HomeMy WebLinkAbout20250738Resolution
Approve Termination of Improvements Agreement According to Policy Regarding
Collateral for Improvements for Use by Special Review Permit, USR11-0019 —
Kenneth Everitt
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 February 22, 2012, the Board approved the application of Kenneth Everitt,
c/o A & W Water Service, Inc., Attn: Jeff Wright, for Use by Special Review Permit,
USR11-0019, for an Oil and Gas Support and Service Facility (commercial water sales)
in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Being part of the SE1/4 of Section 10, Township 10 North, Range 61 West
of the 6th P.M., Weld County, Colorado
Whereas, on June 25, 2012, the Board of County Commissioners of Weld County,
Colorado, approved an Improvements Agreement According to Policy Regarding
Collateral for Improvements between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and Kenneth Everitt,
c/o A & W Water Service, Inc., with terms and conditions being as stated in said
agreement, and
Whereas, staff has received a request from the current property owner, Kenneth Everitt,
53863 County Road 136, Pine Bluffs, Wyoming 82082, represented by Select Water
Solutions, LLC, formerly known as A & W Water Service, Inc., 13025 County Road 16,
Fort Lupton, Colorado 80621, to terminate the Improvements Agreement, recorded at
Reception #3860002, in the records of the Weld County Clerk and Recorder, as a result
of the vacation of USR11-0019, approved by the Board on February 26, 2025.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that said Improvements Agreement for Use by Special Review Permit,
USR11-0019, be, and hereby is, terminated.
5018986 Pages: 1 of 2
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Carly Koppes, Clerk and Recorder, Weld County , CO
VIII I ��IKLII�IL 1 14 I� L I ' Nl�� hli �� 1 NAM Bill
cc; pL(DgAiw/nnt-nAiLo/KR) 2025-0738
04/09 /as PL2149
Terminate Improvements Agreement According to Policy Regarding Collateral for
Improvements for Use by Special Review Permit, USR11-0019 — Kenneth Everitt
Page 2
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 17th day of March, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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Carly Koppes, Clerk and Recorder, Weld County , CO
Bill
2025-0738
PL2149
MEMORANDUM
TO: Clerk to the Board
DATE: February 26, 2025
FROM: Jazmyn Trujillo -Martinez, Planning Services Dept.
SUBJECT: BOCC Agenda Item — Approve Termination of
Improvements and Road Maintenance Agreement
and Release of Collateral For:
Kenneth Everitt do A & W Water Service, Inc — USR11-0019
Request to Approve Termination of Improvements and Road Maintenance Agreement:
The Department of Planning Services received a request from Select Water Solutions, LLC,
formerly known as A & W Water Solutions, Inc, requesting that the Board of County
Commissioners consider approving the termination of the Improvements and Road Maintenance
Agreement for (USR11-0019). The Improvements and Road Maintenance Agreement was approved
on June 25, 2012, and recorded as Reception 3860002 and Tyler 2012-1571. This termination is a
result of the approved vacation of USR11-0019 on February 26, 2025.
Request to Release Road Maintenance Collateral:
At the time that the Improvements and Road Maintenance Agreement was signed and approved on
June 25, 2012, property owner, Kenneth Everitt, was required to provide Road Maintenance
Collateral in the amount of $2,400.00, to be held for the life of the USR. Collateral was provided in
the form of a personal check. Staff is requesting that the Board of County Commissioners consider
approving the release of the Road Maintenance Collateral in the amount of $2,400.
Recommendation:
The Departments of Planning Services, Public Works, and the County Attorney's Office are
recommending approval of the termination of the Road Maintenance Agreement According To
Policy and release of Road Maintenance Collateral for USR11-0019, and that this item be placed on
the next regularly scheduled BOCC Hearing, as part of the Regular Agenda.
cc: Dawn Anderson, Planning Services
2025-0738
3/11
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