HomeMy WebLinkAbout20242173.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION, VAC24-0017, OF TWO -LOT RECORDED
EXEMPTION, RE -5104, FOR REMOVAL OF LOT B - ARNUSCH LAND COMPANY,
LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on June 14, 2011, the Department of Planning Services conditionally
approved Two -Lot Recorded Exemption, RE -5104, and
WHEREAS, the Board has received a request from the current property owner,
Arnusch Land Company, LLC, 33521 County Road 16, Keenesburg, Colorado 80643,
represented by Sara Irby of Fischer, Brown, Bartlett, Larsen and Irby, P.C.,
1319 East Prospect Road, Fort Collins, Colorado 80525, to vacate Lot B of Recorded Exemption,
RE -5104, located on the following described real estate, to wit:
Lot B of Recorded Exemption, RE -5104; being part
of the W1/2 SE1/4 of Section 27, Township 2 North,
Range 63 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of the
Department of Planning Services staff and all of the exhibits and evidence presented in this matter
and, having been fully informed, deems it advisable to approve said partial vacation, and makes
the following findings:
1. No property will be left without access to a public road right-of-way as a result of
the vacation.
2. No property resulting from the vacation will continue to use any access across any
other lots within the exemption plat.
3. No existing easements are affected by this vacation of Lot B of Recorded
Exemption, RE -5104.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Arnusch Land Company, LLC, for Partial Vacation of
Two -Lot Recorded Exemption, RE -5104, for removal of Lot B, be, and hereby is, approved,
subject to the following condition:
cc : PL(E /MN/nA/M..), ASR (SO, APPL., APP, REP.
01/.4/2M
2024-2173
RE -5104
PARTIAL VACATION, VAC24-0017, OF TWO -LOT RECORDED EXEMPTION, RE -5104, FOR
REMOVAL OF LOT B -ARNUSCH LAND COMPANY, LLC
PAGE 2
1. As described in Sections 24-11-50.H and 24-11-50.1 of the Weld County Code, the
applicant shall submit an exemption vacation plat and deed to the Department of
Planning Services within ninety (90) days for review. Upon acceptance, the plat
shall be signed by the property owners and shall be submitted for recording, along
with the recording fee, to the Department of Planning Services. The vacation is in
effect the date of recordation of the land survey plat with the Weld County Clerk
and Recorder. Any easement created by dedication on the original plat for
Recorded Exemption, RE -5104, and not vacated herein, shall be rededicated on
the exemption vacation plat in the signed Property Owner's Certificate.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of August, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY _COLORADO
ATTEST: dmxtdcvo jdo;ok
Weld County Clerk to the Board
B • %Q'i1.l.C7/dL
Deputy Clerk to the Board
APPROVE
Count torney
Date of signature: Zv
Mike Freeman
i Saine
2024-2173
RE -5104
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Weld County Board of County Commissioners
From: Molly Wright, Planner
Subject Partial Vacation of RE -5104
Hearing Date: August 14, 2024
Owners: Arnusch Land Company, LLC, c/o Marc Arnusch
Representative: Fischer, Brown, Bartlett, Larsen & Irby, PC, c/o Sara Irby
Legal Description: Lot B of Recorded Exemption RE -5104; being a part of the W2SE4 of Section 27, T2N,
R63W of the 6th P.M., Weld County, CO
Location: 0.25 miles West of CR 69; North and adjacent to County Road 16
Parcel Number: 1303-27-4-00-030
Total Parcel Size: +/- 80.40 acres Zone District A (Agricultural)
Summary:
The applicant requests to vacate Lot B, being the largest lot of the Two -Lot Recorded Exemption RE -5104,
recorded November 22, 2011, reception #3807642. This partial vacation of Lot B of RE -5104 would result
in an approximately 80.404 acre unplatted parcel. Lot A of RE -5104 is not a part of this action.
Vacation Criteria:
The Vacation of a Recorded Exemption plat criteria are detailed in Chapter 24, Article XI of the Weld County
Code, being the Obsolete Land Divisions Article within the Weld County Subdivision Ordinance.
Section 24-11-10. A of the Weld County Code, states in part: "Previously approved Recorded Exemptions
and Subdivision Exemptions may be amended, corrected, or vacated."
Section 24-11-50 of the Weld County Code, provides specific criteria for the vacation process. The
processing of this vacation and memorandum have been prepared in accordance with this Code section.
Section 24-11-50. A of the Weld County Code details the items to be submitted by the property owners in
order to request a complete or partial vacation of an exemption. The submitted materials were deemed
complete and include the vacation request letter and the draft vacation plat map.
Section 24-11-50. B of the Weld County Code allows for partial vacations, which may be used to vacate
the largest lot within a Recorded Exemption plat, which is greater than thirty-five (35) acres in size, without
affecting the remaining lot(s) within the same plat. The submitted vacation request complies with this code
section.
114
2024-2173
Vacation of Lot B of RE -5104 I Arnusch Land Company ' g - 5 1bit
Page 1 of 2
Recommendation:
The Department of Planning Services staff has reviewed this request and recommends that this request be
approved by the Board of County Commissioners subject to the following condition.
A. If the vacation request is approved by the Board of County Commissioners, the vacation plat shall
be submitted to the Department of Planning Services for review in accordance with Sections 24-
11-50.H and I of the Weld County Code. Upon acceptance of the plat, the plat shall be signed by
the property owners and shall be submitted for recording with the recording fee to the Department
of Planning Services. The vacation is in effect the date of recordation of the land survey plat with
the Weld County Clerk and Recorder.
Vacation of Lot B of RE -5104 I Arnusch Land Company
Page 2 of 2
To Whom it May Concern,
I/We Arnusch Land Company, LLC
(Dame of Property Owner)
are writing to request the (complete
acation of Lot B
(Ins. Lot Designation)
Recorded Exemption 5104
(Insert Recorded Exemption number)
May,. 5.3a• 2-_e2,1
Print: Owner or Authorized Agent Date Pr'
Signature: Owner or Authorized Agent
01/24
of
2 prn u5 J- 5 3p
sized Agent n Date
Signature/ Owner or Authorized Agent
5
VACATION PLAT FOR LOT B RECORDED EXEMPTION NO. RE -5104
Part of the Southeast 1/4 of Section 27,
Township 2 North, Range 63 West of the 6th P.M.,
County of Weld, State of Colorado
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LOT B
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RE -5104
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Sheet 1 of 1
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LEGEND
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E.2 RECORDED EXEMPTIONNO. 1303-27-4 RE -5104
The West Half Of The Southeast Quarter ()f Section 27, Township 2 North, Range 63 West Of The 6th P.M.,
County Of Weld, State Of Colorado
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1
Notice
Pursuant to Section 24-11-50.1.1 of the Weld County Code, the following matter will be considered
on the Consent Agenda of the Weld County Board of Commissioners and no public testimony
shall be heard unless it is removed from the Consent Agenda and placed on the regular Agenda
by action of the Board, with said public hearing to be held in the Chambers of the Board of County
Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street,
Assembly Room, Greeley, Colorado 80631, at the date and time specified below.
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days
prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party.
In accordance with the Americans with Disabilities Act, if special accommodations are required in
order for you to participate in this hearing, please contact the Clerk to the Board's Office at
(970) 400-4225, prior to the day of the hearing.
The complete case file may be examined in the office of the Clerk to the Board of County
Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631.
Email messages sent to an individual Commissioner may not be included in the case file. To
ensure inclusion of your email correspondence into the case file, please send a copy to
egesick@weld.gov.
Hearing Date: August 14, 2024
Hearing Time: 9:00 a.m.
Applicant:
Arnusch Land Company, LLC
c/o Marc Arnusch
33521 County Road 16
Keenesburg, Colorado 80643
Request: Partial Vacation, VAC24-0017, of Two -Lot Recorded Exemption, RE -5104, for Removal
of Lot B
Legal Description: Lot B of Recorded Exemption, RE -5104; being part of the W1/2 SE1/4 of
Section 27, Township 2 North, Range 63 West of the 6th P.M., Weld County, Colorado
Location: 0.25 miles west of County Road 69; north and adjacent to County Road 16 (see Legal
Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: August 2, 2024
ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
RE -5104
Owner
ARNUSCH LAND COMPANY,
LLC
ARNUSCH LAND COMPANY,
LLC
ATTN : SARA IRBY
FISCHER, BROWN, BARTLETT,
LARSEN, AND IRBY, P.C.
Address
33577 COUNTY ROAD 16
33521 COUNTY ROAD 16
1319 EAST PROSPECT ROAD
City
State
KEENESBURG CO
KEENESBURG CO
FORT COLLINS CO
Zip
80643-8812
80643-8812
80525
CERTIFICATE OF MAILING
I hereby certify that I have placed a true and correct copy of the Notice, in accordance with the notification
requirements of Weld County for Partial Vacation of Recorded Exemption, RE -5104, in the United States Mail,
postage prepaid First Class Mail as listed above.
S
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Dated the 2nd day of August, 2024.
oatict-enk,LbetAuside...
Janet M. Warwick
Deputy Clerk to the Board
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WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
7/16/2024
3:11:18 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
JCIYI lideimazit
Signature
911111 ./
Date
Property Owners Within 500 Feet of Parcel # 130327400030
Account
Parcel
Owner
Mailing Address
R8983637
130327100035
ARNUSCH LAND COMPANY LLC
33521 COUNTY ROAD 16
KEENESBURG, CO 806438812
R8983638
130327100036
ARNUSCH LAND COMPANY LLC
33521 COUNTY ROAD 16
KEENESBURG, CO 806438812
R8980830
130327200002
WAGNER MARGARET E (HEIRS OF)
7676 COUNTY ROAD 67
KEENESBURG, CO 806438927
R8974871
130327300024
LEGENDARY LAND HOLDINGS LLC
33521 COUNTY ROAD 16
KEENESBURG, CO 806438812
R6780529
130327400029
w 1- A
ARNUSCH LAND COMPANY LLC
33577 COUNTY ROAD 16
KEENESBURG, CO 806438812
R6780530
130327400030
L4- 3
ARNUSCH LAND COMPANY LLC
33521 COUNTY ROAD 16
KEENESBURG, CO 806438812
R8964273
130327400039
HENRYLYN IRRIGATION DISTRICT
29490 COUNTY ROAD 14
KEENESBURG, CO 806438711
R8964274
130327400040
BAUMGARTNER LINDA R
R8964274
130327400040
BAUMGARTNER RODNEY W
33759 COUNTY ROAD 16
KEENESBURG, CO 806438812
Parcels: 15
Owner Records: 16
Page 1 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
7/16/2024
3:11:18 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
C.14\ I/l) DM cc) ►SIG
1 I I L d^./ Signature
Date
Property Owners Within 500 Feet of Parcel # 130327400030
Account
Parcel
Owner
Mailing Address
R8964275
130327400041
MCMILLAN BARBARA
6795 COLORADO BLVD
COMMERCE CITY, CO 800222220
R5064786
130334000015
PV LONE TREE LLC
PO BOX 316
KEENESBURG, CO 806430316
R7461398
130334100018
PV LONE TREE LLC
PO BOX 316
KEENESBURG, CO 806430316
R7461498
130334100019
PV LONE TREE LLC
PO BOX 316
KEENESBURG, CO 806430316
R7461598
130334100020
PV LONE TREE LLC
PO BOX 316
KEENESBURG, CO 806430316
R7461698
130334200021
GOETSCHEL ROBERT
33500 COUNTY ROAD 16
KEENESBURG, CO 806438811
R7461798
130334200022
PV LONE TREE LLC
PO BOX 316
KEENESBURG, CO 806430316
Parcels: 15 Owner Records: 16
Page 2 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
7/16/2024
3:11:18 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Property Owners Within 500 Feet of Parcel # 130327400030
Parcels: 15
Owner Records: 16
()aft l/6 OA wj plc
(417)4
Signature
Date
Page 3 of 3
Plat Vacation Application
Recorded Exemptions & Subdivision Exemptions
Planning Department Use: Date Received:
Amount $ Case # Assigned:
Application Received By: Planner Assigned:
Plat Information
Title of plat to be vacated: Vacation Plat for Recorded Exemption NO. RE -5104 S 27 T_211_ R.13.
O Complete Vacation (must include all lots)
El Partial Vacation (vacated lots must be over 35 acres each)
List of lots to be vacated:
Lot Parcel Number
Acreage Affected Easements
B
130327400030
80.40
50" Irrigation, Access & Maintenance Easement (Rec.
No. 3788685
Property Owner(s) (Attach additional sheets if necessary.)
Name: Marc Arnusch
Company: Amusch Land Company. LLC
Phone #:970-371-6126
Email: marclS amuschfarms.com
Street Address: 33521 County Road 16
City/State/Zip Code: Keenesbura, CO 80643
Applicant/Authorized Agent (Authorization form must be included if there is an Authorized Agent.)
Name: Sara Irby
Company: Fischer. Brown, Bartlett. Larsen & Irby. PC
Phone #:970-407-9000 Email: sarairbvfdtfischerbrownlaw.com
Street Address: 1319 E. Prospect Road
City/State/Zip Code: Fort Collins, CO 80525
I (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.
I (We) have read and agree to comply with the regulations for complete or partial vacation of recorded exemptions or subdivision
5ptlone
Signature: Owner or Authorized Agent
0.v^[... �IrKkSGI.,
Print Owner or Authorized Agent Print Owner or Authorized Agent
S • 30 24
Date
Signature: Owner or Authorized Agent Date
01/24 3
Departments of Planning
Building, Development Review
and Environmental Health
1402 North 17T" Avenue
P.O. Box 758
Greeley, CO 80632
Authorization Form
I, (We), An K .n c -l^ l-� Q Cb L give permission to 5.-e. 1 -
(Owner — please print) (Authorized Agent/Applicant—please print)
to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located at
(address or parcel number) below:
Parcel Number 130327400030
Legal Description: W 1/2 of Section 27 , Township 2 N, Range 63 W
Subdivision Name: N/A
Property Owners Information:
Address: 33521 County Road 16, Keenesburo, CO 80643
Phone:303-732-4074 E-mail: marclSarnuschfarms.com
Authorized Agent/Applicant Contact Information:
Address: 1319 E Prospect Road, Fort Collins, CO 80525
Lot B Block
Phone: 970-407-9000 E -Mail: sarairbyefischerbrownlaw.com
Correspondence to be sent to: Owner Authorized Agent/Applicant . by: Mail Email X
Additional Info: The partial vacation involves Lot B of Recorded Exemption No. RE -5104
I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this document,
that the information stated above is true and correct to th st of my (o)ar) knowledge.
-�- � Date S"3C 2-~f
Owner Signature Owner
Subscribed an m to bb fore me thi
tlh Af (.fh fuAte
My commission expires
ROBIN ENFANTE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20084007941
My Commission Fires May 12, 2025
U 1lL4
day of
gnature
ate 5"30.
, 20 by
4
-Filed
Document must be filed electronically.
Paper documents are not accepted.
Fees & forms are subject to change.
For more information or to print copies
of filed documents, visit www.sos.state.co.us.
Colorado Secretary of State
Date and Time: 08/15/2013 02:04 PM
ID Number: 20131470233
Document number: 20131470233
Amount Paid: $50.00
ABOVE SPACE FOR OFFICE USE ONLY
Articles of Organization
filed pursuant to § 7-80-203 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.)
1. The domestic entity name of the limited liability company is
Arnusch Land Company LLC
(The name of a limited liability company must contain the term or abbreviation
"limited liability company", "ltd. liability company", "limited liability co.", "ltd.
liability co.", "limited", "l.l.c. ", "Ilc", or "ltd.". See §7-90-601, C.R.S.)
(Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.)
2. The principal office address of the limited liability company's initial principal office is
Street address 33521 CR 16
(Street number and name)
Keenesburg CO 80643
(City)
(State (ZIP/Postal Code)
United)Staten
(Province — if applicable) (Country)
Mailing address
(leave blank if same as street address) (Street number and name or Post Office Box information)
(City)
(State) (ZIP/Postal Code)
(Province — if applicable) (Country)
3. The registered agent name and registered agent address of the limited liability company's initial registered
agent are
Name
(if an individual)
or
(if an entity)
(Caution: Do not provide both an individual and an entity name.)
Arnusch
Marc C
(Last) (First) (Middle) (Suffix)
Street address
33521 CR 16
(Street number and name)
Keenesburg
(City)
co 80643
(State) (ZIP Code)
Mailing address
(leave blank if same as street address) (Street number and name or Post Office Box information)
ARTORG_LLC
Page 1 of3 Rev. 12/01/2012
(City)
CO
(State) (ZIP Code)
(The following statement is adopted by marking the box.)
❑✓ The person appointed as registered agent has consented to being so appointed.
4. The true name and mailing address of the person forming the limited liability company are
Name
(if an individual) Arnusch Marc C
or
(if an entity)
(Last)
(First) (Middle) (Suffix)
(Caution: Do not provide both an individual and an entity name.)
Mailing address 33521 CR 16
(Street number and name or Post Office Box information)
Keenesburg CO 80643
(City)
(State (ZIP/Postal Code)
United States
(Province — if applicable) (Country)
(If the following statement applies, adopt the statement by marking the box and include an attachment.)
❑ The limited liability company has one or more additional persons forming the limited liability
company and the name and mailing address of each such person are stated in an attachment.
5. The management of the limited liability company is vested in
(Mark the applicable box.)
❑ one or more managers.
or
❑✓ the members.
6. (The following statement is adopted by marking the box)
❑✓ There is at least one member of the limited liability company.
7. (If the following statement applies, adopt the statement by marking the box and include an attachment)
❑ This document contains additional information as provided by law.
8. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has
significant legal consequences. Read instructions before entering a date.)
(If the following statement applies, adopt the statement by entering a date and, if applicable, time using the required format.)
The delayed effective date and, if applicable, time of this document is/are
(mm/dd/yyyy hour:minute am/pm)
Notice:
Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity
with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic
statutes, and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part, the constituent documents, and the organic statutes.
ARTORG_LLC
Page 2 of 3 Rev. 12/01/2012
This perjury notice applies to each individual who causes this document to be delivered to the Secretary of
State, whether or not such individual is named in the document as one who has caused it to be delivered.
9. The true name and mailing address of the individual causing the document to be delivered for filing are
Arnusch Marc C
(Last) (First) (Middle) (Suffix)
33521 CR 16
(Street number and name or Post Office Box information)
Keenesburg
(City)
(Province — if applicable)
CO 80643
(State) (ZIP/Postal Code)
United States
(Country)
(If the following statement applies, adopt the statement by marking the box and include an attachment.)
This document contains the true name and mailing address of one or more additional individuals
causing the document to be delivered for filing.
Disclaimer:
This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice,
and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy
minimum legal requirements as of its revision date, compliance with applicable law, as the same may be
amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should
be addressed to the user's legal, business or tax advisor(s).
ARTORG_LLC
Page 3 of 3 Rev. 12/01/2012
OPERATING AGREEMENT
OF
ARNUSCH LAND COMPANY, LLC
a Colorado limited liability company
OPERATING AGREEMENT
OF
ARNUSCH LAND COMPANY, LLC
a Colorado limited liability company
This Operating Agreement (the "Agreement") is made effective the 1st day of August,
2013, by and between Marc C. Arnusch and Jill R. Arnusch (the "Members") and ARNUSCH
LAND COMPANY, LLC, a Colorado limited liability company (the "Company"), on the
following terms and conditions. Unless otherwise defined herein, capitalized terms used in this
Agreement shall have the meanings set forth in ARTICLE 7.
ARTICLE 1
FORMATION OF THE COMPANY
1.1 Formation; Articles of Organization. On August 1, 2013, the Company was
organized as a Colorado limited liability company under and pursuant to the Act by filing the
Articles with the Secretary of State. The rights and obligations of the Company and the
Members shall be as provided in the Act, the Articles and this Agreement. This Agreement is
subject to, and governed by, the Act and the Articles. In the event of a direct conflict between
the provisions of this Agreement and the mandatory provisions of the Act or the provisions of the
Articles, such provisions of the Act or the Articles, as the case may be, shall be controlling.
1.2 Indemnification of Organizer. The actions of the Organizer in filing the Articles
with the Secretary of State are hereby approved and accepted, and the Company shall indemnify
the Organizer to the fullest extent permitted by law.
1.3 Principal Place of Business. The principal place of business of the Company
within the State of Colorado shall be 33521 CR 16, Keenesburg, CO 80643. The Company may
locate its place of business at any other place or places as the Managers may from time to time
deem advisable.
1.4 Registered Office and Registered Agent. The Company's initial registered office
shall be 6506 WCR 65, Keenesburg, CO 80643; and the name of its initial registered agent at
such address shall be Marc C. Arnusch. The registered office and registered agent may be
changed from time to time by the Managers by filing the address of the new registered office
and/or the name of the new registered agent with the Secretary of State pursuant to the Act.
1.5 Property. All property, real and personal, of the Company shall be owned by and
legal title held in the name of the Company, and any conveyance from or to the Company shall
be in the Company's name. Each Member's Membership Interest shall be personal property.
1.6 Tax Classification as a Partnership. The Company shall be taxable as a
partnership for federal income tax purposes pursuant to the Regulations promulgated under
Section 7701 of the Code, unless the Company elects another tax classification pursuant to those
Regulations. Notwithstanding anything contained herein to the contrary, until the Company
elects to be taxable as an association other than a partnership for federal income tax purposes, (a)
all tax allocations and distributions shall be made in accordance with the Code, (b) the capital
accounts of the Members shall be maintained in accordance with the Code, including Section
704(b) of the Code and the rules in Section 1.704-1(b)(2)(iv) of the Regulations, and (c)
liquidating distributions shall be made to the Members in proportion to their positive capital
account balances. Notwithstanding the foregoing, the Company shall be considered a limited
liability company under the Act, and the liability of the Members shall be limited to the fullest
extent provided in the Act and Article 3.3.
1.7 No Third -Party Beneficiaries. None of the terms, covenants, obligations or rights
contained in this Agreement is or shall be deemed to be for the benefit of any Person other than
the Members and the Company, and no such third Person (including any creditor of the
Company or of the Member) shall under any circumstances have any right to compel any actions
or payments by or to the Member and/or the Managers.
ARTICLE 2
BUSINESS OF THE COMPANY
The business of the Company shall be:
2.1 to acquire farm land for rent and/or lease;
2.2 to offer a vehicle for optional and continued investment by the Members so that
diversity and economies of scale may be realized;
2.3 to transact any or all lawful business for which a limited liability company may be
organized under the laws of the State of Colorado;
2.4 to accomplish any other lawful business as determined by the Managers;
2.5 to exercise all powers necessary to or reasonably connected with the foregoing
which may be legally exercised by limited liability companies under the Act; and
2.6 to engage in all activities necessary, customary, convenient, or incident to any of
the foregoing.
ARTICLE 3
MEMBERS
3.1 Members. The name, address, and initial Capital Contribution of the Members
are set forth on Schedule A attached hereto.
3.2 Additional Capital Contributions. After the initial Capital Contribution, the
Members may make additional Capital Contributions at such time or times as the Members shall
determine, but the Members shall not be obligated to make any additional Capital Contributions.
3.3 Limitation on Liability. No Member or Manager shall be liable under a judgment,
decree or order of any court, or in any other manner, for a debt, obligation or liability of the
2
Company, except as provided by law and pursuant to this Agreement. No Member or Manager
shall be required to loan any funds to the Company.
3.4 No Individual Authority. No Member acting alone shall have any authority to act
for or to undertake or assume any obligation, debt, duty or responsibility on behalf of the
Company.
3.5 Distributions. The Company may make distributions from time to time as
determined by the Managers.
ARTICLE 4
MANAGEMENT
4.1 Management by the Managers. The business and affairs of the Company shall be
managed by the Managers, and the management and conduct of the business of the Company is
vested in the Managers. The Managers shall direct, manage and control the business of the
Company to the best of their ability and, subject to the limitations and restrictions set forth in this
Agreement, shall have full and complete authority, power and discretion to make any and all
decisions, to take any and all actions, and to execute all instruments or other documents which
the Manager shall deem to be reasonably required or appropriate in light of the Company's
business and objectives.
4.2 Day -to -Day Management by the Managers. Without limiting the foregoing but
subject to the limitations and restrictions set forth in this Agreement, the Managers may exercise
the following specific rights and powers without any further consent of the Members being
required.
4.2.1 The Managers may purchase, lease or otherwise acquire, improve,
develop, manage, maintain and operate real or personal property as may reasonably be necessary
or incidental to the Company's business.
4.2.2 The Managers may sell, lease, pledge, exchange or otherwise dispose of
all or any portion of the property of the Company.
4.2.3 The Managers may borrow money on a secured or unsecured basis to
finance the business of the Company, encumber all or any portion of the Company's property to
secure such borrowings, and repay, refinance, increase, modify, consolidate or otherwise deal in
such borrowings and encumbrances.
4.2.4 The Managers may purchase liability and other insurance to protect the
Company's property and business.
4.2.5 The Managers may loan money, invest and reinvest the funds of the
Company, and receive and hold property as security for repayment.
4.2.6 The Managers may contract on behalf of the Company for the provision of
services or goods by vendors, employees, and/or independent contractors.
3
4.2.7 The Managers may engage or retain such employees, independent con-
tractors, attorneys, and accountants as the Manager deems necessary or appropriate in
furtherance of the business of the Company, and determine the terms of such engagements or
retentions.
4.2.8 The Managers may appoint such officers and agents of the Company as
the Managers shall determine for such terms as the Managers shall determine, remove such
officers and agents, prescribe such powers and duties for them as may not be inconsistent with
law, and fix their compensation.
4.2.9 The Managers may open one or more bankaccounts in the name of the
Company and authorize the Managers and/or one or more agents, in the name of and on behalf of
the Company, to sign checks, drafts or other orders for the payment of money, notes, or other
evidences of indebtedness, endorse for deposit and/or deposit to the credit of the Company at any
bank, trust company, or banking institution in which the Company may maintain an account,
cash, checks, notes, drafts, or other bankable securities or instruments, and make, deliver, accept,
or endorse any commercial paper in connection with the business of the Company.
4.2.10 The Managers may expend Company funds in connection with the
business of the Company.
4.2.11 The Managers may pay all taxes, licenses, or assessments of whatever
combination imposed on or against the Company or its property or assets, and make such returns
or do all such acts or things as may be deemed necessary or advisable in connection therewith.
4.2.12 The Managers may care for and distribute funds and property to the
Members.
4.2.13 The Managers may cause the Company to enter into agreements with
other Entities and to form other Entities in furtherance of its purposes.
4.2.14 The Managers may make all elections for federal and state income tax
purposes.
4.2.15 The Managers may initiate, prosecute, defend, settle, compromise or
dismiss claims, and satisfy judgments, by or against the Company, the Managers, or the
Members in connection with the activities arising out of, connected with, or incident to the
business of the Company, and to otherwise protect the interests of the Company.
4.3 Action Requiring Consent of the Members. Notwithstanding the foregoing and
subject to paragraph 4.4, and without limiting the other restrictions set forth in this Agreement,
the following actions shall require the consent of a majority of the Members.
4.3.1 It shall require the consent of the Members to sell or otherwise dispose of
all or substantially all of the assets and property of the Company as part of a single transaction or
plan outside the ordinary course of business.
4
4.3.2 It shall require the consent of the Members to merge or consolidate the
Company with another Entity.
4.3.3 It shall require the consent of the Members to require additional Capital
Contributions (see paragraph 3.2).
4.3.4 It shall require the consent of the Members to increase or decrease the
number of Managers (see paragraph 4.5).
4.3.5 It shall require the consent of the Members to elect a Manager (see
paragraph 4.5).
4.3.6 It shall require the consent of the Members to remove a Manager (see
paragraph 4.7).
4.3.7 It shall require the consent of the Members to determine the salary and
other compensation of a Manager (see paragraph 4.11).
4.3.8 It shall require the consent of the Members to approve the admission of a
new or additional Member (see paragraph 5.1).
4.3.9 It shall require the consent of the Members to dissolve the Company (see
paragraph 6.1).
4.3.10 It shall require the consent of the Members to amend the Articles or this
Agreement.
4.4 Manner of Acting. In the event that more than two Managers are acting, the
concurrence and joinder of at least a majority of Persons acting as Managers shall be required.
4.4.1 Other Agreement. Notwithstanding the foregoing, the Managers may
adopt resolutions to govern their activities and the manner in which the Managers perform their
duties to the Company, and nothing contained herein shall prohibit the Managers (if more than
one) from unanimously agreeing, in writing, to allocate decision -making authority between
themselves and agreeing that one of them, acting alone, may make certain decisions and execute
certain documents on behalf of the Company as specified in such writing.
4.4.2 Execution of Documents. Subject to the consent requirements and other
limitations and restrictions set forth in this Agreement, any document or instrument may be
executed and delivered on behalf of the Company by any Manager, and no other signature shall
be required to bind the Company for any obligation not exceeding $10,000.00. Any document or
instrument binding the Company for any obligation in excess of $10,000.00 shall require the
signature of all of the Managers.
5
4.5 Number, Tenure, Election and Qualifications of the Managers.
4.5.1 Number. The number of Managers initially shall be two. The initial
Managers shall be Marc C. Arnusch and Jill R. Arnusch. The number of Managers may be
increased or decreased at any time by the Members.
4.5.2 Tenure. The initial Managers shall hold office until such Managers'
death, dissolution, resignation or removal and until such Manager's successor has been elected
and qualified. Thereafter, any successor Manager elected by the Members shall hold office until
such Manager's death, dissolution, resignation or removal and until such Manager's successor
has been elected and qualified.
4.5.3 Election. Except for the initial Managers, a Manager shall be elected by
the Members.
4.5.4 Qualifications. The Managers shall be a natural person 18 years of age or
older or an Entity, but need not be a Member or in the case of a natural person a resident of the
State of Colorado.
4.6 Resignation. A Manager may resign at any time by giving written notice to the
Members. The resignation of the Manager shall take effect upon receipt of notice or evidence of
delivery of notice thereof or at such later time as shall be specified in such notice; and, unless
otherwise specified therein, the acceptance of such resignation shall not be necessary to make it
effective.
4.7 Removal. The Members may remove a Manager at any time.
4.8 Time and Effort; Conflicts of Interest; Duty of Care.
4.8.1 Time and Effort. The Managers shall devote such time and effort to the
business of the Company as the Managers determine to be necessary to conduct the business of
the Company.
4.8.2 Conflicts of Interest.
(1) General. The Members and the Managers do not violate a duty or
obligation to the Company merely because their conduct furthers their own interests.
(2) Business Opportunities. Unless otherwise approved by the
Members, the Managers may not engage and invest in other business ventures or properties of
any nature as long as such business opportunities are in direct competition with the business of
the Company. It is expressly understood that the Members may enter into transactions that are
similar to the transactions into which the Company may enter, and the Company shall not by
virtue of this Agreement have any right or interest in such other transactions or the income or
profits therefrom.
(3) Dealings with Company. The Managers, acting on behalf of the
Company, shall not be prohibited from or otherwise limited in employing, borrowing money
6
from, contracting with, or otherwise dealing with, any Person by reason of the fact that such
Person is a Manager, a Member or an Affiliate of the Managers or the Members, or is an Entity
in which the Managers or the Members have an interest, whether such relationship, affiliation, or
interest is direct or indirect, provided that the terms and conditions of such employment, loan,
contract or other dealing are fair to the Company.
4.8.3 Duty of Care. Each Manager shall perform his or her duties as Manager in
good faith, in a manner the Manager reasonably believes to be in the best interest of the
Company and with such care as an ordinarily prudent person in a like position would use under
similar circumstances. Unless intentional misconduct or a knowing violation of law shall be
proved by nonappealable court order, judgment, decree or decision, the Managers shall not be
liable or obligated to the Members for any mistake of fact or judgment or for the doing of any act
or the failure to do any act by the Managers in conducting the business, operations and affairs of
the Company, which may result in any loss or damage to the Company or its Members. The
Managers do not, in any way, guarantee the return of the Members' Capital Contributions from
the operations of the Company. The Managers shall not be responsible to the Members because
of a loss of the Members' investment or a loss in operations, unless the loss shall have been the
result of intentional misconduct or a knowing violation of the law. In discharging his or her
duties as Manager, the Managers shall be fully protected in relying in good faith upon the
records of the Company and upon such information, opinions, reports, or statements by any of
his agents, or by any other Person, as to matters the Manager reasonably believes are within such
other Person's professional or expert competence and who has been selected with reasonable
care by or on behalf of the Company.
4.9 No Annual Meeting Required; No Minutes Required. No annual meeting shall be
required to be held. Neither this Agreement nor the Act requires any Member or Manager to
take or to maintain minutes or other records of any meetings.
4.10 Indemnity of Managers. The Company shall indemnify the Managers and any
agents of the Company for all costs, losses, liabilities, and damages paid or accrued by the
Managers or agent in connection with the business of the Company, to the fullest extent provided
or allowed by the Act. In addition, the Company may advance costs of defense or prosecution of
any claim to the Managers or agent of the Company, provided such claim is in connection with
the business of the Company.
4.11 Reimbursement; Compensation. The Managers shall be entitled to reimbursement
from the Company for all expenses of the Company reasonably incurred and actually paid by the
Managers on behalf of the Company. The Managers also shall be entitled to reasonable
compensation in an amount to be determined from time to time by the Members.
ARTICLE 5
TRANSFER OF MEMBERSHIP INTERESTS
5.1 Transferability; Admission of New or Additional Members. The Members may
transfer all or any part of their Membership Interest (including the Economic Interest) and may
admit one or more Persons as a new or additional Member of the Company upon such terms and
conditions as the Members approve, provided the Members: (a) considers the possible change in
7
the tax classification of the Company for federal income tax purposes as a result of such transfer
or admission; (b) contemplates the admission of an Additional Member and incorporates the
revisions required by the termination of disregarded entity status; and (c) assures compliance
with the applicable Securities Acts and regulations.
5.2 Death; Dissolution; Incompetency. The following events shall not cause the
dissolution of the Company: (a) the death of an individual Member; (b) the dissolution of an
Entity Member; or (c) the entry of an order by a court of competent jurisdiction adjudicating an
individual Member incompetent to manage the Member's person or property. Except as set forth
in paragraph 6.3, upon the occurrence of any of the foregoing events, the Successor -in -Interest or
legal representative of such deceased, dissolved, or incompetent Member shall be admitted as a
Member with all the rights of such deceased, dissolved, or incompetent Member.
5.3 Bankruptcy; Conversion to an Economic Interest.
5.3.1 Upon the adjudication of a Member as bankrupt or insolvent or, except as
provided in paragraph 5.2, upon any other transfer by operation of law pursuant to judicial order
or legal process, the Membership Interest of that Member shall be converted to an Economic
Interest.
5.3.2 If the Membership Interest of a Member is converted to an Economic
Interest pursuant to paragraph 5.1 or paragraph 7.1.8, the voting rights previously attributable to
the Membership Interest of the former Member shall be retained by the former Member and may
not subsequently be assigned.
ARTICLE 6
DISSOLUTION AND TERMINATION
6.1
determine.
Dissolution. The Company shall be dissolved at such time as the Members shall
6.2 Liquidation and Termination. As soon as possible following the dissolution of the
Company, the Managers shall execute a statement of intent to dissolve in such form as shall be
prescribed by the Secretary of State and file the same with the Secretary of State. Upon the
filing of the statement of intent to dissolve, the Company shall cease to carry on its business,
except insofar as may be necessary for the winding up of its business, but its separate existence
shall continue until the articles of dissolution have been filed with the Secretary of State or until
a decree dissolving the Company has been entered by a court of competent jurisdiction.
6.3 Liquidating Distributions. In settling accounts after dissolution, the assets of the
Company shall be distributed (a) to creditors (including a Member if it is a creditor, to the extent
permitted by law) in satisfaction of the liabilities of the Company and then (b) to the Members.
6.4 Return of Contribution. Except as provided by law, upon dissolution, the
Members shall look solely to the assets of the Company for the return of that Member's Capital
Contribution.
8
ARTICLE 7
-DEFINITIONS AND MISCELLANEOUS PROVISIONS
7.1 Definitions. The terms used in this Agreement shall have the following meanings
unless otherwise expressly provided in this Agreement.
7.1.1 "Act" means the provisions of the Colorado Limited Liability Company
Act, C.R.S. ' 7-80-101, et sec ., and any provisions of any successor act.
7.1.2 "Affiliate" means any Person that directly or indirectly through one or
more intermediaries controls or is controlled by or is under common control with the referenced
Person.
7.1.3 "Agreement" means this Operating Agreement of ARNUSCH LAND
COMPANY, LLC, as amended from time to time.
7.1.4 "Articles" means the Articles of Organization of the Company filed with
the Secretary of State on August 1, 2013, as amended from time to time.
7.1.5 "Capital Contribution" means any contribution of cash, property, services
or the obligation to contribute cash, property or services made by or on behalf of the Member.
7.1.6 "Code" means the Internal Revenue Code of 1986, as amended.
7.1.7 "Company" means ARNUSCH LAND COMPANY, LLC, a Colorado
limited liability company.
7.1.8 "Economic Interest" means an interest in the Company that only entitles
the holder to receive the share of distributions and tax allocations to which the holder of the
Membership Interest would otherwise have been entitled; however, the holder of an Economic
Interest shall not be entitled to participate in the management of the business and affairs of the
Company, to vote on any matter as a Member, or to otherwise exercise or enjoy the powers or
privileges of a Member under this Agreement, the Articles or the Act.
7.1.9 "Entity" means any general partnership, limited partnership, limited
liability company, corporation, joint venture, trust, business trust, estate, cooperative or
association.
7.1.10 "Manager" means one or more managers of the Company. The initial
Managers shall be Marc C. Arnusch and Jill R. Arnusch and any other Persons that succeed them
in that capacity.
7.1.11 "Member" means the Persons listed on Schedule A attached hereto, which
may be amended from time to time.
7.1.12 "Membership Interest" means the entire ownership interest of a Member
in the Company at any particular time as set forth on Schedule A which may be amended from
time to time, including the right of the Member to any and all benefits to which the Member may
9
be entitled as provided in this Agreement, the Articles and the Act, together with the obligation
of the Member to comply with this Agreement, the Articles and the Act.
7.1.13 "Organizer" means all Persons that acted on behalf of the Company prior
to the filing of the Articles, executed the Articles and filed the Articles with the Secretary of
State.
7.1.14 "Person" means any individual or Entity, and the heirs, personal
representatives, administrators, legal representatives, successors, and assigns of such "Person"
where the context so admits.
7.1.15 "Regulations" means the regulations, temporary and final, of the Treasury
Department promulgated under the Code.
7.1.16 "Secretary of State" means the Secretary of State of the State of Colorado.
7.1.17 "Securities Acts" means the Securities Act of 1933, the Colorado
Securities Act and any other state securities law, as each may be amended.
7.1.18 "Successor -in -Interest" means those individuals who succeed to
ownership of a Member's Membership Interest, including without limitation, those individuals
defined, pursuant to the applicable laws of intestate or testate descent and distribution, as the
case may be.
7.2 Miscellaneous Provisions.
7.2.1 Books and Records. All accounts, books, and other relevant Company
documents shall be maintained by the Managers at the Company's principal place of business
and shall be maintained in accordance with the accounting methods elected to be followed by the
Managers on behalf of the Company.
7.2.2 Application of Colorado Law. This Agreement and the application and
interpretation hereof shall be governed exclusively by its terms and by the laws of the State of
Colorado and specifically the Act.
7.2.3 Amendments. The Articles and this Agreement may be amended from
time to time by the written consent of the Members.
7.2.4 Construction of Terms. Common nouns and pronouns shall be deemed to
refer to the masculine, feminine, neuter, singular or plural, as the identity of the Person may in
the context require. Any reference to the Code or statutes or laws shall include all amendments,
modifications or replacements of the specific sections or provisions concerned.
7.2.5 Headings. The headings in this Agreement are inserted for convenience
only and are in no way intended to describe, interpret, define or limit the scope, extent or intent
of this Agreement or any provision hereof.
10
7.2.6 Severability. If any provision of this Agreement or the application thereof
to any Person or circumstance shall be illegal, invalid or unenforceable to any extent, the
remainder of this Agreement and the application thereof shall not be affected and shall be
enforceable to the fullest extent permitted by law. Furthermore, a new provision shall
automatically be deemed added to this Agreement in lieu of such illegal, invalid or
unenforceable provision, which new provision is as similar in terms to such illegal, invalid or
unenforceable provision as is possible with the new provision still being legal, valid and
enforceable.
7.2.7 Entire Agreement. This Agreement represents the entire agreement
between the Members and the Company.
7.2.8 Heirs, Successors and Assigns; Service as Manager. Each and all of the
covenants, terms, provisions and agreements herein contained shall be binding upon and inure to
the benefit of each party hereto and, to the extent permitted by this Agreement, their respective
heirs, legal representatives, successors and assigns. This Agreement shall be applicable to and
binding upon the Managers. Service as a Manager shall be conclusive evidence of the
acceptance of the terms hereof.
7.2.9 Creditors' Rights. If a court of competent jurisdiction charges the
Membership Interest of a Member with payment of the unsatisfied amount of any judgment or
claim, to the extent so charged, the judgment creditor shall have only the rights of an assignee,
and the Company shall not be dissolved, unless otherwise dissolved pursuant to the provisions of
this Agreement or the Act. Such judgment creditor shall have only an Economic Interest and
shall not have the right to be admitted as a Member nor to exercise any rights of a Member under
this Agreement or the Act.
11
CERTIFICATE
The undersigned hereby agree, acknowledge and certify that the foregoing Agreement
constitutes the Operating Agreement of ARNUSCH LAND COMPANY, LLC adopted by the
Members effective as of the 1st day of August, 2013.
Members:
Marc C. Arnusch
Jill R. Am . ch
Company:
ARNUSCH LAND COMPANY LLC,
a Colorado limited liability company
By:
Marc C. Arnusch, co -Manager
By:
The undersigned hereby acknowledges the foregoing and agrees without exception to be
bound by its terms.
Managers:
Marc. C. Arnusch
d/7
74,ufe
Jill R. Arr sch
12
SCHEDULE A
Member Address
Marc C. Amusch 6506 WCR 65
Keenesburg, CO 80643
Jill R. Arnusch 6506 WCR 65
Keenesburg, CO 80643
Initial Capital Contribution Membership Interest
$100.00 50%
$100.00 50%
Weld County Treasurer
Statement of Taxes Due
Account Number R6780530 Parcel 130327400030
Assessed To
ARNUSCH LAND COMPANY LLC
33521 COUNTY ROAD 16
KEENESBURG, CO 80643-8812
Legal Description Situs Address
PT W2SE4 27 2 63 Lai- B REC EXEMI, RE -5104 33521 COUNTY ROAD 16 WELD
Year Fax
Tax Charge
Interest Fees
Payments Balance
2023 $22,748.08 $0.00
Total Tax Charge
WOO ($22,748,08►
$0.00
$0.00
Grand Total Due as 01'05/06/2024 $0.00
Tax Billed at 2023 Rates Ror Tax Area 2449 - 2449
Authority
WELD COUNTY
SCHOOL. D1ST RE31-KEENESBURG
CENTRAL COLORADO WATER
(CCW
LOST CREEK GROUNDWATER (LCG
S. E, WELD FIRE.
AIMS JUNIOR COLLEGE:
HIGH PLAINS LIBRARY
Taxes Billed 2023
'Credit Levy
Mill Levy
12,0240000*
16.79 30000
0.8910000
0.9450000
10,3270000
6.3360000
3.1960000
Amount
$5,4) 5.02
$7,562.74
$40125
$=125.58
$4,650.76
$2.851.41
$1,439.32
50.5120000 $22,748,08
Values Actual Assessed
OFFICES- $365,139 $101,870
IMPROVEMENTS
WAREHOUSE/STORA $1,)56,273 $322,600
GE -IMPS.
AG -FLOOD $59,308 615,660
IRRRIGATE:D LAND
AG -WASTE LAND $6 $10
FARM/RANCH $268,657 $18,01)0
RESIDENCE -IMPS
OTHER BLDG, $16,126 $4,260
AGRICULTURAL
Total $1,865,509 $462,400
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 that as of this date, all current and prior year
taxes related to this parcel have been paid in full.
Signed:
Data U5(O(1'(202L1
4711619 Pages: 1 of 1
05/04/2021 03:01 PM R Foe:$13.00 D Fee:$0.00
Carty Koppel, Clerk and Recorder. Weld County . CO
I0 11111
QUIT CLAIM DEED
(Pursuant to C.R.S. § 38-30-113(1)(d))
THIS DEED, made this 10" day of December, 2020 by LEGENDARY LAND
COMPANY LLC, whose street address is 33521 CR 16, Keenesburg, CO 80643 ("Grantor"), for
the consideration of Ten Dollars and 00/100 ($10.00) in hand paid, and other good and valuable
consideration, hereby sells and quitclaims to ARNUSCH LAND COMPANY, LLC, a Colorado
limited liability company whose street address is 33521 CR 16, Keenesburg, CO 80643
("Grantee"), the following real property in the County of Weld and State of Colorado, to wit:
Lot B of Recorded Exemption 5104 being part of the West 1/2 of the
Southeast 1/4 of Section 27, Township 2N, Range 63W of the 6th P.M.,
Parcel ID 130327400030.
Also known by street and number as: 33521 CR 16, Keenesburg, CO 80643.
TOGETHER WITH all appurtenances and improvements, excepting those water rights
pertaining to Well Permit No. 31659 -FP, and Colorado Ground Water Commission Determination
No. 3173 -BD, Amended: Findings and Order In the Matter of an Application for Determination
of a Right to an Allocation of Ground Water in the Lost Creek Designated Ground Water Basin.
GRANTOR:
LEGENDARY LAND COMPANY LLC
Marc C. Amusch, Member/Manager
STATE OF COLORADO
COUNTY OF\ J2QC
) ss.
BV:
Jill R. A ausch. Member/Manager
The foregoing instrument was subscribed and sworn to before me on this `4 day of
May, 2021. by Marc C. Amusch and by Jill R. Amusch, as Members/Managers and on behalf of
Legendary Land Company LLC, Grantor.
SUSAN K KITZMAN
Notaryl RLblic J
State of Colorado
Notary ID # 20044041221
My Commission Expires 12-12-2024
Witness my hand and official seal.
Notary Public 12' L� 2'f
My commission expires: 12.'
UPON RECORDING PLEASE RETURN TO:
Holsinger Law. LLC
1800 Glenann PL, Ste. 500
Denver, CO 80202
Page 1 of 1
4662337 Pages: 1 of 3
12/17/2020 03:13 PM
an'd Reo eds,,2We10d County, O'00
Carly Koppel),
IM M11 U thi 1041:1414§«411ilil+MM III II
BARGAIN AND SALE DEED AND ASSIGNMENT
th day of December 2THIS BARGAIN AND SALE DEED AND ASSIGNMENTis
sitedmade
liabthis
ilitycompany whose 0addre0ssos
between Legendary Land Company LLC, a Colorado limited
33521 CR 16, Keenesburg, CO 80643 ("Grantor„), and
Arnusch
Land
n Company, LLC,("Graa Colorado
16, L
limited liability company whose address is 33521 CR
ble
Grantor, for and inconsideration of the sum of TecDollars are he$eb 0yacknowledged b0) and other gooy Grantor,and ahas
consideration, the receipt and sufficiency of wh
sold, conveyed, and assigned, and by these presents oes hereby sell, convey, and ater rights associated with:assign unto
the Grantee, its successors and assigns forever, all waterand w
(1) Hoff 80: Well Permit No. 31659 -FP;
(2) Hoff 80: Colorado Ground Water Commission for Determination Determinationtion ofaRight toDdand.
Findings and Order in the Matter of an Application
Allocation of Ground Water in the Lost Creek Designated Ground Water Basin.
Including but not limited to any and all: applications, amendments, approvals or findings and
orders thereto (whether issued or pending by the Colorado
wateund atab I ty to export, ability
Commission or the
Lost Creek Ground Water Management District), banked reser,
to commingle with other wells, water supply agreements, contracts and leases, and any and all
rights in
related rights in tributary, nontributary, and not nonc'aims and enti ibutary grounlements assocwater, and iated with the
or to the use of such water, together with all rights,
use of such water and water rights, and all measuring
wells,
res andmonitoring
esholes,
used for oponds,
r
pumps, pump houses, motors, pipelines, utilities and other structures
associated with the diversion, conveyance, measuement, storage a d or use of contract r hers water
and or
use
rights, and all easements, rights of way, licenses, permits,
pertaining thereto to the extent owned by Grantor and described on EXHIBIT A attached hereto
and incorporated by reference herein.
ate set forth
IN WITNESS WHEREOF, the Grantor has executed this deed and assignment
on the of shall be deemed
above. Notwithstanding the date of execution, this deed and assignment
effective as of January 1, 2020.
GRANTOR/ASSIGNOR:
LEGENDARY LAND COMPANY LLC
By:
By:
UPON RECORDING PLEASE RETURN TO:
Kent Holsinger
Holsinger Law, LLC
1800 Glenarm PI., Ste. 500
Denver, CO 80202
Page 1 of 3
4662337 Pages: 2 of 3
1V1712020 03:13 PI" R Fee:23.00 D Fee:$0.00
Cer1Y 011. , Clerk and Reoo.L.,, Weld County, 0
frCtF tiiill tiMilkkawaIifilkNh'. Mk 11111
Marc C. Arnusch, Member
STATE OF COLORADO
‘A.AO
OF . O
) ss.
)
Jill R. Arnusch, Member
The foregoing instrument was subscribed and sworn to before me on this 10th day of
December 2020, by Marc C. Arnusch, as Member and on behalf of Legendary Land Company,
LLC, Grantor/Assignor.
TAYLO i NTIELL
N0==
O UBLIC
STATE OF COLORADO
NOTARY ID 2O174O13627
MY COMMISSION EXPIRES MARCH 29, 2021
Witness my hand and official seal.
Notary Plic
My commission expires:
STATE OF COLORADO )
�/ ��tt ) ss.
COUNTY OF \6VQ.U� )
The foregoing instrument was subscribed and sworn to before me on this 10th day of
December 2020, by Jill R. Arnusch, as Member and on behalf of Legendary Land Company, LLC,
Grantor/Assignor.
TAYLORANN CANT TELL
NOTARYlPUBLIC
,C , RADO
STATE O F-
NOTARY ID 2O174O13627
MY COMMISSION EXPIRES MARCH 29, 2021
Witness my hand and official seal.
Notary Pcblic
My commission expires: a.
Page 2 of 3
HIR
3742216 12/30/2010 04:16P Weld County, CO
1 of 1 R 11.00 D 40.00 Steve Moreno Clerk & Recorder
WARRANTY DEED
THIS DEED, made this 29th day of December, 2010, between The Albert Hofferber and Bertha Hofferber
Family Irrevocable Trust Dated January 11, 2001
of the Cot_ ty of Weld and State of Colorado,
grantor(s). and Marc C. Aransch and Jill R. Arnusch
whose legal address is 6506 WCR 65, Keenesburg, CO 80643
of the County of Weld and State of Colorado, grantees:
WITNESS, that the grantor(s), for and in consideration of the sum of FOUR HUNDRED THOUSAND AND
00/100 DOLLARS (5400,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted,
bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the
grantees, their heirs and assigns forever, Joint Tenants, all the real property, together with improvements, if any,
situate, lying and being in the County of Weld and State of Colorado, described as follows:
The West Half of the Southeast Quarter (W 1/2SE1/4) Section Twenty -Seven (27), Township Two
(2) North, Range Sixty-three (63) West of the Sixth Principal Meridian, County of Weld, State of
Colorado. Together with Lost Creek Groundwater Basin Irrigation Well, aprox
1100 gallons, Permit No. 31659 —FP. Fully Bonded Henrylyn Water Rights*
Seller reserves any and all oil, gas and other mineral rights in the property
also known by street and number as: 33577 CR 16, Keenesburg, CO 80643
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appeartainieg, and the reversion and reversions, remainder and remainders, rents, issues and prdfim thereof, and all
the estate. right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to
the above bargained premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
grantees, their heirs and assigns forever. The grantor(s), for himself; his heirs, and personal representatives, does
covenant, grant, bargain and agree to and with the grantees, their he. and assigns, that at the time of the ensealing
and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute
and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to
grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from
all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever
kind or nature soever, except general taxes for the current year and subsequent years, and except easements,
covenants, conditions, restrictions, reservations, and rights of way of record, if any.
The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet
and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully
claiming the whole or any part thereof.
The singular number shall include the plural, the plural the singular, and the use of any vender shall be applicable
to all genders.
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.
The Albert Hofferber and Bertha Hofferber
Family vocable T s ated J� ua 111,, 2001
Fr oge b , Trustee
J an Ifofferber,' Ft octee
State of Alabama
} ss.
County Of Baldwin
The foregoing instrument was acknowledged before me this December 28 , 2010, by The Albert Hofferber
and Bertha Hofferber Family Irrevocable Trust Dated January 11, 2001 by Rodney L. Hofferber and Joan
Hofferber as Trustees.
My Commission expires: Wi rey hand and off tat seal, `�.•
MY COMMISSION EXPIRES v
MARCH 15, 2014%-t:/r / N
�,.L Afi' t .F G .J
Notary Public 9 c�
*(partial Horse Creek allocation and
partial Prospect Reservior
allocation)
WARRANTY DEED
aayers Forwardlag Address for Recorded """1""
Is 33577 CR
16, Keea6urg, CO 80643
Fllek 1214IL'TNC
3987123 Pages: 1 of 1
12/31/2013 10.32 AM R Fee:$11.00 D Fee:$0.00
Steve Moreno, Clerk and Recorder. Weld County, CO
fill T tiisi.CANTAPif Ilitil.Ki7lvr4liVi th 1I III
QUITCLAIM DEED
THIS DEED, made this 15 day of August 2013, between
Marc C. Arnusch and Jill R. Arnusch
of the said County of Weld and State of Colorado,
Grantor, and
Legendary Land Company, LLC
Whose legal address is:
33521 CR 16 Keenesburg, CO 80643
of the said County of Weld and State of Colorado, grantee:
WITNESS, that the grantor, for and in consideration of the sum of
($10.00) ten dollars and no/100 the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed, and
QUIT CLAIMED, and by these presents do remise, release, sell, convey and Quit Claim, unto the grantee, his heirs, successors and
assigns, forever, all the right title, interest, claim and demand which the grantor has in and to the real property, together with improvements,
if any, situate, lying and being in the County of Weld and State of Colorado described as follows:
Lot B of Recorded Exemption 5104, being part of the West 4 of the Southeast 1/4 of Section 27, Township 2N, Range
63W, together with all water rights, irrigation equipment and improvements thereon. Parcel 130327400030.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise
thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor, either in law or equity, to the only proper
use, benefit and behoove of the grantee, his heirs and assigns forever. The singular number shall include the plural, the plural and the
singular, and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.
c
Marc C. Arnusch
STATE OF _Colorado
ss.
COUNTY OF _Weld
The foregoing instrument was acknowledged before me this . c , day of .Q'/1, c ,
b rti\ C L L , ri
My commission expires , �v v\ f� Witness my hand and official seal.
STEPHANIE FLORENCE HUDDLESTON
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20124059965
Commission : - Se . 20, 2016
Quitclaim Deed
Notary Public
111k
COLORADO
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
ApplicantI
Marc
and
Jill
Arnusch
i
RE
-5104
Planner
M
Martin
Legal
Description
W2 SE4
of
Section
27, Township
2
North,
Range 63 West
of
the
6th
P.M
Weld
County, Colorado
Parcel
ID
#
13O3
27 000019
Lot
I
A Size
+1- 2 5 acres
Lot
B Size:
+1- 77.5 acres
Water
Source:
Lot
A. Well
permit
#75322
Sewer System
Lot
A: ISDS
Lot
B Well
permit
#43056
(G19740215)
Lot
B. I
SDS
( SE
-
1100015)
Yes No
Criteria Checklist
X 1. Conforms with Chapter 22 of the Weld County
Code and any adopted municipal plan.
X 2 Compatible with the existing surrounding land uses
X 3. Consistent with the intent of the zone district
X 4. Consistent with efficient and orderly development
X 5 Complies with Recorded Exemption standards in
Section 24-8-40 of the Weld County Code.
X 6 Provides for adequate protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County
Approved with Conditions
The Weld County Department of Planning Services has determined through an administrative review that
the standards of Section 24-8-40 of the Weld County Code have been met This Recorded Exemption is
approved with the following conditions in accordance with information submitted in the application and the
policies of Weld County.
1. A Weld County septic permit is required for any proposed home The septic system shall be
installed according to the Weld County Individual Sewage Disposal System (I S. D. S ) regulations.
2. The applicant has proposed a well as the source of adequate water for Lots. Property owners are
advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use
Only," etc. Because each situation is unique, the Department of Planning Services encourages property
owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street,
Room 818, Denver. Colorado 80203. Phone 303-866-3581), to discuss each individual situation.
3. Topographic or physical features of the proposed Lots, such as ravines, ditches, streams etc. may
limit the area available for a new or replacement septic system. Prior to recording the plat the Weld
County Department of Public Health and Environment recommends that the applicant review the Weld
County Code pertaining to septic systems to assure that any installed septic system will comply with all
setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow the
installation of a septic system the lot may need to be enlarged.
4. Prior to recording the plat:
A. The applicant shall submit a sketch of the existing septic system in relation to the proposed
lot line to the Weld County Department of Public Health and Environment. Evidence of
approval shall be submitted to the Department of Planning Services.
The applicant shall address the requirements (concerns) of Colorado Division of Water
Resources, as stated in the referral response dated 5/9/2011. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services
The applicant shall address the requirements (concerns) of The Henrylyn Irrigation District,
as stated in the referral response dated 4/20/2011. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services.
The applicant shall address the requirements of Weld County School District RE -3J as
stated in the referral response dated 5/3/2011. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services.
Lot A shall comply with the two and one-half (2 1/2) acre net minimum lot size required by
Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include
reserved road right-of-way.
The applicant shall provide the Weld County Department of Planning Services with a
Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for
the original parcel.
G. The applicant shall submit written documentation stating which well is properly permitted for
each lot.
5. Items to be included on the plat:
The plat shall be titled: Recorded Exemption No. 1303-27-4 RE -5104
Lot A shall use the existing residential access point as no additional accesses shall be
granted. label the access with Access permit number AP11-00129.
er Lot B shall use the existing residential access point as no additional accesses shall be
granted. label the access with Access permit number AP11-00129.
fi! All approved accesses shall be clearly shown on the plat. The applicant shall contact the
Weld County Department of Public Works to determine if a culvert is necessary at any
approved road access point. If a drainage culvert it required, a 15 inch Corrugated Metal
Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger
culvert please contact the Weld County Department of Public Works to adequately size the
culvert.
E. County Road 16 is designated on the Weld County Road Classification Plan as a collector
road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of
right-of-way. An additional 10 feet shall be delineated on the plat as future County Road 16
right-of-way. All setbacks shall be measured from the edge of future right-of-way. The
applicant shall verify the existing right-of-way and the documents creating the right-of-way
and this information shall be noted on the plat. If the right-of-way cannot be verified, it shall
be dedicated. This road is maintained by Weld County.
F. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on
the plat per the setback requirements of 23-3-50.E of the Weld County Code.
6 The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located. Pursuant to the
definition of setback in the Weld County Code, the required setback is measured
from the future right-of-way line.
No building or structure as defined and limited to those occupancies listed as Groups
A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code,
shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot
radius of any wellhead. Any construction within a 200 -foot radius of any tank battery
or 150 -foot radius of any wellhead shall require a variance from the terms of the
Section 23-3-10 of the Weld County Code.
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-
20.C.1 of the Weld County Code.
4) Prior to the release of building permits, the applicant shall submit a recorded deed
describing the Lot upon which the building permit is requested with the building
permit applications. The legal description on such deed shall include the Lot
designation and Recorded Exemption number.
5) Prior to the release of building permit, the applicant shall submit evidence of approval
from the Southeast Weld Fire Protection District to the Weld County Building
Department.
6) Potential purchasers should be aware that groundwater may not meet all drinking
water standards as defined by the Colorado Department of Public Health and
Environment. The Weld County Department of Public Health and Environment
strongly encourages well users to test their drinking water prior to consumption and
periodically there after.
7) Potential purchasers should be aware that approval of this Recorded Exemption
does not guarantee that well permits will be issued for the lots. Any lot may be
deemed non -buildable if the lot owner is unable to obtain a well permit. The State
Division of Water Resources issues all well permits.
8) Should noxious weeds exist on the property or become established as a result of the
proposed development the applicant/landowner shall be responsible for controlling
the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County
Code.
9) Building permits shall be obtained prior to the construction of any building. Buildings
that meet the definition of an Ag Exempt Building per the requirements of Section 29-
1-20 and Section 29-3-20.8.13 of the Weld County Code do not need building
permits, however, a Certificate of Compliance must be filed with the Planning
Department and an electrical and/or plumbing permit is required for any electrical
service to the building or water for watering or washing of livestock or poultry.
10) Effective April 25, 2011, Building Permits issued on the proposed lots will be required
to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance
2011-2)
11) Effective April 25, 2011, Building permits issued on the subject site will be required to
adhere to the fee structure of the County Facility Fee and the Drainage Impact Fee.
(Ordinance 2011-2)
12) WELD COUNTY'S RIGHT TO FARM' Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in
the country in total market value of agricultural products sold. The rural areas of
Weld County may be open and spacious, but they are intensively used for
agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town. Along with the drawbacks come the incentives which
attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife,
lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County
would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area.
Well -run agricultural activities will generate off -site impacts, including noise from
tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal
pens, field work, harvest and gravel roads; odor from animal confinement, silage and
manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields. including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and
supplies to assist in their agricultural operations. A concentration of miscellaneous
agricultural materials often produces a visual disparity between rural and urban areas
of the County. Section 35-3.5-102. C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation
alleged to be a nuisance employs methods or practices that are commonly or
reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the
way" of residential development. When moving to the County, property owners and
residents must realize they cannot take water from irrigation ditches, lakes, or other
structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles
in size (twice the size of the State of Delaware) with more than three thousand seven
hundred (3,700) miles of state and County roads outside of municipalities. The sheer
magnitude of the area to be served stretches available resources. Law enforcement
is based on responses to complaints more than on patrols of the County, and the
distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers
who must leave their jobs and families to respond to emergencies. County gravel
roads, no matter how often they are bladed, will not provide the same kind of surface
expected from a paved road. Snow removal priorities mean that roads from
subdivisions to arterials may not be cleared for several days after a major snowstorm.
Services in rural areas. in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban
setting. Farm equipment and oil field equipment, ponds and irrigation ditches,
electrical power for pumps and center pivot operations, high speed traffic, sand burs.
puncture vines, territorial farm dogs and livestock, and open burning present real
threats. Controlling children's activities is important, not only for their safety, but also
for the protection of the farmer's livelihood.
7. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the paper copies the applicant shall
submit a Mylar plat along with all other documentation required as conditions of approval. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of
Planning Services' Staff. The plat shall be prepared in accordance with the requirements of
Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be
submitted within sixty (60) days from the date the Administrative Review was signed. The applicant
shall be responsible for paying the recording fee.
8. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required sixty (60) days from the date the Administrative Review was
signed a $50.00 recording continuance charge may be added for each additional 3 month period.
9. The Department of Planning Services respectfully requests the surveyor provide a digital copy of
this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf. and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, ArcInfo Coverages and Arclnfo Export files format
type is .e00. The preferred format for Images is ,tif (Group 4). (Group 6 is not acceptable). This
digital file may be sent to dhuerterl0ico.weld.co.us
10. The Weld County Department of Planning Staffs approval of this Recorded Exemption Application
is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to
meet any one of these conditions within 60 days of approval, then this case will be forwarded to
the Weld County Board of County Commissioners with a staff recommendation for denial.
Date ..n."/2vi i
Michelle Martin ;: Planner
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