HomeMy WebLinkAbout20252821.tiffDEPARTMENT OF PLANNING SERVICES
MEMORANDUM
COUNTY, CO
To: Weld County Board of County Commissioners
From: Matthew VanEyll, Planner II
Subject Partial Vacation of SE -1071
Hearing Date: October 15, 2025
Owners: Cairn Stone Holdings LLC c/o Mark Stonehocker
Legal Description: Lot B of Subdivision Exemption SE -1071; being a part of the NW4 of Section 30, T2N,
R68W of the 6th P.M., Weld County, CO
Location: South of and adjacent to County Road 18 Section Line; East of and adjacent to County
Road 1
Parcel Number: 1313-30-2-00-002
Total Parcel Size: +/- 71.064 acres Zone District A (Agricultural)
Summary:
The applicant requests to vacate Lot B, being the largest lot of the two -Lot Subdivison Exemption SE -1071,
recorded November 4, 2005, reception #3337739. This partial vacation of Lot B of SE -1071 would result in
an approximately 71 acre unplatted parcel. Lot A of SE -1071 is not a part of this action.
Vacation Criteria:
The Vacation of a Subdivision 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 Subdivision 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.
2025-2821
1(115 Partial Vacation of Lot B of SE -1071
Page 1 of 2
- ID"1
Recommendation:
The Department of Planning Services staff has reviewed this request and recommends that this request be
approved by the Board of County Commissioners subject to the following condition.
A. If the vacation request is approved by the Board of County Commissioners, the vacation plat shall
be submitted to the Department of Planning Services for review in accordance with Sections 24-
11-50.H and I of the Weld County Code. Upon acceptance of the plat, the plat shall be signed by
the property owner 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.
Partial Vacation of Lot B of SE -1071
Page 2 of 2
Exhibit Inventory Control Sheet
Cairn Stone Holdings, LLC
SE -1071
Exhibit Submitted By
Description
A Adjacent Property Owner Email re: request to remove from Consent
Agenda (received 10/7/2025)
Adjacent Property Owner Email re: Objection to Partial Vacation Request
(received 10/8/2025)
C
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2025-*
Esther Gesick
From:
Sent:
To:
Cc:
Subject:
DAN SPICKARD <dlspickard@msn.com>
Tuesday, October 7, 2025 2:04 PM
Esther Gesick
Matthew VanEyll
Re: Partial Vacation, VAC25-0013 re: SE -1071 _ Mark Stonehocker
This Message Is From an Untrusted Sender
You have not previously corresponded with this sender. Use extra caution and avoid replying with sensitive information, clicking
links, or downloading attachments until their identify is verified.
Hi Esther,
Thank you so much for sending this over.
Dan
From: Esther Gesick <egesick@weld.gov>
Sent: Tuesday, October 7, 2025 12:59 PM
To: dlspickard@msn.com <dlspickard@msn.com>
Cc: Esther Gesick <egesick@weld.gov>; Matthew VanEyll <mvaneyll@weld.gov>
Subject: Partial Vacation, VAC25-0013 re: SE -1071 _ Mark Stonehocker
Hello Dan,
Thanks for calling. The requested record is attached for your review, and I've also copied the case Planner,
Matthew VanEyll, on this response in case you have any direct questions concerning the process. Please let me
know if I can be of any further assistance.
Matthew — for your benefit, Mr. Spickard is seeking information concerning the property owner's intent for future
use of the property. He is intending to speak with his neighbor; however, if there are further questions, he may ask
that this be removed from the Consent Agenda in an effort to gain further clarification.
Kindly,
COUNTY. CO
Esther E. Gesick
Clerk to the Board
Desk: 970-400-4226
Cell : 970-302-7415
P.O. Box 758, 1150 0 St., Greeley, CO 80632
x
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only for the person or entity to which it is addressed and may contain information that is privileged,
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2
Esther Gesick
From:
Sent
To:
Cc:
Subject
DAN SPICKARD <dlspickard@msn.com>
Tuesday, October 7, 2025 2:20 PM
clerktotheboard@weldgov.com; Esther Gesick; Chloe White
Scott James
Request to Remove Item from Oct 15th Commissioner Meeting Consent Agenda —
Partial Vacation of Subdivision Exemption SE -1071
This Message Is From an Untrusted Sender
You have not previously corresponded with this sender. Use extra caution and avoid replying with sensitive information, clicking
links, or downloading attachments until their identify is verified.
Date: October 7, 2025
To: Weld County Board of Commissioners
Scott James, Weld County District 2 Commissioner
Via: Clerk to the Board
Subject: Request to Remove Item from Consent Agenda — Partial Vacation of Subdivision Exemption SE -1071
Dear Commissioners,
We are the owners of Parcel A within the PT NW4 30-02-68 Lot A Subdivision Exemption SE -1071 (.43R). We
are directly affected by the proposed partial vacation for Parcel B of the same Subdivision Exemption, which is
currently listed on the Consent Agenda for the Board of County Commissioners meeting scheduled for October
15, 2025. The proposed action would modify the terms under which our property was created and could
potentially affect existing access, easements, and the legal status of our parcel. Because of these implications,
we respectfully request that this item be removed from the Consent Agenda and placed on the Regular
Agenda for individual discussion, to ensure that all affected parties' rights and easements are properly
considered and documented.
Thank you for your attention to this matter.
Respectfully,
Dan Spickard
Shana Spickard
Address: 176 County Road 18, Longmont, CO 80504
Email: dlspickard@msn.com
Phone: (720)0353-0036
EXHIBIT
Jan Warwick
From:
Sent:
To:
Cc:
Subject:
Matthew VanEyll
Wednesday, October 8, 2025 10:16 AM
CTB
dlspickard@msn.com; Maxwell Nader
FW: VAC25-0013 Follow Up
Good Morning, Clerk to the Board team,
d
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The neighbor of Lot B of SE -1071 is requesting the two correspondences below to be added to the public record for
the Board of County Commissioners regarding VAC25-0013, scheduled for consent agenda item on October 15,
2025.
Best,
COUNTY, CO
Matthew Van Eyll
Planner II
Dept. of Planning Services
(970) 400-3556
1402 N 17th Ave, Greeley, CO 80631
0
X
0
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person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
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concerning the contents of this communication or any attachments by anyone other than the named recipient is
strictly prohibited.
From: DAN SPICKARD <dlspickard@msn.com>
Sent: Wednesday, October 8, 2025 10:05 AM
To: Matthew VanEyll <mvaneyll@weld.gov>
Subject: Re: VAC25-0013 Follow Up
This Message Is From an Untrusted Sender
You have not previously corresponded with this sender. Use extra caution and avoid replying with sensitive information, clicking
links, or downloading attachments until their identify is verified.
Date: 10/8/2026
Subject: Partial vacation of Subdivision Exemption SE -1071
1
Good morning, Matthew
Thank you for confirming that the access and utility easement along the southern boundary of Lot A remains
u naffected and for referencing §24-11-50(G).
While I appreciate that assurance, my concern is broader than the easement itself. Vacating Lot B at this time
appears premature, serves no public interest, and is potentially inconsistent with the purpose of the
subdivision -exemption process. The owner has not presented a necessity beyond convenience, and a vacation
n ow could enable future division or development without the normal public review of access, drainage, and
u tility plans that would be examined in a new subdivision application.
Accordingly, I maintain my objection and intend to present it at next Wednesday's Board meeting. I
respectfully request that this item be heard on the regular agenda rather than the consent agenda. Please
include this correspondence and yours in the public record for the Board of County Commissioners'
consideration.
Thank you for your time and for ensuring a full and transparent review.
Best regards,
Dan Spickard
Lot A, Subdivision Exemption SE -1071
From: Matthew VanEyll <mvaneyll@weld.gov>
Sent: Wednesday, October 8, 2025 8:28 AM
To: DAN SPICKARD <dlspickard@msn.com>
Subject: VAC25-0013 Follow Up
Good Morning, Dan,
The owner of Lot B of SE -1071, as you know, is seeking to vacation this lot form the subdivision exemption. Your
property, Lot Al is not affected. The 30 foot access and utility easement on the southern part of your property is not
affected. If this was to be affected, you would need to sign off on it. Section 24-11-50 G. explains:
In the event any easement is to be vacated by the vacation, the Planner may require the applicant to provide
evidence that the interests of the easement beneficiaries are protected. Such evidence may include, but is not
limited to, signed and notarized consent of all beneficiaries of the easement to be vacated. Existing easements are
n ot affected by a complete or partial vacation of an exemption plat except as indicated on the vacation plat. Any
e asement created by dedication on the original exemption plat and not vacated shall be rededicated on the
exemption vacation plat in the signed Property Owner's Certificate. Road rights -of -way are not affected by a
complete or partial vacation of an exemption plat.
The proposed vacation plat still shows this 30 -foot easement. The resolution that Ester sent over to you, if
approved as is, states, "no existing easements are affected by this vacation of Lot B of Subdivision Exemption, SE -
1071."
2
Are there any additional questions you may have?
Best,
COUNTY, CO
Matthew Van Eyll
Planner II
Dept. of Planning Services
(970) 400-3556
1402 N 17th Ave, Greeley, CO 80631
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person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
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return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is
strictly prohibited.
3
To Whom it May Concern,
I/We
Calm Stone Holdings. LLC
are writing to request the (complete
(c
Recorded Exemption
(Nome of Property Owner)
cation of Lot a of
Subdivision Exeapeon No. 1071
(Insert Lot Designation)
(Insert Reomded Exemption numbed
nark Siongilat_ker v/ol10.?S cts .ham�+.� Ga:rh S1:'Ov.lidckt sS,�
Print: Owney or Authorized Agent Date Print: Owner orAuth&izW Agent Date V
Signature: Owner or Authorized Agent Signature: Owner or Authorized Agent
01124
5
VACATION OF LOT B OF SUBDIVISION EXEMPTION NO. 1071
LOCATED IN THE NI QUARTER OF SECTION 30,
TOWNSHIP 2 NORTH, RANGE 88 REST OF THE 6TH P.H.
COUNTY OF IELD, STATE OF COLORADO
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SUBDIVISION EMIPTION N0. 1071
PT OF THEN 1/2 OF M NW 1/4 SECTION 30
TOWNSHIP 2 NORM. RANGE SR WEST OF THE {TN �.Y.
cowl, OF WELD, STATE OF COLORADO
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: October 15, 2025
Hearing Time: 9:00 a.m.
Applicant:
Cairn Stone Holdings, LLC
do Mark Stonehocker
14642 Stellas Meadow Drive
Broomfield, Colorado 80023
Request: Partial Vacation, VAC25-0013, of Two -Lot Subdivision Exemption, SE -1071,
for Removal of Lot B
Legal Description: Lot B of Subdivision Exemption, SE -1071; being part of the NW1/4
of Section 30, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado
Location: South of and adjacent to County Road 18 Section Line; east of and adjacent
to County Road 1 (see Legal Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: October 3, 2025
Weld County Clerk to the Board's Office
Certificate of Mailing Form
Partial Vacation of SE -1071
Owner
Name
T
_
Address 1
City
State
Postal
Code
DANNY
AND
SHANA
SPICKARD
176
COUNTY
ROAD
18
ONGMONT
CO
80504-9482
CAIRN
STONE
HOLDINGS
LLC
14642
STELLAS
MEADOW
DR
BROOMFIELD
CO
80023-8401
I hereby certify that I have placed a true and correct copy of the Notice, in accordance with the notification requirements of
Weld County for Partial Vacation of Subdivision Exemption, SE -1071, in the United States Mail, postage prepaid First Class
Mail as listed above, this 3rd day of October, 2025.
nt victA torcL
Janet M. Warwick
Deputy Clerk to the Board
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9590 9402 6113 0209 7535 71
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COMPLETE THIS SECTION ON DELIVERY
A. Signature
X
IC i
B. received by (Printed Name)
O Agent
O Addressee
C. Date of Delivery
D. Is delivery address different from item 1? O Yes
If YES, enter delivery address below: O No
2. Article Number (Transfer from service label)
9589 0710 5270 1,504 7267 69
3. Service Type
❑ Adult Signature
❑ Adult Signature Restricted Delivery
ertified Mail®
❑ Certified Mail Restricted Delivery
❑ Collect on Delivery
❑ Collect on Delivery Restricted Delivery
"' Mail
vlail Restricted Delivery
)0)
❑ Priority Mail Express®
❑ Registered MarITM
❑ Registered Mail Restricted
Delivery
❑ Return Receipt for
Merchandise
❑ Signature Confirmation) M
❑ Signature Confirmation
Restricted Delivery
PS Form 3811, July 2015 PSN 7530-02-000-9053
Domestic Return Receipt ;
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
9/17/2025
10:22:38 AM
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, https://maps.weld.gov/propertyportal/, 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.
O6to4-6k.i,0etkoTt_it
Signature
oq(►� IZo25
Date
Property Owners Within 500 Feet of Parcel# 131330200002
Account
Parcel
Owner
Mailing Address
R5627386
R5627586
R5627686
R5627686
R7193497
R7193497
R8949974
R8949975
R8949975
R4718107
R4718107
131319000005
131319000006
131319000033
131319000033
131319400067
131319400067
131330100001
131330100002
131330100002
131330100011
131330100011
RASMUSSEN SHERRI LYNN
PLEASANT VIEW CEMETERY ASSN
HARPER AMANDA ANNE
DEL TUFO CARL G
KRAFFT TERRY E
KRAFFT CYNTHIA H
MOUROT ANGELE MARIE
DEEMER SCOTT
DEEMER PAULA HETTINGA
SCHNEIDER DALLAS L
SCHNEIDER MARJORIE A
PO BOX 847
LONGMONT, CO 805020847
620 11TH AVE
LONGMONT, CO 805014345
517 COUNTY ROAD 18
LONGMONT, CO 805049482
547 COUNTY ROAD 18
LONGMONT, CO 805049482
625 COUNTY ROAD 16 1/2
LONGMONT, CO 805049467
505 COUNTY ROAD 16 1/2
LONGMONT, CO 805049467
520 COUNTY ROAD 18
LONGMONT, CO 805049482
Page 1 of 3
Property Owners Within 500 Feet of Parcel# 131330200002
R5387408 131330100090
R5387408 131330100090
R5387508 131330100091
R5387508 131330100091
R4241206 131330200001
33
R4241206 131330200001
Corp
R4241306 13133020000230
R6777243 131330200030
R6777243 131330200030
R6777243 131330200030
R6777243 131330200030
R6777243 131330200030
R6777244 131330200031
R6777244 131330200031
R6777244 131330200031
R6777244 131330200031
SMITH CONLEY LIVING TRUST
SMITH TAMMY LIVING TRUST
DEMATTEO RICHARD A
DEMATTEO KATHLEEN M
SPICKARD DANNY L
SPICKARD SHANA C
CAIRN STONE HOLDINGS LLC
SAWDEY DORIS I
SAWDEY HAROLD FRANK LIVING
TRUST
SAWDEY INEZ ELAINE
SAWDEY SANDY LIVING TRUST
SAWDEY TRUST B OF R&S SAWDEY
JT TRUST
SAWDEY DORIS I
SAWDEY HAROLD FRANK
SAWDEY INEZ ELAINE
SAWDEY TRUST B OF R&S SAWDEY
JT TRUST
Parcels: 13 Owner Records: 27
671 COUNTY ROAD 16 1/2
LONGMONT, CO 805049467
675 COUNTY ROAD 16 1/2
LONGMONT, CO 805049467
176 COUNTY ROAD 18
LONGMONT, CO 805049482
14642 STELLAS MEADOW DR
BROOMFIELD, CO 800238401
7770 COUNTY ROAD 1
LONGMONT, CO 805049473
7770 COUNTY ROAD 1
LONGMONT, CO 805049473
Page 2 of 3
Property Owners Within 500 Feet of Parcel# 131330200002
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: Subdivision Exemption No 1071 Lot B
O Complete Vacation (must include all lots)
® Partial Vacation (vacated lots must be over 35 acres each)
List of lots to he vacated.
Lot Parcel Number
Acreage Affected Easements
S 3o T 2 N R 88W
B
131330200002
71 064
30' Node ingress, egress, & utility easement, not to be vacated
will be included on Vacation plat
Property Owner(s) (Attach additional sheets if necessary.)
Name. Mark Stonehocker, Manager
Company: Cairn Stone Holdings. LLC
Phone # 353 -gat -1635
Email'. mark@westadatns cram
Street Address: 14642 Stellas Meadow Drive
City/State/Zip Code: Broomfield. CO80023
Applicant/Authorized Agent (Authorization form must be included if there is an Authorized Agent.)
Name: No agent, owner representing itself
Company:
Phone #
Email:
Street Address:
City/State/Zip Code:
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
exemps
7/O02f
ignature Owner or Authorized genes t Date Signature Owner or Authonzed Agent Date
/1142-k Sborineliocker
Print Owner or Authorized Agent Print Owner or Authorized Agent
As AAway ►r . G��r �l STn-Je 64611113. ca.c
01/24
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.
-Fi1 e d
Colorado Secretary of State
Date and Time: 01/23/2019 09:26 AM
ID Number: 20101072151
Document number: 20191059682
Amount Paid: $10.00
ABOVE SPACE FOR OFFICE USE ONLY
Periodic Report
filed pursuant to §7-90-301, et seq. and §7-90-501 of the Colorado Revised Statutes (C.R.S)
ID number:
Entity name:
Jurisdiction under the law of which the
entity was formed or registered: Colorado
20101072151
Cairn Stone Holdings, LLC
1. Principal office street address:
14642 Stellas Meadow Drive
(Street name and number)
Broomfield CO 80023
(City) (State) (Postal/Zip Code)
United States
(Province — if applicable) (Country — if not US)
2. Principal office mailing address:
(if different from above) (Street name and number or Post Office Box information)
(City)
(State) (Postal/bp Code)
(Province — if applicable) (Country — if not US)
3. Registered agent name: (if an individual) Stonehocker
or (if a business organization)
(Gast)
Mark
(First)
(Middle) (Suffix)
4. The person identified above as registered agent has consented to being so appointed.
5. Registered agent street address: 14642 Stellas Meadow Drive
(Street name and number)
Broomfield
(City)
CO 80023
(State) (Postal/bp Code)
6. Registered agent mailing address:
(if different from above) (Street name and number or Post Office Box information)
REPORT
(City)
(State) (Postal/Zip Code)
(Province — if applicable) (Country — if not US)
Page 1 oft Rev. 12/01/2012
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.
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.
7. Name(s) and address(es) of the
individual(s) causing the document
to be delivered for filing: stonehocker mark
(last) (First)
14642 stellas meadow dr
(Middle) (Suffix)
(Street name and number or Post Office Box information)
broomfield
(City)
CO 80023
(State) (Postal/Zip Code)
United States
(Province — if applicable) (Country — if not US)
(The document need not state the true name and address of more than one individual. However, if you wish to state the name and address
of any additional individuals causing the document to be delivered for filing, mark this box O and include an attachment stating the
name and address of such individuals.)
Disclaimer:
This form, and any related instructions, are not intended to provide legal, business or tax advice, and are
offered as a public service without representation or warranty. While this form 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. Questions should be addressed to the user's
attorney.
REPORT
Page 2 of 2 Rev. 12/01/2012
OPERATING AGREEMENT
OF
CAIRN STONE HOLDINGS, LLC
A Colorado Limited Liability Company
This Operating Agreement of CAIRN STONE HOLDINGS, LLC (this "Agreement") is
adopted, executed, and agreed to by the Members (as defined below) effective as of February 3,
2010.
ARTICLE I
DEFINITIONS
As used in this Agreement, the following terms defined in Exhibit A, Definitions and Tax
Matters, shall have the meanings given therein.
ARTICLE II
ORGANIZATION
2.1 Formation. The Company has been organized as a Colorado limited liability
company by the filing of Articles of Organization (the "Articles") under and pursuant to the Act
and the issuance of a certificate of organization for the Company by the secretary of State of
Colorado on February 3, 2010. The rights and liabilities of the Members shall be determined
pursuant to the Act and this Agreement. To the extent that the rights or obligations of any
Member are different, by reason of any provision of this Agreement, than they would be in the
absence of such provision, this Agreement shall, to the extent permitted by the Act, control.
2.2 Name. The name of the Company is "Cairn Stone Holdings, LLC" and all
Company business must be conducted in that name, or such other names or trade names as the
Managers adopts.
23 Term. The Company commenced on the date the Articles were filed with
the secretary of state of the State of Colorado and shall continue in existence in accordance with
the terms and provisions hereof.
2.4 Registered Agent; Principal Office. The registered agent of the Company in the
State of Colorado shall be such Person as the Managers may designate from time to time in the
manner provided by law. The principal office of the Company in the United States shall be at
such place as the Managers may designate from time to time, which need not be in the State of
Colorado.
2.5 Purpose and Scope. The Company is organized to engage in any lawful acts, and to do
all things necessary, convenient or incidental to those purposes.
ARTICLE III
ADMINISTRATIVE PROVISIONS
3.1 Tax Status of Company. The Company and the Members intend for the Company to
be treated as a partnership for federal and state income tax purposes, and to comply with the Tax
Matters described in Exhibit A, and this Agreement shall not be construed to suggest otherwise.
Notwithstanding such tax classification, the Members do not intend that the Company be treated
as a partnership for state law purposes, and no Member shall be a partner or joint venturer of any
other Member as a consequence of this Agreement.
3.2 Limitation on Liability. No Member shall be personally liable for any debts,
obligations, liabilities, or losses of the Company by reason of being a Member, including, but not
limited to, under a judgment decree or order of a court. In addition, no Member, Managers,
Officer, or Director shall have any personal liability for monetary damages to the Company or its
Members for breach of his fiduciary duty as a Member, Managers, Officer, or Director, except
that this provision shall not eliminate or limit the personal liability of a Member, Managers,
Officer, or Director to the Company or its Members for monetary damages for (a) acts or
omissions not in good faith or which involve intentional misconduct or a knowing violation of
law or (b) any transaction from which the Member, Managers, Officer, or Director directly or
indirectly derives an improper personal benefit.
ARTICLE IV
MEMBERSHIP, OWNERSHIP AND VOTING RIGHTS
4.1 Ownership. Ownership of the Company shall be represented by Units in the
Company. The initial ownership of the Company shall be as follows:
Member
Mark Stonehocker
Tracy Stonehocker
Mark Stonehocker, custodian
for Jonathan Stonehocker, under
the CUTMA
Mark Stonehocker, custodian
for Sarah Stonehocker, under
the CUTMA
Mark Stonehocker, custodian
Units
47
47
2
2
2
for Lauren Stonechocker, under
the CUTMA 2
Total 100
4.2 Voting Rights. All Voting Rights of the Company shall be held by
the Members and their respective permitted transferees under a Permitted Transfer as provided in
this Agreement. The Voting Rights of the party shall be held in the same percentages as each
Member's actual Units; provided, the custodian for any Member whose units are held under the
CUTMA shall have the voting rights for those Members.
ARTICLE V
CAPITAL CONTRIBUTIONS
5.1 Capital Contributions. The total aggregate initial capitalization of the Company
shall be $1,000.00. The Capital Contribution of each of the Members shall be in the form of
cash.
5.2 Additional Assessments. The Managers will determine the capital needs of
the Company and provide for those needs in the manner that it determines is in the best interests
of the Company. No Unitholder shall be required to make additional Capital Contributions to the
Company. If the Managers determine that it is in the best interest of the Company to raise
additional capital, such capital may be raised, in the Managers' discretion, from persons who are
Unitholders or from persons who are not Unitholders. If the Managers determines that it is in the
best interest of the Company to raise additional capital from persons who are Unitholders, each
Unitholder will be allowed to participate pro rata in the additional assessment. The Managers
will notify the Unitholders in writing as to the amount of capital to be raised and the date by
which any Unitholder who desires to participate must submit its share of any proposed Capital
Contribution. If a Unitholder elects not to participate, its Units and its Capital Account will be
reduced to reflect the additional capital raised. If the Managers determines that it is in the best
interests of the Company to raise additional capital from persons who are not Unitholders, the
Units and the Capital Accounts of the existing Unitholders will be reduced to reflect the Units
issued to the new Unitholders. In either case, Additional Units will be issued on a fair market
value basis.
5.3 Return of Contributions. No Unitholder is entitled to the return of any part of
its Capital Contributions or to be paid interest in respect of either its Capital Account or its
Capital Contributions or to any priority over any other Unitholder as to the return of Capital
Contributions or its Capital Account except as expressly provided in this Agreement. Any
unrepaid Capital Contribution is not a liability of the Company or of any Unitholder. A
Unitholder will not be required to contribute or to lend any cash or property to the Company to
enable the Company to return any Unitholder's Capital Contributions.
3
ARTICLE VI
ALLOCATIONS
6.1 Profits and Losses. After giving effect to the special allocations set
forth in Exhibit A, Profits or Losses for any fiscal year shall be allocated among the Unitholders
in accordance with each Member's number of Units in the Company.
ARTICLE VII
DISTRIBUTIONS
7.1 Net Cash Flow. Net Cash Flow, if any, shall be distributed among the
Unitholders holding Units in proportion to their Units as set forth in this Agreement as from time
to time determined by the Managers.
7.2 Limitations on Distributions. No distribution shall be made by the Company to the extent
that, after giving effect to the distribution, the liabilities of the Company would exceed the fair
market value of the Company's assets.
ARTICLE VIII
MANAGEMENT
8.1. Management
8.1.1. Managers. The Company shall be managed by Managers, who may, but
need not, be the Member. Mark Stonehocker and Tracy Stonehocker are hereby designated to
serve as the initial Managers, until his resignation, or his replacement upon a vote of the Members.
8.1.2. General Powers. The Managers shall have full, exclusive, and complete
discretion, power, 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:
8.1.2.1. acquire by purchase, lease, or otherwise, any real or personal
property, tangible or intangible;
8.1.2.2. construct, operate, maintain, finance, and improve, and to own, sell,
convey, assign, mortgage, or lease any real estate and any personal property;
8.1.2.3. sell, dispose, trade, or exchange Company assets in the ordinary
course of the Company's business;
4
8.1.2.4. enter into agreements and contracts and to give receipts, releases,
and discharges;
8.1.2.5. purchase liability and other insurance to protect the Company's
properties and business;
8.1.2.6. borrow money for and on behalf of the Company, and, in connection
therewith, execute and deliver instruments authorizing the confession of judgment against the
Company;
8.1.2.7. execute or modify leases with respect to any part or all of the assets
of the Company;
8.1.2.8. prepay, in whole or in part, refinance, 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
mortgages or deeds of trust;
8.1.2.9. execute any and all other instruments and documents which may be
necessary or in the opinion of the Managers desirable to carry out the intent and purpose of this
Agreement, including but not limited to, documents whose operation and effect extend beyond the
term of the Company;
8.1.2.10. make any and all expenditures which the Managers, in its sole
discretion, deems necessary or appropriate in connection with the management of the affairs of the
Company and the carrying out of its obligations and responsibilities under this Agreement,
including, without limitation, all legal, accounting, and other related expenses incurred in
connection with the organization, financing, and operation of the Company;
8.1.2.11. enter into any kind of activity necessary to, in connection with, or
incidental to, the accomplishment of the purposes of the Company; and
8.1.2.12. invest and reinvest Company reserves in short-term instruments or
money market funds.
8.1.3. Extraordinary Transactions. Notwithstanding anything to the contrary in this
Agreement, the Managers shall not undertake any of the following without the approval of the
Members:
8.1.3.1. any sale of all or substantially all of the assets of the Company;
8.1.3.2. the Company's lending of its money.
5
8.1.33. the admission of additional members to the Company; and
8.1.3.4. the dissolution of the Company.
8.2. Duties of Managers. A Managers elected pursuant to this Operating Agreement shall
perform his or her duties as a Managers in good faith, in a manner he or she reasonably believes to
be in the best interests of the limited liability company, and with such care as an ordinarily prudent
person in a like position would use under similar circumstances. A Person who so performs his
duties shall not have any liability by reason of being or having been a Managers of the Company.
ARTICLE IX
MEETINGS OF MEMBERS
9.1 Meetings. Any action required or permitted to be taken at any meeting of Members
may be taken without a meeting, without prior notice, and without a vote if a consent or consents
in writing setting forth the action so taken shall be signed by the holder or holders of not less than
the minimum Voting Rights that would be necessary to take such action at a meeting at which the
holders of all Voting Rights entitled to vote on the action were present and voted. Every written
consent shall bear the date of signature of each Member who signs the consent.
ARTICLE X
INDEMNIFICATION
10.1 Right to Indemnification. Subject to the limitations and conditions as provided in
this Article, each Person who was or is made a party or is threatened to be made a party to or is
involved in any threatened, pending, or completed action, suit, or proceeding, whether civil,
criminal, administrative, arbitrative, or investigative (hereinafter a "Proceeding"), or any appeal
in such a Proceeding, or any inquiry or investigation that could lead to such a Proceeding, by
reason of the fact that he, or a Person of whom he is the legal representative, is or was a Member,
Managers, or Officer, or Director of the Company or while a Member, Managers, Officer, or
Director of the is or was serving at the request of the Company as a Managers, director, officer,
partner, venturer, proprietor, trustee, employee, agent, or similar functionary of another foreign or
domestic limited liability company, corporation, partnership, joint venture, sole proprietorship,
trust, employee benefit plan, or other enterprise shall be indemnified by the Company to the
fullest extent permitted by the Act, as the same exists or may hereafter be amended (but, in the
case of any such amendment, only to the extent that such amendment permits the Company to
provide broader indemnification rights than said law permitted the Company to provide prior to
such amendment) against judgments, penalties (including excise and similar taxes and punitive
damages), fines, settlements, and reasonable expenses (including, without limitation, attorneys'
fees) actually incurred by such Person in connection with such Proceeding, and indemnification
under this Article shall continue as to a Person who has ceased to serve in the capacity which
initially entitled such Person to indemnity hereunder. The rights granted pursuant to this Article
6
shall be deemed contract rights, and no amendment, modification, or repeal of this Article shall
have the effect of limiting or denying any such rights with respect to actions taken or Proceedings
arising prior to any such amendment, modification, or repeal. It is expressly acknowledged that
the indemnification provided in this Article could involve indemnification for negligence or
under theories of strict liability.
10.2 Advance Payment. The right to indemnification conferred in this Article shall
include the right to be paid or reimbursed by the Company the reasonable expenses incurred by a
Person of the type entitled to be indemnified above who is, or is threatened to be made, a named
defendant or respondent in a Proceeding in advance of the fmal disposition of the Proceeding and
without any determination as to the Person's ultimate entitlement to indemnification; provided,
however, that the payment of such expenses incurred by any such Person in advance of the final
disposition of a Proceeding shall be made only upon delivery to the Company of a written
affirmation by such Person of his good faith belief that he has met the standard of conduct
necessary for indemnification under this Article and a written undertaking, by or on behalf of
such Person, to repay all amounts so advanced if it shall ultimately be determined that such
indemnified Person is not entitled to be indemnified under this Article or otherwise.
ARTICLE XI
TAXES
11.1 Tax Matters. All matters pertaining to taxation and related matters pertaining to
the Company and its activities shall be governed in accordance with the provisions of the Code
and the provisions of Exhibit A.
ARTICLE MI
BOOKS, RECORDS, REPORTS, AND BANK ACCOUNTS
12.1 Maintenance of Books. The Company shall maintain at its principal place of
business office the books and records (as required by the Act) and such other books and records
as it deems necessary or appropriate.
12.2 Accounts. The Managers shall establish and maintain one or more separate
bank and investment accounts and arrangements for Company funds in the Company name with
financial institutions and firms that the Managers or officers, if any, shall determine. The
Managers shall not commingle the Company's funds with the funds of any Person.
ARTICLE XIII
TRANSFERS OF INTERESTS
13.1 Restriction on Transfers. No Unitholder shall Transfer all or any portion of its
Units without the written consent of the Managers. Any such Transfer approved by the
7
Managers shall be referred to in this Agreement as a "Permitted Transfer." The Managers may
withhold its consent, and may place such conditions upon a proposed Transfer, as it determines is
in the best interest of the Company.
ARTICLE XI V
DISSOLUTION, LIQUIDATION, AND TERMINATION
14.1 Dissolution. The Company shall dissolve and its affairs shall be wound up on
the first to occur of the following ("Liquidating Events"):
(a) the written consent of 75% of the Members;
(b) the sale of all or substantially all of the assets of the Company; provided,
however, that if the Company receives any deferred or noncash consideration in conjunction with
such sale, the Company shall not be dissolved hereunder until the Managers determines that the
continued existence of the Company is no longer necessary to collect or hold such deferred or
noncash consideration.
14.2 Liquidation and Termination. On dissolution of the Company, the
Managers shall act as liquidator or may appoint one or more Members as liquidator. The
liquidator shall proceed diligently to wind up the affairs of the Company and make final
distributions as provided herein and in the Act. The costs of liquidation shall be borne as a
Company expense. Until final distribution, the liquidator shall continue to operate the Company
properties with all of the power and authority of the Managers. The steps to be accomplished by
the liquidator are as follows:
(a) As promptly as possible after dissolution and again after final liquidation, the
liquidator shall cause a proper accounting to be made of the Company's assets, liabilities, and
operations through the last day of the calendar month in which the dissolution occurs or the final
liquidation is completed, as applicable.
(b) The liquidator shall came a statement of intent to dissolve to be filed with the
secretary of state of the State of Colorado.
(c) The liquidator shall pay, satisfy, or discharge from Company funds all of the
debts, liabilities, and obligations of the Company (including, without limitation, all debts to
Members, all expenses incurred in liquidation, and any advances described in this Agreement) or
otherwise make adequate provision for payment and discharge thereof (including, without
limitation, the establishment of a cash escrow fund for contingent liabilities in such amount and
for such teen as the liquidator may reasonably determine).
8
(d) All remaining assets of the Company shall be distributed to the Unitholders as
follows:
(i) The liquidator may sell any or all Company property, including to Members, and any
resulting gain or loss from each sale shall be computed and allocated to the Capital
Accounts of the Unitholders.
(ii) With respect to all Company property that has not been sold, the Gross Asset Value
of that property may, at the discretion of the Managers, be determined, and the Capital
Accounts of the Unitholders may, at the discretion of the Managers, be adjusted to reflect
the manner in which the unrealized income, gain, loss, and deduction inherent in property
that has not been reflected in the Capital Accounts previously would be allocated among
the Unitholders if there were a taxable disposition of that property for the Gross Asset
Value of that property on the date of distribution.
(iii) Company property shall be distributed among the Unitholders in accordance with
the positive Capital Account balances of the Unitholders, as determined after taking into
account all Capital Account adjustments for the taxable year of the Company during
which the liquidation of the Company occurs (other than those made by reason of this
clause (iii)); and those distributions shall be made by the end of the taxable year of the
Company during which the liquidation of the Company occurs (or, if later, ninety (90)
days after the date of the liquidation).
All distributions in kind to the Unitholders shall be made subject to the liability of each
distributee for costs, expenses, and liabilities theretofore incurred or for which the Company has
committed prior to the date of termination and those costs, expenses, and liabilities shall be
allocated to the distributee pursuant to this Section. The distribution of cash and/or property to a
Unitholder in accordance with the provisions of this Section constitutes a complete return to the
Unitholder of its Capital Contributions and a complete distribution to the Unitholder of its
interest in the Company.
14.3 Deficit Capital Accounts. Notwithstanding anything to the contrary
contained in this Agreement and notwithstanding any custom or rule of law to the contrary, to the
extent that the deficit, if any, in the Capital Account of any Unitholder results from or is
attributable to deductions and losses of the Company (including non -cash items such as
depreciation) or distributions of money, such deficit shall not be an asset of the Company, and no
Unitholder shall be obligated to contribute any such deficit to the Company to bring the balance
of its Capital Account to zero.
14.4 Articles of Dissolution. On completion of the distribution of Company
assets as provided herein, the Company is terminated, and the Managers (or such other Person or
Persons as the Act may require or permit) shall file Articles of Dissolution with the secretary of
9
state of the State of Colorado and take such other actions as may be necessary to terminate the
Company.
ARTICLE XV
GENERAL PROVISIONS
15.1 reditors. None of the provisions of this Agreement shall be for the benefit of
or enforceable by any creditor of the Company.
15.2 Entire Agreement. This Agreement constitutes the entire agreement of the
parties hereto relating to the Company and supersedes all prior contracts or agreements with
respect to the Company, whether oral or written_
153 Amendment or Modification. This Agreement may be amended or
modified from time to time only by a written instrument adopted, executed, and agreed to by the
Managers.
15.4 Binding Effect. Subject to the restrictions on Transfers set forth in this
Agreement, this Agreement is binding on and shall inure to the benefit of the Members and the
Unitholders and their respective heirs, legal representatives, successors, and permitted assigns.
15.5 Governing Law: Severability. THIS AGREEMENT IS GOVERNED BY
AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAW OF THE STATE OF
COLORADO, EXCLUDING ANY CONFLICT -OF -LAWS RULE OR PRINCIPLE THAT
MIGHT REFER THE GOVERNANCE OR THE CONSTRUCTION OF THIS AGREEMENT
TO THE LAW OF ANOTHER JURISDICTION.
15.6 Further Assurances. In connection with this Agreement and the transactions
contemplated hereby, each Member and Unitholder shall execute and deliver any additional
documents and instruments and perform any additional acts that may be necessary or appropriate
to effectuate and perform the provisions of this Agreement and those transactions.
10
15.8 Counterparts. This Agreement may be executed in any number of
counterparts with the same effect as if all signing parties had signed the same document. All
counterparts shall be construed together and constitute the same instrument.
IN WITNESS WHEREOF, the parties have executed and adopted this Agreement as of the date
first set forth above.
Members:
rk Stonehocker
d.
Tracy ehocker
Mark Stonehocker, custodian for Jonathan ark Stonehocker, custodian for Sarah
Stonehocker, under the CUTMA Stonehocker, under the CUTMA
Mark Stonehocker, custodian for Lauren
Stonehocker, under the CUTMA
11
EXHIBIT A
DEFINITIONS AND TAX MATTERS
1. Definitions. The following defmitions shall apply to the terms herein as used in
the Agreement to which this Exhibit is attached and in this Exhibit:
"Act" means the Colorado Limited Liability Company Act and any successor statute
thereto, as amended from time to time.
"Adjusted Capital Account Deficit" means, with respect to any Unitholder, the deficit
balance, if any, in such Unitholder's Capital Account as of the end of the relevant fiscal year,
after giving effect to the following adjustments:
(a) credit to such Capital Account any amounts which such Unitholder is obligated to
restore pursuant to any provision of this Agreement or is deemed to be obligated to restore
pursuant to the penultimate sentences of Section 1.704-2(gxl) and 1.704-2(ix5) of the Treasury
Regulations; and
(b) debit to such Capital Account the items described in Sections 1.704-1(bx2Xiixd)(4),
1.704-1(b)(2)(iixd)(5) and 1.704-1(b)(2Xii)(d)(b) of the Treasury Regulations.
The foregoing definition of Adjusted Capital Account Deficit is intended to comply with the
provisions of Section 1.704-1(bx2XiiXd) of the Treasury Regulations and shall be interpreted
consistently therewith.
"Affiliate" means, with respect to a Member, any Person that directly or indirectly, through
one or more intermediaries, controls, is controlled by, or under common control with such
Member. The term "control," as used in the immediately preceding sentence, means, with
respect to a Person that is a corporation, the right to exercise, directly or indirectly, more than ten
percent (10%) of the voting rights attributable to the shares of the controlled corporation, and
with respect to a Person that is not a corporation, the possession, directly or indirectly, of the
power to direct or cause the direction of the management or policies of the controlled Person.
"Articles" means the Articles of Organization of the Company.
"Capital Account" means, with respect to any Unitholder, the Capital Account maintained for
such Person in accordance with the following provisions:
(a) To each Person's Capital Account there shall be credited such Person's Capital
Contributions, such Person's distributive share of Profits and any item in the nature of income or
12
gain which is specially allocated hereunder, and the amount of any Company liabilities which are
assumed by such Person or which are secured by any property distributed to such Person.
(b) To each Person's Capital Account there shall be debited the amount of cash and the
Gross Asset Value of any property distributed to such Person pursuant to any provision of this
Agreement, such Person's distributive share of Losses and any item in the nature of expenses or
losses which is specially allocated pursuant to this Agreement, and the amount of any liabilities
of such Person which are assumed by the Company or which are secured by any property
contributed by such Person to the Company.
(c) In the event all or a portion of an interest in the Company is Transferred in accordance
with the terms of this Agreement, the transferee shall succeed to the Capital Account of the
transferor to the extent it relates to the Transferred interest.
(d) In determining the amount of any liability for purposes of subsections (a) and (b)
hereof, there shall be taken into account Code Section 752(c) and any other applicable provisions
of the Code and the Treasury Regulations.
The foregoing provisions and the other provisions of this Agreement relating to the
maintenance of Capital Accounts are intended to comply with Section 1.704-1(b) of the Treasury
Regulations and shall be interpreted and applied in a manner consistent with such Treasury
Regulations. In the event the Managers shall determine that it is prudent to modify the manner in
which the Capital Accounts, or any debits or credits thereto (including, without limitation, debits
or credits relating to liabilities which are secured by contributed or distributed property or which
are assumed by the Company or the Unitholders), are computed in order to comply with such
Treasury Regulations, the Managers may make such modification; provided that it is not likely to
have a material effect on the amounts distributable to any Person pursuant to this Agreement
upon the dissolution of the Company. The Managers also shall (i) make any adjustments that are
necessary or appropriate to maintain equality between the Capital Accounts of the Unitholders
and the amount of Company capital reflected on the Company's balance sheet, as computed for
book purposes, in accordance with Section 1.704-1(b)(2xiv)(q) of the Treasury Regulations and
(ii) make any appropriate modifications in the event unanticipated events might otherwise cause
this Agreement not to comply with Section 1.704-1(b) of the Treasury Regulations.
"Capital Contribution" means any contribution by a Unitholder to the capital of the Company,
which contributions maybe in the form of cash, property, or services rendered or a promissory
note or other obligation to contribute cash or property or to perform services.
"Code" means the Internal Revenue Code of 1986, as amended from time to time and any
successor statute thereto. Any reference herein to a specific section or sections of the Code shall
be deemed to include a reference to any corresponding provision of future law.
13
"Company" means Cairn Stone Holdings, LLC, a Colorado limited liability company, and any
successor thereto.
"Company Minimum Gain" has the meaning ascribed to "partnership minimum gain" in
Sections 1.704-2(b)(2) and 1.704-2(d) of the Treasury Regulations.
"CUTMA" means the Colorado Uniform Transfer to Minors Act.
"Depreciation" means, for each fiscal year or other period, an amount equal to the
depreciation, amortization, or other cost recovery deduction allowable with respect to an asset for
such year or other period; provided, however, that if the Gross Asset Value of an asset differs
from its adjusted basis for federal income tax purposes at the beginning of such year or other
period, Depreciation shall be an amount which bears the same ratio to such beginning Gross
Asset Value as the federal income tax depreciation, amortization, or other cost recovery
deduction for such year or other period bears to such beginning adjusted tax basis; provided
further that if the federal income tax depreciation, amortization, or other cost recovery deduction
for such year is zero, Depreciation shall be determined with reference to such beginning Gross
Asset Value using any reasonable method selected by the Managers.
"Gross Asset Value" means, with respect to any asset, the asset's adjusted basis for federal
income tax purposes, except as follows:
(a) The initial Gross Asset Value of any asset contributed by a Member to the Company
shall be the gross fair market value of such asset, as determined in good faith by the Managers.
(b) The Gross Asset Values of all Company assets may, but need not, be adjusted by the
Managers, in its sole discretion, to equal their respective gross fair market values, as determined
by the Managers, as of the following times: (i) the acquisition of additional Units in the Company
by any new or existing Member in exchange for more than a de minimis Capital Contribution;
(ii) the distribution by the Company to a Unitholder of more than a de minimis amount of
property as consideration for an interest in the Company; and (iii) the liquidation of the Company
within the meaning of Section 1.704-1(b)(2)(ii)(g) of the Treasury Regulations; provided,
however, that adjustments pursuant to clauses (i) and (ii) above shall be made only if the
Managers reasonably determines that such adjustments are necessary or appropriate to reflect the
relative economic interests of the Unitholders in the Company.
(c) Subject to subparagraph (b) of this Section and except as otherwise determined by the
Managers, the Gross Asset Value of any Company asset distributed to any Unitholder shall be the
gross fair market value of such asset on the date of distribution.
(d) The Gross Asset Values of Company assets shall be increased (or decreased) to reflect
any adjustments to the adjusted basis of such assets pursuant to Code Section 734(b) or Code
Section 743(b), but only to the extent that such adjustments are taken into account in determining
14
Capital Accounts pursuant to Section 1.704-1(bX2)(ivxm) of the Treasury Regulations and this
Agreement; provided, however, that Gross Asset Values shall not be adjusted pursuant to this
definition to the extent the Managers determines that an adjustment is necessary or appropriate
in connection with a transaction that would otherwise result in an adjustment pursuant to this
definition. If the Gross Asset Value of an asset has been determined or adjusted hereunder, such
Gross Asset Value shall thereafter be adjusted by the Depreciation taken into account with
respect to such asset for purposes of computing Profits and Losses.
"Immediate Family" means, with respect to any individual Member, the spouse, lineal
descendants (including adopted children), and spouses of the lineal descendants of such Member
or a trust for the exclusive benefit of any one or more of the foregoing individuals.
"Interest Rate" means a rate per annum equal to the lesser of (a) a varying rate per annum that
is equal to the interest rate publicly quoted by U.S. Bank, or its successor, from time to time as
its prime commercial or similar reference interest rate, with adjustments in that varying rate to be
made on the same date as any change in that rate and (b) the maximum rate permitted by
applicable law.
"Majority in Interest of the Members" or "Majority in Interest of Voting Rights" shall mean
Members whose combined Voting Rights represent more than fitly percent (50%) of the Voting
Rights then held by all Members.
"Managers" means the Persons named as the initial Managers of the Company.
"Member" means each Person identified in this Agreement as of the date of this Agreement,
together with each other Person, if any, that subsequently becomes an additional or substituted
Member in accordance with this Agreement.
"Net Cash Flow" means the gross cash proceeds of the Company, less the portion thereof
retained and used to pay or establish reserves for all Company expenses, debt payments, capital
improvements, replacements, and contingencies, all as determined by the Managers or as
required under any agreements between the Company and third parties. Net Cash Flow shall not
be reduced by depreciation, amortization, cost recovery deductions, or similar allowances.
"Nonrecourse Deductions" has the meaning set forth in Section 1.704-2(b)(1) of the Treasury
Regulations.
"Nonrecourse Liability" has the meaning set forth in Section 1.704-2(b)(3) of the Treasury
Regulations.
"Person" means any individual, corporation, government or governmental subdivision or
agency, business trust, estate, trust, limited liability company, partnership, association, or other
legal entity.
15
"Profits" or "Losses" means, for each fiscal year or other period, an amount equal to the
Company's taxable income or loss for such year or period, determined in accordance with Code
Section 703(a) (for this purpose, all items of income, gain, loss, or deduction required to be
stated separately pursuant to Code Section 703(ax1) shall be included in taxable income or loss),
with the following adjustments.
(a) Any income of the Company that is exempt from federal income tax and not otherwise
taken into account in computing Profits or Losses hereunder shall be added to such taxable
income or loss.
(b) Any expenditures of the Company described in Code Section 705(a)(2)(B) or treated as
Code Section 705(a)(2)(B) expenditures pursuant to Section 1.704-1(b)(2)(iv)(i) of the Treasury
Regulations and not otherwise taken into account in computing Profits or Losses hereunder shall
be subtracted from such taxable income or loss.
(c) In the event the Gross Asset Value of any Company asset is adjusted hereunder, the
amount of such adjustment shall be taken into account as gain or loss from the disposition of
such asset for purposes of computing Profits or Losses.
(d) Gain or loss resulting from any disposition of property of the Company with respect to
which gain or loss is recognized for federal income tax purposes shall be computed by reference
to the Gross Asset Value of the property disposed of, notwithstanding that the adjusted tax basis
of such property differs from its Gross Asset Value.
(e) In lieu of the depreciation, amortization, and other cost recovery deductions taken into
account in computing such taxable income or loss, there shall be taken into account Depreciation
for such fiscal year or other period, computed in accordance with this Agreement.
(f) Notwithstanding any other provision in this definition, any items which are specially
allocated under this Agreement shall not be taken into account in computing Profits or Losses.
"Required Interest" means one or more Members having among them 100% of the Voting
Rights.
"Treasury Regulations" means the Income Tax Regulations, including Temporary
Regulations, promulgated under the Code, as such regulations may be amended from time to
time (including corresponding provisions of succeeding regulations).
"Unitholder Nonrecourse Debt" has the meaning ascribed to "partner nonrecourse debt" in
Section 1.704-2(bx4) of the Treasury Regulations.
16
"Unitholder Nonrecourse Debt Minimum Gain" means an amount, with respect to each
Unitholder Nonrecourse Debt, equal to the Company Minimum Gain that would result if such
Unitholder Nonrecourse Debt were treated as a Nonrecourse Liability, determined in accordance
with Section 1.704-2(i)(3) of the Treasury Regulations.
"Unitholder Nonrecourse Deductions" has the meaning ascribed to "partner nonrecourse
deductions" in Sections 1.704-2(i)(i) and 1.704-2(ix2) of the Treasury Regulations.
"Unitholders" means all Persons who hold Units in the Company, regardless of whether they
are Members. "Unitholder" means any one of the Unitholders.
"Units" means an interest in the Company evidencing a Person's share in the allocation of one
or more of the Company's allocable items, including, without limitation, Profits and Losses
and/or distributions, if any, of the Company's assets, in each case pursuant to this Agreement and
the Act, but shall include no other rights or privileges enjoyed by a Member of the Company.
2. Allocations.
2.1 Special Allocations. The following special allocations shall be made in
the following order.
(a) Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(f) of the
Treasury Regulations, notwithstanding any other provision of this Article VI, if there is a net
decrease in Company Minimum Gain during any fiscal year, each Unitholder shall be specially
allocated items of Company income and gain for such fiscal year (and, if necessary, subsequent
fiscal years) in an amount equal to such Unitholder's share of the net decrease in Company
Minimum Gain, determined in accordance with Section 1.704-2(g) of the Treasury Regulations.
Allocations pursuant to the previous sentence shall be made in proportion to the respective
amounts required to be allocated to each Unitholder pursuant thereto. The items to be so
allocated shall be determined in accordance with Sections 1.704-2(f)(6) and 1.704-2(j)(2) of the
Treasury Regulations. This Section is intended to comply with the minimum gain chargeback
requirement in Section 1.704-2(f) of the Treasury Regulations and shall be interpreted
consistently therewith.
(b) Unitholder Minimum Gain Chargeback. Except as otherwise provided in Section
1.704-2(i)(4) of the Treasury Regulations, notwithstanding any other provision of this
Agreement, if there is a net decrease in Unitholder Nonrecourse Debt Minimum Gain
attributable to a Unitholder Nonrecourse Debt during any fiscal year, each Unitholder who has a
share of the Unitholder Nonrecourse Debt Minimum Gain attributable to such Unitholder
Nonrecourse Debt, determined in accordance with Section 1.704-2(i)(5) of the Treasury
Regulations, shall be specially allocated items of Company income and gain for such fiscal year
(and, if necessary, subsequent fiscal years) in an amount equal to such Unitholder's share of the
net decrease in Unitholder Nonrecourse Debt Minimum Gain attributable to such Unitholder
17
Nonrecourse Debt, determined in accordance with Section 1.704-2(i)(4) of the Treasury
Regulations. Allocations pursuant to the previous sentence shall be made in proportion to the
respective amounts required to be allocated to each Unitholder pursuant thereto. The items to be
so allocated shall be determined in accordance with Sections 1.704-2(i)(4) and 1.704-2(j)(2) of
the Treasury Regulations. This Section is intended to comply with the minimum gain chargeback
requirement in Section 1.704-2(i)(4) of the Treasury Regulations and shall be interpreted
consistently therewith.
(c) Qualified Income Offset. In the event any Unitholder unexpectedly receives any
adjustments, allocations, or distributions described in Section 1.704-1(b)(2Xii)(dx4), Section
1.704-1(b)(2)(ii)(d)(5), or Section 1.704-1(b)(2Xiixdx6) of the Treasury Regulations, items of
Company income and gain shall be specially allocated to each such Unitholder in an amount and
manner sufficient to eliminate, to the extent required by this Agreement, the Adjusted Capital
Account Deficit of such Unitholder as quickly as possible; provided that an allocation pursuant to
this Section shall be made only if and to the extent that such Unitholder has an Adjusted Capital
Account Deficit after all other allocations provided for in this Article have been tentatively made
as if this Section were not in this Agreement.
(d) Gross Income Allocation. In the event any Unitholder has a deficit Capital Account at
the end of any Company fiscal year which is in excess of the sum of (i) the amount such
Unitholder is obligated to restore pursuant to any provision of this Agreement and (ii) the amount
such Unitholder is deemed to be obligated to restore pursuant to the penultimate sentences of
Sections 1.704-2(g)(1) and 1.704-2(ix5) of the Treasury Regulations, each such Unitholder shall
be specially allocated items of Company income and gain in the amount of such excess as
quickly as possible; provided that an allocation pursuant to this Section shall be made only if and
to the extent that such Unitholder has a deficit Capital Account in excess of such sum after all
other allocations provided for in this Article have been tentatively made as if this Section 6.2(d)
were not in this Agreement.
(e) Nonrecourse Deductions. Nonrecourse Deductions for any fiscal year or other period
shall be specially allocated among the Unitholders in proportion to their Units.
(f) Unitholder Nonrecourse Deductions. Any Unitholder Nonrecourse Deduction for any
fiscal year or other period shall be specially allocated to the Unitholder who bears the economic
risk of loss with respect to the Unitholder Nonrecourse Debt to which such Unitholder
Nonrecourse Deduction is attributable in accordance with Section 1.704-2(ixl) of the Treasury
Regulations.
(g) Section 754 Adjustments. To the extent an adjustment to the adjusted tax basis of any
Company asset pursuant to Code Section 734(b) or Code Section 743(b) is required, pursuant to
Section l.704-1(bx2Xiv)(m)(2) or Section 1.704-1(b)(2)(ivxmx4) of the Treasury Regulations,
to be taken into account in determining Capital Accounts, the amount of such adjustment to
Capital Accounts shall be treated as an item of gain (if the adjustment increases the basis of the
18
asset) or loss (if the adjustment decreases such basis), and such gain or loss shall be specially
allocated to the Unitholders in accordance with their interests in the Company in the event
Section 1.704-1(bx2)(iv)(mx2) of the Treasury Regulations applies, or to the Unitholder to
whom such distribution was made in the event Section l.704-1(bx2Xiv)(m)(4) of the Treasury
Regulations applies.
2.2 Curative Allocations. The allocations set forth above (the "Regulatory Allocations") are
intended to comply with certain requirements of the Treasury Regulations. It is the intent of the
Members that, to the extent possible, all Regulatory Allocations shall be offset either with other
Regulatory Allocations or with special allocations of other items of Company income, gain, loss,
or deduction pursuant to this Section. Therefore, notwithstanding any other provision of this
Article (other than the Regulatory Allocations), the Managers shall make such offsetting special
allocations of Company income, gain, loss, or deduction in whatever manner it determines
appropriate so that, after such offsetting allocations are made, each Unitholder's Capital Account
balance is, to the extent possible, equal to the Capital Account balance such Unitholder would
have had if the Regulatory Allocations were not part of this Agreement and all Company items
were allocated without regard thereto. In exercising its discretion under this Section, the
Managers shall take into account future Regulatory Allocations that, although not yet made, are
likely to offset other Regulatory Allocations previously made.
2.3 Other Allocation Rules.
(a) For purposes of determining the Profits, Losses, or any other items allocable to any
period, Profits, Losses, and any such other items shall be determined on a daily, monthly, or other
basis, as determined by the Managers using any permissible method under Code Section 706 and
the Treasury Regulations thereunder.
(b) All allocations to the Unitholders pursuant to this Article shall, except as otherwise
provided, be divided among them in proportion to their Units as set forth in this Agreement.
(c) Solely for purposes of determining a Unitholder's proportionate share of the "excess
nonrecourse liabilities" of the Company within the meaning of Section l.752-3(aX3) of the
Treasury Regulations, the Unitholders' interests in Company profits are in proportion to their
Units as set forth in this Agreement.
2.4 Tax Allocations: Code Section 704(O.
In accordance with Code Section 704(c) and the Treasury Regulations thereunder, income,
gain, loss, and deduction with respect to any property contributed to the capital of the Company
shall, solely for tax purposes, be allocated among the Unitholders so as to take account of any
variation between the adjusted basis of such property to the Company for federal income tax
purposes and its initial Gross Asset Value (computed in accordance with this Agreement).
19
In the event the Gross Asset Value of any Company asset is adjusted pursuant to the
provisions of this Agreement, subsequent allocations of income, gain, loss, and deduction with
respect to such asset shall take account of any variation between the adjusted basis of such asset
for federal income tax purposes and its Gross Asset Value in the same manner as under Code
Section 704(c) and the Treasury Regulations thereunder.
Any elections or other decisions relating to such allocations shall be made by the Managers in
any manner that reasonably reflects the purpose and intention of this Agreement. Allocations
pursuant to this Section are solely for purposes of federal, state, and local taxes and shall not
affect, or in any way be taken into account in computing, any Unitholder's Capital Account or
share of Profits, Losses, other items, or distributions pursuant to any provision of this Agreement.
3. Tax Returns. The Managers shall cause to be prepared and timely filed all tax
returns required to be filed by the Company pursuant to the Code and all applicable laws of each
jurisdiction in which the Company does business. Within a reasonable time after the filing of the
Company's tax returns, the Managers will furnish the Unitholders with information necessary for
the preparation of their tax returns, and upon request, copies of all returns filed by the Company,
or summaries thereof, shall be furnished to the Members within a reasonable time after the filing
thereof.
4. Tax Elections. The Managers may, but shall have no obligation to, make the
following elections on the appropriate tax returns:
(a) to adopt the calendar year as the Company's fiscal year;
(b) if a distribution of Company property as described in Code Section 734 occurs or if a
Transfer of Units as described in Code Section 743 occurs, on written request of any Unitholder,
to elect, pursuant to Code Section 754, to adjust the basis of Company properties;
(c) to elect to amortize the organizational expenses of the Company and the startup
expenditures of the Company under Code Section 195 ratably over a period of sixty (60) months
as permitted by Code Section 709(b); and
(d) any other election the Managers may deem appropriate and in the best interests of the
Unitholders.
Neither the Company nor any Unitholder may make an election for the Company to be excluded
from the application of the provisions of subchapter K of chapter 1 of subtitle A of the Code or
any similar provisions of applicable state law, and no provision of this Agreement shall be
construed to sanction or approve such an election.
5. Tax Matters Partner. The Managers shall be the "tax matters partner" of
the Company pursuant to Code Section 6231(aX7); and provided further that, if there is no
20
Managers that is a Member, the "tax matters partner" shall be a Member that is designated as
such by a Majority in Interest of the Members. Any Person so designated as the "tax matters
partner" shall receive no compensation (other than compensation, if any, otherwise specified in
this Agreement) from the Company or its Members or Unitholders for its services in that
capacity. The "tax matters partner" is authorized to (a) employ such accountants, attorneys, and
agents as it, in its sole discretion, deems necessary or appropriate, (b) represent the Company and
its Members and Unitholders before taxing authorities or courts of competent jurisdiction in tax
matters affecting the Company, its Members, or Unitholders, (c) to the extent provided in Code
Sections 6221 through 6231, execute agreements or other documents that bind, or otherwise
affect the rights o1; the Company, its Members, or Unitholders with respect to tax matters, and
(d) execute extensions of the statute of limitations for the Company or powers of attorney
binding upon the Company. Any Person who serves as "tax matters partner" shall not be liable to
the Company or any Member or Unitholder for any action it takes or fails to take as "tax matters
partner" with respect to any administrative or judicial proceeding involving "partnership items"
(as defined in Code Section 6231) of the Company.
6. Deemed Distribution and Recontribution. Notwithstanding any other provision of
this Agreement, in the event the Company is liquidated within the meaning of Section 1.704-
1(bX2)(ii)(g) of the Treasury Regulations but no Liquidating Event has occurred, the property of
the Company shall not be liquidated, the Company's liabilities shall not be paid or discharged,
and the Company's affairs shall not be wound up. Instead, solely for federal income tax purposes,
the Company shall be deemed to have distributed the property of the Company in kind to the
Unitholders, who shall be deemed to have assumed and taken such assets subject to all Company
liabilities, all in accordance with their respective Capital Accounts. Immediately thereafter, the
Unitholders shall be deemed to have recontributed the property of the Company in kind to the
Company, which shall be deemed to have assumed and taken subject to all such liabilities.
21
Weld County Treasurer
Statement of Taxes Due
Account Number R4241306 131330200002
\ssesseJ I'i BALLANTINE EAR\IS ELC
PO HON 1879
DURANGO. CO 81102-187`7
Legal Description Situs Address
PT \'11 4 3r>.(12-68 WE 13 Sl113 EXEM PT...1071 (1 4912)
Year To Interest Fees Payments Balance
Tax Charge
2024
r,dal Ta, Charge
01,287.26 SO 00
50.0(1 (01,287 261
$0 00
$000
Grand Total Due as of 06/30/2025 $0.00
Tax Billed ,tt 2024 Rules fair I u.N Arca 2306 - 2306
Authority
WEIDCOI\I1
SCI10(11 DISTREILLONGMOOT
NORTHERN COI OR,\D(1 1\ATFR
(NC
\lO, I'.\IN \'IF'.\\' FIRE
HIGH PLAINS LIBRARY
'Faxes Billed 2024
Credit Levy
Mill Levy Amount
15'1560000. S219.55
57.16800(10 S786 64
1 0000000 S 13 76
16 2470(100
3 1790000
S223.5,
543 75
04 5500000 SL287, 26
Values Actual Assessed
\Ci-I I.OOD $51,082 $13,0
ERR RIGA ED LAND
Ali -DRY FARM LAND S90, S240
/10-612 \%i\'(i LAND 56!: 520
ACi-\\`.\STE 1 AND $21 $10
fota1 552,1178 $13.760
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE
LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES.
CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE
FOLLOWING DATES PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1.
TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK.
POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS PAYMENTS MUST BE IN OUR OFFICE AND
PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH.
Weld County Treasurer's Office
1400 N 17"' Avenue
PO Box 458
Greeley, CO 80632
Phone: 970-400-3290
Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due
issued by the Weld County Treasurer are evidence that as of this date, all current and prior year
taxes related to this parcel have been paid in full.
Signed:
Date: j /3G /25
1400 N. 17th Avenue, Greeley, CO 80631 or PO Box 458, Greeley, CO 80632. (970) 400-3290 Page 1 of 1
5029322 05/14/2025 01:40 PM
Total Pages: 2 Rec Fee: $18.00
Carly Koppes - Clerk and Recorder, Weld County , CO
FNTC
SPECIAL WARRANTY DEED
[Statutory Form — C.R.S. § 38-30-113]
Effective as of this I:— day of May 2025 (the "Effective Date"), Ballantine Farms, LLC, a
Colorado limited liability company formerly known as Ballantine Farms, L.L.L.P., a Colorado
limited liability limited partnership ("Grantor"), whose street address is 817 Valentine Drive,
Durango, CO 81301, for the consideration of Ten and 00/100 Dollars ($10.00), in hand paid, and
other good and valuable consideration, hereby sells and conveys to Cairn Stone Holdings, LLC,
a Colorado limited liability company, whose street address is 14642 Stellas Meadow Dr.,
Broomfield, CO 80023, the following real property:
Lot B of Subdivision Exemption No. 1071 recorded November 4, 2005, at
Reception No. 3337739, being situated in the Northwest quarter of Section 30,
Township 2 North, Range 68 West of the 6th P.M., County of Weld, State of
Colorado,
also known by assessor's parcel number: 131330200002
with all its appurtenances, and warrants the title to the same against all persons claiming under
Grantor, subject to statutory exceptions.
[SIGNATURE PAGE TO FOLLOW.]
5029322 05/14/2025 01:40 PM
Page 2 of 2
SIGNATURE PAGE
TO
SPECIAL WARRANTY DEED
IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed as of the Effective
Date.
GRANTOR:
Ballantine Farms, LLC, a Colorado limited liability
company
Name: Q-�c.`c, AM (3- . f//' U`/4 \
Title: Manager
STATE OF
COUNTY OF L.14 ,(/-44114—
) ss.
The foregoing instrument was acknowledged before me this :• - day of May 2025, by
k..: -./4#C0 '7 lt?, ci riA "A/ as Manager of Ballantine Farms, LLC, a Colorado limited liability
company.
WITNESS my hand and official seal.
My commission expires:
Notary Public
34810268_x2
STEVEN WISE
NOTARY PUBLIC - STATE OF COLORADO
0 NOTARY ID 20234020621
MY COMMISSION EXPIRES JUN 1, 2027
DEPARTMENT OF PLANNING SERVICES
SUBDIVISION EXEMPTION
ADMINISTRATIVE REVIEW
,
Applicant:
Richard
Ballantine
Case
Number:
SE
-1071
Request:
Subdivision
Exemption
for a
Lot
Line Adjustment
Legal
Description:
Pt
NW4
of
Section
30,
T2N,
R68W of
the
6th
P.M.
Weld
County
CO
Parcel
Number:
1313
30 000007
.
Parcel
size
before:
2.43
+/- acres
Parcel
size after:
4.54
+/- acres
1313
30 000008
Parcel
size
before:
73.17
+/- acres
Parcel
size after:
71.06
+/- acres
Planner:
J.
Hatch
Criteria Checklist
Meets Criteria
Yes No NA
X
X
1 The proposal is consistent with the policies of Chapter 22 of the Weld County Code.
2. The boundary change or temporary use location which would be allowed on the subject
property by granting the request will be compatible with the surrounding land uses.
X 3. In those instances when used pursuant to 24-8-30.A.1 of the Weld County Code, the
request is the best alternative to dispose of existing improvements in conjunction with the
companion Recorded Exemption.
X 4. A lot being created for the purpose of financing will not result in the creation of a lot to be
sold, shall be at least one acre in size, and will no longer exist upon termination of the
financing arrangements.
Approved With Conditions
The Subdivision Exemption is approved in accordance with information submitted in the application and the policies
of Weld County. The Department of Planning Services has determined through its review that the standards of
Section 24 8-40 of the Weld County Code have been met.
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 Prior to recording the plat:
s
The plat shall be titled: Subdivision Exemption No. 1071
B. Both Lots shall share the existing access, no circle drives or additional accesses shall be granted.
The access road shall be graded and drained to provide all weather access. Accesses shall be
placed in such a location as to have adequate sight distance in both directions, shall not be placed
below the crest of a hill or where physical obstructions are present and shall be a minimum distance
of 75 feet from any intersecting County or State roadway. A 30 foot wide joint access and utility
easement, for the benefit of both Lots, shall be shown clearly on the plat. The joint easement shall
be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix
24-F.E.
County Road •1 is designated on the Weld County Road Classification Plan as a major arterial road,
which requires 140 feet of right-of-way at full build out. A total of 70 feet from the centerline of
County Road 1 shall be delineated on the plat as right-of-way reservation for future expansion of
County Road 1. This road is maintained by Weld County. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way. If the right-of-way cannot be verified, it
shall be dedicated.
Q� The Subdivision Exemption Lots 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.
E. 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.
The following notes shall be placed on the plat:
1) This Subdivision Exemption is for adjustment of property lines between two contiguous
parcels.
2) 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.
3) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
4) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that the lot has an adequate water supply of sufficient
quality, quantity and dependability.
5) Prior to the release of building permits for any structure exceeding 3,600 square feet, the
applicant must comply with the requirements of Appendix III -A of the International Fire
Code.
6) 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.
7) 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.
8) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11)
9) In the event Weld County or any other governmental authority exercises its right to expand
County Road 1 into the rights -of -way noted on this Subdivision Exemption and such
expansion requires the demolition, destruction, alteration, or taking of any improvements
existing on the subject property as of the date this Subdivision Exemption is recorded, the
owner of the subject property shall be entitled to just compensation as determined in an
eminent domain proceeding for such property and its improvements. This requirement shall
be binding upon the parties regardless of the legal effect of whether the subject rights -of -
way are "reserved" or "dedicated".
10) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive
agricultural counties in the United States, ranking fifth 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 longstanding 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 area: 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; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of
the way of residential development without threatening the efficient delivery of irrigation to
fields which is essential to farm production.
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.
Weld County covers a land area of over 4,000 square miles in size (twice the State of
Delaware) with more than 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. Snow removal for roads within
subdivisions are of the lowest priority for public works or may be the private responsibility of
the homeowners. 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.
Children 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 present real threats to children. Controlling children's
activities is important, not only for their safety, but also for the protection of the farmer's
livelihood. Parents are responsible for their children.
3. 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.
4. 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 shall added for each additional 3 month period.
5. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this
Subdivision Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS
formats are ArcView shapefiles, ArcInfo Coverages and ArcInfo 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
maps@co.weld.co.us.
6. The Weld County Department of Planning Staffs approval of this Subdivision Exemption is based upon
satisfying the above conditions. 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 Board of County
Commissioners with a recommendation for denial.
By Date: August 2, 2005
Jacqueline Hatch 0 Planner II
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