HomeMy WebLinkAbout20231649.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION, VAC23-0027, OF TWO -LOT RECORDED
EXEMPTION, RE -3520, FOR REMOVAL OF LOT B -
NGL WATER SOLUTIONS DJ, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on March 22, 2003, the Department of Planning Services approved Two -Lot
Recorded Exemption, RE -3520, and
WHEREAS, the Board has received a request from the current property owner,
NGL Water Solutions DJ, LLC, 865 North Albion Street, Suite 400, Denver, Colorado 80220,
represented by Christine Curl, Colorado Tenderfoot Properties, P.O. Box 499, Keenesburg,
Colorado 80643, to vacate Lot B of Recorded Exemption, RE -3520, located on the following
described real estate, to wit:
Lot B of Recorded Exemption, RE -3520; being part
of the SW114 of Section 29, Township 2 North,
Range 64 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, and makes
the following findings:
1. No property will be left without access to a public road right-of-way as a result of
the vacation.
2. No property resulting from the vacation will continue to use any access across any
other lots within the exemption plat.
3. No easements are being included in this vacation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of NGL Water Solutions DJ, LLC, for Partial Vacation of
Two -Lot Recorded Exemption, RE -3520, for removal of Lot B, be, and hereby is, approved,
subject to the following condition(s):
1. As described in Sections 24-11-50.H and 24-11-50.1 of the Weld County Code, the
applicant shall submit an exemption vacation plat and deed to the Department of
Planning Services within ninety (90) days for review. Upon acceptance, the plat
shall be signed by the property owners and shall be submitted for recording, along
with the recording fee, to the Department of Planning Services. The vacation is in
effect the date of recordation of the land survey plat with the Weld County Clerk
and Recorder.
cc: PL(TP/PuJ/MN),APPL.
0714/23
2023-1649
RE -3520
PARTIAL VACATION, VAC23-0027, OF TWO -LOT RECORDED EXEMPTION, RE -3520, FOR
REMOVAL OF LOT B - NGL WATER SOLUTIONS DJ, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of June, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: yediltvo
Weld County Clerk to the Board
BY
APP
eouty Clerk to the Board eputy Clerk to the Board
ounty orney
Date of signature: le 23/Zt'°'i
MiISo-Frreman, Chair
Perry ,. Buc
Pro-Tem
colt K. James
SED
4907620 Pages: 2 of 2
07/06/2023 11:49 AM R Fee:$0•00 CO
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2023-1649
RE -3520
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Weld County Board of County Commissioners
From: Molly Nelson, Planner
Subject Partial Vacation of RE -3520
Hearing Date: June 12, 2023
Owners: NGL Water Solutions DJ LLC
Representative: Colorado Tenderfoot Properties do Christine Curl
Legal Description: Lot B of Recorded Exemption RE -3520; being a part of the SW4 of Section 29, T2N, R64W
of the 6th P.M., Weld County, CO
Location: East and adjacent of County Road 51; North and adjacent to County Road 16
Parcel Number: 1305-29-3-00-028
Total Parcel Size: +1- 111.28 acres Zone District A (Agricultural)
Summary:
The applicant requests to vacate Lot B, being the largest lot of the two -Lot Recorded Exemption RE -3520,
recorded July 31, 2003, reception #3089881. This partial vacation of Lot B of RE -3520 would result in an
approximately 111 acre unplatted parcel. Lot A, RE -3520 is not a part of this action.
Vacation Criteria:
The Vacation of a Recorded Exemption plat criteria are detailed in Chapter 24, Article XI of the Weld County
Code, being the Obsolete Land Divisions Article within the Weld County Subdivision Ordinance.
Section 24-11-10. A of the Weld County Code, states in part: "Previously approved Recorded Exemptions
and Subdivision Exemptions may be amended, corrected, or vacated."
Section 24-11-50 of the Weld County Code, provides specific criteria for the vacation process. The
processing of this vacation and memorandum have been prepared in accordance with this Code section.
Section 24-11-50. A of the Weld County Code details the items to be submitted by the property owners in
order to request a complete or partial vacation of an exemption. The submitted materials were deemed
complete and include the vacation request letter and the draft vacation plat map.
Section 24-11-50. B of the Weld County Code allows for partial vacations, which may be used to vacate
the largest lot within a Recorded Exemption plat, which is greater than thirty-five (35) acres in size, without
affecting the remaining lot(s) within the same plat. The submitted vacation request complies with this code
section.
6/12 Vacation of Lot B of RE -3520 I NGL Water Solutions DJ LLC
Page 1 of 2
2023-1649
RE -3520
Recommendation:
The Department of Planning Services staff has reviewed this request and recommends that this request be
approved by the Board of County Commissioners subject to the following condition.
A. If the vacation request is approved by the Board of County Commissioners, the vacation plat shall
be submitted to the Department of Planning Services for review in accordance with Sections 24-
11-50.H and I of the Weld County Code. Upon acceptance of the plat, the plat shall be signed by
the property owners and shall be submitted for recording with the recording fee to the Department
of Planning Services. The vacation is in effect the date of recordation of the land survey plat with
the Weld County Clerk and Recorder.
Vacation of Lot B of RE -3520 I NGL Water Solutions DJ LLC
Page 2 of 2
Water Solutions
February 14, 2023
Re: NGL Energy Partners, LP
Lot B of Recorded Exemption No. 1305-29-3 RE -3520 recorded July 31, 2003 at Reception
No. 3089881, being a part of Southwest 1/4 of Section 29, Township 2 North, Range 64
West of the 6th P,M., County of Weld, State of Colorado.
To Whom It May Concern,
NGL Energy Partners, LP is requesting the vacation of Lot a as described above in order to
utilize the Land Survey division process to create 2 parcels:
At this location, NGL owns and operates a Class I1 oilfield waste disposal facility under USR 14-
0085. The disposal facility is located on the 53 acres to be retained, and the USR will remain
with the new legal description. The remaining 57 acres is undeveloped and is currently zoned
agricultural with Henrylyn Irrigation ditch rights. No re -zoning will be requested.
Paved County Road 51 borders the western side of the property and is county- maintained.
County Road r. orders the southern side of the parcel and is a County -maintained gravel road.
Sign
ite
Executive Vice President
865 N. Albion St. • Suite 400 • Denver, CO 80220 • Phone (303) 815-1010 • Fax (303) 815-1011
VACATION PLAT FOR LOT B OF RECORDED EXEMPTION NO. 1305-29-3 RE -3520
i
Located in the Southwest 1/4 of Section 29,
Township 2 North, Ronge 64 West of the 6th P.M.,
County of Weld, State of Colorado
Sheet 1 of 1
PROPERTY DESCRIPTION BEFORE VACATION
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PROPERTY DESCRIPTION AFTER VACATION
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PROPERTY OWNER'S CERTIFICATE
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BOARD OF COUNTY COMMISSIONER'S CERTIFICATE
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RECORDED EXEMPTION NO. 1305-29-3 RE -3520
PART OF THE SOUTHWEST 1/4 OF SECTION 29, TOWNSHIP 2 NORTH,
RANGE 64 WEST OF THE 6TH P. M., COUNTY OF WELD, STATE OF COLORADO.
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NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public
hearing will be held in the Chambers of the Board of County Commissioners of Weld County,
Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley,
Colorado 80631, at the time specified.
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five
days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting
party. In accordance with the Americans with Disabilities Act, if special accommodations are
required in order for you to participate in this hearing, please contact the Clerk to the Board's
Office at (970) 400-4225, prior to the day of the hearing.
The complete case file may be examined in the office of the Clerk to the Board of County
Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631.
Email messages sent to an individual Commissioner may not be included in the case file. To
ensure inclusion of your email correspondence into the case file, please send a copy to
egesick@weld.gov.
Date: June 12, 2023
Time: 9:00 a.m.
Applicant:
NGL Water Solutions DJ, LLC
865 North Albion Street, Suite 400
Denver, Colorado 80220
Request: Partial Vacation, VAC23-0027, of Two -Lot Recorded Exemption, RE -3520, for Removal
of Lot B
Legal Description: Lot B of Recorded Exemption, RE -3520; being part of the SW1/4 of Section
29, Township 2 North, Range 64 West of the 6th P.M., Weld County, Colorado
Location: East of and adjacent to County Road 51; north of and adjacent to County Road 16 (see
Legal Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: May 31, 2023
ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
RE -3520
Owner
BRYAN AND SHELLY COPELAND
NGL WATER SOLUTIONS DJ LLC
ATTN: CHRISTINE CURL
COLORADO TENDERFOOT
PROPERTIES
Address
25473 COUNTY ROAD 16
3773 CHERRY CREEK NORTH DR
SUITE 1000
P.O. BOX 499
City
KEENESBURG
DENVER
State Zip
CO 80643-9505
CO 80209-3804
KEENESBURG CO 80643
CERTIFICATE OF MAILING
I hereby certify that I have placed a true and correct copy of the Notice, in accordance with the notification
requirements of Weld County for Partial Vacation of Recorded Exemption, RE -3520, in the United States Mail,
postage prepaid First Class Mail as listed above.
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Dated the 31st day of May, 2023.
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Janet M. Warwick
Deputy Clerk to the Board
U.S. Postal Service
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.com
Certified Mail Fee
6131
Extra Services & Fees (check box, add fee as appropriate)
❑ Return Receipt (hardcopy) $
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WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
5/8/2023
1:32:18 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
c -V A 1L &
11Iz3 Signature
Date
Property Owners Within 500 Feet of Parcel # 130529300028
Account
Parcel
Owner
Mailing Address
R2614503
130529300027 ^n
W4K
COPELAND SHELLY L
R2614503
130529300027
LO' -,4
COPELAND BRYAN W
25473 COUNTY ROAD 16
KEENESBURG, CO 806439505
R2614603
130529300028
1,04" b
NGL WATER SOLUTIONS DJ LLC
3773 CHERRY CREEK NORTH DR
STE 1000
DENVER, CO 802093804
R5231608
130529400003
SMIALEK LYNDA A
R5231608
130529400003
SMIALEK LYLE BYRON
41994 COUNTY ROAD 4
ROGGEN, CO 806528408
R5231808
130529400004
SMIALEK LYNDA A
R5231808
130529400004
SMIALEK LYLE BYRON
41994 COUNTY ROAD 4
ROGGEN, CO 806528408
R5123486
130530000012
JONES RICHARD C ASSET PROTECTION
TRUST
24963 COUNTY ROAD 16
KEENESBURG, CO 806439500
R8948059
130531100003
LAND LLOYD
12501 RIVERDALE RD
BRIGHTON, CO 806028161
Parcels: 7
Owner Records: 10
Page 1 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
5/8/2023
1:32:18 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Jcn OtlA
6)0 z-5 Signature
Date
Property Owners Within 500 Feet of Parcel # 130529300028
Account
Parcel
Owner
Mailing Address
R5125086
130532000009
NEWNAM LLC
25844 COUNTY ROAD 16
KEENESBURG, CO 806439504
Parcels: 7
Owner Records: 10 Page 2 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
5/8/2023
1:32:18 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Property Owners Within 500 Feet of Parcel # 130529300028
Parcels: 7
Owner Records: 10
cian kthuLii c1L
E I �1 2- 3 Signature
Date
Page 3 of 3
PLAT VACATION APPICATION
RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS
FOR PLANNING DEPARTMENT USE: DATE RECEIVED: 4/17 /282.3
PLANNER ASSIGNED:
PLAT INFORMATION
Title of plat to be vacated: Vacation Plat for Lot B of Recorded Exemption No. 1305-29-3 REdard T 2N R 64W
]Complete Vacation (must include all lots)EPartial Vacation of the largest lot (must be over 35 acres)
List of lots to be vacated:
Lot Parcel Number
B
130529300028
110.436
Electrical transmission easement to Public Service Co. of Coll
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name: Owner contact person is Jim Winter
Company: NGL Water Solutions DJ, LLC
Phone #: (720) 213-1521 Email. jim.winter@nglep.com
Street Address: 865 North Albion Street, Suite 400
City/State/Zip Code: Denver, Co 60220
APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.)
Name: Christine Curl
Company: Colorado Tenderfoot Properties
Phone #: (303) 884-3466 Email: curlcountry@cs.com
Street Address: P.O. Box 499
City/State/Zip Code: Keenesburg, CO 80643
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with
or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the
property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners
must be included with the application. If the fee owner is a corporation, evidence must be included indicating the
signatory has the legal authority to sign for the corporation.
I (We) have re_ • and agree to comply with the regulations for complete or partial vacation of recorded exemption or
subdivision = emotion.
Douglas W. White
er or Authorized u gent Date Signature: Owner or Authorized Agent Date
Print: Owner or Authorized Agent Print: Owner or Authorized Agent
7/20/2021
DEPARTMENT OF PLANNING AND BUILDING
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONNMENT
1555 NORTH 17Th AVENUE
GREELEY, CO 80631
AUTHORIZATION FORM FOR BUILDING, PLANNING AND HEALTH DEPARTMENT PERMITS
AND SERVICES
I, (We),
NGL Water Solutions DJ, LLC Christine Curl
give permission to
(Owner — please print) (Applicant/Agent — please print)
to apply for any Planning, Building or Health Department permits or services on our behalf, for the property
located at:
NE corner of WCR 16 and WCR 51 (Weld County Parcel No, 130529300028)
Lot B 1305-29-3 RE 29 2 64
Legal Description: of Section Township N, Range W
Subdivision Name: NIA Lot Block
Property Owners Information:
Phone: (720) 213-1521 jim.winter@nglep.com
E maiC
Applicant/Agent Contact Information:
(303) 884-3466 curicountry@cs.com
Phone: E -Mail:
Email correspondence to be sent to: Owner n Applicant/Agent ❑ Both___
Postal service correspondence to be sent to: (choose only one) Owner ❑ Applicant/Agent ❑
Additional Info.
./
Owner Signature: ` �� _-_, � Date:
Owner Signature: Date:
WHEN RECORDED RETURN TO:
NGL Water Solutions D], LLC
NEC CR 51 & CR 16
Hudson, CO 80624
File Number. 5501-2306409
SPECIAL WARRANTY DEED
f First American
THIS DEED, Made this Twelfth day of September, 2014, between Alliance Investment Group -Hudson,
LLC a limited liability oompahy duly organtxed and existing under and by virtuo of the laws of the State of Arizona,
grantor, and NUL Water Solutions DJ, LLC, a Colorado Ilmited liability company whose legal address
is NEC at 51 & CR 16, Hudson, CO 60624 of the County of Weld and State of Colorado, grantee:
WrrNESSETH, That the grantor, for and in consideration of the sum of SIX HUNDRED FIVE THOUSAND
ZERO AND NO/100 DOLLARS 0605,000.00), the receipt and sufficiency of which is hereby acknowledged,
has granted, bargained, said and conveyed, and by thew presents does grant, bargain, self, convey and confirm,
unto the grantee, its successors and assigns forever, In severalty oI the real property, together with improvements,
if any, situate, tying and being In the County of Weld, State of Colorado, described as follows:
Lot B of Recorded Exemption N. 1305-29-3 RE -352O recorded Iuly 31, 2003 at Reception No.
3089881, being a part of Southwest 1/4 of Section 29, Township 2 North, Range 64 West of the 6th
P.M., County of Weld, State of Colorado.
Together with and subject to the benefits and burdens of a 25 foot luxe. and utility easement of Lot
A of said Recorded Exemption, as shown on Recorded Exemption Map recorded Judy 31, 2003 at
Reception No. 3089881.
also known by street and number as: NEC CR 51 & CR 16, Hudson, CO 80624
TOGETHER with ail and singular the heredtaments and appurtenances thereunto belonging, or in anywise
appatairdng, and the reversion and reversions, remainder and remainders, rents, Issues, and profits thereof, and
all the estate, right, titre, Interest, Beim and demand whatsoever of the grantor, either in law or equity, of, in and
bo the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and cfescrrbed with the appurtenance, unto the
grantee Its successors and assign forever. The grantor for Itself and its srCoessors and assigns, does covenant and
agree that 1 shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and
peacsatde possession of the grantee, Its suoc0rsers and assigns, against all and every person or persons claiming
the whole or any part thereof, by, through or under the grantor except general taxes for the current year and
subsequent years, and except easements, covenants, reserve. , restrictions, and right of way, If any, of record.
Grantee acknowledges that It Is purchasing the property on an "AV -is" "Wftere is Basis" with no warranties, except
for the warranties of the title contained in this deed.
The singular number shall Include the plural, the plural the.rgular, and the use of any gender shall be
apploable to all genders.
Doc Fee: $60.50
Page 1 of 2
IN WITNESS WHEREOF, The grantor has caused its corporate name to be hereunto subscribed by ifs
Manager, and Its corporabe seal to be hereunto affixed, attested by its Manager, the day and year first above
written.
Alliance Investment Group#iudson, LLC, an
Arizona limited debility company
By: Simonton, Manager
State of .6etoruder 4,6 one
County of N4at;copy
The foregoing Instrument was acknowledged to before me tMs 61N day of-StpiCrttba 2014 by
loch Swanton, the Manager of lash Simonton as Manager of Alliance mvastmant Group -Hudson, U.C.
Witness my hand and offidai,seal.
My commission expires: -Mit a n/ Pi ,201,
1 ,ec•�, MARIiN?SWAM JOHN50N
Noway Public • Ancona
1 , a Mneops County
O .E► Comm. elmires.1{.2018
1132,41A, (is tn9n4i&eat
Notary Public
Page 2 of 2
NGL ENERGY PARTNERS LP
SECRETARY'S CERTIFICATE
August 24, 2022
The undersigned, Kurston P McMurray, Executive Vice President and Secretary of NGL Energy Holdings
LLC, a Delaware limited liability company, general partner of NGL Energy Partners I P ("Company") and its
subsidiaries (including but not limited to NGL Water Solutions DJ, LLC ("DJ" or "Subsidiary"), a Colorado limited
liability company), in such capacity, and not individually, does hereby certify that he is the duly elected, qualified
and serving Secretary of the Company. This Secretary's Certificate is being delivered pursuant to that certain land
survey division process to create 3 parcels for the property owned by DJ located at NEC CR 51 & CR 16, Hudson,
Colorado in Weld County
The undersigned further certifies as follows
1 Attached hereto as Exhibits A - C respectively are true and correct copies of DJ's.
a Articles of Organization dated March 16, 2011 as amended through and including the
name change from High Sierra Water Services Niobrara, LLC to NGL Water Solutions
DJ, LLC as filed with the Colorado Secretary of State;
b Amended and Restated Limited Liability Company Agreement dated April 1,
2014, and
c. Colorado Certificate of Good Standing,
2, The current ownership structure of the Subsidiary is:
a, NGL Energy Holdings LLC, a Delaware limited liability company is the general partner
of Company,
b, The Company is the sole member of NGL Energy Operating, LLC, a Delaware limited
liability company ("Operating"),
c Operating is the sole member of NGL Water Solutions, LLC ("A/CL WS")
d NGL WS is the sole member of DJ
IN WITNESS WHEREOF, the undersigned has executed this Secretary's Certificate as of the date first set
forth above
By.
Kur ton P McMurray, cretary
Document must be filed electronically.
Paper documents will not be accepted.
Document processing fee
Fees & forms'cover sheets
are subject to change.
To access other information or print
copies at' tiled documents,
visit a a•ww.sos_state.co_us and
select I3usiness Center.
Flied
Colorado Secretary of State
Date and Time: 03/16/2011 03:10 PM
ID Number: 20111160724
050.00 Document number: 20111160724
Amount Paid: $50.00
MOVE SPAC1 rf,kO F`:Cr.0 EONLY
Articles of Organization
filed pursuant to § 7-00-203 and § 7-00-204 of the Colorado Revised Statutes (C.R.S.)
1, The domestic entity name of the limited liability company is
High Sierra Water Services Niobrara, LLC
(The name of a limited liability- company moat contain the term ar abbreviation
"limited liability crony vny" •'ltd, lictbtlin company" "limited liability co, •"" Itd
liabilitvco.". "limiter" ',Le." "Ile.". or'Ytd.'•.See ,,ti7-y(1-601, C.R.S)
(Caution: The use ofcertain terms or abbreviations are restricted bylaw. Read instructiarts,lor more in ormcrtion)
2. The principal office address of the limited liability company's initial principal office is
Street address 3773 Cherry Creek Drive North
Suite 1000
Denver CO 80209
IStrlte (ciP'e ce/ Cocle)
United states
(Province — il'applicable) (C'nuna7)
Ma_ i address
(leave blank if same as street address) (Street number and name or Post OJ)ic•e Box iofornratioo)
tnyl
(Crate) (ZIP/Posml fade)
(Province — ilapplicable) (Cosec'.)
3. The registered agent name and registered agent address of the limited liability company's initial registered
agent are
Name
(if an individual)
(Last) (PI M)
OR
(if an entity) High Sierra Water Services, LLC
(Caution: Do not provide both an individual and on entity sure.)
Street address
ARTORG_LLC
3773 Cherry Creek Drive North
(Middle) (Su()rr)
Suite 1000
(Street number and name)
Denver Co 80209
(Tip)
(State) (ZIP Code)
Page 1 of 3 Rev, 02/28/2008
Mailing address
(leave blank if same as street address) (Street number and name nr Post Office eer iglnrmation)
CO
(C'irv)
(State) (ZIP Codc)
�flue fallowing statement is n t ned bi marking thr bon)
s The person appointed as registered agent has consented to being so appointed.
4. The true name and mailing address of the person basting the limited liability company are
Name
(if an individual)
(Last) (First) 0. 110 (St e,J
OR
(if an entity) High Sierra Water Services, LLC
(Caution: Do not provide both an individual and an entity nunte.)
Mailing address
3773 Cherry Creek Drive North
Shnon eet number and e or Post Offiee lion infannatioa)
Suite 1001
Denver CO 80209
(City) (Store) ('LIP/Postal Code)
United States ,
(Province - ifapptleeblt) (Cottony)
(If the following statement applies, adept the statement (y 'narking the bon and Include an attachment)
❑ The limited liability company has one or more additional persons forming the limited liability
company and the name and mailing address of each such person are stated in an attachment.
5. The management of the limited liability company is vested in
(Mark the applicable bon.)
Q one or more managers,
OR
❑ the members.
6. (The following statement is adopted by nuorking the box.)
❑✓ There is at least one member of the limited liability company.
7. (If the following statement applies, adopt the statement by marking the box and include an attachment,)
❑ This document contains additional information as provided by law.
8. (Caution: (pave blank if the document does not have a delayed effective date. Stating a delayed efeci(ve date has
,significant legal consequences. Read instructions beibre entering a date.)
((f the following statement applies, adopt the statement by entering a date and. if applicable, time usarg the rcgnir cd format.)
The delayed effective date and, if applicable, time of this document is/are
(ntm/dd_vyyv hoar: minute nut/pm)
ARTORG LLC
Page 2 of 3 Rev. 02/2812008
Notice:
Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity
with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic
statutes, and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part, the constituent documents, and the organic statutes.
This perjury notice applies to each individual who causes this document to be delivered to the Secretary of
State, Whether or not such individual is named in the document as one who has caused it to he delivered.
9. The true name and mailing address of the individual causing the document to be delivered for filing are
Spector Barry
(Last) (!''irat)
1050 17th Street
Street number and name or Post 00 ce Box tnf rmation)
Suite 1660
W
(:twee) (Suffix,
Denver CO 80265
(City) (Stale) I'M/Postal Code)
United States
!Province —ifapplicahlt:) (County)
(If the following statement applies, adopt the statement by making the box and include an attachment)
❑ This document contains the true name and mailing address of one or more additional individuals
causing the document to be delivered for filing.
Disclaimer:
This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice,
and are furnished without representation or warranty. While this form/ cover sheet is believed to satisfy
minimum legal requirements as of its revision date, compliance with applicable law, as the same may be
amended front time to time, remains the responsibility of the user of this form/cover sheet. Questions should
be addressed to the user's legal, business or tax advisor(s).
ARTORG_LLC
Page 3 or Rev. 02./2008
Document must be filed electronically.
Paper documents will not be accepted.
Document processing fee
Fees & forms/cover sheets
are subject to change.
To access other information or print
copies of filed documents,
visit www.sos.state.co.us and
select Business.
ed
Colorado Secretary of State
Date and Time: 04/15/2011 04:10 AM
ID Number: 20111160724
S25.00 Document number: 20111227973
Amount Paid: $25.00
ABOVE SPACE FOR OFFICE USE ON.'
Articles of Amendment
filed pursuant to §7-90-301, et seq. and §7-80-209 of the Colorado Revised Statutes (C.R.S.)
ID number: 20111160724
1. Entity name:
2. New Entity name:
(if applicable)
3. Use of Restricted Words of con, of these
terms are eontaimed in an entity name, true
mane of an entity, bade name or trademark
.s.ted in this document, mark the applicable
boa);
4. Other amendments, if any, are attached.
5. If the limited liability company's
period of duration as amended is
less than perpetual, state the date
on which the period of duration
expires:
OR
High Sierra Water Services Niobrara, LLC
(If changing the Hors of t/ie linriterl liability company, indicate
mane BEFORE the mare change)
High Sierra Water Services, LLC
❑ "bank" or "trust" or any derivative thereof
❑ "credit union" ❑ "savings and loan„
❑ "insurance", "casualty" "mutual", or "surety"
(tnmhidiirsni
if the limited liability company's period of duration as amended is perpetual, mark this box:
6. (Optional) Delayed effective date:
Notice:
Im ar/dd/ ,,,
Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or
acknowledgement of each individual causing such delivery, under penalties of perjury, that the document is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity
with the requirements of part 3 of ankle 90 of title 7, C.R.S., the constituent documents, and the organic
statutes, and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part, the constituent documents, and the organic statutes.
This perjury notice applies to each individual who causes this document to be delivered to the secretary of
state, whether or not such individual is named in the document as one who has corned it to be delivered.
Abr D_Lt.C
Page- I of 2 Rev. 5,01/2010
7. Name(s) and address(es) of the
individual(s) causing the document
to be delivered for filing:
Gognat Richard J
(Lust) (First)
3773 Cherry Creek North Drive
(Middle)
Suite 100Ostreet name and nrotrber or Post Office Bat' information)
oration)
Denver CO 80209
(City)
UnI[@1 "States (Pnvtul)FpCode)
(Province - tfapplicable) (Cnuntrr-if not US)
(The document need nut Atte the true mane and add, .' of more than one individual. !However, if��ou lvirh to state the name and addles,,
of any additional individuals causing the document at bo delivered fist ;cling, mark this box ❑ and include.. attachment voting the
name and address gfsruh individuals.)
Disclaimer:
This form, and any related instructions, are not intended to provide legal, business or tax advice, and are
offered as a public service without representation or warranty. While this form is believed to satisfy minimum
legal requirements as of its revision date, compliance with applicable law, as the same may be amended from
time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's
attorney.
AMD_ A,
Page 2 of 2 Rev. 5;01 /20 0
-Filed
Document must he tiled electronically.
Paper documents arc not accepted.
Fees & forms are subject to change.
For more inti>nnation or to print copies
of tiled documents, visit www,sos.state.co.us.
Colorado Secretary of State
Date and Time: 03/27/2014 02:52 PM
ID Number: 2011 1160724
Document number: 20141204160
Amount Paid: $25.00
SPACE Fltli ONT.'l' ISE ONLS
Articles of Amendment
tiled pursuant to §7-90-301, et seq. and §7-80-209 of the Colorado Revised Statutes (C.R.S.)
ID number:
I . Entity name:
2. New Entity name:
(if applicable)
20111160724
High Sierra Water Services, LLC
((/'changing the name ,/ the limited liebilitt' eeee,om,, indicate oe,ne bcJore the Wane chnagc)
3. Use of Restricted Words i('anl',, these
terin8 are contain, it! an entity name, n'ae
name e(an enti{y, trade name or trademark
stated in this ...MO, mark the applicable
4, Other amendments, if any, arc attached.
5, If the limited liability company's
period of duration as amended is
less than perpetual, state the date
on which the period of duration
expires:
NGL Water Solutions DJ, LLC
❑ "hank" or "trust" or any derivative thereof
❑ "credit union' ❑ "savings and loan"
❑ "insurance", "casualty", "mutual", or "surety"
or
If the limited liability company's period of duration as amended is perpetual, mark this box: ❑✓
6. (Optional) Delayed effective date: 03/31/2014 11:69 PM
(mm/dtlh:t?7')
Notice:
Causing this document to be delivered to the secretary of state for filing shall constitute the affinnation or
acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity
with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic
statutes, and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part, the constituent documents, and the organic statutes.
This perjury notice applies to each individual who causes this document to be delivered to the secretary of
state. whether or not such individual is named in the document as one who has caused it to be delivered,
7. Name(s) and address(es) of the
individual(s) causing the document
to be delivered for filing:
AMD_LLe
Laughlin William G.
(Last)
(,Middle)
Page 1 of 2 Rev. 12/01/2012
3773 Cherry Creek North Drive
Suite 10threetname and number orPost Office B.information)
Denver CO 80209
(Ci(v)
unWstates (PeatctiOp Code)
(Province — Jriapplicahle) (Country— if not US)
(The document need not state the Hue name and address of more than one individual. However, if,' wish to state the name and address
of any additional individuals causing the document to he delivered n,il/ing, mark this box ❑ and inchtde an attachment stating the
name and address of'such individuals.)
Disclaimer:
This form, and any related instructions, are not intended to provide legal, business or tax advice, and arc
offered as a public service without representation or warranty. While this form is believed to satisfy minimum
legal requirements as of its revision date, compliance with applicable law, as the same may be amended from
time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's
attorney.
AMD_LLC
Page 2of2 Rev', 12/01/2012
EXHIBIT 8
Limited Liability Company Agreement
AMENDED AND RESTATED
LIMITED LIABILITY COMPANY AGREEMENT
OF
NGL WATER SOLUTIONS DJ, LLC
a Colorado Limited Liability Company
This AMENDED AND RESTATED LIMITED LIABILITY COMPANY
AGREEMENT (this "Agreement") of NGL Water Solutions DJ, LLC (the "Company"), dated as
of lit day of April, 2014, is adopted, executed and agreed to by the sole Member (as defined
below).
1. Formation. The Company has been organized as a Colorado limited liability
company under and pursuant to the Colorado limited liability company Act (as amended form
time to time, the "Act"). The business of the Company shall be conducted under the name NGL
Water Rockies, LLC or such other names that comply with applicable law as the Member may
from time to time deem necessary or desirable.
2. Member. NGL Water Solutions, LLC, a Colorado limited liability company, shall
be the sole member of the Company (the "Member").
3. Contributions. Without creating any rights in favor of any third party, the Member
may, from time to time, make contributions of cash or property to the capital of the Company,
but shall have no obligation to do so.
4. Units. Ownership in the Company shall be represented by membership units
("Units"). Such Units shall not be represented by written certificates unless otherwise approved
by the Member. The Member is the record and beneficial owner of 1,000 Units, representing all
the issued and outstanding Units of the Company.
5. Distributions. The Member shall be entitled (a) to receive all distributions
(including, without limitation, liquidating distributions) made by the Company and (b) to enjoy
all other rights, benefits and interests in the Company.
6. Management. The powers of the Company shall be exercised by or under the
authority of, and the business and affairs of the Company shall be managed under the direction
of, the Member, which shalt make all decisions and take all actions for the Company.
Notwithstanding the foregoing, the Member may designate one or more persons, who may or
may not be members of the Company, as officers ("Officers") of the Company. Officers shall
have such rights and duties as maybe designated by the Member.
7. Indemnification.
(a) For purposes of this Agreement, "Person" shall mean an individual or a
corporation, firm, limited liability company, partnership, joint venture, trust, unincorporated
organization, association, government agency or political subdivision thereof or other entity.
(b) For purposes of this Agreement, "Indemnitee" shall mean: (i) the Member, (ii)
any Person who is or was a director, officer, fiduciary, trustee, manager (as such term is defined
in the Act) or managing member of the Company or the Member, (iii) any Person who is or was
serving at the request of the Member as a director, officer, fiduciary, trustee, manager (as such
term is defined in the Act) or managing member of another Person owing a fiduciary duty to the
Company or the Member; provided, that a Person shall not be an "Indemnitee" by reason of
providing, on a fee -for -services basis, trustee, fiduciary or custodial services, (iv) any Person that
controls the Member and (v) any Person the Member designates as an "Indemnitee" for purposes
of this Agreement.
(c) To the fullest extent permitted by law but subject to the limitations expressly
provided in this Agreement, each Indemnitee shall be indemnified and held harmless by the
Company from and against any and all losses, claims, damages, liabilities, joint or several,
expenses (including legal fees and expenses), judgments, fines, penalties, interest, settlements or
other amounts arising from any and all threatened, pending or completed claims, demands,
actions, suits or proceedings, whether civil, criminal, administrative or investigative, and whether
formal or informal and including appeals (collectively, any "Proceeding"), in which any
Indemnitee may be involved, or is threatened to be involved, as a party or otherwise, by reason
of its status as an Indemnitee and acting (or refraining to act) in such capacity; provided, that the
Indemnitee shall not be indemnified and held harmless pursuant to this Agreement if there has
been a final and non -appealable judgment entered by a court of competent jurisdiction
determining that, in respect of the matter for which the Indemnitee is seeking indemnification
pursuant to this Agreement, the Indemnitee acted in bad faith or engaged in fraud, willful
misconduct or, in the case of a criminal matter, acted with knowledge that the Indemnitee's
conduct was unlawful. Any indemnification pursuant to this Section 7 shall be made only out of
the assets of the Company, it being agreed that the Member shall not be personally liable for
such indemnification and shall have no obligation to contribute or loan any monies or property to
the Company to enable it to effectuate such indemnification.
(d) To the fullest extent permitted by law, expenses (including legal fees and
expenses) incurred by an Indemnitee who is indemnified pursuant to Section 7(c) in defending
any claim, demand, action, suit or proceeding shall, from time to time, be advanced by the
Company prior to a final and non -appealable judgment entered by a court of competent
jurisdiction determining that, in respect of the matter for which the Indemnitee is seeking
indemnification pursuant to this Section 7, the Indemnitee is not entitled to be indemnified upon
receipt by the Company of any undertaking by or on behalf of the Indemnitee to repay such
amount if it shall be ultimately determined that the Indemnitee is not entitled to be indemnified
as authorized by this Section 7.
(e) The indemnification provided by this Section 7 shall be in addition to any other
rights to which an Indemnitee may be entitled under any agreement, pursuant to the consent of
the Member, as a matter of law, in equity or otherwise, both as to actions in the Indemnitee's
capacity as an Indemnitee and as to actions in any other capacity, and shall continue as to an
Indemnitee who has ceased to serve in such capacity and shall inure to the benefit of the heirs,
successors, assigns and administrators of the Indemnitee.
(f) The Company may purchase and maintain insurance, on behalf of the Company,
its affiliates, the Indemnitees and such other Persons as the Company shall determine, against
-2-
any liability that may be asserted against, or expense that may be incurred by, such person in
connection with the Company's or any of its affiliate's activities or such Person's activities on
behalf of the Company or any of its affiliates, regardless of whether the Company would have
the power to indemnify such Person against such liability under the provisions of this
Agreement.
(g) For purposes of this Section 7, the Company shall be deemed to have requested an
Indemnitee to serve as fiduciary of an employee benefit plan whenever the performance by it of
its duties to the Company also imposes duties on, or otherwise involves services by, it to the plan
or participants or beneficiaries of the plan; excise taxes assessed on an Indemnitee with respect
to an employee benefit plan pursuant to applicable law shall constitute "fines" within the
meaning of Section 7(c); and action taken or omitted by it with respect to any employee benefit
plan in the performance of its duties for a purpose reasonably believed by it to be in the best
interest of the participants and beneficiaries of the plan shall be deemed to be for a purpose that
is in the best interests of the Company.
(h) In no event may an Indemnitee subject the Member to personal liability by reason
of the indemnification provisions set forth in this Agreement.
(1) An Indemnitee shall not be denied indemnification in whole or in part under this
Section 7 because the Indemnitee had an interest in the transaction with respect to which the
indemnification applies if the transaction was otherwise permitted by the terms of this
Agreement.
(j) The provisions of this Section 7 are for the benefit of the Indemnitees and their
heirs, successors, assigns, executors and administrators and shall not be deemed to create any
rights for the benefit of any other persons.
(k) The Company's obligation to indemnify and to prepay expenses under sub-
paragraphs (c) and (d) of this Section 7 shall arise, and all rights granted to the Indemnitees
hereunder shall vest, at the time of the occurrence of the transaction or event to which a
Proceeding relates, or at the time that the action or conduct to which such Proceeding relates was
first taken or engaged in (or omitted to be taken or engaged in), regardless of when such
Proceeding is first threatened, commenced or completed. No amendment, modification or repeal
of this Section 7 or any provision hereof shall in any manner terminate, reduce or impair the right
of any past, present or future Indemnitee to be indemnified by the Company, nor the obligations
of the Company to indemnify any such Indemnitee under and in accordance with the provisions
of this Section 7 as in effect immediately prior to such amendment, modification or repeal with
respect to claims arising from or relating to matters occurring, in whole or in part, prior to such
amendment, modification or repeal, regardless of when such claims may arise or be asserted.
8. Limitation of Liability.
(a) Notwithstanding anything to the contrary set forth in this Agreement and to the
full extent permitted by applicable law, no Indemnitee shall be liable for monetary damages to
the Company, the Member or any other persons who have acquired ownership interests in the
Units, for tosses sustained or liabilities incurred as a result of any act or omission of an
-3-
Indemnitee unless there has been a final and non -appealable judgment entered by a court of
competent jurisdiction determining that, in respect of the matter in question, the Indemnitee
acted in bad faith or engaged in fraud, willful misconduct or, in the case of a criminal matter,
acted with knowledge that the Indemnitee's conduct was criminal.
(b) To the extent that, at law or in equity, an Indemnitee has duties (including
fiduciary duties) and liabilities relating thereto to the Company or the Member, the Indemnitee
acting in connection with the Company's business or affairs shall not be liable to the Company
or the Member for such Indemnitee's good faith reliance on the provisions of this Agreement.
(c) Any amendment, modification or repeal of this Section 8 or any provision hereof
shall be prospective only and shall not in any way affect the limitations on the liability of the
Indemnitees under this Section 8 as in effect immediately prior to such amendment, modification
or repeal with respect to claims arising from or relating to matters occurring, in whole or in part,
prior to such amendment, modification or repeal, regardless of when such claims may arise or be
asserted.
(d) The Member, in its management capacity of the Company, may rely upon, and
shall be protected in acting or refraining from acting upon, any resolution, certificate, statement,
instrument, opinion, report, notice, request, consent, order, bond, debenture or other paper or
document believed by it to be genuine and to have been signed or presented by the proper party
or parties.
(e) The Member, in its management capacity of the Company, may consult with legal
counsel, accountants, appraisers, management consultants, investment bankers and other
consultants and advisers selected by it, and any act taken or omitted to be taken in reliance upon
the advice or opinion (including an opinion of counsel) of such persons as to matters that the
Member, in its management capacity of the Company, reasonably believes to be within such
person's professional or expert competence shall be conclusively presumed to have been done or
omitted in good faith and in accordance with such advice or opinion.
9. Dissolution. The Company shall dissolve and its affairs shall be wound up upon
(a) the consent of the Member or (b) the entry of a decree of judicial dissolution under the Act.
No other event will cause the Company to dissolve.
10. Creditors. None of the provisions of this Agreement shall be for the benefit of, or
shall be enforceable by, any creditor of the Company.
11. Invalidity of Provisions. If any provision or part of a provision of this Agreement
is or becomes for any reason, invalid, illegal or unenforceable in any respect, the validity,
legality and enforceability of the remaining provisions and part thereof contained herein shall not
be affected thereby and this Agreement shall, to the fullest extent permitted by law, be reformed
and construed as if such invalid, illegal or unenforceable provision, or part of a provision, had
never been contained herein, and such provision or part reformed so that it would be valid, legal
and enforceable to the maximum extent possible.
-4-
12. Amendment. This Agreement may be amended by the Member; provided, that
any amendment to this Agreement must be in writing and signed by the Member.
13. Governing Law. This Agreement is governed by and shalt be construed in
accordance with the laws of the State of Colorado (excluding its conflict -of -laws rules).
IN WITNESS WHEREOF, the Member has adopted, executed and agreed to this Agreement
effective as of the date first set forth above.
MEMBER:
NGL WATER SOLUTIONS, LLC
By:
William Ci Laughlin
Senior Vice President, General Counsel
and Secretary
-5-
EXHIBIT C
Certificate of Good Standing
OFFICE OF THE SECRETARY OF STATE
OF THE STATE OF COLORADO
CERTIFICATE OF FACT OF GOOD STANDING
I, Jena Griswold, as the Secretary of State of the State of Colorado, hereby certify that, according to the
records of this office,
NGL Water Solutions DJ, LLC
is a
Limited Liability Company
formed or registered on 03/16/2011 under the law of Colorado, has complied with all applicable
requirements of this office, and is in good standing with this office. This entity has been assigned entity
identification number 20111160724
This certificate reflects facts established or disclosed by documents delivered to this office on paper through
08/23/2022 that have been posted, and by documents delivered to this office electronically through
08/24/2022 08:13:20 .
I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this
official certificate at Denver, Colorado on 08/24/2022 @ 08:13:20 in accordance with applicable law,
This certificate is assigned Confirmation Number 14261045
.vwviedi
Secretary of State of the State of Colorado
Mat,'' A certificate issued rdeet ru,,,ntty Ira, the Colorado Stein, a( Ski, ti'!' Site 0 lirlly and innnediate/r valid and of i,',',•.
However, ice nn option, ib,, ,,,warn and validity of a certificate obtained elrerrnnlcallr may hr established by r'isiting the Validate a
C'er'tificate page ref the Secretart- crf State's Web site. http., , ,,sos.state,cv.to,boz.C:crti/icnteSearchC'rlleria.do entering the certificate's
conlirauaion number displayed on the certificate, and following the instruction; displayed. Carr/inning the icrrtanr'c I r r-rijieate lc ngr'Nt
antiraurl turd is aa, nc'c'easan to tier rrelicl arrd elrec'1ivS' Is.sr{t+rrcr tr1 a certificate. For more information, vrsit our [Pen site. hap,
ww .sos.surte.co.us/click "Businesses, trademarks, trade names" and select "FrequentlyAsked Qr,estions. "
NGL ENERGY PARTNERS LP
SECRETARY'S CERTIFICATE
The undersigned, Kurston McMurray, Executive Vice President, General Counsel
and Secretary of NGL Energy Holdings LLC, a Delaware limited liability company, general
partner of NGL Energy Partners LP ("Company') and its subsidiaries (including but not
limited to NGL Water Solutions DJ, LLC ("Subsidiary")), in such capacity, and not
individually, does hereby certify that he is the duly elected, qualified and serving Secretary
of the Company, and does hereby further certify as follows:
1. Doug White is the duly elected and qualified officer of the Subsidiary,
holding the office of Executive Vice President. Mr. White is duly authorized, empowered
and directed, in the name and on behalf of the Subsidiary to approve, execute and deliver
all agreements, instruments, certificates, instructions, documents and amendments,
supplements or modifications, including but not limited to acreage/lot splits, right-of-way
agreements and more specifically the recorded exemption process in Weld County,
including exemption plat vacation regarding Lot B, Recorded Exemption No. 1305-29-3
RE -3520 as well as any other real estate documents to be delivered by the Subsidiary.
2. Mr. White was appointed to the position of Executive Vice President on July
15, 2016, which was confirmed by Written Consent of the Board of Directors for the
Company and Subsidiary and has not been altered, modified or rescinded and remains
in full force and effect as of this date.
IN WITNESS WHEREOF, I have executed this Certificate in the name and on
behalf of the Company as of May 2, 2023.
NGL ENERGY PARTNERS LP
by and through NGL Energy Holdings, LLC,
its general partner
Kursi≤on IVIcNfurray, Secretary
COLORADO
•
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant:
Richard
Baumgartner
I
RE -3520 I
Planner:
KO
Legal
Description:
Part
SW4
Section 29.
T2N,
R64W
of
the
6th
P.M.,
Weld
County,
CO
Parcel
ID
#: 1305
29 000011
Lot C Size: n/a
Lot B Size: 112+/-
acres
Lot
A Size: 5+/- acres f
Water Source: Wells
Sewer S stem: Se
tic I
Yes No
X
X
X
X
X
X
Criteria Checklist
1 Conforms with Chapter 22 of the Weld County Code
and any adopted municipal plan.
2. Compatible with the existing surrounding land uses.
3. Consistent with the intent of the zone district.
4. Consistent with efficient and orderly development.
5. Complies with Recorded Exemption standards in
Section 24-8-80 of the Weld County Code.
6 Provides for adequate protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County.
Approved w'ith Conditions
The Weld County Department of Planning Services has determined through an administrative review that
the standards of Section 24-8-40.B.1 through 24-8-40.B.6 of the Weld County Code have been met. This
Recorded Exemption is approved with the following conditions in accordance with information submitted in
the application and the policies of Weld County.
1. A Weld County septic permit is required for any proposed home. The septic system shall be installed
according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations.
2. The Applicant has proposed a well as the source of adequate water for Lot B. Property owners are
advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic
Use Only," etc. Because each situation is unique, the Department of Planning Services encourages
property owners to contact the Office of the State Engineer, Division of Water Resources (1313
Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each
individual situation.
3. Prior to recording the plat:
5#10-
A. The plat shall be titled: Recorded Exemption No. 1305-29-3 RE -3520
c4DAll septic systems located on the property shall have appropriate permits from the Weld
County Department of Public Health & Environment. The Weld County Department of Public
Health and Environment was unable to locate a septic permit for the septic system located at
25473 Weld County Road 16, Keenesburg. Any existing septic system(s) which is not
currently permitted through the Weld County Department of Public Health & Environment will
require an I.S.D.S. Evaluation prior to the issuance of the required septic permit(s). In the
event the system(s) is found to be inadequate, the system(s) must be brought into compliance
with current I.S.D.S. regulations.
In accordance with Chapter 8, Article II of the Weld County Code, Lot B shall be granted one
residential/agricultural access. Direct access from a public road shall be limited to one access
per legal parcel for residential use, no circle drives or additional accesses shall be granted. The
road shall be graded and drained to provide all weather access. Accesses shall be placed in
such a location as to have adequate sight distance in both directions, shall not be placed below
the crest of a hill or where physical obstructions are present and shall be a minimum distance
of 75 feet from any intersecting County or State roadway.
Lot A shall use the existing residential access point as no additional accesses shall be granted.
All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld
County Department of Public Works to determine if a culvert is necessary at any approved road
access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld
County's minimum size. If the applicant chooses to place a larger culvert please contact the
Weld County Department of Public Works to adequately size the culvert.
Weld County Road 16 is designated on the Weld County Transportation Plan Map as a local
gravel road, which requires sixty feet of right-of-way at full build out. There is presently sixty feet
of right-of-way. A total of thirty feet from the centerline of Weld County Road 16 shall be
delineated right-of-way on the plat. This road is maintained by Weld County.
Weld County Road 51 is designated on the Weld County Transportation Plan Map as a local
gravel road, which requires sixty feet of right-of-way at full build out. There is presently sixty feet
of right-of-way. A total of thirty feet from the centerline of Weld County Road 51 shall be
delineated on the plat. This road is maintained by Weld County.
The Southeast Weld County Soil Conservation District has provided information regarding the
soils on the site. The applicant shall submit written documentation that they have reviewed the
information and will use it to positively manage on site soils.
I. The applicant shall provide the Weld County Department of Planning Services with a Statement
of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original
parcel.
All vehicles located on the property must be operational with current license plates, or be
screened from all adjacent properties and public rights of way, or be removed from the property.
All other items considered to be part of a noncommercial junkyard must also be removed from
the property or screened from adjacent properties and public rights -of -way.
K. The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located. Pursuant to the
•
definition of setback in the Weld County Code, the required setback is measured from
the future right-of-way line.
No building or structure as defined and limited to those occupancies listed as Groups A,
B, E, H, I, M and R in Table 3-A of the 1997 Uniform Building Code, shall be constructed
within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead.
Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any
wellhead shall require a variance from the terms of the Section 23-6-10 of the Weld
County Code.
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
3) All construction or improvements occurring in the flood plain as delineated on Federal
Emergency Management Agency FIRM Community Panel Map 080266 1025 C dated
September 28, 1982, shall comply with the Flood Hazard Overlay District requirements
of Chapter 23, Article V, Division 3 of the Weld County Code.
4) The installation of any septic system within the 100 -year flood plain shall comply with the
Weld County I.S.D.S. flood plain policy. In accordance with the State of Colorado I.S.D.S.
Regulations, no septic system shall be installed with in the floodway.
5) 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
Recorded Exemption number.
6) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lot B has an adequate water supply of sufficient
quality, quantity and dependability.
7) Potential purchasers should be aware that Lot B may not be eligible fora domestic well
permit which allows for outside irrigation and/or the watering of stock animals. The
State Division of Water Resources issues all well permits.
8) Potential purchasers should be aware that groundwater may not meet all drinking water
standards as defined by the Colorado Department of Public Health and Environment.
The Weld County Department of Public Health and Environment strongly encourages
well users to test their drinking water prior to consumption and periodically there after.
9) Potential purchasers should be aware that approval of this Recorded Exemption does
not guarantee that well permits will be issued for the lots. Any lot may be deemed non -
buildable if the lot owner is unable to obtain a well permit. The State Division of Water
Resources issues all well permits.
10) Prior to the release of building permits for any structure exceeding 3,600 square feet, the
applicant must comply with the requirements of Appendix III -A of the Uniform Fire Code.
11) Should noxious weeds exist on the property or become established as a result of the
proposed development the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code.
12) Effective January 1, 2003, Building Permits issued on the proposed lots will be required
to adhere to the fee structure of the Weld County Service Area Road Impact Program.
(Ordinance 2002-11)
• •
13) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive
agricultural counties in the United States, ranking fifth in total market value of
agricultural products sold. The rural areas of Weld County maybe open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with longstanding
agricultural practices and a lower level of services than in town. Along with the
drawbacks come the incentives which attract urban dwellers to relocate to rural area:
open views, spaciousness, wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring farms, those features which attract
urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area.
Well run agricultural activities will generate off -site impacts, including noise from
tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal
pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and
manure; smoke from ditch buming; flies and mosquitoes; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs
cannot simply be moved out of the way of residential development without threatening
the efficient delivery of irrigation to fields which is essential to farm production.
Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found
to be s public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with
agricultural production.
Weld County covers a land area of over 4,000 square miles in size (twice the State of
Delaware) with more than 3,700 miles of state and county roads outside of
municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols
of the county and the distances which must be traveled may delay all emergency
responses, including law enforcement, ambulance, and fire. Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to
emergencies. County gravel roads, no matter how often they are bladed, will not
provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after
a major snowstorm. Snow removal for roads within subdivisions are of the lowest
priority for public works or may be the private responsibility of the homeowners.
Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
Children are exposed to different hazards in the county than in an urban or suburban
setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical
power for pumps and center pivot operations, high speed traffic, sand burs, puncture
vines, territorial farm dogs, and livestock present real threats to children. Controlling
children's activities is important, not only for their safety, but also for the protection of
the farmer's livelihood. Parents are responsible for their children.
4. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar
plat along with all other documentation required as conditions of approval. The Mylar plat shall be
recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services'
Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-70 of the Weld
County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days
from the date the Administrative Review was signed. The applicant shall be responsible for paying
the recording fee.
5. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this
Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps(a?co.weld.co.us.
6. The Weld County Department of Planning Staff's approval of this Recorded Exemption Application
is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to
meet any one of these conditions within 60 days of approval, then this case will be forwarded to the
Weld County Board of County Commissioners with a staff recommendation for denial.
Planner III
Kirk Goble
The Bell 5 Land Company
1928 9'' Street. Suite A
Greeley, CO 80631
Date March 22, 2003
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