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Home My WebLink About20252659.tiff Resolution Approve Vacation, VAC25-0014, of Amended Use by Special Review Permit, AMUSR-1458 — Cataract Capital, LLC, c/o Blair Eklund, and Talons Capital 2, LLC, c/o Andrew McCabe 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, by Resolution dated August 30, 2006, the Board approved Amended Use by Special Review Permit, AMUSR-1458, for Oil and Gas Support Services, and a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (storage of explosives) in the A (Agricultural) Zone District for Kenneth Shannon / KS Enterprises II, LLC, on the following described real estate, to-wit: Part of the NW1/4 of Section 29, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado Whereas, the Board has received a request from the current property owners, Cataract Capital, LLC, do Blair Eklund, 14122 Denver West Parkway, Suite 100, Lakewood, Colorado 80401, and Talons Capital 2, LLC, do Andrew McCabe, both represented by Spruance Consulting, LLC, 1067 South Hover Street, Unit E #626, Longmont, Colorado 80501, to vacate Amended Use by Special Review Permit, AMUSR-1458, to satisfy Conditions of Approval for Site Plan Review permits, SPR25-0002 and SPR25-0003, conditionally approved by Planning Services staff on April 4, 2025, and Whereas, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicants and the recommendations of Department of Planning Services staff, and all of the exhibits and evidence presented in this matter, and having been fully informed, deems it advisable to approve said vacation. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that Amended Use by Special Review Permit, AMUSR-1458, be, and hereby is, vacated. 5058448 Pages: 1 of 2 CG'.PL(DE/HN/mv/DA), 2025-2659 10/09/2025 11:08 AM R e .00 ASR(S�) APP�. PL1739 Carly Koppes, Clerk and Recorder, Weld County , CO III AVrditir V 1L15'li 1(k/ti u0.11.1fl gliiiiiiivi 11111 it/Is/35 Vacation, VAC25-0014, of Amended Use by Special Review Permit, AMUSR-1458 — Cataract Capital, do Blair Eklund and Talons Capital, do Andrew McCabe 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 24th day of September, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye 1_ Jason S. Maxey: Aye I aaa 140 Lynette Peppier: Aye - 0oo � !,, Kevin D. Ross: Aye 1, Approved as to Form: �� `#•'! Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 5058448 Pages: 2 of 2 2025-2659 10/09/2025 11:08 AM R Fee:$0.00 PL1739 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 kirocwdl l'lick I'd iFIN UiL EICI ii 11111 WEER DEPARTMENT OF PLANNING SERVICES MEMORANDUM COUNTY,CO TO: Weld County Board of County Commissioners CASE: VAC25-0014 FROM: Matthew VanEyll,Planner II SUBJECT: Complete Vacation of USR-1458AM—Oil&Gas Support and Service Facility, and a Use Permitted as a Use by Right,Accessory Use or Use by Special Review in the Commercial or Industrial Zone Distrcits(Storage of explosives)in the A (Agricultural)Zone District HEARING DATE: September 24th,2025 APPLICANT: Cataract Capital c/o Blair Eklund and Talons Capital do Andrew McCabe P.O.Box 19039,Golden,CO 80402 REPRESENTATIVE: Spruance Consulting LLC c/o Tom Parko 1067 S Hover St Unit E,Longmont,CO 80501 LEGAL Being a part of the NW4 of Section 29,Ti N,R66W of the 6th P.M.,Weld DESCRIPTION: County,CO LOCATION: East of and adjacent to County Road 27 and approximately.14 and.28 miles south of County Road 6. PARCEL NUMBERS: 1471-29-2-00-116,1471-29-2-00-115 PARCEL SIZES: +/-4.010 acres,5.530 acres ZONE DISTRICT: 1-2(Medium Industrial) SUMMARY: As a result of a Condition of Approval of a Site Plan Review for each property,SPR25-0002 and SPR25- 0003 conditionally approved on April 4,2025,the Department of Planning Services received a request from the applicant to vacate Use by Special Review permit USR-1458AM.USR-1458AM was approved by the Board of County Commissioners on August 30,2006 and recorded September 22,2006, reception #3421613 Oil&Gas Support and Service Facility,and a Use Permitted as a Use by Right,Accessory Use or Use by Special Review in the Commercial or Industrial Zone Distrcits(Storage of explosives)in the A (Agricultural)Zone District.On October 9,2024,the Board of County Commissioners approved a Change of Zone from A(Agricultural)to 1-2(Medium Industrial),COZ24-0005,reception number 5006323,January 15,2025.The subject properties are now zoned to allow the uses,via a Site Plan Review,that were approved with the Use by Special Review permit. The Department of Planning Services is recommending approval of this vacation. 2025-2659 /�I 4Vacation of USR-1458AM hL 1`139 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT 1,111AIN4111521121....10, 0„,., , , „ ,,I;;,:1 f..74.:',,114,,,.V.r.t;.::,,,,,„`„,,,,,,::::.°.----..'---- "—''''''."—"""'— DEVELOPMENT STANDARDS . :7,:praVrc1'.:i01.0 e), '.....C....'--.' i r,,,,,,,,,,,.. 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IIIINICINITY MAP 1 A P AR T Ut:74:71,CDT:139r7111,41013%.,.PAL ...013 NO S.NNON-0,01 ,..CAD EXCE,-060,.USR ..... A ----- Igro,7,Mra.,,7,1. caNf,rg''— , [ t 1 ,-[,-,,, 1 t, y ow 1 g APO VtE / 4 ;802P.4B , 5r5-3/ T- , 6 —1 ill : 72* " 8 ?..i., ,122V -H LI 1, u) • iL'si:',",,,':—wi 3 „ I I I,1 Id I ,,,„,,,,A, ,2--iq ' ''''s : I 7. PI''' _ I' I.,% " p / l'IP ----— — 'll, —'' —'\--'•-----7 \ 0 ---•— /1 1 \_,,,, qi -------;,.„,„.: I ,..):.--...—d_t_ MATCH-1,E \ lic / ( ..,tirr,,!---,cat/ANY DETA, I , /9 28 JOB BO SHANNO,,0301 Au toCA,E.,0601 AMUSR-P DE - DX. CO inii2g I 1 1 VATCHL NE ! = ' -P;rs,5 ME 4;C . Ttigr. ,GEND ;Irgl Eft MP I 1, • 'S'S''''''''''W/-,7Ipt, ---- ' ioDPFYilvir:1 IN ,-p4---1 L i41,uFF'"--- 'il 1 ,,,,,n,,,,,___Fil' .• :I rnwL,.. ,; -,.2. ri 11 F''''',VATF,,,,. Z E r- ,,,,,,,,,,,,,,c. i • j\\,-,., \ 44 D,..,_. 4i , 4,1 ,1 2?N" 1 P''''::::,:Le I • \ / -T-- / a k_,.7.•- ,i- P,-, ... il I ,. :7LP I ,_, ,,iz; -1_. / /. E / „,.. ,--'— ' ,1-->igeusy ,- L-±,--,,,,,--i---,,,ik,,,,, '''''.---ANNON MEL=COMPANY'N\ „s7, --' I 1.2 0,1E.E,,LEP IF ICA L \q 1`. Use by Special Review Vacation Application Planning Department Use: Date Received: Amount$ Case#Assigned:_ Application Received By: Planner Assigned: Et Complete Vacation(Revokes the USR/SUP/CUP.) 0 Partial Vacation of a USR.A Partial Vacation USR map is required.The boundaries of the USR must match the property boundaries. Property Information Case Number/Title of USR to be vacated/partially vacated: AMUSR-1458 Site Address: 1660 and 1760 CR 27 Parcel Number: 1 4 7 1 _ 2 9 _ 2 _ 0 0 1 1 6 Parcel Number: 1 4 7 1 _ 2 9_ 2 _ 0 0 _ 1 1 5 Legal Description: PT NW4 LOT B CORR REC EXEMPT RE-3360 Section: 29 ,Township 01 N,Range 66 W Property Owner(s)(Attach additional sheets if necessary.) Name: Blair Ukland Company: Cararact Captial LLC Phone#: 720-430-8870 Email: blairia.bespokeholdingsco.com Street Address: 14122 Denver West Parkway Suite 100 City/State/Zip Code: Lakewood,Colorado 80401 Applicant/Authorized Agent(Authorization form must be included if there is an Authorized Agent.) Name:Tom Parko Company: Spruance Consulting,LLC Phone#: 970-312-7050 Email: tom©spruanceconsulting.com Street Address: 1067 S Hover St,Unit E#626 Longmont,CO 80501 City/State/Zip Code: Longmont,Colorado 80501 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 it 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. l 01,/GG�2/�d' 04.07.2025 Signature:Owner or Authorized Agent Date Signature:Owner or Authorized Agent Date Tom Parko Print Owner or Authorized Agent Print Owner or Authorized Agent 04/24 3 To Whom it May Concern, 'Nye Cataract Capital LLC and Talons Capital 2 LLC (Name(s)of Property Owner(s)) are writing to request the(complete/partial)vacation of AM U S R-1458 (Circle one.) (Insert case number.) Tom Parko 04.07.2025 Print:Owner or Authorized Agent Date Print:Owner or Authorized Agent Date /Mt,/1)aAA&" Signature:Owner or Authorized Agent Signature:Owner or Authorized Agent 04/24 7 Departments of Planning Building,Development Review and Environmental Health 1402 North 17T"Avenue P.O.Box 758 11 ,`N Y Y r, Greeley,CO 80632 CA/1,a , +u,Ir ),Authorization Form ,give permission to SPe4L^c,o Camsul�'+, /re,— Qcua (Owner—please print) (Authorized Agent/Applicant—please print) to apply for any Planning,Building,Access,Grading or OWTS permits on our behalf,for the property located at(address or parcel number)below: 1460 o Cvvw� �os A 2k Fri)0-9 Lega Description: of Section ,Township N,Range W Subdivision Name: Lot Block Property Owners Information: Address: 14 1 1171 er`�t" UJt�4' S k l Pp 1 4 lL8lOd,1 Cd &O1D) �3fir' "-o i P.1o.i;r e 5 Lot ,.,�,tz-e•eokn Phone. o— EE-mail-. �L �1" Authorized Agent/Applicant Contact Information: Address: SPRUANCE CONSULTING/1067 S HOVER ST,UNIT E LONGMONT.CO.80501 Phone: 970-312-7050 E-Mail: tom@spruanceconsulting.com Correspondence to be sent to:Owner Authorized Agent/Applicant/( by: Mail_I Email_ Additional Info: i I(We);hereby certify,under penalty of perjury and after carefully reading the entire contents of this docueent,that the infor tion stated above is true and correct to the best of my(our)knowledge. TISL Date Date Owner,Signature Owner Signature Subscribed and sworn to before me this_ day of N ou eryt 3 PY ,20 211 by 8IUiy fk itirld My corhmission expires Mar 0.11 2 G'2025 No ary Public JULIEANNA NASAL NOTARY PUBLIC-STATE OF COLORADO I NOTARY ID 2021401218E MY COMMISSION EXPIRES MAR 26,2025 4939473 01/11/2024 03:06 PM Total Pages:2 Rec Fee:$18.00 Carly Koppes-Clerk and Recorder,Weld County,CO WHEN RECORDED RETURN TO: .PPI" (.cant Title STATEMENT OF AUTHORITY (§38-30-172,C.R.S.) 1.This Statement of Authority relates to an entity'named CATARACT CAPITAL,LLC,A COLORADO LIMITED LIABILITY COMPANY 2.The type of entity is a: ❑Corporation ❑Registered Limited Liability Partnership ❑Nonprofit Corporation ❑Registered Limited Liability Limited Partnership ❑X Limited Liability Company ❑Limited Partnership Association ❑General Partnership ❑Government or Govemmental Subdivision or Agency ❑Limited Partnership ❑Trust 3.The entity is formed under the laws of Colorado 4.The mailing address for the entity is 5.The❑X•name❑X position of each person authorized to execute instruments conveying,encumbering or otherwise affecting title to real property on behalf of the entity is BESPOKE CONSULTING GP II,LLC,A DELAWARE LIMITED LIABILITY COMPANY AS THE MANAGER 6.The authority of the foregoing person(s)to bind the entity:❑X is2 not limited❑is limited as follows: 7.Other matters concerning the manner in which the entity deals with interests in real property: 8.This Statement of Authority is executed on behalf of the entity pursuant to the provisions of§38-30-172,C.R.S.3 9.This Statement of Authority amends and supersedes in all respects any and all prior dated Statements of Authority executed on behalf of the entity. Executed this day of 01 ITt I 2 (SEE ATTACHED"SIGNATURE PAGE") tThis form should not be used unless the entity is ppable of holding tdle to real property. ZThe absertce of any limaation shall be prima facie evidence that ro such limaatbn eirsts. 3The statement of authority must be recorded to obtain the benefits of the Matute. • Form 884 closfng/recordfngs/soa.html 25208744 III 1111111I 1111 I II 111101 III (45182058) 4939473 01/11/2024 03:06 PM Page 2 of 2 Statement of Authority-Buyer/Borrower SIGNATURE PAGE CATARACT CAPITAL,LLC,A COLORADO LIMITED LIABILITY COMPANY BESPOKE CONSULTING C-P II,LLC,A DE WAR LIMITED LIABILITY,ITS M AGER BY: B EKLUND,MANAGER State of ) �� )ss. County of ) ' The foregoing instrument was acknowledged before me on this day of f/il by BLAIR EKLUND AS MANAGER OF BESPOKE CONSULTING GP II,LLC,A DELAWARE LIMITED LIABILITY,AS MANAGER OF CATARACT CAPITAL,LLC,A COLORADO LIMITED LIABILITY COMPANY Witness my hand and official seal, My Commission expires: Notary ubiic • TAYLOR NELSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20154033729 MY COMMISSION EXPIRES 08126/2027 • • • Form 884 dosing/recordings/soa.html 25208744(45182058) 4939472 01/11/2024 03:06 PM Total Pages:2 Rec Fee:$18.00 Carly Koppes-Clerk and Recorder,Weld County,CO WHEN RECORDED RETURN TO: IF" Land Tide STATEMENT OF AUTHORITY (§38-30-172,C.R.S.) 1.This Statement of Authority relates to an entity.'named TALONS CAPITAL 2,LLC,A COLORADO LIMITED LIABILITY COMPANY 2.The type of entity is a: ❑Corporation El Registered Limited Liability Partnership El Nonprofit Corporation ❑Registered Limited Liability Limited Partnership .❑X Limited Liability Company ❑Limited Partnership Association ❑General Partnership ❑Government or Governmental Subdivision or Agency El Limited Partnership ❑Trust ❑ 3.The entity is formed under the laws of Colorado 4.The mailing address for the entity is 5.The❑X name❑X position of each person authorized to execute instruments conveying,encumbering or otherwise affecting title to Heal property on behalf of the entity is ANDREW MCCABE,MANAGER OF BELFAST HOLDINGS GROUP LLC,A COLORADO LIMITED LIABILITY COMPANY,AS MANAGER OF TALONS CAPITAL 2,LLC,A COLORADO LIMITED LIABILITY COMPANY 6.The authority of the foregoing person(s)to bind the entity:❑X is`not limited El is limited as follows: 7.Other matters concerning the manner in which the entity deals with interests in real property: 8.This Statement of Authority is executed on behalf of the entity pursuantto the provisions of§38-30-172,C.R.S.3 9.This Statement of Authority amends and supersedes in all respects any and all prior dated Statements of Authority executed on behalf of the entity. Executed this day of Tanu4ry !(e 202. (SEE ATTACHED"SIGNATURE PAGE") 'This form should not be used unless the entity is capable of holding title to real property. 2The absence of any limitation shall be prima facie evidence that no such limitation exists. .The statement of authority must be recorded to obtain the benefits of the statute. - , • Form 884 closing,recordings/soa.html 252087. III 11111111 1111111111 III (45409022) 4939472 01/11/2024 03:06 PM Page 2 of 2 Statement of Authority-Buyer/Borrower SIGNATURE PAGE TALONS CAPITAL 2,LLC,A COLORADO LIMITED LIABILITY COMPANY • BE1CCOEW ST HOLDINGS G UP LL,A LODO EW MCCABE,MANAGER State of rpf )ss. County of S e tivSa r ) The foregoing instrument was acknowledged before me on this day of.'c,+�wr II,2a 2ti by ANDREW MCCABE,MANAGER OF BELFAST HOLDINGS GROUP LLC,A COLORADO LIMITED LIABILITY COMPANY,AS MANAGER OF TALONS CAPITAL 2,LLC,A COLORADO LIMITED LIABILITY COMPANY Witness my hand and official seal My Commission expires: _((2_4,11,z q. ILC/ t AAA Notary Public SCOTT RODLI NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20164015126 MY COMMISSION EXPIRES APRIL 20,2024 Form 884 dosing/recordings/soa.html 25208744(45409022) Colorado Colorado Secretary of State I.:20238207035 Document#:20238207035 Secretary of State Filed on:11/201202304:36:51 PM Paid:$50.00 Articles of Organization for a Limited Liability Company filed pursuant to§7-90-301 and§7-80-204 of the Colorado Revised Statutes(C.R.S.) The domestic entity name of the limited liability company is Cataract Capital,LLC The principal office street address is 14142 Denver West Pkwy Ste 101 Lakewood CO 80401 US The principal office mailing address is PO Box 19039 Golden CO 80402 US The name of the registered agent is Bespoke Holdings Co The registered agent's street address is 14142 Denver West Pkssy Ste 101 Lakewood CO 80401 US The registered agent's mailing address is PO Box 19039 Golden CO 80402 US The person above has agreed to be appointed as the registered agent for this entity. The management of the limited liability company is vested in Members There is at least one member of the limited liability company. Person(s)forming the limited liability company Bespoke I Ioldings Co PO Box 19039 Golden CO 80402 US Causing this document to be delivered to the Secrctaty of State for filing shall constitute the aftiemotion or acknowledgment of each individual causing such delivery,tinder 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 pact 3 of article 90 of title 7.C.R.S.,and,if applicable,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 petjurx 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. Name(s)and address(es)of the individual(s)causing the document to be delivered for filing Blair Eklund PO Box 19039 Golden CO 80402 US t Colorado Secretary of State ,,, Colorado ID.:20238207035 Document#:20241019924 Secretary of State ”, Filed on:01./2024 11:43:40 AM Paid:$25.00 Articles of Amendment for a Limited Liability Company filed pursuant to§7-90-301 and§7-80-204 of the Colorado Revised Statutes(C.R S.) The entity 1D Number is 20238207035 The entity name is Cataract Capital,LLC Additional amendments or other information included is Change the management of the limited liability company is vested in"members"to"managers" 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 panalties 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.,and,if applicable,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 silo be delivered. Name(s)and address(es)of the individual(s)causing the document to be delivered for filing Blair Eklund PO Box 19039 Golden CO 80402 US tColorado Colorado Secretary of State ID#:20241036326 Document#:20241036326 Secretary of State Filed on:01/09/202401:27:16 PM Paid:$50.00 Articles of Organization for a Limited Liability Company filed pursuant to§7-90-301 and§7-80-204 of the Colorado Revised Statutes(C.R.S.) The domestic entity name of the limited liability company is Talons Capital 2,LLC The principal office street address is 14142 Denver West Pkwy Ste 101 Lakewood CO 80401 US The principal office mailing address is PO Box 19039 Golden CO 80402 US The name of the registered agent is Bespoke Holdings Company The registered agent's street address is 14142 Denver West Pkwy Ste 101 Lakewood CO 80401 US The registered agent's mailing address is PO Box 19039 Golden CO 80402 US The person above has agreed to be appointed as the registered agent for this entity. The management of the limited liability company is vested in Managers There is at least one member of the limited liability company. Person(s)forming the limited liability company Bespoke Holdings Company 14142 Denver West Pkwy Ste 101 Lakewood CO 80401 US Additional information the person(s)forming this entity determined to include is Member is Belfast Holdings Group LLC The managers will be as follows. Andrew McCabe Scott Rodli Daniel McCabe 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.,and,if applicable,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 earned in the document as one who has caused it to be delivered Name(s)and address(es)of the individual(s)causing the document to be delivered for filing Blair Eklund 14142 Denver West Pkwy Ste 101 Lakewood CO 80401 US Colorado Secretary of State -Filed Date and Time:05/02/2018 01:29 PM Document must be filed electronically. ID Number:20181368828 Paper documents are not accepted. Fees&forms are subject to change. Document number:20181368828 For more information or to print copies Amount Paid:$50.00 of filed documents,visit www.sos.state.co.us. ABOVE SPACE FOR OFFICE USE ONLY Articles of Incorporation for a Profit Corporation filed pursuant to§7-102-101 and§7-102-102 of the Colorado Revised Statutes(C.R.S.) 1.The domestic entity name for the corporation is Bespoke Holdings Company (Caution:The use of certain terms or abbreviations are restricted by law.Read instructions for more information) 2.The principal office address of the corporation's initial principal office is Street address 1334 Silver Rock Ln (Street number and name) Evergreen CO 80439 (City) (State) (ZIP/Postal Code) United States (Province—if applicable) (Country) Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) (City) (State) (ZIP/Postal Code) (Province—if applicable) (Country) 3.The registered agent name and registered agent address of the corporation's initial registered agent are Name (if an individual) Eklund Blair (Last) (First) (Middle) (Sofa) or (if an entity) (Caution:Do not provide both an individual and an entity name.) Street address 1334 Silver Rock Ln (Street number and name) Evergreen CO 80439 (City) (State) (ZIP/Postal Code) Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) CO (City) (State) (ZIP/Postal Code) ARTINC_PC Page 1 of 3 Rev.8/5/2013 (The following statement is adopted by marking the box.) The person appointed as registered agent above has consented to being so appointed. 4.The true name and mailing address of the incorporator are Name (if an individual) Eklund Blair (Last) (First) (Middle) (Suffix) or (if an entity) (Caution:Do not provide both an individual and an entity name.) Mailing address 1334 Silver Rock Ln (Street number and name or Post Office Box information) Evergreen CO 80439 (City) (State) (ZIP/Postal Code) United States . (Province-if applicable) (Country) (If the following statement applies,adopt the statement by marking the box and include an attachment) ❑The corporation has one or more additional incorporators and the name and mailing address of each additional incorporator are stated in an attachment. 5.The classes of shares and number of shares of each class that the corporation is authorized to issue are as follows. Q The corporation is authorized to issue 1,000 common shares that shall have unlimited voting rights and are entitled to receive the net assets of the corporation upon dissolution. OInformation regarding shares as required by section 7-106-101,C.R.S.,is included in an attachment. 6.(If the following statement applies,adopt the statement by marking the box and include an attachment.) ❑This document contains additional information as provided by law. 7.(Caution:Leave blank if the document does not have a delayed effective date.Stating a delayed effective date has significant legal consequences.Read instructions before entering a date.) (If the following statement applies,adopt the statement by entering a date and,if applicable,time using the required format.) The delayed effective date and,if applicable,time of this document is/are (mm/dd/yyyy hour:minute am/pm) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery,under penalties of perjury,that the document is the individual's act and deed,or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing,taken in conformity with the requirements of part 3 of article 90 of title 7,C.R.S.,the constituent documents,and the organic statutes,and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part,the constituent documents,and the organic statutes. 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. ARTINC_PC Page 2 of 3 Rev.8/5/2013 8.The true name and mailing address of the individual causing the document to be delivered for filing are Eklund Blair (Last) (First) (Middle) (Suffix) 1334 Silver Rock Lane (Street number and name or Post Office Box information) Evergreen CO 80439 (City) (State) (ZIP/Postal Code) United States . (Province—if applicable) (Country) (lf the following statement applies,adopt the statement by marking the box and include an attachment.) This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet,and any related instructions,are not intended to provide legal,business or tax advice, and are furnished without representation or warranty.While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date,compliance with applicable law,as the same may be amended from time to time,remains the responsibility of the user of this form/cover sheet.Questions should be addressed to the user's legal,business or tax advisor(s). ARTINC_PC Page 3 of 3 Rev.8/5/2013 Weld County Treasurer Statement of Taxes Due Account lumber 122582-103 Parcel 1471292011115 Assessed To cATARAcT cAprrll.I.LC(62°6 ENE) PO BOX 1,039 GOLDEN.CO SO402-6050 Legal Description Sit.Address PT NW4 29-1-66 wt.B CORR REC EXEMPT RE-3360(.+2R) 1760 COUNT,-ROAD 27 WELD Year Tax Interest Fees Payments Balance Tax Charge 2024 S67,426,58 S0 00 $0.00 ($67,426.58) SO AO Total Tax Charge SO-00 Grand Total Due as of 07/22/2025 $0.00 Tas Billed at 2024 Rates for Tax Area 2502-25. Authority Mill Levy Amount Values Actual Assessed WELD COI'NTY 15 95t10000* S17,005.60 WAREHOUSE,STORA S963,547 S268 830 SCHOOL,INS T RF:B-F()R'[EUP FON 18 5080000 S19,725 46 GE-L;IND SPEC PURPOSE- 61,060 CE\TRALCOLORADOWATER I.0170000 8 IMPROVEMENTS CENTRAL COLORADO WATER 1 5070000 Si,60G, W.:,R11101`E.STORA S2.309,162 `5644,260 SUBD PS GREATER BRIGHTON FIRE 16 7930000 S17..7,65 Total $.3.850 000 5L07},150 AIMS li\012 COLLEGE 6 3050000 S6,719.74 HIGH PLAIN'S LIBRARY 3 17,0000 S3,38131 1 "rases Billed 2024 63 2650000 SO7,426.58 Credit Lc, • 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 174'Avenue t a PO Box 458 `I N w aw 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 pare evidence that as of this date,all current and prior year taxes related to this parcel have been paid in full. Signedri i"\-COV Date: 22- 1400 N.17th Avenue,Greeley,CO 80631 or PO Box 458,Greeley,CO 80632.(970)400-3290 Page 1 of 1 Weld County Treasurer Statement of Taxes Due Ace cant Number R295=1404 Parcel 147129200116 Assessed CATARACT CAP1 1,1,LTC 16 a INT) PO BOX 19039 GOLDEN,CO 80402-6050 Legal Description Shia Address _iN\4%3 hr, ;�d'l tl'i't•.I (.1.'(;-+ii, - �: '�':+ �...l ,.;,L'lr R�:iD 2- Year Tax Interest Fees Payments Balance li Tax Charge 2024 S40_879 96 $0 00 S0.00 ($40,879.96) $0.00 Total Tax Charge 110.00 Grand Total Due as of 07/22/2025 $0.00 Tax Billed at 2024 Rates for Tax Area 2502-2502 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 15.9560000* S10,310 30 CON IRACTNGSER, SO98_702 S104.940 SCHOOL DIN I RFs-FOR F I.1 TTOi\ 8 5080000 S11.959 32 1-'1) CENT RAI,COLORADO TER .170000 $657 15 C'ON FRACTNG.SER\- S1.617.208 .S451 230 I\1PRO\,ITS (CC, CENTRAL COL:ORADO WATER 1 5070000 S973 77 Total S2,316,000 S646.170 >L'BD OR,1 ER BRIGHTON FIRE 16 7910000 S10,851 14 1I\IS 11`NIOR COIL,EGF. 6 3050000 S4,074 1 I IIIGH PLAT,1.11312 RV 1 1790000 $2,054 17 Taxes B:11 d 20, 63 26.5,000 S40.879 96 Credit To v 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 Flinn Weld County Treasurer's Office 1400 N 17th Avenue 1 r ' PO Box 458 +► ��r, 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. SlgnedAl li // Date: ✓ l/ 22 1400 N.17th Avenue,Greeley,CO 80631 or PO Box 458,Greeley,CO 80632.(970)400-3290 Page 1 of 1 Weld County Treasurer Statement of Taxes Due Account Number R2954404 Parcel 147129200116 Assessed To KS ENTERPRISES II LLC PO BOX 843 BRIGHTON,CO 80601,8 43 Legal Description Sous Address C""NTY ROAD_7"."" LOT H RF-3.; Year Tax Interest Dees Payments Balance Tax Charge 2023 $37.276.26 $0.00 $0.00 ($37,276.26) $0.00 Total Tax Charge $0.00 Grand Total Duc as of 1,05 2024 $0.00 Tax Billed at 2023 Rates for Tax Area 2502-2502 Author! Mill t.cvy Amount Values Actual Assessed WELD COUNTY 12.0240000* $7,769.56 CONTRACTNGiSERV- $698,702 $194,940 SCHOOL D[.ST RER-POKY LEPTON 17,1970000 $1 I.I 12.18 LAND CENTRAL COLORADO WATER 0,8910000 $575.7; CONTRACTNGISERN- $1,617.298 $451,230 (C'CW' th1PROVMTS , CENTRAL.COI DRAIN WATER 1.3000000 $840.02 Total $2,316,000 $646,170 SURD GREATER BRIGHTON FIRE 16.7440000 $10,81947 AIMS JUNIOR COLLEGE EGE 6 3360000 $4.094.Id HIGH PLAINS LIBRARY 3 1960000 $2.065,16 Taxes Billed 2023 57.6880000 `n37276.26 Credit Levy 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 TREASURERS 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, >Bat Weld County Treasurer's Office 1400 N 17th Avenue PO Box 458 ' - Greeley,CO 80632 °`�7 x 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. .\-\-tldh-- Date: af C61t Weld County Treasurer Statement of Taxes Due Account Number R2582403 Parcel 147129200115 t r: Assusul To IiS ENTERPRISES 1 LIE PO BOX 843 BRIGI ITON-co 80601.43 Legal Description Situs Address PT NW4 294-66 LOT B CORR RFC EXF:11.I,RE-3360(.42R) 1760 COUNTY ROAD 27 WELD (' Year Tax Interest Foes Payments Balance Tar Charge 2023 $61,482.72 $0,00 $0.00 ($61,482.72) $0.00 Total Tax Charge $0.00 Grand'Total Due as,12/05 2024 $0.00 'Fax Billed at 2023 Rates For Fax.Area 2502-25. Authority Mill I evy Amount Values .Actual Assessed WELD COUNTY 12.024000V S12.81494 WAREHOUSI,STORA $063,547 $268,830 SC:I1004 DIST RE8-FOR"f'LUPTON 17 1970000 $18.328 23 C;E-LAND 0 1 N"TRAL COLORADO WATER 0.8)I0000 $949 .6 0 SPEC PL!RPOSE:- $577,291 $161,060 (CM W' I(t1PROVEhIE:NTS CENTRAL COL.OR.ADO WATER 13000000 $1,38i 52 r\R0:H9USF/S"I ORA $2.309.162 $644.260 StJBD 1 IMPS. GREATER BRIGHTON FIRE 16 7440000 $17.845.42 Total $3.850.000 S1.074.150 AIMS JUNIOR COLLEGE 6 3360000 $6.752.78 1-1I011 PLAINS LIBRARY" 3 1960000 S3,40623 Taxes Billed 2023 57 6880000 $61,482 72 Credit Levi 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 gat Weld County Treasurers Office 1400 N 17th Avenue I PO Box 458 t P Greeley,CO 80632 r x 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. SignedAinkrDate: al C6120211 4939477 01/11/2024 03:06 PM Total Pages:2 Rec Fee:$18.00 Doc Fee:$338.09 Carly Koppes-Clerk and Recorder.Weld County,CO 11117kile Rei— Special Warranty Deed s Dooumenta Fee (Pursuant to C.R.S.as 3s 113l,9bl) Date:(•t f. ,, j $338. This Deed,effective as of I t! signed on the date(s)acknowledged below,by Grantor(s),KS ENTERPRISES II,ILLLC,A COLORADO LIMITED ,whose street address Is PO BOX 043,BRIGHTON,CO 00801,City or Town of Bt6GHTON,County of Adams and State of Colorado,for the consideration of MA0 and other good and valuable consideration,in paid,hereby se8(s)and convey(,)to CATARACT CAPITAL,LLC,A COLORADO LIMITED UABILJTY COMPANY,AS TO AN ;kn. ME D 82%INTEREST;and TALONS CAPITAL 2,LLC,A COLORADO LIMITED LIABILITY COMPANY AS TO AN UNDIVIDED NTEREST,whose street address is PO BOX 19839 GOLDEN,CO.80402,City or Town of GOLDEN,County of Jefferson and State o,the tollowirtg real property In the County of Weld and State of Colorado,to wit; 1 i THAT PART OF THE SW 1/4 OF THE NW 1/4 LYING WEST OF THE UNION PACIFIC RAILROAD,EAST OF WELD COUNTY R AD 27,AND SOUTH OF LOT B,RECORDED EXEMPTION NO.3360,BEING A PART OF SECTION 29,TOWNSHIP 1 NORTH, E 66 WEST OF THE 6TH P.M., CEPT THAT PART CONVEYED BY DEED RECORDED OCTOBER 24,1956 IN BOOK 1433 AT PAGE 68,COUNTY OF WELD, ATE OF COLORADO. Seder hereby reserves all subsurface mineral rights appurtenant to the Property,Including any and all minerals,oil,gas and other ;hrlisoarbon substances("Mineral Rights",including,without lanitatlon,any and all royalties associated with such Mineral WAS known by stoat and number as:1880 COUNTY ROAD 27,BRIGHTON,CO 00603 tall its appurtenances and warfangs)the title to the same against all persons claming under me(us),subject to Statutory and any rights of tenants under unrecorded leases of the Property. (S ATTACHED"SIGNATURE PAGE) i When recorded return to: CATARACT CAPITAL,LLC,A COLORADO LIMITED LIABILITY COMPANY,AND TALONS CAPITAL 2 LLC,A COLORADO LIMITED LIABILITY COMPANY 14142 DENVER WEST PARKWAY SUITE 101,LAKEWOOD,CO 80401 Fonn 1p90 closino/deedsistatutory/swd_statutory.html 25208744 'I I I 1111111111111111111111 I) (7250946) I Special Warranty Deed with Statutory Exceptions SIGNATURE PAGE KS E LIM ERPRISES II,LLC,A COLORADO ITED LIABI rry COMPANY By.j _/��Z1,14 QHi i NNETH T.SHANNON,MANAGER State of Cv/ Io )ss. Count_ylfof ( v4 C r 1� The forgoing instrument was acknowledged before me on this day of Ja,1 litl..Y ,20,2Yby KENNETH T.SHANNON AS MANA?ER OF KS ENTERPRISES II,LLC,A COLORADO LIMITED LIABILITY COMP!ANY WiMese my hand and official seat/ // �/yo/. My Commission expires: 9/�3/Z2- N e/t elb ((( // tary Public BONNIE NORTHROPAZEVEDO NOTARY PUBLIC STATE OF COLORADO { NOTARY ID 20044032621 M!'COMMISSION ESPAES SEPTEMBER 13.2024. tI Form 1090 closing!deeds/statutory/swd_5tatutory.html 25208744(7250946) 1 1 4939475 01/11/2024 03:06 PM 1 Total Pages:2 Rec Fee:$18.00 Doc Fee:$404.41 i Carly Koppes-Clerk and Recorder,Weld County,CO I OP" Special Warranty Deed State (Pursuant to C.R.S.38-3n-113(1)(b)) Date:I.I I $404.41 i This Deed,effective as of(•I t•2 1 ,signed on the date(s)advrowledged below,by Grantor(s),KS L4ITERPRISES 1,LC,A COLORADO LIMITED LIABILITY COMPANY,whose street address is PO BOX 843,BRIGHTON,CO 80601,City or Town of B GHTON,County of Adams and State of Colorado,for the consideration of$10.00 and other good and valuable consideration,in ha Paid,hereby sell(s)and convey(s)to CATARACT CAPITAL,LLC,A COLORADO LIMITED LIABILITY COMPANY,AS TO AN DIVIDED RN,INTEREST;and TALONS CAPITAL 2,LLC,A COLORADO UNITED LIABILITY COMPANY AS TO AN UNDIVIDED INTEREST,whose street address Is PO BOX 19039 GOLDEN,CO.80402,City or Town of GOLDEN,County of Jefferson and State of redo,the following real property in the County of Weld and State of Cobrado,to Mt: I L. B,RECORDED EXEMPTION NO.147129.2 RE"3360•CORRECTED,RECORDED MAY 30,2003 UNDER RECEPTION NO. i •.,BEING A PART OF THE NW 1/4 OF SECTION 29,TOWNSHIP 1 NORTH,RANGE 66 WEST OF THE 6TH PAL,COUNTY OF d.,STATE OF COLORADO. S4tir hereby reserves all subsurface mineral rights appurtenant to the Property,including any and all minerals,o0,gas and other hydrocarbon substances("Mineral Rights"),Including,without limitation,any and all royalties associated with such Miners( Rights. also known by street and number as:1760 COUNTY ROAD 27,BRIGHTON,CO 80603 with all its appurtenances and warrant(s)the title to the same against all persons claiming under r+e(us),subject to Statutory Ex eptbns and any rights of tenants raider unrecorded leases of the Property. (SEE ATTACHED"SIGNATURE PAGE") When recorded return to: CATARACT CAPITAL,LLC,A COLORADO UNITED LIABILITY COMPANY AND TALONS CAPITAL 2 LLC,A COLORADO UNITED UABIUTY COMPANY 14142 DENVER WEST PARKWAY SUITE 101,LAKEWOOD,CO 80401 Form 1‘ dosinoideedsistatutooy/swd_statutory.html 25208744 6) III 111111 Ills P llllll 1111 , Special Warranty Deed with Statutory Exceptions SIGNATURE PAGE KS E ERPRISES I,LLC,A COLORADO LIMITED LIABI COMPANY By: NNETH T.S AN ON,MANAGER State e COI Id, ) )ss. County of pQ.71. ) + n 1� The for oing instrument was acknowledged before me on this day of� aV1(4tI M I0t Uu2 by KENNETH T.SHANNON AS MANAGER OF KS ENTERPRISES 1,LLC,A COLORADO LIMITED LIABILITY COMP r Witness my hand and official seal My Commission expires: 1(13(70 21 j/ ,t, i��1to o ary Public II BONNIENOTARY NORTHROP AZEVEDO PUBLIC I STATE OF COLORADO NOTARY ID 20044032621 MY COMMISSION EXPIRES SEPTEMBER 13,2024 • Fern 1090 dosing/deeds/statutory/swd_statutory.html 25208744(7250946) RESOLUTION RE : APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT # 1458 FOR OIL AND GAS SUPPORT SERVICES , AND A USE PERMITTED AS A USE BY RIGHT , ACCESSORY USE , OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS ( STORAGE OF EXPLOSIVES ) IN THE A ( AGRICULTURAL ) ZONE DISTRICT - KENNETH SHANNON / KS ENTERPRISES II , LLC WHEREAS , the Board of County Commissioners of Weld County , Colorado , pursuant to Colorado statute and the Weld County Home Rule Charter , is vested with the authority of administering the affairs of Weld County , Colorado , and WHEREAS , the Board of County Commissioners held a public hearing on the 30th day of August , 2006 , at the hour of 10 : 00 a . m . , in the Chambers of the Board for the purpose of hearing the application of Kenneth Shannon / KS Enterprises II , LLC , P . O . Box 843 , Brighton , Colorado 80601 , for a Site Specific Development Plan and Amended Use by Special Review Permit # 1458 for Oil and Gas Support and Services , and a Use Permitted as a Use by Right , Accessory Use , or Use by Special Review in the Commercial or Industrial Zone Districts ( storage of explosives ) in the A ( Agricultural ) Zone District on the following described real estate , being more particularly described as follows : Part of the NW 1 / 4 of Section 29 , Township 1 North , Range 66 West of the 6th P . M . , Weld County , Colorado WHEREAS , said applicant was represented by Steven Bain , Welborn Sullivan Meck and Taoley , P . C . , 821 17th Street , Suite 500 , Denver , Colorado 80202 , at said hearing , and WHEREAS , Section 23 - 2 - 230 of the Weld County Code provides standards for review of said Amended Use by Special Review Permit , and WHEREAS , the Board of County Commissioners heard all of the testimony and statements of those present , studied the request of the applicant and the recommendation 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 23 - 2 - 260 of the Weld County Code . 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23 - 2 - 230 . B of the Weld County Code as follows : a . Section 23 - 2 - 230 . B . 1 - - The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect . Section 22 - 2 - 60 . D ( A . Goal 4 ) states , " Conversion of agricultural land to nonurban residential , commercial and industrial uses will be accommodated when the subject site is in an area that can support such development . Such 2006 - 2 313 PL1739 �J ( � e, 9 - 1 AMENDED USR#1458-KENNETH SHANNON/KS ENTERPRISES II,LLC PAGE 2 development shall attempt to be compatible with the region."Use by Special Review Permit(USR)#1458 was approved by the Board of County Commissioners on September 1,2004,fora Site Specific Development Plan and a Use by Special Review fora Mineral Resource Development Facility (oil and gas support and services)in the(A)Agricultural Zone District.The applicant is proposing to store less than 600 pounds of DOT Division 1.4 Oil Well perforating charges and 1,500 feet or less of 80 grains/feet of detonating cord on the site in two outdoor Type 2 magazines that measure 8x8x8 feet, two small indoor magazines and one day-box in the warehouse.Conditions of Approval and Development Standards ensure that a reasonable attempt will be made to be compatible with the vicinity. b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the A(Agricultural)Zone District.Section 23-3-40.A.2 of the Weld County Code provides fora Mineral Resource Development Facility including an Oil and Gas Support and Service Facility and a Use by Right in the A(Agricultural) Zone District. Section 23-3-40.R of the Weld County Code provides for Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts(the storage of explosives)in the A(Agricultural)Zone District. c. Section 23-2-230.B.3--The uses which will be permitted will be compatible with the existing surrounding land uses.The surrounding property to the east is primarily agricultural beyond the Union Pacific Railroad,residential uses are located to the north of the site,commercial uses to the south(bar)and residential with existing USR's are located to the west of the site.There is an existing residence located between the two Amended USR sites.The application states the applicant is required to be in compliance with the Federal Bureau of Alcohol,Tobacco,and Firearms at all times.One letter from a surrounding property owner has been received.The concerns are in regards to the existing and future drainage on the site,along with the safety of the proposed structure to house the explosives. The Development Standards and Conditions of Approval will ensure compatibility with adjacent properties. d. Section 23-2-230.B.4--The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect,or the adopted Master Plans of affected municipalities.The subject property lies within the three-mile referral area of the Cities of Brighton and Fort Lupton,the Town of Lochbuie,and Adams County.The City of Fort Lupton and the Town of Lochbuie reviewed the request and found no conflicts with its interests. No comments were received from the City of Brighton or Adams County. 2006-2313 PL1739 AMENDED USR#1458-KENNETH SHANNON/KS ENTERPRISES II,LLC PAGE 3 e. Section 23-2-230.B.5--The application complies with Chapter 23,Article V, of the Weld County Code.The site does not lie within any Overlay Districts. Effective January 1,2003,building permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Program.Effective August 1,2005,building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater Drainage Impact Fee. f. Section 23-2-230.B.6--The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The site is already being utilized for an Oil and Gas Support and Services business,as approved by the Board of County Commissioners on September 1,2004. g. Section 23-2-230.B.7--The Design Standards(Section 23-2-240,Weld County Code),Operation Standards(Section 23-2-250,Weld County Code), Conditions of Approval,and Development Standards ensure that there are adequate provisions for the protection of the health,safety,and welfare of the inhabitants of the neighborhood and County. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the application of Kenneth Shannon/KS Enterprises II,LLC,for a Site Specific Development Plan and Amended Use by Special Review Permit#1458 for Oil and Gas Support and Services,and a Use Permitted as a Use by Right,Accessory Use,or Use by Special Review in the Commercial or industrial Zone Districts(storage of explosives)in the A(Agricultural) Zone District on the parcel of land described above be,and hereby is,granted subject to the following conditions: 1. Prior to recording the plat: A. The applicant shall address the concerns and requirements of the Greater Brighton Fire Protection District,as stated in its referral dated June 29,2006. Written evidence shall be provided to the Department of Planning Services. B. The applicant shall address the concerns and requirements of the Federal Bureau of Alcohol,Tobacco,and Firearms,as stated in its referral dated July 6,2006.Written evidence shall be provided to the Department of Planning Services. C. The applicant shall address the concerns and requirements of the Weld County Building Inspection Department,as stated in the referral response dated July 11,2006.Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. D. The applicant shall address the concerns and requirements of the Weld County Department of Public Works,as stated in the referral response dated 2006-2313 PL1739 AMENDED USR#1458-KENNETH SHANNON/KS ENTERPRISES II,LLC PAGE 4 June 20,2006.Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. E. The applicant shall address the concerns and requirements of the State of Colorado Division of Water Resources,as stated in the referral response dated June 23,2006.Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. F. The applicant shall address the concerns and requirements of the Weld County Sheriffs Office,as stated in the referral response dated July26,2006. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. G. The plat shall be amended to delineate the following: 1) All plats shall be labeled AMUSR-1458. 2) The Amended Use by Special Review Plat shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 3) The attached Development Standards. 4) Weld County Road 27 is designated on the Weld County Road Classification Plan as a collector status road,which requires 80 feet of right-of-way at full build out. There is presently a 60-foot right-of-way.A total of 40 feet from the centerline of Weld County Road 27 shall be delineated on the plates right-of-way reservation for future expansion of Weld County Road 27.The applicant shall verify the existing right-of-way and the documents creating the right-of-way. This road is maintained by Weld County. 5) The existing access points shall be delineated on the plat. H. The applicant shall submit two(2)paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. 2. Upon completion of Condition of Approval#1 above,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 the Department of Planning Services.The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.The Mylar plat and additional requirements shall be submitted within thirty(30)days from the date of the Board of County Commissioners Resolution.The applicant shall be responsible for paying the recording fee. 2006-2313 PL1739 AMENDED USR#1458-KENNETH SHANNON/KS ENTERPRISES II,LLC PAGE 5 3. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Amended Use by Special Review.Acceptable CAD formats are .dwg,.dxf,and.dgn(Microstation);acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is.e00.The preferred format for Images is.tif(Group 4).(Group 6 is not acceptable).This digital file maybe sent to maps@co.weld.co.us. 4. Prior to Operation: A. The portable outdoor barricade magazines,two small indoor magazines,and the one day-box shall be inspected and approved by the Greater Brighton Fire Protection District. 5. The Amended USR activity shall not occur,nor shall any building or electrical permits be issued on the property,until the Amended USR plat is ready to be recorded in the office of the Weld County Clerk and Recorder. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 30th day of August,A.D.,2006. ;TM:_c'f OARD OF UNTY COMMISSIONERS ti. ELD CO ,COLORADO ATTEST: 4te#11/144 eile,Chair Weld County Clerk to the Board •� BY: 1 ��ar David E.Long,Pro-Tem 47 Dep Clerk to e Board i21 APPR TO F \K4)- Robert D.Masd n my Attorney EXCUSED Glenn Vaad Date of signature: CI 1/440 2006-2313 PL1739 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS KENNETH SHANNON/KS ENTERPRISES II,LLC AMUSR#1458 1. The Site Specific Development Plan and Amended Use by Special Review Permit#1458 is for Oil and Gas Support and Services,and a Use Permitted as a Use by Right,Accessory Use or Use by Special Review in the Commercial or Industrial Zone Districts(storage of explosives)in the A(Agricultural)Zone District,as indicated in the application materials on file and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The site is to store less than 600 pounds of DOT Division 1.4 Oil Well perforating charges and 1,500 feet or less of 80 grains/feet of detonating cord in two outdoor Type 2 magazines that measure 8x8x8 feet,two small indoor magazines and one day-box in the warehouse. 4. Hours of operation are 6:30 a.m.to 5:00 p.m.,as stated in the application material. 5. The site is limited to no more than thirty(30)employees as stated in the application material. 6. Uses shall be located,designed,and operated in accordance with the Air Quality Standards established by the Colorado Air Pollution Control Commission.The applicant shall meet the established Standards set by the Weld County Department of Public Health and Environment. 7. Property shall be maintained in such a manner that grasses and weeds are not permitted to grow tallerthan twelve(12)inches.In no event shall the propertyowners allow the growth of noxious weeds. 8. Should noxious weeds exist on the property,or become established as a result of the proposed development,the applicant/landowner shall be responsible for controlling the noxious weeds,pursuant to Chapter 15,Articles I and II,of the Weld County Code. 9. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties,where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the Lighting Plan.Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets.No colored lights maybe used which maybe confused with,or constructed as,traffic control devices. 10. The historical flow patterns and run-off amounts will be maintained on the site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases,diversions, concentration and/or unplanned ponding of storm run-off. 2006-2313 PL1739 DEVELOPMENT STANDARDS-KENNETH SHANNON/KS ENTERPRISES II,LLC (AMENDED USR#1458) PAGE 2 11. All liquid and solid wastes,as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5,C.R.S.,shall be stored and removed forfinal disposal in a manner that protects against surface and groundwater contamination. 12. No permanent disposal of wastes shall be permitted at this site.This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act,Section 30-20-100.5,C.R.S. 13. Waste materials shall be handled,stored,and disposed in a manner that controls fugitive dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions. 14. The applicant shall operate in accordance with the approved Waste Handling Plan. 15. The applicant shall comply with all provisions of the Underground and Above-ground Storage Tank Regulations. 16. Fugitive dust and fugitive particulate emissions shall be controlled on this site.The facility shall be operated in accordance with the approved Dust Abatement Plan at all times. 17. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone District,as delineated in Section 25-12-103,C.R.S. 18. Adequate hand washing and toilet facilities shall be provided for employees and patrons of the facility. 19. Sewage disposal for the facility shall be by septic system.Any septic system located on the property must comply with all provisions of the Weld County Code,pertaining to Individual Sewage Disposal Systems(I.S.D.S.) 20. A permanent,adequate water supply shall be provided for drinking and sanitary purposes (commercial well#261608). 21. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling,and in a manner that minimizes the release of hazardous air pollutants and volatile organic compounds. 22. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado Department of Public Health and Environment,Water Quality Control Division. 23. The operation shall complywith all applicable rules and regulations of the state and federal agencies and the Weld County Code. 24. Per Table 415.3.1,exception"e"of the 2003 International Building Code,"portable or mobile magazines not exceeding 120 square-feet in area need not comply with the requirements of this code;however,all magazines shall comply with the International Fire Code. 2006-2313 PL1739 DEVELOPMENT STANDARDS-KENNETH SHANNON/KS ENTERPRISES II,LLC (AMENDED USR#1458) PAGE 3 25. The site shall be in compliance with the Federal Bureau of Alcohol,Tobacco,Firearms and Explosives and the Greater Brighton Fire Protection District at all times. 26. Effective January 1,2003,building permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Program. 27. Effective August 1,2005,building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater Drainage Impact Fee. 28. The landscaping on the site shall be maintained in accordance with the approved Landscape/Screening Plan. 29. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of exploration development,completion,recompletion,re-entry,production,and maintenance operations associated with existing or future operations located on these lands. 30. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240,Weld County Code. 31. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250,Weld County Code. 32. Weld County Government personnel shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property complywith the Development Standards stated herein and all applicable Weld County regulations. 33. The Amended USR area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations.Substantial changes from the plans or Development Standards,as shown or stated,shall require an amendment of the Permit approved by the Weld County Board of County Commissioners,before such changes from the plans or Development Standards will be permitted.Any other changes shall be filed in the office of the Department of Planning Services. 34. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards.Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 2006-2313 PL1739 Hello