HomeMy WebLinkAbout20232474.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION OF SECOND MINOR AMENDED USE BY SPECIAL
REVIEW PERMIT, 2MUSR18-84-602 - SHARP TRUST, C/O DONOVAN SHARP
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 Administrative Review dated August 28, 2018, the Department of Planning
Services approved the request of Tim Sharp, for a Site Specific Development Plan and Second
Minor Amended Use by Special Review Permit, 2MUSR18-84-602, for an Oil and gas services
construction yard, a second single family residence, a powder shop and a shop, to change the
hours of operation to 24/7, increase the number of employees to 30, and amend the USR
boundary in the A (Agricultural) Zone District, on the following described real estate, to -wit:
Lot B of Recorded Exemption RECX14-0020; being
part of the NE1/4 of Section 34, Township 5 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board has received a request from the current property owner, Sharp
Trust, c/o Donovan Sharp, 21588 County Road 52, Greeley, Colorado 80631, to partially vacate
Second Minor Amended Use by Special Review Permit, 2MUSR18-84-602, on the following
described real estate, to -wit:
Lot A of Lot Line Adjustment, LLA23-0009; being
part of the NE1/4 of Section 34, Township 5 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of the
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 partial vacation, conditional
upon the following:
1. Pursuant to Section 23-2-280.B of the Weld County Code, the applicant
shall submit a revised USR map, titled "Partial Vacation of Second Minor
Amended Use by Special Review Permit, 2MUSR18-84-602", conforming
to Section 23-2-260.D of the Weld County Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Second Minor Amended Use by Special Review Permit,
2MUSR18-84-602, be, and hereby is, partially vacated, with the abovementioned condition, with
said map to be titled and recorded as "Partial Vacation of Second Minor Amended Use by Special
Review Permit, 2MUSR18-84-602".
4920163 Pages: 1 of 2
09/12/2023 10:44 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
lIII �d I�i��l 'V '�h����� � 11111
Cc: PL (TP/1-OJ/DA1 APPL
a9 /22/23
2023-2474
PL0529
PARTIAL VACATION OF SECOND MINOR AMENDED USE BY SPECIAL REVIEW PERMIT,
2MUSR18-84-602 - SHARP TRUST, C/O DONOVAN SHARP
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of August, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
.E.� ►11.1 +:k'io:4.4
Weld County Clerk to the Board
BY: thli
• ��'
Deputy Clerk to the Board
APP: • ED AS
my Attorney
Date of signature:
4920163 Pages: 2 of 2
09/12/2023 10:44 AM R Fee:$0.00
Carly Koppel, Clark and Recorder, Weld County CO
VIII I ��AKr ����4i 'If ��G A1'AIL+�rF� �LY�k 11111
Mik- man, Chair
erry L. Bu.i , Pro-Tem
Sco#'t'K. James
aine
2023-2474
PL0529
MEMORANDUM
To: Board of County Commissioners
From: Diana Aungst, Planner III
Subject: Partial Vacation of 2MUSR18-84-602 — Oil and Gas
Support and Service and a second dwelling
Date: August 23, 2023
The Department of Planning Services received a request, dated July 7, 2023, to partially vacate
2MUSR18-84-602. A Lot Line Amendment (LLA23-0009) was approved for this site and the
property owner is requesting to exclude Lot B from the Use by Special Review.
The LLA23-0009 Staff Report Condition of Approval #1.A., states, "Use by Special Review
Permit 2MUSR18-84-602, reception #4465257, for an oil and gas services construction yard
and a second dwelling in the A (Agricultural) Zone District is located on Lot A and a portion of
Lot B of LLA23-0009. The applicant shall address the continued operation of 2MUSR18-84-602
and which lot it is to be associated with. If the applicant wants to remove any or all of the lots, a
partial or complete USR vacation request letter and map shall be submitted to the Department
of Planning Services. A vacation or partial vacation hearing shall be held before the Board of
County Commissioners prior to recording the Lot Line Adjustment plat."
The partial vacation of this MUSR will meet the requirements of this Condition of Approval and
place the USR on Lot A of LLA23-0009.
The Department of Planning Services is recommending approval of this partial vacation.
Background information:
Legal Description: Lot A of Lot Line Adjustment LLA23-0009; being part of the NE4 of
Section 34, T5N, R65W of the 6th P.M., Weld County, CO
Location: South of and adjacent to CR 52 and west of and adjacent to CR 45.
August 28, 2018: 2MUSR18-84-602 was recorded with the Weld County Clerk and
Recorder on February 6, 2019. The MUSR was approved for: Second
Minor Amendment to a Site Specific Development Plan and Use by
Special Review Permit (USR 602) for an oil and gas services construction
yard, a second single family residence, a powder shop, and a shop to
change the hours of operation to 24/7, increase the number of employees
to 30, and amend the USR boundary in the A (Agricultural) Zone District,
subject to the Development Standards stated hereon.
2023-2474
3/23 pL 0521
July 7t', 2023
RE: 2MUSR18-84-602
LLA 23-0009
I request that 2MUSRl8-84-602 be removed from Lot B of LLA23-0009.
Donovan J. Sharp, TTEE
Sharp Trust
21588 County Road 52
Greeley, CO 80631
970-396-8030
djsharp357@gmail.com
dsharp@sharpservicesinc.com
WELD COUNTY
BOARD OF COUNTY COMMISSIONERS
August 23, 2023
PARTIAL VACATION OF 2 M U S R 18-84-602
2MUSRI8 84 602
APPLICANT: DONOVAN SHARP
PLANNER: DIANA AUNGST
REQUEST:
PARTIAL VACATION OF 2MUSR18-84-602
LEGAL DESCRIPTION:
Lot A of Lot Line Adjustment LLA23-0009; being part of the NE4 of Section 34, T5N,
R65W of the 6th P.M., Weld County, CO.
LOCATION:
South of and adjacent to CR 52 and west of and adjacent to CR 45
WELD COUNTY, CO
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VICINITY MAP
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PARTIAL VACATION OF 2MUSR18-84-602
LOT A, LLA23-0009, BEING PART OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 5 NORTH,
RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN,
j' COUNTY OF WELD, STATE OF COLORADO
WC H SC
SURVEYOR'S NOTES:
HIS USR AMENJM_N I WAS PREPARED WITH THE BENEFIT OF FIRST AMERICAN
TITLE COMMITMENT FILE AO. 5509-4041810 DATED FEBRUARY 22 2023 AND
DOES NOT CONSTITUTE A TITLE SEARCH BY THOMAS LAND SURVEYING LAC. TO
DETERMINE EASEMENTS OR TITLE OF RECORD. THOMAS LAND SURVEYING LLC
RELIED ON SAID COMMITMENT EXCLUSIVELY FOR AU. EASEMENTS AND
RIGHTS -OF -WAY. THIS USR AMENDMENT DOES NOT PURPORT TO REFLECT ANY
Of THE FOLLOWING WHICH MAY 6E APPLICABLE TO THE SUBJECT REAL
ESTATE BUILDING SETBACK LINES RESTRICTIVE COVENANTS SUBDIVISION
RESTRICTIONS. ZONING OR OTHER LAND -USE REGULATIONS AND ANY OTHER
FACTS THAT SAID TITLE COMMITMENT MAY DISCLOSE
2 ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION
BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE 'YEARS AFTER YOU
FIRST DISCOVER SUCH DEFECT. N NO :VENT MAY ANY ACTION BASED UPON
ANY DEFECT IN TrlbSURVEY BE COMMENCED MORE THAN TEN YEARS FROM
THE DATE OF THE CERTIFICATION SHOWN HEREON.
3. THIS SURVEY IS VAUD ONLY IF PRINT HAS ORIGINAL SEAL AND SIGN/CURE OF
SURVEYOR
4. ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY RUBLE
LAND SURVEY MONUMENT MOOR 80JNDARY MONUMENT OR ACCESSORY,
COMMITS A CLASS -WO (2) MISDEMEANOR PURSUANT TO STATE STATUTE
C.RS. SEC 18-A-504 WHOEVER WILLFULLY DESTROYS DEFACES CHANGES
OR REMOVES TO ANOTHER PLACE ANY SECTION CORNER QUARTER CORNER
OR MEANDER POST. ON ANY GOVERNMENT LJNE OF SURVEY OR WILLFULLY
CUTS DOWN ANY WITNESS TREE OR ANY TREE BLAZED TO MARK THE LINE OF
A BENCH MARK OF ANY GONE RNMENT SURVEY, SHALL BE FINED UNDER THIS
TITLE OR IMPRISONED NOT MORE THAN SIX MONTHS. OR BOTH. 18 US.C.
115812009)
5. THE DISTANCE MEASUREMENTS SHOWN HEREON ARE US. SURVEY FOOT.
EASEMENT AND RIGHTS -OF -WAY NOTES:
(PROVIDED BY FIRST AMERICAN TITLE COMMTMENT FILE NO. 5501-4041810.
DATED FEBRUARY 20 2023 AND RELIED UPON EXCLUSIVELY. BY THOMAS
LANDSURVEVING, LLC FOR ALL EASEMENTS AND RIGHTS-OF•WAYOF RECORD)
I. AN OIL AND GAS LEASE WAS GRANTED TO BASIN EXPLORATION INC AND
WAS RECORDED MARCH 2 1982 AT RECEPTION NO 1284517. SAID LEASE
WAS GRANTED FOR THE EXCLUSIVE RIGHT Of MINING AND OPERATING FOR
OIL AND GAS LAYING PIPE LINES AND BUILDING TANKS POWER STATIONS
AND STRUCTURES THEREON TO PRDOUCE SAVE AND TAKE CARE OF SAID
PRODUCTS. SAID LEASE ENCUMBERS ALL OF THE SUBJECT PARCEL AND IS
BLANKET IN NATURE. UNDERGROUND FACILITIES MAY EXIST THOMAS LAND
SURVEYING LLC DOES NOT GUARANTEE OR WARRANT THAT SAID LEASE IS
STILL IN EFFECT OR HAS VDT SEEN TRANSFERRED OR ASSIGNED TO
ANOTHER OPERATOR - NOT PLOTTED.
200 0 270
1 INCH .200 FEET
BASIS OF BEARING
THE NORTH LPG OF THE NORTHEAST CHARTER OF SECTION 34
TOWNSHIP 5 NORTH RANGE 65 WEST OF TrE 6TH P,M. IS
ASSUMED TO SEAR SOUTH 29`5915- EAST AND IS MONUMENTED
AS INDICATED
PREPARED BY THOMAS LAID SURVEYING LLC
2619 WEST 11TH STREET ROAD SUITE 24
GRKEELEY COLORADO 12634
TELEPHONE 19701304.0944
400
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TIM SHARP
2MUSR18-84.602
1 SECOND MNORAMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT LUSH 602) TO
AN
OIL AND GAS SERVICES CONSTRUCTION YARD. A SECOND SINGLE FAMILY RESIDENCE. A POWDER SHOP AND A SHOP TO CWANGI
THE HOURS OF OPERATION TO 247 AND AMEND THE USR BOUNDARY IN THE A ;AG RCUL TUMLI ZONE OW PEI SUBJECT 10
THE DEVELOPMENT STANDARDS STATED HEREON
2. APPROVAL OF 1 HIS PLAN WAY CREATE A VESTED PROPERTY RIGHT PURSUANT TO SECTION 23410 Of THE WELD COUNTY CODE
3. THE ICJ RS OF OPERATION SHALL BE 24 HOURS A DAY' 7 DAYS A WEEK.
4. THE NUMBER OF EMP_OYEES SHALL BE FIFTEEN L15) EMPLOYEES,
5 ALL SIGNS SHALL ADHERE TO CHAPTER 23 ARTICLE IV. DIVISION 2 AND APPENDICES 23-C 23 D AND 23-E OF THE WELD COUNTY
CODE
6. THE EXISTING PARKING AREA ONT HE SITE SHALL BE MAINTAINED.
7. THE LANDSCAPINGISCREENNG ON THE SITE SHALL BE MAINTAINED.
6. THE PROPERTY OWNER SHALL CONTROL NOXIOUS WEEDS ON THE SITE.
9. THE ACCESS ONT EH SRE SHALL BE MAINTAINED TO MITIGATE ANY IMPACTS TO THE PUBLIC ROAD INCLUDING DAMAGES ARDOROFF.SITE TRACKING.
10. THERE SHALL BE. NO PAINING OR STAGING OF VErICLES ON PUBLIC ROADS.ONSITE PARKING SHALL BE UTILIZED.
11. ANY WORK THAT MAY OCCUPY ANO OR. ENCROACH UPON ANY COUNTY RIGHTS-0F.WAY OR EASEMENT SHALL ACQUIRE AN
APPROVED WGHI.OF.WAY USE PERWT PRIOR TO COMMENCEMENT.
12 THE ROPE RTY OWNE R SHALL COMP( Y WITH ALL FEDUIREMENTS PROVIDED IN THE EXECUTED IMPROVEMENTS AGREEMENT
13 THE IMPROVEMENTS AGREEMENT FOR THIS SITE SHALL BE REVIEWED ON AN ANNUAL BASIS INCLUDING POSSIBLE UPDATES.
14 THE HISTORICAL FLOW PATTERNS AND RACE AMOUNTS ON THE SITE SHALL BE MAINTAINED.
15. WELD COUNTY IS NOT RESPONSIBLE FOR THE MAINTENANCE OF ONSITE DRAINAGE RELATED FEATURES.
16. ALL LIQUID AND SOLID WATES (AS DEFINED Al THE SOLID WASTES DISPOSAL SITES AND FACILITIES ACT 30 20 100.5 C.R.S.)
SHALL BE STORED ANO REMOVED FOR FINAL DISPOSAL IN A MANNER THAT PROTECTS AGAINST SURFACE AND GROUNDWATER
CONTAMINATION.
17. NO PERMANENT DISPOSAL OF WASTES SHALL BE PERMITTED ON THIS SITE. THE IS NOT MEANT TO INCLUDE THOSE WASTES
SPECIFICALLY EXCLUDED FROM THE DEFINITION OF A SOLID WASTE N THE SOLID WASTES DISPOSAL SITES AND FACILITIES ACT
3020100.5 C.FLS.
It WASTE MATERIALS SHALL BE HANDLED STORED AND DISPOSED NA MANNER THAT CONTROLS FUGITIVE 0141 FUGITIVE
PARTICULATE EMISSIONS SLOWING DEBRIS AND OTHER POTENTIAL NUISANCE CONDITIONS. THE FACILITY SHALL OPERATE IN
ACCORDANCE WITH CHAPTER 14 ARTICLE I OF THE WELD COUNTY CODE. THE APPLICANT SHALL OPERATE NACCORDANCE
WITH THE APPROVED WASTE HANDLING PLAN' AT ALL TIES.
19. FUGITIVE DUST AND FUGITIVE PARTICULATE EMISSIONS SHALL BE CONTROLLED ON THIS SITE. THE FACILITY SHALL BE
OPERATED N ACCORDANCE WITH THE APPROVED 'BUS' ABATEMENT PUN' AT ALL TIMES. USES ON THE PROPERTY SHOULD
COMPLY WITH THE COLORADO AIROUALITY COMMISSIONS AIR QUALITY REGULATIONo,.
20. THE APPLICANT SHALL SUBMIT AN AIR POLLUTION EMISSION NOTICE (AP.E- N, AND EMISSIONS PERMIT APPLICATION AND
OBTAIN A PERMIT FROM THE AIR POLLUTION CONTROL DIVISION. COLORADO DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT AS APPLICABLE.
it. ADEQUATE DRINKING, HAND WASHING, AND TOILET FACILITIES SHALL BE PROVIDED FOR EMPLOYEES AND PATRONS OF THE
FACBJTV AT AU. TIMES. ANY SEPTIC SYSTEM LOCATED ON THE PROPERTY MUST COMPLY WITH ALL PROVISIONS OF THE WELD
COUNTY CODE PERTAINING R3 ONSITE WASTE WATER TREATMENT SYSTEMS.
22. ANY LAHGE-CAPACITY SEPTIC SYSTEM A SEPTIC SYSTEM WITH THE CAPACITY TO SERVE 20 OR MORE PERSONS PER DAY) SHALL
COMPLY WITH THE UNDERGROUND INJECTION CONTROL WIC) CLASS V INJECTION WELL REQUIREMENTS OF THE
ENVIRONMENTAL PROTEC TON AGENCY :EPA).
23. POLICY 6 OF THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT WATER QUALITY CONTROL DIVISIONS
IWOCDI REGULATIONS SHALL BE ADHERED TO FOR MUL TPL E SEPTIC SYSTEMS ON A SINGLE PARCEL.
24 A PERMANENT ADEQUATE WATER SUPPLY SMALL BE PROVIDED FOR DRINKING MD SANITARY PURPOSES THE EXISTING WELL
(PERMIT 299063) CANNOT BE USED FOR "HE BUSINESS UNLESS IT IS PEPEMMMTTED TO ALLOW COMMERCIAL USE.
25. FOR EMPLOYEES OR CONTRACTORS ON SITE FOR LESS THAN 2 CONSECUTIVE HOURS A DAY, AND 2 OR LESS FULL-TIME
EMPLOYEES ON SITE PORTABLE TOILETS AND BOTTLED WATER ARE ACCEPTABLE. RECORDS OF MAIN TENANCE AND PROPER
DISPOSAL FOR PORTABLE TOILETS SHALL BE RETAINED ON A QUARTERLY BASIS AND AVAILABLE FOR REVIEW BY TrE WELD
COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT PORTABLE "OILETS SHALL BE SERVICED BY A CLEANER
LICENSED IN WELD COUNTY AND SHALL CONTAIN rANO SANITIZE RS.
26. THIS FACILITY SHALL ADHERE TO THE MAXIMUM PERMISSIBLE NOISE LEVELS ALLOWED IN THE RESIDENTIAL ZONE AS
DELINEATED IN 25-•2-103 C,R$.
27. ALL POTENTIALLY HAZARDOUS CHEMICALS MUST BE HANDLED IN A SAFE MANNER IN ACCORDANCE WITH PRODUCT LABELING
AND NA MANNER TrAT MNMMZES THE RELEASE OF HAZARDOUS AIR POLLUTANTS (NAPS) MID VOLATILE ORGANIC COMPOUNDS
(VOCS) ALL CHEMICALS MUST BE STORED SECURE. ON AN IMPERVIOUS SURFACE AND IN ACCORDANCE WITH MANUFACTURES
RECOMMENOATONS.
28 SECONDARY CONTAINMENT SHALL 3E CONSTRUCTED AROUND MINKS TO PROVIDE CONTAINMENT FOR THE IAR3EST SINGLE
TANK AND SUFFICIENT FREEBOARD TO CONTAIN PRECIPITATION, SECONDARY CONTAINMENT SHALL BE SUFFICIENTLY
IMPERVIOUS TO CONTAIN ANY SPIELED OR RELEASED MATERIAL. SECONDARY CONTAINMENT DEVICES SHALL BE INSPECTED AT
REGULAR INTERVALS AND MAINTAINED IN G000 CONDIT ION. ALL SECONDARY CONTAINMENT WILL COMPLY WITH THE
PROVISIONS OF THE STATE UNDERGROUND AND ABOVE GROUND STORAGE TANK REGULATIONS.
29. A SPILL PREVENTION CONT ROL AND COUNTERMEASURE PLAN, PREPARED N ACCORDANCE WITH THE APPLICABLE PROVISIONS
OF 40 CFR PART +12 SHALL BE AVAILABLE ON SITE OR AS APPLCABLE.
30. ANY VEHICLE OR EQUIPMENT WASHING SHALL ADHERE TO -LOW =ASK DISCHARGE GUIDANCE DISCHARGES FROM SURFACE
COSMETIC POWER WASHING OPERATIONS TO LAND JULY 2010' AS SPEWED 8Y THE STATE
.11. THE APPLICANT SHALL OBTANA COLORADO DISCHARGE PERMIT SYSTEM OR COPS PERMIT FROM THE COLORADO DEPARTMENT
OF HEALTH AND ENVIRONMENT (CDPHE) WATER QUA_ITY COOT COL DIVISION AS APPLCABLE.
32. PROCESS WASTEWATER SUCH AS FLOOR DRAIN WASTES) SHALL BE CAPTURED N A WATERTIGHT VAULT AND HAULED OFF FOR
PROPER DISPOSAL. RECORDS OF INSTALLATION, MAINTENANCE, AND PROPER DISPOSAL SHALL BE RETAINED.
33. it* OPERATION SHALL COMPLY WITH ALL APPLICABLE RULES AND REGULATIONS OF STATE AND FEDERAL AGENCIES AND THE
WELD COUNTY CODE.
34 SOURCES OF LIGHT SHALL BE SHIELDED SO THAT UGH- RAYS WILL NOT SHINE DIRECTLY ONTO ADJACENT PROPERTIES IN
ACCORDANCE WITH THE PLAN. NEITHER THE DIRECT, NOR REFLECTED LIGHT FROM ANY LIGHT SOURCE MAY CREATE A TMFFC
HAZARD 10 OPERATORS OF MOTOR VEHICLES ON PUBLIC OR PRIVATE STREETS. NO COLORED LIGHTS MAY BE USED WHICH
MAY BE CONFUSED WITH OR CONSTRUED AS TRAFFIC CONTROL DEVCES.
35 BUILDING PERMIT MAY BE REQUIRED PER SECTim 29-3.10OF THE WELD COUNTY CODE. CURRENTLY THE FOLLOWING HAS
BEEN ADOPTED BY WELD COUNTY. 2312 INTERNATIONAL CODE. 2006 INTERNATIONAL ENERGY CODE. 2017 NATIONAL ELECTRIG
CADE A BUILDING PEI AT AP"'LCATION MUST BE COMPLETED AND TWO COMPLETE SETS OF ENGINEERED PLANS SEARING THE
WET STAMP OF A COLORADO REGISTERED ARCHITECT ORENGINEER MUST BE SUBMITTED FOR REVIEW A GEOTECHNICAL
ENGINEERING REPORT PERFORMED BY A REGISTERED STATE OF COLORADO ENGINEER SHALL BE REQUIRED OR AN OPEN HOLE
INSPECTON.
16. THE a ROPE MY OWNER OR OPERATOR SHALL BE RESPONSIBLE FORCOMPLYING WITH THE DESIGN AND OPERATION
STANDARDS OF CHAPTER 23 OF THE WELD COUNTY CODE.
37 NECESSARY PERSONNEL FROM THE WELD COUNTY DEPARTMENTS OF PLANNING SERVICES, PUBLIC WORKS AND PUBLIC
HEALTH AND ENVIRONMENT SHALL BE GRANTED ACCESS ONTO THE PROPERTY AT ANY REASONABLE TIME IN ORDER 10
ENSURE THE ACTIVITIES CARRIED OUT ON THE PROPERTY COMPLY WITH THE CONDITIONS OF APPROVAL AND DEVELOPMENT
STANDARDS STATED HE REIN AND ALL APPLICABLE WELD COUNTY REGULATIONS.
A. THE USE BY SPECIAL REVIEW AREA SHALL BE LIMITED TO THE PLANS SHOWN HEREON AND GONE TINED BY THE FOREGOING
STANDARDS AND ALL APPLICABLE WELD COUNTY REGULATIONS SUBSTANTIAL CHANGES FROM THE PLAN OR DEVELOPMENT
STANDARDS AS SHOWN OR STATED. SHALL REQUIRE THE APPROVAL OF M AMENDMENT OF THE PER IT BY THE WELD COUNTY
BOARD OF COUNTY COMMISSIONERS BEFORE SUCH CHANGES ROM THE PLANS OR DEVELOPMENT STANDARDS ARE
PERMITTED. ANY OTHER CHANGES SHALL BE FILED IN THE OFFICE OF THE DEPARTMENT OF PLANNING SERVICES,
.19. THE PROPERTY OWNER OR OPERATOR SHALL BE RESPONSIBLE FOR COMPLYING WITH ALL 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.
40. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT WELD COUNTY HAS SOME OF THE MOST ABUNDANT MINERAL
RESOURCES INCLUDING . BUT NOT LIMITED TO SAND AND GRAVEL OIL NATURAL GAS AND COAL. UNDER TITLE 34 OF THE
COLORADO REVISED STATUTES MINERALS ARE VITAL RESOURCES BECAUSE (A) THE STATES COMMERCIAL MINERAL
DEPOSITS ARE ESSENTIAL TO TrE STATES ECONOMY; (81 THE POPULOUS COUNTIES OF THE STATE FACE A CRITICAL
SHORTAGE OF SUCH DEPOSITS AND ;C) SUCH DEPOSITS SHOULD SE EXTRACTED ACCORDING TO A RATIONAL PLAN
CALCULATED TO AVOID WAS -E OF SUCH DEPOSITS AND CAUSE THE LEAST PRACTICABLE DISRUPTION OF THE ECOLOGY AND
QUALITY OF LIFE OF THE CITIZENS OF THE POPULOUS COUNTIES OF THE STATE.
MINERAL RESOURCE LOCATIONS ARE WIDESPREAD THROUGHOUT THE COUNTY AND PERSON MOVING INTO THESE AREAS
MUST RECOGNIZE THE VARIOUS IMPACTS ASSOCIATED WITH THIS DEVELOPMENT. OFTEN TII/ES MINERAL RESOURCE SITES
ARE FIXED TO THEIR GEOGRAPHICAL MD GEOPHYSICAL LOCATIONS, MOREOVER THESE RESOURCES ARE PROTECTED
PROPERTY RIGHTS AND MINERAL OWNERS SEWED BE AFFORDED THE OPPORTUNITY TO EXTRACT THE MINERAL RESOURCE.
41. WELD COUNTY'S RIGHT TO FARM STATEMENT WELD COUNTY IS ONE OF THE MOST PRODUCTIVE AGRICULTURAL COUNTIES
IN THE UNITED STATES TYPICALLY RANKING IN THE TOP TEN COUNTIES IN THE COUNT RY 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 AGRICUL TORE PERSONS MOVING INTO A RURAL AREA MUST RECOGNIZE AND ACCEPT THERE ARE
DRAWBACKS INCLUDING CONFLICTS WITH LONGS•TANOING AGRCUL TURAL PRACTICES ANO A LOWER LEVEL OF SERVICES
THAN TN TOWN. A_ONG WITH THE DRAWBACKS COME THE INCENTIVES WHICH ATTRACT URBAN DWELLERS TO RIELOCA'E
TO RURAL AREAS 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 SE 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 SLAW -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 HUNTING AND TRAPPING ACTIVITIES
SHOOTING SPORTS, LEGAL HAZING OF NUISANCE WILDLIFE, AID THE USE OF PESTICIDES AND FERTILIZERS IN THE FIELDS
INCLUDING THE USE OF AERIAL SPRAYING IT IS COMMON PRACTICE FOR AGRICULTURAL PRODUCERS TO UTILIZE AN
ACCUMULATION OF AGRICULTURAL MACHINERY AND SUPPLIES TO ASSIST IN TrEIRAGRCULTUML OPERATWNS. A
CONCENTRATION OF MISCELLANEOUS AGRICULTURAL MATERIALS OFTEN PRODUCES A VISUAL DISPARITY BETWEEN RURAL
AND URBAN AREAS OF THE COUNTY. SECTION 15-3.5•'02 CAS., PROVIDES THAT AN AGRICULTURAL OPERATION SHALL NOT BE
FOUND TO BE A PUBLIC OR PIANA-E NUISANCE IF THE AGRICULTURAL OPERATION ALLEGED 10 BE A NUISANCE EMPLOYS
METHODS OR PRACTICES THAT ARE COMMONLY OR REASONABLY ASSOCIATED WITH AGRICULTURAL PRODUCTION.
WATER MS BEEN ANC CONTINUES TO BE THE LIFELINE FOR THE AGRICULTURAL COMMUNITY. IT IS UNREALISTIC TO ASSUME
THAT DITCHES AND RESERVOIRS MAY SIMPLY BE MOVED 'OUT OF THE WAY' OF RESIDENTIAL DEVELOPMENT. WHEN MOVING
TO THE COUNTY. PROPERTY OWNERS AND RESIDENTS MUST REALIZE THEY CANNOT TAKE WATER FROM IRRIGATION DITCHES,
LAKES. OR OTHER STRUCTURES UHAESS THEY HAVE ANADJUDICATED RIGHT TO THE WATER.
WELD COUNTY COVERS A LAND AREA OF FOUR THOUSAND (4 000) SQUARE MILES IN SIZE (TWICE TrE SIZE OF THE STATE
OF DELAWARE)THA
N MORE THREE THOUSAND SEVEN HUNDRED '3 7001 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 Tit COUNTY ANO 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 WLL NOT PROVIDE THE SAME KIND OF
SURFACE EXPECTED FROM A PAVED ROAD. SVOW REMOVAL PRIORITIES MEAN THAT ROADS FROM SUBDNISONS TO ARTERIALS
MAY NOT BE CLEARED FOR SEVERAL DAYS AFTER A MAJOR SNOWSTORM SERVICES N RURAL AREAS, IN MANY CASES WILL
NOT BE EQUIVALENT TO MUNICIPAL SERVICES RURAL DWELLERS MUST BY NECESSITY BE MORE SELF-SUFFICIENT THAN
URBAN DWELLERS.
PEOPLE ARE EXPOSED "D DUFFRENT HAZARDS IN THE COUNTY THAN IN AY 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, AND OPEN BURNING PRESENT
REAL THREATS CONTROLLING CHILDPENS AG TIRES IS IMPORTANT NOT ONLY FOR THEIR SAFETY, BUT ALSO FOR THE
PROTECTION OF THE FARMERS LIVELIHOOD.
LEGAL DESCRIPTION - PROVIDED
LOT A. 1LA23.0009. BEINGA PART OF THE NORTHEAST QUARTEROF SECTION 34 TOWNSHIP
NORTH RANGE 65 WEST OF THE 6TH PM, COUNTY OF WELD STATE Of COLORADO.
THE PARCEL OF LAND DESCRIBED ABOVE CONTAINS 4.17 ACRES I/ORE OR LESS MO IS
SUBJECT TO EASEMENTS AND RIG-ITS-0F.WAv OF RECORD.
PROPERTY OWNER'S CERTIFICATE
THE UNDERSKONED PROPERTY OWNERS DO HEREBY AGREE TO THE SITE SPECIFIC DEVELOPEMENT
PLAN AND USE BY SPECIAL REVIEW DEVELOPMENT STANDARDS AS DESCRIBED HEREON
THIS DAY Of 2023
SHARP TRUST
BY DONOVAN J. SHARD
CERTIFICATE OF APPROVAL BY THE BOARD OF
COUNTY COMMISSIONERS:
HIS PLAT I5 APP HOVER BY THE BOA RD OF COUNTY COMMISSIGVE RS OF WELD COUNTY STATE OF
COLORADO. APPROVAL OF THIS PLAT DOES NOT CONSTITUTE ACCEPTANCE OF TrE ROADS AND
RIGHTS -0F -WAY FOR MAINTENANCE BY WELD COUNTY. THE CONSTRUCTION. MAINTENANCE, SNOW
REMOVAL AND ALL OTHER MATTERS PERTAINING TO OR AFFECTING THE ROADS AND RIGHTS -OF -WAY
ARE THE SOLE RESPONSIBILITY OF THE LAND OWNE RS WITHIN THE MINOR SUBDIVISION.
WITNESS MY HAND AND THE CORPORATE SEAL OF WELD COUNTY THIS DAY OF
A.D. 2023.
EHWA
STATE OF COLORADO)
I SS.
COUNTY OF WELD )
THE FOREGOING CERTIFK ATIN WAS ACKNOWLEDGED BEFORE ME THIS DAN
OF A.D. 2023.
MY COMMISSION EXPIRES
NOTARY PUBLIC
WITNESS MY HAND ANO SEAL
SURVEYOR'S CERTIFICATE:
I HL1dtR. D. I HOMAS, A PROF E$SKONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO
HERESY CERTIFY THAT Trl$ USR MINOR AMENDMENT WAS PREPARED BY ME OR UNDER
MY PERSONAL SUPERVISION MD THAT THIS PLAT IS AN ACCURATE REPRESENTATION
'HEREOF BASED UPON MY KNOWLEDGE INFORMATION AND BELIEF. I FURTHER CERTIFY
'HAT THE USR MINOR AMENDMENT COMPLY WITH ALL APPLICABLE RULES REGULATIONS
AND LAWS OF THE STATE OF COLORADO STATE BOARD OF REGISTRATION FOR
PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS AND WELD COUNTY
AND IS NOT A GUARANTEE OR WARRANTY EITHER EXPRESS OR PAR ED,
kitinr
COLORADO PROFESSIONAL LAND SURVEYOR *3835)
FOR MOON BEHALF OF THOMAS LAND SURVEYING. LLC
DATE
PAGE 1 OF 3
PROJECT, 2305.016
DRAWING SHARP
2MUSR18.84402
PARTIAL VACATION
PARTIAL VACATION OF 2MUSR18-84-602
LOT A, LLA23-0009, BEING PART OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 5 NORTH,
RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF WELD, STATE OF COLORADO
VICINITY MAP
N34. MN WSW
W.C.R, 52
WCR SO
• 1414' ',0001 EET
SURVEYOR'S NOTES:
i its 'asp R AKENDMEA" WAN PREPARED WITH THE BENEFIT OF FIRST AMERICAN
TITLE COMWTMENT FILE N0. S5094041010 DATED FEBRUARY 21 2023 AND
DOES NOT CONSTITUTE A TITLE SEARCH BY THOMAS LAND SURVEYING LLC. TO
DETERMNE EASEMENTS OR TITLE 0; RECORD. THOMAS LAND SURVEYING LLC
RELIED ON SAID COMMITMENT EXCLUSIVELY. FOR AU EASEMENTS AND
RIGHTS -OF -WAY THIS USA AMENDMENT DOES NOT PURPORT TO REFLECT ANY
OF THE FOLLOWING WHICH MAY BE APPLICABLE TO THE SUBJECT REAL
ESTATE BUILDING SE -BACK LINES RESTRICTIVE COVENANTS. SUBDIVISION
RESTRICTIONS ZONING OR OTHER LAND -USE REGULATIONS AND MY OTHER
FACTS THAT SAID TITLE COMWTMEM MAY DSCLOSE.
2 ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL AC"tON
BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU
FIRST DbCOVER SUCH DEcECT.IN NO EVENI MAY ANY ACTION BASED UPON
ANY DEFECT IN THIS SURVEY BE COMMENCED MORE TrAN TEN YEARS FROM
THE DATE OF THE CERTIFICATION SHOWN HEREON.
3. THIS SURVEY IS VALID ONLY IF PRINT HAS ORIGINAL SEAL AND SIGNATURE OF
SURVEYOR
t. ANY PERSON WHO KNCWNGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC
LAND SURVEY MONUMENT ANWVR BOUNDARY MONUMENT OR ACCESSORY,
COMMITS A CLASS TWO (Z) MISDEMEANOR PURSUANT TO STATE STATUTE
G.M. SEC 164-506 WHOEVER WILLFULLY DESTROYS DEFACES CHANGES.
OR REMOVES TO ANOTHER PLACE ANY SECTIOT. CORNER QUARTER CORNER
OR MEANDER POST ON ANY GOVERNMENT LINE OF SURVEY OR WILLFULLY
CUTS 00Ve ANY WITNESS TREE OR ANY TREE BLAZED TO MARK THE LNE O=
A BENCH MARK OF ANY GOVERNMENT SURVEY. SHALL BE FINED UNDER T145
TITLE OR IMPRISONED NOT MORE THAN SIX MONTHS. OR BOTH. 16 US.C.
1956(2009).
5. THE DISTANCE MEASUREMENTS SHOWN HEREON ARE US. SURVEY FOOT.
EASEMENT AND RIGHTS -OF -WAY NOTES:
IPROVDED BY FIRST AMERICAN TITLE COMMITMENT FILE LW. 5509-40at610.
DATED FEBRUARY 2.2023 AND RELED UPON EXCLUSIVELY. BY THOMAS
LAND SURVEYING, at FOR ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORO►
1. AN OIL AND GAS LEASE WAS GRANTED TO BASIN EXPLORATION INC AND
WAS RECORDED MARCH 2. 1912 AT RECEPTION NO. 1114511. SAID LEASE
WAS GRANTED FOR THE EXCLUSIVE RIGHT OF MINING AND OPERATING FOR
OIL AND GAS LAYING PIPE LINES. AND BUILDING TANKS POWER STATIONS
AND STRUCTURES THEREON TO PRODUCE SAVE AND TAKE CARE OF SAID
PRODUCTS SAID LEASE ENCUMBERS ALL OF THE SUBJECT PARCEL AND IS
BLANKET IN NATURE. UNDERGROUND FACILITIES MAY EXIST THOMAS LAND
SURVEYING LLC DOES NOT GUARANTEE OR WARRANT THAT SAID LEASE IS
STILL IN EFFECT DR HAS NOT BEEN TRANSFERRED OR ASSRONED TO
ANOTHER OPERATOR - NOT PLOTTED.
PREPARED BY THOMAS LAND SURVEYING LLC
2679 WEST 11TH STREET ROAD SUITE 24
GREELEY COLORADO 117634
TELEPHONE. (970) 3010914
60 0 60
1 INCH - 200 FEET
120
drip` RIBVT-OF WAY RFC NO '1,39 07007/11671
WELD COUNTY ROAD $2
S scr01'4S
T0.3I
a
S
N o
V4
4
Sbi'59:] 1: "'ea' 20
f
147*
L5llli
*CIA
SW ONG
VI
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N
LEGEND
ALIQUOT COINER
(AS DESCRBEDI
O CALCULATED POSITION
SUBJECT BOUNDARY
— RIGHT-OFMAY
VOUNTY ROAD
In T RAVELED)
SURVEYOR'S CERTIFICATE:
I ROBERT D. THOMAS. A PROFESSIONAL LAND SURVEYOR IN THE STA-E OF COLORADO, DO
HERESY CE RTF Y THAT TrS USTI MINOR AMENDMENT WAS PREPARED BY ME. OR UNDER
MY PERSONAL SUPERVISOR MD THAT THIS PLAT IS AN ACCURATE REPRESENTATION
"HEREOF BASED UPON MV KNOWLEDGE INFORMATION AND BELEF.1 FURTHER CERTIFY
'HILT THE USR WAOR AMENDMENT COMPLY WTH ALL APPLICABLE RAES RE0LAATONS
AND LAWS OF THE STATE OF COLORADO STATE BOARD OF REGISTRA-ON FOR
PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS AND WELD COLNTY
AND is NOT A GUARANTEE ON WARRANTY EITHER EXPRESS OR IMPLIED.
TOWITTICiar
COLOMBO PROFESSIONAL LAND SURVEYOR a3LI357
FOR MD ON BEHALF OF THOMAS LAND SURVEYING, LLC
PAGE 2 OF 3
PRIOJEC T: 2303.010
DRAWING SHARP
2MUSRIB-5t602
PARTIAL VACATION
WCR 50
1NCH - 1000 FEET
L -00t
VICINITY MAP
WCR 52
VICINITY MAP
534 TSN R65W
WCR. 52
PARTIAL VACATION OF 2MUSR 18-84-602
LOT A, LLA23-0009, BEING PART OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 5 NORTH,
RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF WELD, STATE OF COLORADO
SUBJECT PROPERTY
BEFORE VACATION
SUBJECT PROPERTY
AFTER VACATION
0
0
34
W p1J
46644
L
MICR 50
.x
INCH - 200 FEET
BASIS OF BEARING
IHE NORTH LINE OF THE NORTHEAST OUARTE.R0; SECTION 34
TOWNSHIP 5 NORTH RANGE 65 WEST OF TrE 6TH P.M. IS
ASSUMED TO SEAR SOUTH ET1'5V4S' EAST AND S MOMJMENTEO
AS INDICATED.
PREPARED BY T OMAS IJWO SURVEYING LLC
2611 WEST I 1 TH stfEET ROAD SUITE N
EFEELPHDNE 1970) 314-0114
400
n
n
N3'
NORTH QUARTER CORNER
SECTION 34 TOWNSs. S SORT..
RIME 65 WEST OF THE 6TH PJM.
FOUND 41 REBAR WITH 5 IN'
Masai CAP STAMPED AS
PA B WOWED 0.F BELOW ROAD
4
60 FLIGHT -Of -WAY REC. NO. 1 I DDB 01'0):10131
J
LOT A
�UAri-00oP
4•, b )SEE SHEET 2
FOR DETAIL)
&
NWire E
LOWER IATHAM SEEPAGE DITCH
6r DITCH PIGHT4F-WAY •
33' EACH JOE OF CE2MTERUBEI set
'
Deft PLAT OF GURNEY P 4
RAEC.%O saw II '4111
2
CENTERIJNE
Dorm '--;4;1„,.
//.
/ /
,
CENTER QUARTER CORNER
34 TOWNSHIP 5 NORTH
RANGE 65 WEST OF NE 6TH PAM
FOUND I6 REBAR WITH 3 1'4'
AUMIWMCAP STAMPED AS
ifsEcrioN
FVOICATEO 0.1 BELOWGROLJAD
UVESTOCK
yE SHADE
BASIS OF BEA
Sili'SP4S' E 1ttt ..
rev
II,
IS
30 JOINT ACCESS & )UTILITY
EASEJIEA' FOR BENEFIT OF
tors MS OF tAMPECX14-14-020
EEt. ND. 4454917 1216?L`Ie
PORTION VACATED FROM
2MUSR 18.84.602
•
LOT
LLA23-0009
NORTHE'AS I OUNR TER
SECTION Jw, TOFMRSMP 5 NORTH.
RAAGF IS V*ST OF Sit Ilk PM
LINE TABLE
LINE BEARING LENGTH
L I S 00.09'45" W JD -31'
LI S 00'10'41" W 42.91
L3 N 00.2221" E 7954
L4 S 021837' E 704,34'
L1 N er03''r E 35.13
L6 S 41' 1004" W 42.55
L7 N 09'5145' W 45,73'
lA 545't004'W 13.95'
L9 N 3r2nr W 33,15'
L 10 N &3036' W M.11'
Lit N 31.1000 W 33,04
t12 S 13.08106.E 34.13
113 S 32'2SST W 36,10
L T4 N 0244 47- W II AS
% 11'5!54' E 2644.2F
/ • -•
••".
"
1
FOUND 4E RESAR WITH
t 1.2' ALUMINUM CAP
STAMPED PLS 31047
FLUSH WITH GROUND
3 vA7
yy CENTERLINE
may:••
LOWER LA THAW
!% SEEPAGE OITCH
LEGEND
a
ALIOJOT CORNER
LAS DESCRIBED)
CALCULATED POSITION
SUBJECT BOUNDARY
RIGHT OF WAY
EASEMENT
COUNTY ROAD
AS TRAVELED)
WATERCOURSE
WIRE FENCE
PORTED% VACATED
FROM THE USA
30
EAST QUARTER CORNER
SEC TO% 34 TOWNSHIPS NORTH
RANGE 65 WEST OF THE 6-H PAL
FOUND 46 REBAR WITH 3 • I4'
ALUMINUM CAP STAMPED AS
INDICATED 07 BELOW
GROUND
NORTHEAST CORNER
SECTION 34 TOWNSHIP S NOR -H
RANGE 65 WEST OF THE 6TH
FOUND 'N REBAR WITH 2 77
ALUIMFAJM CAP STAMPED AS
INDICATED 3.4. SELOW GIIOLMJ
SURVEYOR'S NOTES:
I THIS USRAMENOMENI WAS PREPARED WITH THE BEIEFII OF FIRST AMERICAN
TITLE COMMITMENT FILE NO. 550s 4047110 DATED FEBRUARY 2D 2023 AND
DOES NOT CONSTITUTE A TITLE SEARCH BY THOMAS LAND SURVEYING LLC. TO
DETERMINE EASEMENTS OR TITLE OF RECORD. THOMAS LAND SURVEYING LLC
RELIED ON SAID COMMITMENT EXCLUSIVELY FOR ALL EASEMENTS AND
RIGHTS -OF -WAY. THIS USA AMENDMENT DOES NOT PUFPOR' TO REFLECT MY
OF THE FOLLOWING WHICH MAY SE APPLICABLE TO THE SUBJECT REAL
ESTATE, GUIDING SETBACK LINES RESTRICTIVE COVENANTS SUBDIVISION
RESTRICTCJVS ZONING OROTHER IAND4USEREGULATIONS AND ANY OTHER
FACTS THAT SAID TITLE CO%MYTMENi MAY DISCLOSE.
2 ACCORDING TO COLORADO LAW. YOU MUST COMMENCE ANY LEGAL ACTION
BASED UPON ANY THREE YEARS AFTER you
FIRST DISCOVER SUCH DETFECT NNOEEVENY Y WAY ANY ACTION BASED UPON
MY DEFECT M THIS SURVEY BE COAfi1ENCE0 MORE THAN TEN YEARS FROM
THE DATE OF THE CERT$ CAT ON SHOWN HEREON
3 THIS SURVEY IS VALID OMEY E NIT WAS ORIGINAL SEA AND SIGNATURE OF
SURVEYOR
4 MY PERSON WHO KNOWP CLY REMOVES. ALTERS OR DEFACES ANY PUBIC
LAND SURVEY MOMAIE%' NODS BOLJWARY MOMJIIEAT OR ACCESSORY
COMMITS A CLASS IWO12) MISDEMEANOR PURSUANT TO STATE STATUTE
C RS. SEC 11.4-530 WHOEVER WILLFULLY DESTROYS DEFACES CHANGES
OR REMOVES TD ANOTHER PLACE ANY SECTION GIRLIE R OUA RTE Si CORNER
OR MEANDER POST ON ANY GOVERNMENT LINE OF SURVEY OR WILLFULLY
CUTS DOWN ANY WITNESS TREE OR ANY TREE BLAZED TO MMAK 'NE LINE OF
A BEACH MARK OF ANY GOVERNMENT SURVEY, SHALL BE FINED UNDER THIS
TITLE OR IMPRISONED NOT MORE THAN SOC MONTHS OR BOTH, f0 US.C.
1/501200/1
•'N1 DISTANCE MEASUREMENTS 5}tOWN HEREON ARE U.S. SURVEY FOOT,
EASEMENT AND RIGHTS -OF -WAY NOTES:
IP FvWOLO b' tilt? MA FitZ.m. ' I r. ;JMVC lit NI FILL NJ- 5506.4:14 I.0,
DATED F EBAUARY 21 2023 MO RELIED UPI% EXCLUSNEUY BY THOMAS
LAND SUWEYNG LLC FOR AU EASEMENTS AND R[M4TSOF-WAY Of RECORD,
AN OIL AND GAS LEASE WAS GRANTED TO BASM1 ExPLOWATGN NC AND
WAS RECORDED IMICH 2 1902 At RECEPTION 610. 1114511. SAG LEASE
WAS GRANTED FOR THE EXCLUBNE RIGHT OF AWING ANDOPEF 1194 FOR
OIL AND GAS. LAYING PIPE LINES AND BULDNG TANKS POWER STATIONS
AND STRUCTURES THEREON TO PRODUCE SAYE AND TAKE CARE OF SND
PRODUCTS. SAID L EASE ENCUMBERS ALL OF THE SUBJECT PARCEL AND IS
BLANKET IN NATURE UNDERGROUND FACILITIES MAY EXIST THOMAS LAND
SURVEYING LTC DOES NOT GUARANTEE OR WARRANT THAT SAID LEASE IS
STALIN EF=ECT OR WAS NOT BEEN TRANSFERRED OR ASSIGNED TO
ANOTHE R OPE RATOR - NOT PLOTTED.
SURVEYOR'S CERTIFICATE:
I Featt 0, IHQMA$. A PECSESSIOANL LANG SURVEYOR IN THE STATE OF COLORADO DO
HEREBY CERTIFY THAT THIS USA MINOR AMENDMENT WAS PREPARED BY ME OR UNDER
MY PERSONAL SUPERVISOR AND THAT 71IS PLAT IS AN ACCURATE REPRESENTATION
THEREOF BASED UPON MY KNOWLEDGE NFORMATON AND BELIEF, I FURTHER CERTIFY
THAT THE USA 1MNOR AMENDMENT COMPLY WITH ALL APPLICABLE RULES REEGUTATIONS
ARO LAWS OF THE STATE OF COLORADO STATE WARD OF REGGTRATON FOR
PROFESSIONAL FAME E%AM) PROFESSCAAL LAND SURVEYORS AND WELD COUVTY
AND IS NOT A GUARANTEE OR WARRANTY EITHER EXPRESS OR MPLE D.
Ming -
COLORADO PROF 'WOW LAM) SURVEYOR 400353
FOR AND ON 6EHALF OF THOU S LAND SURVEYING LTC
DATE
PROJECT 2707016
DRAWING SHARP
B RS PARTIAL VACATION
i�ir"�aril�5anuiwk,wXiukvii�aiM•Iw viii
B.De9n
reN RIeW
O
Scale: 1 inch = 2,000 feet
PROPFRTY OWNER'S CERTIFICATION
Tile ".===.119°
nesegne0 major prom. wmarlsl do hereby pree 10 919
Site SpeNb Devebpmml Pon erld Um by Specie Revmv
� Fey M1VI�y ads as tle�� naecn mid 1= aey N
sgrrau09
2 M U S R 18-84-602
Legal Description: Lot B of Recorded Exemption 1AMRECXI8-14-0020 being part of the NE4 of Section 34 T5N R65W of the 6th P.M., Weld County, CO
Zoning: Agricultural (A)
Acreage: +/_ 45.066
CERTIFICATE OF APPROVAL BY THE OEPMTMENT OF
PLANNING SERVICES-ApMINISTRATNE REVIEW
Tha mm«ana,anaa Imrea as amroym Dr me
DemrlmernMPbnnm Savior «filip
Dlrxea. Dap WneM d Planip Savkna
,INS N(�fMy[p_I
Canty 91 _ylfAit_)
The Ip yen?mlbn w edraxleepm Dean ma m.'-'
eey al YltaWeu .20�(..�,
My opmm9emn eapina MisfiO
Wmmm my Ham sa See( j - --.
SITE SPECIFIL DEVELOPMENT PUN
USE BV SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Tim Shap
3MUSR13-04-SOR
Semen Mirror NnanemeM toe She Sperm DavebpmeM Pon ana Vee by,0x1.1 Revlmv Permit lUSR Bdt)lor en diem pee mrvicae 29 g5p111 PraveMbn, Lorarol adC«nlameaaurePlen.prepamin.aortlenm wan lneepplimbb prowaims 940 CFR, °°" "2
mall be
conalmuan yore. ...crag alpb lamily maenm. a pavder aM1op. am a .1990 to Merge IM Mura N oparelbn l0 24/J. end emam 1M USR eveilebb co ana a ae emlimbb
0«aae, In 1199 A (ApnwaurNl Zom Oiehicl, e0gee to Ina Devebpmanl stardatla alNea naeon.
2 AperwelN We planmay creels. 99¢.91 propaey r9,91,9.0.to S.01. 218-1001lne Web County COO.
3. TM Iro,xa 01909.9900 YINIbe29-19.aaNyr]daysawash
4. TM1e rrumba Nempbyeea Ilan W 00.9 OS) employees.
The 9.1,110 m.irg area on Ina ail.919.9 De m919191.90 31. The opw990n.19.11 comply with all 9,9999901. mlea em repulNione a SIN. ant Federal spares am me 19.99[1.99.9 Coact.
The lamam.9.0raehlrg on IM1e ana snail De 9000.ime. 3a. Soumee W IgIN aM1all be Mieltletl as 1ne11ip19 reya will r,m atone diremly mlo eejemnl promrlbs coney. aunt wools muse a nulesee a Inlerr.re
wim 119. use on IM selacenl «oD.rlim 9 eccareenm wnn Ina pbl Wanner lne elnn, nor reBrrcree, Ipnt Irom any Ignl source may creels a I :f
The proper, owner 991 commy 9999909 wee., on 1ne ana.
9. TT. 099.9 on lM Bile an. be maiManetl to mngNe any wvO9 1199, puNIc rose 1.09900 damper 9mlW.-,9.109. 00
35. Burble permr0071,99;.9
mayregwrm, per Sedwn 29-3-10 N Ise Wale County Coen Current, IM lolynvg Iaa been adapted W WNe Courts. 2012
10 There Mall W ra pM9g «alpmg N 9019X109 on pW919 made 0,999 09.99 Mall be W I.. 1,11 mrN Coosa 20061Mermtbrle Erergy Cme. 201] Nebne1 EkMnml Coen. A Wib9p perms applcetgn moat Da mmPblm am Mm 41.219
may a[t,myam aerl«wmupon any County rgMaolsvay«mmmlml sllNla«ryire an ePWwee RipMol-WaY U,9, eels09,=reepbna CeMpin.we eempN0,nee orpateratlartllnaforagmeermualbesuan9aebr mnavApeot9cnnral ag9eamp
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12 Ow Properly Owns snail comp, wim 911,0119r9.9 0119x9 nta 0019.91 in Me 991909199 .01,99,019199 Apraemem Cme
13. 2199 ImPw.me9b Apr.emeM.1Isla ails 91191119911.1.9.1119 en annual 091919, 11.9111 2 Pmaibb updeea 3]. Nxeamry personnel Irom 119. Weld County Depenmenla M Plennip Services, Public Wo.a, am Public Heall19 ant Enviromment a19ell De
¢antes accaea onto 119. properly at any roexnebla time In order 10 ensure the adrvilbs mrtim M on Ise PromM comp, wim Ise Coneitbna N
14. 2092,91.9.119. penerna Mtl runon emounb on 1199 sea will De malnlalnm. Approval en0 Development Slemems s1Netl Herein ane ell appbmDle Wbltl Cwnly repulallona.
15 Wad County la not 0,9.091bl91or Ise meWenalce N 90,11. 91,99,.00 0.1.1.009.. ?8. The Um Dy Speual Review area ene9 M limeee b Ina plans snows Hereon ane pwarnee by 1M Ip9poip ebmares ant all epplimble Wbb
L9uMy rpuleiona 5ubalareial Mapes Ir«n Ills Plena or D.velmmxl Slerdaea, es.mum a seed, anal) requh. m. pprwal a en amen.0.n101
me Penns by Me Wale Coup, Board N ounty:en=r0 Hamra runt Mepea ham IM plena w Devebpman slenaartla era permMetl. Any
dlar Men{le. Nell be Rb0 in Me aRlre N Me Daperlmenl N Pbnnap savkea
Tne so r99C na w opaet« smell De reapmaiDb br mmp.70,97.11'0 9"; 1«e 70PC v 070 Slardarea. NOManpinnce wnn erh of
nle l«eporg Deveopmem SlemaUs may De meson brrevocelionNMe Parma Dy the BoatlNCounryC
16 All Iqud am cold w9abe (aa .,coed In 1M Soler Wealee Oiapmel Sees em Facilnba A«, 3020100.5. C.R S.) 1919911 De ease and
rancor. r« final ai.p9ml 9. mMner m.l s9m«s penal xaam era ammayeer mnlamimlmn
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eMnabn N a 9910 wmle in Ma Solb Wsalan Diapozal Sneer ad Fa«lass A«. 30 20100.5, c R.S
1s wane m9brbb anon m namNa, anree. ale eisposea 9 a mayor mN conDas Ip.ye out rprcwe penkvbl. emlaaloru Dmyi[g
aegis. ana ana pNeMial m,iMnm <«anana me larby Men operate 9 e«:ararlce wnn crwla 14, Arlicb t N Ina web c«n, c9a..
The pglimm .tall operate In ea«eerlm wim Ise ppmvea lveab n9mllp Plx'. a all Ome,.
18 FUBXive euN entl hgilive penicolale emlasi9n, small De mMrollee on ma age. The Ixlny sn&I Da operelm in ecareanm wits the
approvea'aual ebeanrmt plan',Nell times. Vasa 919 Me DroperlY.noul0 comply 991119 the Cobretlo Air Oualily Commlaa«is air quality
rpulNbne.
20 The epplimM e19ell eubme an Alr Pollution EmianIwl No9ce TARE N.) em Fmieabra Permit Applimllcn erg oMeln a mrmn has Iha A9
Pollulmn Contrd O,iaion Calaeeo DemrlmrxN N Publ'rc Health entl ErnhonmeM, es eppllmDle.
21. Pexrate @ird9p, nemwmM19p, ale toilet (x1119., shall De provitlee Ia mmpbyeas era DNmru N Me Ie.liN. al ell Limes. Any saga
system Mraled on Ise properly moat c«npry wan ell govbiaa a tln ebb Caunry Cove parle nip b On,ne Weele WMx TrmMr.n sysbms.
22 Any brparemcnY seplrc aYabm (e septic ryatan wits me ceoariH to serve 20 «mere persons pa myl atoll comply 991911 ma
Uneerpaum Inprnion Content (UIL) Clean V InjeNbn Moll requiremaas N IM Em.onmenlal Prolxtmrl Agenq (EPA).
do RIGHT TO EXTRACT MINERAL RESOURCES STgTEMENT. 9999 LauMy M1ea some a giro coos Duo I reawrms. iMWip. M not
limiletl l9. sad era pevN. dl. rrNurel pas, am met. Urger Inb 31 NtM cobntlo Rev sea SINNm, mvlerele are vaN reaarces Dewm let tM
stale'. canmemiel minlxel aemsas ere eaeanlnl to IM Slea'e e[on«ny: (D) Me 000000. 99191119 N IM1e ales 1x9 a «niml allmepa a auGl eepmita:
sa 191 aunt aeDoena daub o9, edra«ea eaorei9p b e ramrle plat mlmbbe m ev9d weals d aucn eepoan. ad was 1199 199.1 Pradrebb
eiemptbn N 1M xobpy ant queMy N Ida N IM clllzene N Ina PopWoua wMlae N1he e1He.
Mkreral rea9uma bmtbna era wbeapreatl 119roupM1oul IM L9uMy ana pereon movinB Info mee. area. must recopnrse lM veriow Impema eeeocieletl
9919. cob aevelmman. Often 1'Imea, mineral resource ens. aro IlaeO to lnelr peopnp19iml ane peopM1ye'Irel locetbne M«eova, Ineae resources ere
protected «operly ripMe am m9ere1 owrlm snoule Da atlases Ina opPorlunay Io evlrem Me mirlenl reeourm
41. VrELO COUNTYS RIGHT TO FAgM STATEMENT Weld Courrty Is 9rla N ale most pmauclive apriallunl wnties In IM United Slates,
NpimMr.rwlp come l9p ten w9ne.'19 the wmry In laalmahN vevea eprlaeNrel a9aaaa 9919 The mr91 a9as NlAbb L9anry marmopen
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vMklea on
24 A permanent, adequate weld auppry Mall be proviaea I« Minhlp end Mnnery purpose.. TM ealalirg well (penny 2880831 mrerot be enM human
uaea l9r Me buakaea unMa II la repammee to slow commerolel use. larlillzers In
me9nmervl
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em Do9be water eraaccepbpb. Rrlc«esNmeirrlerlarKe ane proper elapoaal for parleble loileb,19ell be releinetl onaglunerly ha.iaem «Wale nuance nlM
n All pNMIaIN M1azWoua Uenlimla coon b. naabe m a agile mmna in acc«Wnm wM proeuM IeDelip arts in a mama IMI m9lmaea
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waste, rya in rr[coMarce wM menNaaurer•a rac«rlmenaNipna. IMea Inweem .even 19adr9a 13100) mnn d stale am Cam, roxs oWiae N munalpalnba The n19ea m
ahe1MM availeDb rofouma. Lav erllorcement is Duaa an reaponma complainla mad Itlen on pehola
2B Seminary mMaimmere.nett be conalrlmle0 eroune lenhs to pms9ae wnlelnmeM hx Ise brpesl alnpM Mnh am aullklxl lraeDaae to ba Invelee mry eery el emergency reepon9ee. ircluelp law enlacement. embulanu, ane Ore Fire 0'.
contain prxapaebn Semmay oweeiranMl shell oe euRcbnq impervxwa l9 conla9 any apilbtl «rebaeee malarial. Semrleery mnleinmant meal leave mar lobe ana lamiliea to reapme 10 emeryenciea county Brevet mean ro mener 190.9 ones Imy 1
aevicea mall be Inapectatl N nBuler inlervala entl meMeinm In pom mmaion NI ellcoraery mnleimmxl 991119«190, wits Ise provlalme al Ise N aurlem avpeMeO lmm a paves mee. Sra>w removal Drl«Mbs mean IhN roatls Irom auDe,laions to a
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aeearMlcbnl Inan uNen awelbrs.
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iwipeion OnMes. eladnml pwrertor Dumps ane mnler Divot opaaims. M1gM1 apoe0 halfic, nand Dun. Du tore v'mes, lerebrbl farm ape entl
II
y pmvaW by volunleero wen
will not pmviae Ise same kind
r cleere0 for aevael days alley
ua1, Dy nemselty, Daman
;iCieixr'wi�aif6nwu�wwanot
2 M U S R 18-84-602
i �!� Fulun
4/F- artlDWlrq
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30 kM wqe �rn a«esaeM Neiy ��
rn ealm0irp a«oaa La B f«
Iha benael dLMaAxM BM
R'"ri030 per RN e130933:
rerurOad Juy ]. 3015
N
IScale: 1 inch =100 feet
��50 �wiwma � m. wei
STATEMENT OF AUTHORITY (FOR A TRUST OR CORPORATE ENTITY)
Pursuant to C.R.S. § 38-30-172, the undersigned hereby executes this Statement of authority behalf of
Timothy J. Sharp, Trustee of the Sharp Trust dated January 8, 2019, and any amendments thereto, an
entity other than an individual, capable of holding title to real property (the "Entity"), and states as
follows:
The name of the Entity is Sharp Trust dated January 8, 2019.
The Entity is an Irrevocable Trust.
The mailing address for the Entity is 21588 County Road 52, Greeley, Colorado 80631
The name and position of each person authorized to execute instruments conveying, encumbering, or
otherwise affecting title to real property on behalf of the entity is: Donovan James Sharp.
The limitations upon the authority of the person named above or holding the position described above
to bind the Entity areas follows: NONE.
Other matters concerning the manner in which the Entity deals with any interest in real property are:
NA.
EXECUTED this
STATE OF COLORADO
y of UGfAe ,2019
COUNTY OF VVO,C1
Signature:
Name : Donovan James Sharp
Title: Trustee
)
) ss.
)
This instrument was acknowledged before me on, \LA0 1 , 200_, by Donovan James
Sharp, as Successor Trustee.
[Seal]
My commission expires:L0/O'V /Q0o
TRICIA SWEET
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID: 20184025692
MY COMMISSION EXPIRES 06/20/2022
(STATE 0F COLORADO)
CERTIFICATION OE VITAL RE000T1
CERTIFICATE OF DEATH
DECEDENT'S LEGAL NAME
TIMOTHY J SHARP
STATE FILE NUMBER 1052019016353
DATE OF DEATH
MAY 18, 2019
SEX SOCIAL SECURITY NUMBER AGE -Last Birthday (Years)
MALE 89
UNDER 1 YEAR UNDER 1 DAY DATE OF BIRTH
(MoXDayKr) BIRTHPLACE (Slate or Foreign Country)
MONTANA
Months I Days Hours I Minutes
I 1
IF DEATH OCCURRED IN HOSPITAL
IF DEATH OCCURRED SOMEWHERE OTHER THAN A HOSPITAL
DECEDENTS HOME
Facility Name QE not krsrW ben, give street b number) I CITY, TOW:OR LOCATION OF DEATH
21588 COUNTY ROAD 52 GREET EY
COUNTY OF DEATH
WELD
RESIDENCE-STREETAND NUMBER
21588 COUNTY ROAD 52
APT NO 1 ZIP CODE INSIDE CITY UMITS
80631 NO
RESIDENCE STATE COUNTY
COLORADO !WET
CITY OR TOWN
GREELEY
DECEDENT'S USUAL OCCUPATION (Give kind or work done during most of working life Do not uu retired)
SELF EMPLOYED
KIND OF BUSINESSrINDUSTRY DECEDENTS EDUCATION
MANUFACTORING HIGH SCHOOL GRADUATE OR GED
COMPUTED
DECEDENT OF HISPANIC ORIGIN
NO
DECEDENTS RACE
While
EVER IN US ARMED FORCES ` MARITAL sums AT TIME OF DEATH SPOUSEIPARTNER NAME Cif"'gns name poor m (Trot memage)
NO I NADOWED DONNAJUNEREED
FATHER'S NAME
JAMES SHARP
MOTHER'S NAME PRIOR TO FIRST MARRIAGE
OLIVE.JOYCE CAMPBELL
INFORMANTS NAME
DONOVANJ SHARP
INFORMANTS RELATIONSHIP TO DECEASED
SON
NAME OF FUNERAL HOME -
NATIONAL CREMATION SOCIETY •
CITY AND STATE OF FUNERAL HOME WAS SOR6NER NOTIFIED
DENVER COLORADO 1 YES
METHOD OF DISPOSITION PLACE OF DISPOSITION LOCATION - CITY, COUNTY STATE
CREMATION I COLQRA 0 CREMATORY SERVICES I, WVI.EAT RIDGE JEFFERSON COLORADO
INJURY AT WORK I IF TRANSPORTATIQN RELATED, SPECIFY I DATE OF INJURY - I TIME OF INJURY
PLACE OF INJURY
LOCATION OF INJURY (Street 6 Number, Apt No., City or Town. County, Suss, Zlg..
DESCRIBE HOW INJURY OCCURRED
WAS DECEDENT UNDER HOSPICE CARE ACTUAL OR PRESUMED TIME OF DEATH DATE PRONOUNCED DEAD (MOIOAYKR) TIME PRONOUNCED DEAD
YES APPROX 1850 MIL MAY 18, 2019 16 50 MIL
MANNER OF DEATH WAS AN AUTOPSY PERFORMEDWERE AUTOPSY FINDINGS CONSIDERED IN DETERMINING
NATURAL NO THE CAUSE OF DEATIiv
CAUSE OF DEATH
PART' Enter the gliaa of...diseases, intones, Or comp) ons-ghat directly caused Me death
IMMEDIATE EC �
death) duuese or a MALIGNANT NEOPLASM OF HEAD OF PANCREAN
App.mimaie aMeivai
Ons°t t° d°
NA
in
b NA
NA
equenrt tut ons• d airy,
I uledli
Illadagtofhecausesstedonsraa C NA
NA
EMer the UNDERLYING CAUSE
(dUame or IrW ry that atitiated the
evems rewltlng In deaXI d NA
NA
PART II Enter other am.. corWieons com ix:lino to dee... not resuking n the end. rig cause given n PART I
NA
TITLE, NAME, ADDRESS. ZIP CODE AND COUNTY OF PHYSICIAN DATE SIGNED
DIEGO M FREITAS MD 1605 FOXTRAIL DRIVE STE 200 LOVELAND CO 80539 MAY 21.2019
TITLE, NAME, ADDRESS, ZIP CODE AND COUNTY OF CORONER DATE SIGNED
,%
DATEFILEDBYREGISTRAR
MAY 1, 209
MAY 21, 2019
DATE ISSUED
THIS IS A TRUE CERTIFICATION OF NAME AND FACTS AS
RECORDED IN THIS OFFICE. Do not accept unless prepared on
security paper with high resolAaon border displaying the Colorado state
seal and signature ofthe Regis.. PENALTY BY LAW Sconce 25-2-118,
Colorado Revised Statutes, 1982, A a person alter , uses, attempts to
use or furnishes to another for deceptive use any vital statistics record.
NOT VALID IF PHOTOCOPIED.
REV 04!16
A ALEX QUINTANA
STATE REOISTRRR
udrma
* 009362931 *
rik
Certification of Trust for the
Sharp Trust
dated January 8, 2019
Pursuant to C.R.S. 11-105-111, this Certification of Trust is signed by all the currently
acting Trustees of the Sharp Trust dated January 8, 2019, who declare:
1. The Grantor of the trust is Timothy J. Sharp, also known as Tim Sharp, Timothy
Jerome Sharp. The trust is revocable by the Grantor.
2. The Trustee of the trust is Timothy J. Sharp, whose address is 21588 County Road
52, Greeley, Colorado 80631.
3. The Successor Trustees of the trust are:
Upon Incapacity or Death:
Donovan James Sharp; then
Tonya J. Rase; and then
Darren Jason Sharp.
4. The tax identification number of the trust is the Social Security number of Timothy
J. Sharp.
5. Title to assets held in the trust will be titled as:
Timothy J. Sharp, Trustee of the Sharp Trust dated January 8, 2019, and any
amendments thereto.
6. An alternative description will be effective to title assets in the name of the trust or
to designate the trust as a beneficiary if the description includes the name of at least
one initial or successor Trustee, any reference indicating that property is being held
in a fiduciary capacity, and the date of the trust.
7. Excerpts from the trust document that establish the trust, designate the Trustee, and
set forth the powers of the Trustee will be provided upon request. The powers of the
Trustee include the power to acquire, sell, assign, convey, pledge, encumber, lease,
borrow, manage, and deal with real and personal property interests.
8. The terms of the trust provide that a third party may rely upon this Certification of
Trust as evidence of the existence of the trust and is specifically relieved of any
obligation to inquire into the terms of this trust or the authority of my Trustee, or to
see to the application that my Trustee makes of funds or other property received by
my Trustee.
•
9. The trust has not been revoked, modified, or amended in any way that would cause
the representations in this Certification of Trust to be incorrect.
Certification of Trust for the Sharp Trust
Page 1
MEUU LAW OFFICE, PC, 115 5TH STREET, WINDSOR, COLORADO 80550 ( (970) 820-0090
January 8, 2019
STATE OF COLORADO
COUNTY OF WELD
Timothy J. S Trustee
) ss.
This instrument was acknowledged before me on January 8, 2019, by Timothy J. Sharp, as
Trustee.
[Seal]
MATTHEW MEULI
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20134055885
MY COMMISSION EXPIRES SEPTEMBER 19, 2021
Notary Public
My commission expires: September 19, 2021
Certification of Trust for the Sharp Trust
Page 2
MEULI LAW OFFICE, PC,115 5TH STREET, WINDSOR, COLORAD° 80550 I (970) 8200090
Planner:
Case Number
Owner:
Address:
Applicant:
Address:
Request:
Legal
Description:
Location:
Size of Parcel:
LAND USE APPLICATION
SUMMARY SHEET
Diana Aungst
2MUSR18-84-602
Tim Sharp
21588 CR 52, Greeley, CO
TD Manufacturing, LLC c/o Luke Yockim
21662 CR 52, Greeley, CO
Hearing: Director Approval
Second Minor Amendment to a Site Specific Development Plan and Use by Special
Review Permit (USR-602) for an oil and gas services construction yard, a second single
family residence, a powder shop, and a shop to change the hours of operation to 24/7,
increase the number of employees to 30. and amend the USR boundary in the A
(Agricultural) Zone District.
Lot B of Recorded Exemption RECX14-0020 being part of the NE4 of Section 34 T5N
R65W of the 6th P.M., Weld County, CO
South of and adjacent to CR 52 and 0.5 miles east of CR 43
+/- 47.00 acres Parcel No. 0961-34-1-00-077
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Department of Public Works, referral dated July 30, 2018
➢ State of Colorado, Division of Water Resources, referral dated July 9, 2018
➢ Weld County Department of Public Health and Environment, referral dated July 31, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
r
Town of LaSalle, referral dated July 24, 2018
Weld County Sheriff Office, referral dated July 5, 2018
Colorado Parks and Wildlife, referral dated July 2, 2018
Weld County Zoning Compliance, referral dated July 7, 2018
Northern Colorado Water Conservancy District, referral dated July 2, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
City of Evans
➢ City of Greeley
Town of Kersey
➢ School District RE -6
➢ West Greeley Conservation District
➢ LaSalle View Fire Protection District
2MUSR 18-84-602
Page 1 of 9
The Lot Line Adjustment criteria and process are detailed in Chapter 24, Article X of the Weld County Code.
Narrative:
The proposed application seeks to adjust a lot line between Lots A and B of 1AMRECX18-14-0020. The
larger lot is encumbered by 2MUSR18-84-602 for an oil and gas construction yard and a second dwelling
that was recorded on February 6, 2019 at reception # 4465257. There are two (2) dwellings, multiple cargo
containers, a machine shop, a powder shop, a horse barn, a plasma shop, and other outbuildings on the
current Lot B and a residence and outbuilding on Lot A.
The primary purpose of this LLA is to place the plasma shop, the powder shop, and the small powder shop
on Lot A of the LLA. The boundary of the MUSR is required to match the boundary of Lot A of this LLA,
therefore, a Minor Amendment (MUSR) is required. The three (3) residences will be placed on Lot B of this
LLA. A Non -Conforming Use (NCU) permit is required for the second and third residences or a Zoning
Permit (ZPSD) for the second residence and a NCU for the third residence.
In 2015 NCU15-0005 was issued for four (4) structures that abut CR 52 that do not meet the required
setback.
Referral Agency Review:
The Department of Planning Services' staff has received referral responses with comments from the following
agencies:
➢ Weld County Oil and Gas Energy Department, referral dated May 10, 2023
➢ Weld County Department of Public Health and Environment, referral dated May 8, 2023
➢ Weld County Department of Planning Services — Development Review, referral dated May 9, 2023
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ City of Evans, referral dated May 8, 2023
➢ City of Greeley, referral dated May 9, 2023
➢ Town of LaSalle, referral dated May 11, 2023
➢ Colorado Parks and Wildlife, referral dated May 7, 2023
➢ Central Weld County Water District, referral dated May 23, 2023
➢ West Greeley Conservation District, referral dated June 12, 2023
➢ State of Colorado, Division of Water Resources, referral dated May 4, 2023
The Department of Planning Services' staff has not received responses from the following agencies:
➢ Town of Kersey
➢ Town of Garden City
➢ LaSalle Fire Protection District
➢ Weld County School District RE -6
➢ Lower Latham Extension Ditch Company
Approved with Conditions
The Weld County Department of Planning Services has determined through an administrative review that
the Lot Line Adjustment Overview and Standards per Sections 24-10-10 and 24-10-20 of the Weld County
Code have been met. This Lot Line Adjustment is approved with the following conditions of approval in
accordance with information submitted in the application and the policies of Weld County.
1. Prior to recording the plat:
A. Use by Special Review Permit 2MUSR18-84-602, reception #4465257, for an oil and gas services
construction yard and a second dwelling in the A (Agricultural) Zone District is located on Lot A and
LLA23-0009 I Sharp
Page 2 of 7
a portion of Lot B of LLA23-0009. The applicant shall address the continued operation of
2MUSR18-84-602 and which lot it is to be associated with. If the applicant wants to remove any or
all of the lots, a partial or complete USR vacation request letter and map shall be submitted to the
Department of Planning Services. A vacation or partial vacation hearing shall be held before the
Board of County Commissioners prior to recording the Lot Line Adjustment plat.
B. The applicant shall acknowledge the advisory comments of the Oil and Gas Energy Department as
stated in the referral response dated May 10, 2023. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services.
C. The applicant shall submit a Zoning Permit for a Second Dwelling permit (ZPSD) for the 2.
residence and a Non -Conforming Use permit (NCU) for the 3rd home all located on Lot B. Since
both the 2. and 3rd residence are a "ranch -one story and 1,522 SF" built in 2016 the applicant shall
decide which residence will be the ZPSD and which will be the NCU. Alternatively, two NCU
applications shall be submitted to the Department of Planning Services.
2. The draft plat shall be amended as follows:
A. The map shall be prepared per Section 24-10-50 of the Weld County Code
B. The plat shall be titled: Lot Line Adjustment # LLA23-0009
C. The plat shall include Weld County Plat Notes listed in Section 3 of this document.
D. The plat shall include the certifications contained in Chapter 24, Appendix 24-F of the Weld County
Code. Do not include the Board of County Commissioners Certificate.
E. The plat shall contain a list of the history of land divisions and amendments, which resulted in the
parent parcels. Reference previous land divisions by case number, reception number and recording
date or deed.
F. The new Lot Line Adjustment lots shall be designated from smallest to largest in acreage, on the
plat map and legal description, as specified hereafter
1) The smaller parcel, Lot A of 1AMRECX18-14-0020, is now known as: Lot A of LLA23-0009
2) The larger parcel, Lot B of 1AMRECX18-14-0020, is now known as, is now known as: Lot B of
LLA23-0009
G. Lot acreages shall comply with the minimum lot size in the underlying zone district and/or the
acreage requirements per Section 24-11-20 and Section 24-11-30 of the Weld County Code.
H. The Lot Line Adjustment lots shall comply with the criteria of the land division being amended per
the Standards outlined in Chapter 24, Article XI of the Weld County Code.
Show and label the existing lot line to be amended with a dashed -line type and the proposed lot
line with a solid heavy line type.
J. County Road 52 is a gravel road and is designated on the Weld County Functional Classification
Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way at full
buildout. The applicant shall delineate and label on the plat the future and existing right-of-way
(along with the documents creating the existing right-of-way) and the physical location of the road.
If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate
the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code
Sec. 23-1-90, the required setback is measured from the future right-of-way line. This road is
maintained by Weld County.
K. Show and label the existing permitted access points onto CR 52. Include the usage types
(Agriculture, Residential, Commercial/Industrial, or Oil and Gas).
3. The following Plat Notes shall be placed on the plat:
LLA23-0009 I Sharp
Page 3 of 7
1) The purpose of this Lot Line Adjustment is to adjust the boundary between Lot A and Lot B of
Recorded Exemption 1AMRECX18-14-0020 now known as Lot A and Lot B of LLA23-0009.
2) No lot may be amended or divided except in accordance with Chapters 24 or 27 of the Weld County
Code, as amended.
3) Any future structures or uses on site must obtain the appropriate zoning and building permits.
4) The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code.
5) The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code.
6) Access on the sites shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking.
7) The historical flow patterns and runoff amounts will be maintained on the site.
8) Prior to the release of building permits, the applicant shall submit a recorded deed describing the
Lot upon which the building permit is requested with the building permit applications. The legal
description on such deed shall include the Lot designation and Lot Line Adjustment number.
9) Water service may be obtained from Central Weld County Water District.
10) The parcels are currently not served by a municipal sanitary sewer system. Sewage disposal may
be by on -site wastewater treatment systems (OWTS) designed in accordance with the regulations
of the Colorado Department of Public Health and Environment, Water Quality Control Division, and
the Weld County Code in effect at the time of construction, repair, replacement, or modification of
the system.
11) Activity or use on the surface of the ground over any part of the OWTS must be restricted to that
which shall allow the system to function as designed and which shall not contribute to compaction
of the soil or to structural loading detrimental to the structural integrity or capability of the component
to function as designed.
12) If residences or structures requiring water and sewer are constructed, a Weld County On -site
Wastewater Treatment System Permit is required and shall be installed according to the Weld
County On -site Wastewater Treatment System Regulations.
13) 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.
14) There are four (4) existing structures located on the site that are considered nonconforming
structures due to the encroachment into the setback of CR 52. Case NCU15-0005 was established
for these four (4) structures: equipment building (92'x61'), cattle shed (48'x32'), lean to (494 SF),
and shop (23'x38'). The property owner is required to maintain compliance with Chapter 23, Article
VII of the Weld County Code.
15) All buildings shall comply with the setbacks from oil and gas wells per Section 23-4-700, as
amended.
16) Building permits may be required, for any new construction, set up of manufactured structures, or
change of use of existing buildings per Section 29-3-10 of the Weld County Code. Buildings and
structures shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2018 International Building
Codes, 2018 International Energy Code, and 2020 National Electrical Code, and Chapter 29 of the
Weld County Code. A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered
LLA23-0009 I Sharp
Page 4 of 7
engineer, shall be required or an Open Hole Inspection. A building permit must be issued prior to
the start of construction.
17) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs.
18) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the
State's commercial mineral deposits are essential to the State's economy; (b) the populous
counties of the state face a critical shortage of such deposits; and (c) such deposits should be
extracted according to a rational plan, calculated to avoid waste of such deposits and cause the
least practicable disruption of the ecology and quality of life of the citizens of the populous counties
of the state.
Mineral resource locations are widespread throughout the County and people moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these resources
are protected property rights and mineral owners should be afforded the opportunity to extract the
mineral resource.
19) WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country 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 long-standing 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 areas: 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; hunting
and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. 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.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they cannot
take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right
to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (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
LLA23-0009 I Sharp
Page 5 of 7
cleared for several days after a major snowstorm. 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.
People 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, and open burning present real threats. Controlling children's activities is important, not
only for their safety, but also for the protection of the farmer's livelihood.
4. Next Steps:
Per Section 24-10-50 of the Weld County Code: The Lot Line Adjustment revised draft plat shall be
submitted once an application is approved. The applicant shall electronically submit the draft plat in
PDF format to the Department of Planning Services for Planning and Public Works review. Planning
staff will send the draft plat back to the applicant with redline comments to be incorporated in the revised
plat. There may be subsequent rounds of review. Upon approval of the draft plat and completion of the
conditions of approval, the applicant shall submit the signed and notarized approved plat to the
Department of Planning Services. The approved plat shall be recorded in the Office of the Weld County
Clerk and Recorder by the Department of Planning Services. The approved plat and additional
requirements shall be recorded within one hundred twenty (120) days from the date the administrative
review was signed or from the date of approval by the Board of County Commissioners. The applicant
shall be responsible for paying the recording fee.
5. Enforcement:
Per Section 24-10-60 of the Weld County Code:
A. If the Lot Line Adjustment plat has not been recorded within one hundred twenty (120) days from
the date the Staff Report was administratively signed or the date of approval by the Board of County
Commissioners, or if an applicant is unable to meet any of the conditions within one hundred twenty
(120) days of approval, the Director of Planning Services may grant an extension for a period not
to exceed one (1) year, for good cause shown, upon a written request by the applicant. If the
applicant is unwilling to meet any of the conditions of approval or the extension expires, the
application will be forwarded to the Board of County Commissioners for reconsideration. The entire
application may be considered for denial by the Board of County Commissioners. Alternatively, the
Board of County Commissioners may consider upholding, modifying or removing the contested
conditions of approval.
B. The property owner shall comply with the recorded plat notes and lot configuration. Noncompliance
may result in locking of the lots and withholding Weld County permits.
C. The Board of County Commissioners shall have the power to bring an action to enjoin any
subdivider from selling, agreeing to sell or offering to sell subdivided land before a plat for such
subdivided land has been approved and recorded per Section 30-28-110(4), C.R.S.
6. Plat Recording Process:
Per Section 24-10-40.1 of the Weld County Code: Upon completion of the conditions of approval and
acceptance of the plat, the plat may be submitted for recording with the recording fee to the Planner.
The plat shall be signed and notarized by the property owners. If approved by the Department of
Planning Services, the Planning Director shall sign the plat. If approved by the Board of County
Commissioners, the Chair of the Board shall sign the plat.
Per Section 24-10-40.J of the Weld County Code: The Department of Planning Services shall submit
the plat to the Weld County Clerk and Recorder for recording.
Per Section 24-10-40.K. of the Weld County Code: The Lot Line Adjustment is approved and binding
the date the plat is recorded with the Weld County Clerk and Recorder.
LLA23-0009 I Sharp
Page 6 of 7
In accordance with Appendix 5-J of the Weld County Code, should the Lot Line Adjustment Plat not be
recorded within the required one hundred twenty (120) days from the date the Administrative Review
was signed, a $50.00 Recording Continuance fee shall be assessed for each additional three (3) month
period that the plat has not been recorded, beyond the initial one hundred twenty (120) days.
7. Recording New Deeds:
The applicant shall create and record deeds for all the newly created lots; deeds shall include the legal
description of each lot and the reception of the Lot Line Adjustment plat. New deeds are required even
if lots will remain under the same ownership. Failure to do so may create issues with the proper
assessment of the lots by the Weld County Assessor's Department and may create a clouded chain of
title.
By:
Diana Aungst, Planner III, AICP
Date: July 6, 2023
LLA23-0009 I Sharp
Page 7 of 7
DEPARTMENT OF PLANNING SERVICES
LOT LINE ADJUSTMENT (LLA)
ADMINISTRATIVE REVIEW
Case #:
LLA23-0009
Planner:
Diana Aungst
Submittal
Date:
May
2, 2023
(050 -Lot
A) 21842-52,
LLC
c/o
Donovan Sharp
—
Manager
Applicant/Owner:
21842
(051
-Lot
CR
52,
B) Sharp
Greeley,
Trust
CO
c/o
80631
Donovan
Sharp
—
Trustee
21588
CR
52, Greeley,
CO 80631
Parcel
ID
#s:
0961-34-1-00-050
and
0961-34-1-00-051
Addresses:
(050
(051
-Lot
-Lot
A) 21842
B) 21588,
CR
21662,
52, Greeley,
and
21712
CO
CR
80631
52,
Greeley,
CO 80631
Legal
Lots
A and
B of
Recorded
Exemption
1AMRECX18-14-0020;
being
part of
the
NE4
Descriptions:
of
Section
34. T5N,
R65W of
the
6th
P.M.,
Weld
County..
CO
Location:
South
of
and
adjacent
to
CR
52 and
west
of
and
adjacent
to
CR
45
# of
Plats:
One (1)
Zoning:
A (Agricultural)
# of
Lots:
Two
(2)
# of
Parcels:
Two
(2)
Lot
Before/After:
A Size
± 4.17
ac /± ± 6.39 ac
Lot
Before/After:
B Size
± 45.06
ac / ± 47.29
ac
• 21588
CR
52 1st
home
CWCWD
Acct
#000577-01
Lot
A Water
21842
CR
52
home
-
Lot
B Water
• 21712
CR
52 2nd
home -
Source Before:
CWCWD
Acct
#003175-01
Source
Before:
CWCWD
Acct
#003174-01
• 21662
CR
52
plasma
shop
CWCWD
Acct
#003173-01
• 21588
CR
52 1st
home
-
Lot
A Water
21662
CR
52
plasma
shop
Lot
B Water
CWCWD
• 21712
CR
Acct
52
#000577-01
2nd
home -
Source After:
-
CWCWD
Acct
#003173-
Source After:
CWCWD
Acct
#003174-01
01
■ 21842
CR
52 3rd
home -
CWCWD
Acct
#003175-01
• 21588
CR 52 1st
home -
SOE
2014
Lot
A Sewage
21842
CR
52
home
-
Lot
B Sewage
• 21712
Septic
CR
Permit
52
2nd
#SP
home
-1600033
-
Source
Before:
Septic
Permit
#SP-
Source
Before:
• 21588
CR
52 shop
- Septic
1600032
Permit
#SP
-0800181
• 21662
CR 52
plasma
shop
-
Septic
Permit
#SP
-1000133
• 21588
CR
52 1st
home -
SOE
2014
21662
CR
52
plasma
shop
• 21712
CR 52 2nd
home -
Lot
A Sewage
- Septic
Permit
#SP-
Lot
B Sewage
Septic
Permit
SP
-1600033
Source After:
1000133
Source After:
• 21842
CR
52 3rd
home -
Septic
Permit
#SP
-1600032
• 21588
CR
52 shop
- Septic
Permit
#SP
-0800181
LLA23-0009 I Sharp
Page 1 of 7
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Diana Aungst
Case Number: 2MUSR18-84-602
Owner: Tim Sharp
Address: 21588 CR 52, Greeley, CO
Applicant: TD Manufacturing, LLC c/o Luke Yockim
Address: 21662 CR 52, Greeley, CO
Hearing: Director Approval
Request: Second Minor Amendment to a Site Specific Development Plan and Use by Special
Review Permit (USR-602) for an oil and gas services construction yard, a second single
family residence, a powder shop, and a shop to change the hours of operation to 24/7,
increase the number of employees to 30, and amend the USR boundary in the A
(Agricultural) Zone District.
Legal Lot B of Recorded Exemption RECX14-0020 Being part of the NE4 of Section 34 T5N
Description: R65W of the 6th P.M., Weld County, CO
Location: South of and adjacent to CR 52 and 0.5 miles east of CR 43
Size of Parcel: +/- 47.00 acres Parcel No. 0961-34-1-00-077
Case Summary;
The original USR, USR-602, was recorded on February 15, 1984 under Reception Number 01956209.
USR-602 was approved for oil and gas services construction yard. The 1. amendment was MUSR14-0006
which was recorded on September 16, 2015 under Reception Number 4142670. MUSR14-0006 added a
second home, a shop and an addition to the powder shop.
This amendment 2MUSR18-84-602 proposes to change the hours of operation to 24/7, increase the
number of employees to 30, and amend the USR boundary.
THE DEPARTMENT OF PLANNING SERVICES' DIRECTOR APPROVES THIS APPLICATION FOR THE
FOLLOWING REASONS:
1. The proposed change(s) is consistent with the County Comprehensive Plan pursuant to Chapter
22 of the Weld County Code.
Section 22-2-20.G.7 - A. Policy 7.2 states, "Conversion of agricultural land to nonurban residential,
commercial, and industrial uses should be accommodated when the subject site is in an area that
can support such development, and should attempt to be compatible with the region."
There are two homes on the site. There is a well that is permitted for a single-family residence
(299063) and two Central Weld County Water District taps. There appears to be four septic
systems located on site. The applicant will need to specify the source of the potable water and
sewage disposal for the 2n° residence. This amendment 2MUSR18-84-602 proposes to change the
hours of operation to 24/7, increase the number of employees to 30, and amend the USR boundary.
The applicant has provided adequate parking on the site. This USR has been on the site since
1984 and appears to be compatible with the region.
2MUSR18-84-852
Page 2 of 9
2. The proposed change(s) will not result in a substantial adverse impact on the other property in the
vicinity of the subject property.
Staff has not received any contact from the other property owners in the vicinity concerning this
amendment.
3. The recommendations of the referral agencies have been considered.
The attached Development Standards and Conditions of Approval address the requirements of the
referral agencies.
4. Not deemed to be a major change.
In discussions with staff at the Pre -Application (PRE18-0130) meeting on May 10, 2018, it was
determined that the proposed modifications are consistent with the existing permit and minor in
nature.
5. Must be consistent with the original development standards.
The original USR-602 was approved on February 1, 1984 and recorded in February 15, 1984. and
the Development Standards have been updated to the current code.
This approval is based, in part, upon a review of the application materials submitted by the applicant, other
relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map.
A. An Improvements and Road Maintenance Agreement is required for off -site improvements at
this location. Road maintenance includes, but is not limited to, dust control and damage repair
to specified haul routes. The Agreement shall include provisions addressing engineering
requirements, submission of collateral, and testing and approval of completed improvements.
(Department of Public Works)
B. As the applicant intends to utilize the existing septic system permitted as SP -0000688, for
additional employees, the septic systems shall be reviewed by a Colorado registered
professional engineer to ensure ability to provide for employees. The review shall consist of
observation of the system and a technical review describing the system's ability to handle the
proposed hydraulic load. The review shall be submitted to the Environmental Health Services
Division of the Weld County Department of Public Health and Environment. In the event the
system is found to be inadequately sized or constructed, the system shall be brought into
compliance with current regulations. Alternately, a new septic system may be installed for
business use. (Department of Public Health and Environment)
C. Provide documentation indicating how water and sewer will be provided, in accordance with
the Weld County Code, to the second residence. (Department of Public Health and
Environment)
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled 2MUSR18-84-602. (Department of Planning
Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department
of Planning Services)
2MUSR1 B-84-602
Page 3 of 9
4) The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H of
the Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
5) The map shall delineate the landscaping and/or screening. (Department of Planning
Services)
6) The map shall delineate the lighting, if applicable. (Department of Planning Services)
7) All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2
and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning
Services)
8) The map shall delineate the parking area for the vendors, customers and/or employees.
(Department of Planning Services)
9) County Road 52 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall
be measured from the edge of right-of-way. This road is maintained by Weld County.
(Department of Public Works)
10) County Road 45 Section Line is shown to have 60 feet of unmaintained section line right-
of-way per the Weld County GIS right-of-way map. The applicant shall delineate the
existing right-of-way on the site plan. All setbacks shall be measured from the edge of
right-of-way. (Department of Public Works)
11) Show and label the approved access locations, approved access width and the appropriate
turning radii (60') on the site plan. The applicant must obtain an access permit in the
approved location(s) prior to construction. (Department of Public Works)
12) Show and label the approved tracking control on the site plan. (Department of Public
Works)
13) Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event, shall the distance from the
gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works)
14) Show and label the section line Right -of -Way as "CR 45 Section Line Right -Of -Way, not
County maintained." (Department of Public Works)
15) The applicant shall show the drainage flow arrows. (Department of Public Works)
16) Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval. The Mylar map shall be recorded in the office
of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar map 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.
3. In accordance with Weld County Code Ordinance 2006-7 approvedJune1, 2006, should the map
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.
2MUSR18-84-602
Page 4 of 9
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
sent to mapsAco.weld.co.us.
5. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review map is ready to be recorded in the office
of the Weld County Clerk and Recorder.
6. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
This site requires road base or recycled asphalt on all driving surfaces for tracking control.
(Department of Public Works)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
By
Tom Parko — Director of Planning
2MUSR18-84-602
Page 5 of 9
Date: August 28, 2018
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Tim Sharp
2MUSR18-84-602
1. Second Minor Amendment to a Site Specific Development Plan and Use by Special Review Permit
(USR 602) for an oil and gas services construction yard, a second single family residence, a powder
shop, and a shop to change the hours of operation to 24/7, increase the number of employees to
30, and amend the USR boundary in the A (Agricultural) Zone District, 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 hours of operation shall be 24 -hours a day / 7 -days a week.
4. The number of employees shall be thirty (30) employees.
5. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of
the Weld County Code.
6. The existing parking area on the site shall be maintained.
7. The landscaping/screening on the site shall be maintained.
8. The property owner shall control noxious weeds on the site.
9. The access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or off -site tracking.
10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
11. Any work that may occupy and or encroach upon any County rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement.
12. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement.
13. The Improvements Agreement for this site shall be reviewed on an annual basis, including possible
updates
14. The historical flow patterns and runoff amounts on the site will be maintained.
15. Weld County is not responsible for the maintenance of onsite drainage related features.
16. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30 20
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination.
17. 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, 30 20 100.5, C.R.S.
18. 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. The facility
shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. The applicant
shall operate -in accordance with -the approved "waste handling plan", at all times.
2MUSR18-84-602
Page 6 of 9
19. 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. Uses on the property
should comply with the Colorado Air Quality Commission's air quality regulations.
20. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain a permit from the Air Pollution Control Division, Colorado Department of
Public Health and Environment, as applicable.
21. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons
of the facility, at all times. Any septic system located on the property must comply with all provisions
of the Weld County Code, pertaining to Onsite Waste Water Treatment Systems.
22. Any large -capacity septic system (a septic system with the capacity to serve 20 or more persons
per day) shall comply with the Underground Injection Control (UIC) Class V Injection Well
requirements of the Environmental Protection Agency (EPA).
23. Policy 6 of the Colorado Department of Public Health and Environment, Water Quality Control
Division's (WQCD) Regulations shall be adhered to for multiple septic systems on a single parcel.
24. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The
existing well (permit 299063) cannot be used for the business unless it is repermitted to allow
commercial use.
25. For employees or contractors on site for less than 2 consecutive hours a day, and 2 or less full-
time employees on site, portable toilets and bottled water are acceptable. Records of maintenance
and proper disposal for portable toilets shall be retained on a quarterly basis and available for
review by the Weld County Department of Public Health and Environment. Portable toilets shall
be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers.
26. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
as delineated in 25-12-103 C.R.S.
27. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile
organic compounds (VOC's). All chemicals must be stored secure, on an impervious surface, and
in accordance with manufacturer's recommendations.
28. Secondary containment shall be constructed around tanks to provide containment for the largest
single tank and sufficient freeboard to contain precipitation. Secondary containment shall be
sufficiently impervious to contain any spilled or released material. Secondary containment devices
shall be inspected at regular intervals and maintained in good condition. All secondary containment
will comply with the provisions of the State Underground and Above Ground Storage Tank
Regulations.
29. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable
provisions of 40 CFR, Part 112, shall be available on site or as applicable.
30. Any vehicle or equipment washing shall adhere to "Low Risk Discharge Guidance: Discharges
From Surface Cosmetic Power Washing Operations To Land July 2010" as specified by the State.
31. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPHE), Water Quality Control Division, as
applicable.
32. Process wastewater (such as floor drain wastes) shall be captured in a watertight vault and hauled
off for proper disposal. Records of installation, maintenance, and proper disposal shall be retained.
33. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code.
2MUSR18-84-602
Page 7of9
34. 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 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 may
be used which may be confused with, or construed as, traffic control devices.
35. Building permit maybe required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2012 International Codes; 2006 International Energy
Code; 2017 National Electrical Code; A building permit application must be completed and two
complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A geotechnical engineering report performed by a
registered State of Colorado engineer shall be required or an open hole inspection.
36. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
37. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment 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 Conditions of Approval
and Development Standards stated herein and all applicable Weld County regulations.
38. The Use by Special Review 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 the approval of an amendment
of the Permit by the Weld County Board of County Commissioners before such changes from the
plans or Development Standards are permitted. Any other changes shall be filed in the office of
the Department of Planning Services.
39. 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.
40. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the
State's commercial mineral deposits are essential to the State's economy; (b) the populous
counties of the state face a critical shortage of such deposits; and (c) such deposits should be
extracted according to a rational plan, calculated to avoid waste of such deposits and cause the
least practicable disruption of the ecology and quality of life of the citizens of the populous counties
of the state.
Mineral resource locations are widespread throughout the County and person moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these resources
are protected property rights and mineral owners should be afforded the opportunity to extract the
mineral resource.
41. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most
productive agricultural counties in the United States, typically ranking in the top ten counties in the
country 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 long-standing 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 areas: 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
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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; hunting
and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. 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.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they cannot
take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right
to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (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. 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.
People 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, and open burning present real threats. Controlling children's activities is important, not
only for their safety, but also for the protection of the farmer's livelihood.
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