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HomeMy WebLinkAbout20250739.tiffResolution Approve Termination of Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements for Use by Special Review Permit, USR17-0067 — Robert L. Seltzer Family Trust, c/o Gallacher Development, 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 April 4, 2018, the Board approved the application of Robert L. Seltzer Family Trust, 33641 County Road 83, Briggsdale, Colorado 80611-7808, c/o Gallacher Development, LLC, 10465 Park Meadows Drive, Suite 107, Lone Tree, Colorado 80124, for Use by Special Review Permit, USR17-0067, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (self -storage facility), provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot A of Recorded Exemption, RE -4482; being part of the SW1/4, W1/2 SE1/4 of Section 34, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado Whereas, on February 6, 2019, the Board of County Commissioners of Weld County, Colorado, approved an Improvements and Road Maintenance 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 the Robert L. Seltzer Family Trust, c/o Gallacher Development, LLC, with terms and conditions being as stated in said agreement, and Whereas, due to a change in ownership, and upon recommendation of staff, the Board deems it advisable to terminate the Improvements and Road Maintenance Agreement, approved on February 6, 2019, recorded at Reception #4466979, in the records of the Weld County Clerk and Recorder. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the Improvements and Road Maintenance Agreement with the Robert L. Seltzer Family Trust, c/o Gallagher Development, LLC, for Use by Special Review Permit, USR17-0067, be, and hereby is, terminated. 50188$7 Pages: 1 of 2 03/27/2025 10:55 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 IirdNIFI II.010:1 ' 111111 cc .Pl, (DEMN /DA/srK /KR) O4 /09 /2S 2025-0739 PL2531 Terminate Improvements and Road Maintenance Agreement for Use by Special Review Permit, USR17-0067 — Robert L. Seltzer Family Trust, c/o Gallacher Development, LLC 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 Peppier: Aye Kevin D. Ross: Aye Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 5018987 Rages: 2 of 2 03/27/2025 10:56 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 2025-0739 PL2531 MEMORANDUM TO: Clerk to the Board DATE: February 28, 2025 FROM: Jazmyn Trujillo -Martinez, Planning Services Dept. SUBJECT: BOCC Agenda Item — Approve Replacement Improvements and Road Maintenance Agreement For: Public Storage Operating Company — USR17-0067 Reauest to Approve Replacement Improvements and Road Maintenance Agreement: The Department of Planning Services received a request from, Public Storage Operating Company, requesting that the Board of County Commissioners consider approving the replacement Improvements and Road Maintenance Agreement for (USR17-0067). The property recently changed ownership. The deed supporting this change of ownership is attached. No collateral is required with this agreement. Weld County Planning Services, Public Works, and the County Attorney's Office have reviewed the above mentioned signed original document and observed the following: All Public Works related items, of the "Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For Improvements", are found to be acceptable. This Agreement complies with the terms of the Use by Special Review Permit Resolution, as signed by the Board of County Commissioners. Recommendation: The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending approval of the replacement Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For Improvements for USR17-0067, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda. cc: Dawn Anderson, Planning Services 2025-0739 3/ -7 R253 Hello