Propertiies,,LL/l
1298 Main Str9d i Uett A
Windsor, CO 40S50
File lumber: 5525-4097489
i1 4931230 11/16/2023 11;21;AM
'Fo al Pages: 2 Rec Fee $-19.00 Doc Fee: $11240
Orly Koppes - Clerk arid -Recorder, Weld County", CO
WARR WitDEED
THIS DEED, Made thin 0teenth day of 5ovembe 0 .23, between 142.52 LLC o`itrtiited liability company fir:
organized and exls0gg lihder and by virtue of th@ loss of the State of Colored .:grantor, and RCO Prop ?s,
LLC, a Colorado"{fell d l ahtt ity ooenpar f,nhose legal address is 3298*In aln Street, Unit A, Windsc
80550 of the CAoldtty of Weld and Stale of Oslorado, grantee: `'::J �'
•
WITNE ETN, That the grantor,,;Fa�r, end in consideration of the rum of ONE MILLION € E 1`1UNDRED
TWENi Y3/IsrE THOUSAND ANDI6Q/'100 DOLLARS ($1,1. X00.00), the receipt ands ciency of which is
hereby! llcnowledged, has granted rgeined, sold and coney' ; and by these presents ddes grant, bargain, sell,
convey and confirm, unto the griltttee, his heirs, successors;aId assigns forever, not In tenancy In common but in
jo I enancy, all the real proper*, together with improve sfs, if any, situate, lying �Aaeing in the County of
IReld, State of Colorado, d, bed as follows:
LOT A, 5RECORDED 1 MPTION NO. 0711-32'41 Cl17-a186, ACCORDING TO THE MAP RECgitiEIED
FEBRUARY 14, 7 Q1BAT RECEPTION NUM 4375464, BEINGS A P TOF THE SOUTH HALF
NORTHEAST QJRRTIR OF SECTION 32,,TQWNSHTP 7 NORTH, R�'64 WEST OF THE 67'11 p3, ,,
COUNTY OF WkO, STATE OF COLORADi
also knomq by street and number as: '79 County Road so, Enikan, CO 80838
TOt0PTHER with all and singular the hereditaments and appo: lances thereunto belongfi , or in anywise
appertaining and the reversion apdyemainders, rents, issuesrind profits thereof; and all ttte1estate, right, Interest,
chit rand demand whatsoever 0ft3he grantor, either in law Or;equity, of, in and to the adr bargained premises,
.nth the hereditaments and,,rtenances.
TO HAVE AND TO D the said premises above #sargezred and 8escribedraar the appurtenances, ure}x�;.
said grantee, his helrselfd assigns forever. And the,grantor, for himself, hishoirodnd personal representao/rpe
does covenant, grarit bargd{n and agree to and-viltfi the grantee, his heirs antraisigns, that at the time ei R5ie
ensealing and delivery of these presents, he (s' Wei seized of the premises a jbl a conveyed, has good, 4ore,
perfect, absoluteand indefeasible estate of Inheritance, In law, in fee simple, and has good right, full power and
lawful authorityto grant, bargain sell andonvey the same in manneralid form aforesaid, and the same are
free and dear from all former and otheK.g/ants, bargains, sales, lieoA axes, assessments, encurribiances and
restrictigns,bf whatever kind or natuy ddever, and except genet tames for the current year, 'dsubsequent
years, bled subject to sittutory exceePtibns.
.`)rhe grantor shall and van) ARRANT AND FOREVER D i4D the above -bargained files in the quiet and
• f ereable possession of theftdintee, his hers and assigOS -against all and every persole or persons lawfully
"!aiming the whole or ans, plelt thereof.
s�
The singular nurnbeO shall inciade the plural, the'/ilural the singular, and thetsse of any gender shall b
applicable to all gents.
4931234: 11/16/2023 11:21 A;,11
Page 2-6f 2
IN WITNESS'tPIPl3EOF, The grantor has cau •ydits corporate name to bOiereunto subscribed by its
Manager, end its corporate seal to be herein.0f1zed, attested by its Man b-, the day and year first
written. , c
5202 LLC, ,§lorado limited liability cogioany
Thurston
The foregoing instrumg-i t bvas acknowledged to be€ e`me this 14th day of Ntbieinber, 2023 by Henry vita;
the Manager of fl bLLC. ';.S';••
Witness my h,and and official seal.
My corn m!satpn•expires: 03/21/2026
041,I HEMPHILL
--`:$6TARY PUBLIC
:j•.. COMMISSION • 188113
COMMISSION EXPIRES 03121/27
.hiS notarial act involved the use -of communication technologS
Notary Pe
T.�
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0015, FOR PROCESSING AND A USE SIMILAR TO USES BY
SPECIAL REVIEW IN THE A (AGRICULTURAL) ZONE DISTRICT AS LONG AS THE
USE (HEMP PROCESSING, STORAGE AND DISTRIBUTION OF EXTRACTED RAW
OIL) COMPLIES WITH THE GENERAL INTENT OF THE A (AGRICULTURAL) ZONE
DISTRICT - H2S2, 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 10th day of
July, 2019, at the hour of 10:00 a.m.. in the Chambers of the Board, for the purpose of hearing
the application of H2S2, LLC, 2022 Jasmine St., Denver, Colorado 80207, for a Site Specific
Development Plan and Use by Special Review Permit, USR19-0015, for Processing and a Use
Similar to Uses by Special Review in the A (Agricultural) Zone District as long as the Use (hemp
processing, storage and distribution of extracted raw oil) complies with the general intent of the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
Lot A of Recorded Exemption, RECX17-0186; being
part of the S1/2 NE1/4 /4 of Section 32, Township 7
North, Range 64 West of the 6th P.M. Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Shannon Toomey,
AGPROfessionals, 3050 67th Avenue, Greeley, Colorado 80634, 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.
It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-2-20.G.1 (A. Policy 7.1) states: "County land use
regulations should support commercial and industrial uses that are
directly related to, or dependent upon, agriculture, to locate within
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2019-2631
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SPECIAL REVIEW PERMIT (USR19-0015) - H2S2, LLC
PAGE 2
the agricultural areas, when the impact to surrounding properties is
minimal, or can be mitigated, and where adequate services are
currently available or reasonably obtainable." The proposed use of
the property is for the planting, growing, cultivation, and processing
of industrial hemp by distillation, resulting in a crude oil that is
packaged and shipped offsite for further refinement, processing,
and product development. Referrals were requested from North
Weld County Water District, Galeton Fire Protection District, Weld
County Office of Emergency Management, and Colorado
Department of Agriculture. Non -supportive comments were not
received for this Land Use application. The proposed use is in an
area that can support this development with the expansion of the
agricultural buildings and the existing screening. The Conditions of
Approval, and Development Standards will assist in mitigating the
impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region.
B. Section 23-2-230.6.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.W provides for a Site
Specific Development Plan and Use by Special Review Permit for Uses
similar to the Uses listed as Uses by Special Review; as long as the use
(hemp processing, storage and distribution of extracted raw oil), complies
with the general intent of the A (Agricultural) Zone District. The
A (Agricultural) Zone District is also intended to provide areas for the
conduct of Uses by Special Review, which have been determined to be
more intense or to have a potentially greater impact than Uses Allowed by
Right. The A (Agricultural) Zone District regulations are established to
promote the health, safety and general welfare of the present and future
residents of the County.
C. Section 23-2-230.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of rural
residences on smaller tracts of land predominately to the east, with the
nearest residence located 175 feet from the east property line and located
on the west side of County Road 53. The other residences located east of
County Road 53, approximately 355 feet from the north property line,
756 feet and 980 feet from the south property line. The Mason View
Subdivision is located to the southeast of the proposed facility. The Weld
County Department of Planning Services sent notice to eight (8)
surrounding property owners and received no correspondence from
interested persons or property owners within 500 feet of the property. The
Conditions of Approval require that the applicant submit an Emergency
Action and Safety Plan, and a Road Maintenance Agreement. The
Conditions of Approval and Development Standards will assist in mitigating
the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region.
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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. The site is not located within a three (3) mile referral area of
any municipality, nor is it located within any existing Intergovernmental
Agreement Area (IGA) of a municipality.
E. Section 23-2-230.6.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Geologic Hazard Overlay District, a Special Flood Hazard Area, MS4 area
or the Airport Overlay District. Building Permits issued on the lot will be
required to adhere to the fee structure of the County -Wide Road Impact
Fee, County Facility Fee, and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on approximately 9.5 acres of
"Irrigated Lands, Not Prime," per the 1979 Soil Conservation Service
Important Farmlands of Weld County Map.
G. Section 23-2-230.8.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of H2S2, LLC, for a Site Specific Development Plan and
Use by Special Review Permit, USR19-0015, for Processing and a Use Similar to Uses by Special
Review in the A (Agricultural) Zone District as long as the Use (hemp processing, storage and
distribution of extracted raw oil) complies with the general intent of 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 USR Map:
A. The applicant shall provide to the Department of Planning Services that all
noncommercial junkyard items located on the property are screened from
all adjacent properties.
B. The parking area shall be screened from the surrounding property owners
and the public right-of-way.
C. In the event the applicant intends to utilize the existing septic system, the
septic system shall be reviewed by a Colorado Registered Professional
Engineer. The review shall consist of observation of the system and a
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SPECIAL REVIEW PERMIT (USR19-0015) - H2S2, LLC
PAGE 4
technical review describing the system's ability to handle the proposed
hydraulic load. The review shall be submitted to the Environmental Health
Services Division of the Weld County Department of Public Health and
Environment. In the event the system is found to be inadequately sized or
constructed, the system shall be brought into compliance with current
regulations.
D. A Road Maintenance Agreement is required for this project. Road
maintenance includes, but is not limited to, limited dust control and damage
repair to specified haul routes.
E. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the State of Colorado, is
required.
F. The applicant or property owner shall submit a Building Permit for each
conex container located on the property.
G. The applicant or property owner shall submit evidence that all the enclosed
trailers parked on the property are operational and have current tags and
title.
H. The plat shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0015.
2) The attached Development Standards.
3) The map 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 on the map.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
5) The map shall delineate the existing landscaping and proposed
screening.
6) The map shall delineate the lighting, which shall adhere to the Weld
County Code.
7) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
8) The map shall delineate the parking area for the vendors,
customers, and/or employees.
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9) County Road 53 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
10) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (60 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved location(s) prior to operation.
11) The applicant shall show and label the approved tracking control on
the site plan.
12) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
13) The applicant shall show and label the accepted drainage features.
Stormwater ponds should be labeled as "Stormwater Detention,
No -Build or Storage Area" and shall include the calculated volume.
14) The applicant shall show and label the drainage flow arrows.
15) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
16) Setback radiuses for existing oil and gas tank batteries and well
heads shall be indicated on the USR Map, per the setback
requirements of Section 23-3-50.E of the Weld County Code.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) paper copy or one (1) electronic copy (.pdf) of the plat for preliminary
approval to the Weld County Department of Planning Services. Upon approval of
the plat the 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.
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SPECIAL REVIEW PERMIT (USR19-0015) - H2S2, LLC
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3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the plat not be recorded within the required one hundred twenty (120)
days from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance charge shall be added for each additional three (3) month
period.
4. Prior to Construction:
A. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
5. Prior to Operation:
A. The approved access and tracking control shall be constructed.
B. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District. The plan shall be
reviewed on an annual basis by the Facility operator, the Fire District and
the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services.
6. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. 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
or the applicant has been approved for an early release agreement.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of July, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO '
ATTEST: C1,, j1 Jdf,p; „k.
Weld County Clerk to the Board
BY:
C.' n y Attorney
Date of signature: Ofs/o7A y
Barbara KiirrkmeyerChair
Mike Freeman, Pro-Tem
Se- P. Conway
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
H2S2, LLC
USR19-0015
1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0015, is
for Processing and a Use Similar to Uses by Special Review in the A (Agricultural) Zone
District as long as the Use (hemp processing, storage and distribution of extracted raw oil)
complies with the general intent of the A (Agricultural) Zone District, subject to the
Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The number of on -site employees shall be up to twenty (20).
4. The parking area on the site shall be maintained.
5. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
6. The existing landscape and proposed screening on the site shall be maintained.
7. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan on or before March 15th of any given year signed by
representatives for the Fire District and the Weld County Office of Emergency
Management to the Department of Planning Services.
8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
9. 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, C.R.S. §30-20-100.5.
10. 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 Chapter 14, Article I, of the
Weld County Code.
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
(HAPs) and volatile organic compounds (VOCs). All chemicals must be stored securely,
on an impervious surface, and in accordance with manufacturers' recommendations.
12. Fugitive dust shall attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
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DEVELOPMENT STANDARDS (USR19-0015) - H2S2, LLC
PAGE 2
13. A permanent, adequate water supply shall be provided for drinking, handwashing and
toilet facilities for employees and patrons of the facility. 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 On -site Wastewater Treatment
Systems.
14. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in
accordance with the applicable provisions of 40 CFR, Part 112, shall be available.
15. The facility shall comply with the Colorado Department of Agriculture Rules and
Regulations pertaining to Industrial Hemp (8 CCR 1203-23).
16. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
17. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Article I and II, of the Weld County Code.
18. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
19. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
20. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall acquire an approved Right -of -Way Use Permit prior to commencement.
21. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
22. The Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates.
23. The historical flow patterns and runoff amounts on the site will be maintained.
24. Weld County is not responsible for the maintenance of on -site drainage related features.
25. Sources of light should not cause a nuisance or interfere with the use on the adjacent
properties in accordance with the map. Neither the direct, nor reflected, light from 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.
26. Building permits may be required, for any new construction or set up manufactured
structure, per Section 29-3-10 of the Weld County Code. A building permit application
must be completed and submitted. 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: 2018 International Residential Code, 2006
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DEVELOPMENT STANDARDS (USR19-0015) - H2S2, LLC
PAGE 3
International Energy Code, 2017 National Electrical Code, and Chapter 29 of the Weld
County Code. A plan review shall be approved, and a permit must be issued prior to the
start of construction.
27. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
28. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property,
with 24 -hour notice to the property owner/facility operator 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.
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 facility shall notify the County of any revocation and/or suspension of any State -issued
permit, if applicable.
31. The property owner or operator shall be responsible for complying with all the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
32. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34, of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
33. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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