HomeMy WebLinkAbout20252256.tiffResolution
Approve Termination of Improvements and Road Maintenance Agreement for Use
by Special Review Permit, USR-832 — Old West Energy Services, LLC,
c/o Marcet Johnson, Teresa Scheopner, West Greeley Conservation District,
c/o John Leone, Kenneth Robb, and Robert and Tonya Benich
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 July 6, 1988, the Board approved the application of The Robert Gerrity
Company, do William G. Crews, 1223 28th Avenue, Suite 2, Greeley, Colorado 80631,
for Use by Special Review Permit, USR-832, for Oil And Gas Production Facilities in the
R-1 (Low Density Residential) Zone District, on the following described real estate, being
more particularly described as follows:
S1/2 NE1/4 of Section 15, Township 5 North, Range 65 West of the
6th P.M., Weld County, Colorado
Whereas, on July 18, 1988, the Board of County Commissioners of Weld County,
Colorado, approved an Improvements and Road Maintenance Agreement between the
County of Weld, State of Colorado, by and through the Board of County Commissioners
of Weld County, and The Robert Gerrity Company, with terms and conditions being as
stated in said agreement, and
Whereas, the Board has been presented with a request, dated June 2, 2025, from the
current property owner(s), Old West Energy Services, LLC, c/o Marcet Johnson, 145 16th
Street, Suite D, Greeley, Colorado 80631, Teresa Scheopner, 2101 East 24th Street,
Greeley, Colorado 80631, West Greeley Conservation District, do John Leone, 4302 9th
Street Road, Greeley, Colorado 80634, Kenneth Robb, 2233 East State Highway 34,
Greeley, Colorado 80631 and Robert and Tonya Benich, 2144 East State Highway 34,
Greeley, Colorado 80631, represented by PLS Corporation, 1205 Des Moines Avenue,
Loveland, Colorado 80537, to terminate the Improvements and Road Maintenance
Agreement, recorded at Reception #02309816, in the records of the Weld County Clerk
and Recorder, as a result of the vacation of USR-832 (VAC25-0012), approved by the
Board on August 11, 2025.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that said Improvements and Road Maintenance Agreement for Use by Special
Review Permit, USR-832, be, and hereby is, terminated.
5048377 Pages: 1 of 2
08/20/2025 11:46 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
INICIK min fw 11111
cc : pL(Da/Mu /os /oq /-srpt/KR/o) 2025-2256
og/29 /2S PL0438
Terminate Improvements and Road Maintenance Agreement for Use by Special Review
Permit, USR-832 — Old West Energy Services, LLC, do Marcet Johnson,
Teresa Scheopner, West Greeley Conservation District, do John Leone, Kenneth Robb,
and Robert and Tonya Benich
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 11th day of August, 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
5048377 Pages: 2 of 2
08/20/2025 11:45 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
EMIIIHr+, Wk 11111
2025-2256
PL0438
MEMORANDUM
TO: Clerk to the Board
DATE: July 29, 2025
FROM: Jazmyn Trujillo -Martinez, Planning Services Dept.
SUBJECT: BOCC Agenda Item — Approve Termination of
Improvements and Road Maintenance Agreement
For:
The Robert Vlerrity Company c/o PLS Corporation — USR-832
Request to Approve Termination of Improvements and Road Maintenance Agreement:
The Department of Planning Services received a request from PLS Corporation, on behalf of the
current property owners of USR-832, requesting that the Board of County Commissioners consider
approving the termination of the Improvements and Road Maintenance Agreement for (USR-832).
The Improvements and Road Maintenance Agreement was approved on July 18, 1988, and
recorded as Reception #02308916 and Tyler #880659. This request for termination is a result of
the request of Vacation of USR-832, VAC25-0012.
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 "Road Maintenance Agreement According To
Policy", are found to be acceptable.
This Agreement complies with the terms of the USR 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 termination of the Road Maintenance Agreement According To
Policy for USR-832, and that this item be placed on the next regularly scheduled BOCC Hearing,
as part of the Regular Agenda.
cc: Dawn Anderson, Planning Services
2025-2256
M1 PL0435
QPLS
CORPORATION
SURVEYING MAPPYNk
1205 Des Moines Avenue • Loveland • Colorado 80537
970.669.2100 office • info@plscorporation.com
June 2, 2025
Diana Aungst and Maxwell Nader
Weld County Dept. of Planning Services
1402 N 17`h Ave.
Greeley, CO 80632
RE: Vacation of USR-832
On behalf of Old West Energy Services, LLC and in cooperation with the adjacent parcel owners
also encumbered by USR-832 (parcel numbers 096115100095, 096115100094, 096115000059,
096115000061,096115100002, 096115100001, 096115000058, and 096115000084) located
within the South '/s of the Northeast '/4 of Section 15, Township 5 North, Range 65 West of the
6`h Principal Meridian, 1 request that the Department of Planning Services consider the complete
vacation of USR-832 recorded July 29, 1988 at reception number 2149821, a Site Specific
Development Plan and a Special Review Permit for oil and gas production facilities in the R-1
(Low Density Residential) Zone District.
Based on information available online through the ECMC website, the oil and gas wells
permitted within the USR were drilled in the late 1980s, were operated, and then, between 2016-
2018 were plugged and abandoned. At that time the tank batteries and separators were removed
and reclaimed. In my opinion, it does not appear that the site has been used for oil and gas
production since the site was reclaimed. The USR permit has fulfilled its use and, in the interest
of future planning and development, should be vacated.
Please find the signatures of the encumbered parcel owners below as approval by each respective
parcel owner of the proposed Vacation of USR-832.
Thank you for your consideration.
Best regards,
Zach Waddle, Project Manager
PLS Corporation
1205 Des Moines Avenue
Loveland, Colorado 80537
970.669.2100 office
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW
PERMIT FOR OIL AND GAS PRODUCTION FACILITIES IN THE R-1 (LOW
DENSITY RESIDENTIAL) ZONE DISTRICT - THE ROBERT GERRITY
COMPANY
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public
hearing on the 6th day of July, 1988, at the hour of 2:00 p.m. in
the Chambers of the Board for the purpose of hearing the
application of The Robert Gerrity Company, c/o William G. Crews,
1223 28th Avenue, Suite 2, Greeley, Colorado 80631, for a Site
Specific Development Plan and Special Review Permit for oil and
gas production facilities in the R-1 (Low Density Residential)
Zone District on the following described real estate, to -wit:
Si NE), Section 15, Township 5 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS, said applicant was represented by William G. Crews,
and
WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance
provides standards for review of said Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the
testimony and statements of those present, has studied the request
of the applicant and the recommendations of the Weld County
Planning Commission and all of the exhibits and evidence presented
in this matter and, having been fully informed, finds that this
•request shall be approved for the following reasons:
1. The submitted materials are in compliance with the
application requirements of Section 24.7 of the Weld
County Zoning Ordinance.
2. It is the opinion of the Board of County Commissioners
that the applicant has shown compliance with Section
24.4.2 of the Weld County Zoning Ordinance as follows:
The proposal is consistent with the Weld County
Comprehensive Plan's Urban Growth Boundary Goals
and Policies. The City of Greeley Planning
Commission, in its referral dated May 24, 1988,
recommended no objection to this proposal with
PI.o438
880511
Page 2
RE: USR - THE ROBERT GERRITY COMPANY
certain conditions. The concerns and conditions o₹
the City of Greeley are addressed in the attached
additional comments.
b. The proposal is consistent with the intent of the
R-1 (Low Density Residential) Zone District and is
provided for as a Use by Special Review.
c. The proposed use is compatible with the existing
surrounding land uses which are row crop farming,
pasture, rural residences, and a real estate
business. The use will be compatible with the
_future development of the surrounding area as
permitted by the R-1 (Low Density Residential) Zone
District. Special Review Development Standards
will ensure compatibility with the surrounding land
uses.
d. The proposed Special Review Site is located in the
Airport Overlay District. Part o₹ the proposed
Special Review Site is located in the flood plain.
Special Review Permit Development Standards address
the overlay district requirements.
Special Review Development Standards will provide
adequate protection of the health, safety and
welfare of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Soard of County
Commissioners of Weld County, Colorado, that the application for a
Site Specific Development Plan and Special Review Permit for oil
and gas production facilities in the R-i (Low Density Residential)
Zone District on the hereinabove described parcel of land be, and
hereby is, granted subject to the following condition -s:
1. The attached Development Standards for the Special
Review permit be adopted and placed on the Special
_Review plat prior to recording the plat.
2. The Special Review activity shall not occur nor shall
any building or electrical permits be issued on the
property until the Special Review plat has been
delivered to the Department of Planning Services Office
and the plat is ready to be recorded in the office of
the Weld County Clerk and Recorder.
3 Prior to recording, the Special Review plat shall be
amended to show:
880511
Page 3
RE: USR - THE ROBERT GERRITY COMPANY
A 75 foot right-of-way reservation from the
centerline of 13.S. Highway 34.
b. Clarification of the tank battery detail to show no
activity, including truck parking, within the
setback area.
4. Within 30 days of approval by the Board of County
Commissioners, the applicant shall enter into a road
improvements and maintenance agreement with the Weld
County Engineering Department. The agreement shall be
approved by the Board of County Commissioners.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 6th day of
July, A:D., 1-988.
ATTEST: /1
7t&, )
Weld County Clerk and Recorder
and Clerk to the Board
BY: �•� 2,7,a
r
Deputynty'
APPROVED AS TO FORM:
County y
At orne
BOARD OF COUNTY COMMISSIONERS
WELOUNTY, COLORADO
one R. Bran
C.W. Kirby, Prs!-T
y
cq
-41
Frank •`amaguchi
880511
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
The Robert W. Gerrity Company, c/o William G. Crews
USR-832
1. The Special Review Permit is for a Site Specific Development
Plan and a Special Review Permit for oil and gas production
facilities in the R-1 (Low Density Residential) Zone
District, as submitted in the application materials on file
in the Department of Planning Services and subject to the
Development Standards stated herein.
2. Approval of this plan may create a vested property right
pursuant to Article 68 of Title 24, C.R.S., as amended.
3 All oil and gas wells shall be cased in accordance with
applicable rules and orders of the Colorado Oil and Gas
Conservation Commission in order to protect groundwater from
pollution.
4. Tiedowns shall be provided for all tanks located within the
flood plain. Bulkheads shall be placed in front of wellheads
located in the flood plain facing upstream, to protect them
from flood debris damage.
Brine water produced at the site during oil and gas
production shall be disposed of by formation injection or
into an approved commercial brine disposal site.
6 Waste oil, production water, and other associated liquid and
solid wastes, shall be stored and removed for final disposal
in a manner that protects against surface and groundwater
contamination.
7. No permanent disposal of wastes shall be permitted at this
site.
8. A spillage retention berm shall be required around the tank
battery. The volume retained by the spillage berm shall be
greater than the volume of the tank inside the berm.
9. Oil and gas wells and production facilities shall be set back
a minimum of three hundred feet from the reserved
right-of-way of U.S. Highway 34.
880511
Page 2
DEVELOPMENT STANDARDS - THE ROBERT GERRITY COMPANY
10. This site is located in the A -P (Airport) Overlay District.
All structures on the Special Review Site shall comply with
overlay district height restrictions.
11. The designated haul route fur production equipment, tank
trucks, and heavy truck traffic shall be from the well sites
east on 24th Street and south on Fern Avenue to Highway 34.
No hauling shall be permitted north of the site on Fern
Avenue or west of the site on 24th Street.
12. All construction on the property shall be in accordance with
the requirements of the Weld County Building Code Ordinance.
13. The property owner or operator shall be responsible for
complying with the Design Standards of Section 24.5 of the
Weld County Zoning Ordinance.
14. The property owner or operator shall be responsible for
complying with the Operation Standards of Section 24.6 of the
Weld County Zoning Ordinance.
15. Personnel from the Weld County Health Department, Western
Hills Fire Protection District, and Weld County Department of
Planning Services shall be granted access onto the property
at any reasonable time in order to ensure the activities
carried out on the property comply with the Development
Standards stated herein and all applicable Weld County
Regulations.
16. The Special Review area shall be limited to the plans shown
herein and governed by the foregoing Standards and all
applicable Weld County Regulations. Any material deviations
from the plans or Standards as shown or stated shall require
the approval of an amendment of the permit by the Weld County
Planning Commission and the Board of County Commissioners
before such changes from the plans or Standards are
permitted. Any other changes shall be filed in the office of
the Department of Planning Services.
17. The property owner or operator shall be responsible for
complying with all of the foregoing Standards. Noncompliance
with any of the foregoing Standards may be reason for
revocation of the permit by the Board of County
Commissioners.
880511
TEARING CERTIFICATION
_DOCKET NO. 88-34
-RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR OIL
AND GAS PRODUCTION FACILITIES IN THE R-1 (LOW DENSITY RESIDENTIAL)
ZONE DISTRICT - THE ROBERT GERRITY COMPANY
A public hearing was conducted on July 6, 1988, at 2:00 P.M., with the
following present:
Commissioner Gene Brantner, Chairman
Commissioner C.W. Kirby, Pro-Tem
Commissioner Jacqueline Johnson
Commissioner Gordon E. -Lacy
Commissioner Frank Yamaguchi
Also present:
-Acting -Clerk to the Board, Mary Reiff
-Assistant County Attorney, Bruce T. Barker
Planning Department representative, Lanell Swanson
The following business was transacted:
1 hereby certify that pursuant to a notice dated June 15, 1988, and
duly published June 22, 1988, in the Platteville Herald, a public
-bearing was conducted to consider the application of The Robert Gerrity
Company for a Site Specific Development Plan and Special Review Permit
for oil and gas production facilities in the 1t-1 (Low Density
itesidential) Zone District. Bruce Barker, Assistant County Attorney,
made this matter of record. Lanell Swanson, Planning Department
representative, read the Planning Commission's favorable recommendation
concerning this matter into the record. She said this recommendation
is subject to 17 Development Standards. William G. Crews came forward
to represent the applicant. He said this is a _request to drill two
wells, and the sites shown on the submitted plat are representative
only. The landowners have asked that both wells be moved to pasture
areas, and the tank batteries may be moved with the wells. Another
plat will be submitted when the well sites are determined. He said the
applicant objects to Condition #4, requiring that the applicant enter
into a road improvement and maintenance agreement, and requests that
the setback required by Development Standard #9 be changed to 200 feet,
instead of 300 feet. Barb Tokunaga, the owner of property nearby,
questioned the amount of truck traffic which would be generated and
expressed concerns about noise and aesthetics. Mr. Crews explained
that the access to the wells would be on 24th Street, and should not
generate much additional traffic past her property, which is along
Highway 34. Commissioner Lacy moved to approve this request for a Site
Specific Development Plan and Special Review Permit, subject to the
Conditions and Development Standards as recommended by the Planning
Commission. Commissioner Yamaguchi seconded the motion. in the
-nsuing discussion, Ms. Swanson said the 300 -foot setback was requested
by the City of Greeley, and Gene Robb, owner of part of the property,
said the 200 -foot setback would allow for placement of the well in his
pasture, while the 300 -foot setback may not. The motion carried
unanimously.
880511
Page 2
HEARING CERTIFICATION - THE ROBERT GERRITY COMPANY
This Certification was approved on the 11th day of July, 1988.
APPROVED:
ATTEST:
Weld County Crk -and-Recorder
and Clerk to the oa
By:
Deputy Otty C g
TAPE #88-31
DOCKET #88-34
PL0438
BOARD OF COUNTY COMMISSIONERS
WEL19JCf)UNTY, COLORADO
Gene R. Brantner,, Chairman
C.W. Rirby, Pe
n'fr
880511
j,Q23�f81►
RESOLUTION
RE: APPROVE ROAD IMPROVEMENTS AND MAINTENANCE AGREEMENT BETWEEN
WELD COUNTY AND THE ROBERT GERRITY COMPANY AND AUTHORIZE
CHAIRMAN TO SIGN
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, a Road Improvements and Maintenance Agreement
between Weld County and The Robert Gerrity Company concerning 24th
Street and Fern Avenue has been presented to the Board, and
WHEREAS, the terms and conditions are as stated in the
Agreement, a copy of which is attached hereto and incorporated
herein by reference, and
WHEREAS, the Board deems it advisable and in the best
interests of the citizens of Weld County to approve said
Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Road Improvements
and Maintenance Agreement between Weld County and The Robert
Gerrity Company be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Agreement.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 18th day of
July, A.D., 1988.
ATTEST:. i-
Weld Co A j':��` l d Recorder
and Clekk �t�i'yt Baird
BY:
Deputy C'bVnty C
APPROVED AS TO FORM:
County Attorney
Ploy38
BOARD OF COUNTY COMMISSIONERS
WELUNTY, COLORADO
Frank Yamaguch
et ereWs_P �/1Q
880659
COUNTY OF WELD, STATE OF COLORADO
ROAD IMPROVEMENTS AND MAINTENANCE AGREEMENT
THIS AGREEMENT is made and entered into this 8th. day of July,
1988, by and between the COUNTY OF WELD, STATE OF COLORADO,
hereinafter called "County" and THE ROBERT GERRITY COMPANY,
hereinafter called "Gerrity".
WHEREAS, Gerrity has applied for a Use by Special Review
Permit for oil and gas production facilities in the SkNEi of
Section 15, Township 5 North, Range 65 West, 6th. P.M., Weld
County, Colorado, and
WHEREAS, the Board of Weld County Commissioners granted said
application on July 6, 1988, and
WHEREAS, the development of oil and gas production facilities
allowed by said permit will generate increased heavy truck
traffic, and
WHEREAS, damage to Weld County roads may occur due to said
increased traffic.
NOW, THEREFORE, in consideration of the mutual covenants and
conditions hereinafter set forth, the County and Gerrity
mutually agree as follows:
1. The route to haul heavy production
equipment, tank trucks, and heavy truck
traffic shall be via U.S. Highway 34 to
24th. Street, thence (i) West on 24th.
Street to the site in the SWiNEk or (ii)
East on 24th. Street to Fern Avenue,
thence North on Fern Avenue to the site in
the sENNEk.
2. If damage occurs to Weld County Roads in
the area described in USR-832 as being the
SANE$ of Section 15, Township 5 North,
Range 65 West, 6th. P.M., Weld County,
Colorado as a result of developing oil and
gas production facilities, Gerrity shall
repair such damage.
3. Repair shall include, but not be limited
to, blading and the placement of gravel.
4 The development of oil and gas production
facilities shall run from the time heavy
equipment is mobilized to drill each well
through such time as final production
facilities, such as tank batteries, are
completed.
880659
IN WITNESS WHEREOF, the parties have duly executed this
Agreement the day and year first above written.
THE ROBERT GERRITY COMPANY BOARD OF WELD COUNTY COMMISSIONERS
By. _
NTilliam G. Crews
Attorney -in -Fact
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