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Home My WebLink About20230266.tiffRESOLUTION RE: APPROVE PARTIAL VACATION OF TWO -LOT RECORDED EXEMPTION, RE -3733, FOR REMOVAL OF LOT B - WESTERN EQUIPMENT AND TRUCK, INC. 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 February 10, 2004, the Department of Planning Services approved Two -Lot Recorded Exemption, RE -3733, and WHEREAS, the Board has received a request from the current property owner, Western Equipment and Truck, Inc., 2055 First Avenue, Greeley, Colorado 80631, represented by Adam Davenport, 1724 Gilpin Street, Denver, Colorado 80218, to vacate Lot B of Recorded Exemption, RE -3733, located on the following described real estate, to wit: Lot B of Recorded Exemption, RE -3733; being part of the NW1/4 of Section 15, Township 4 North, Range 66 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 Western Equipment and Truck, Inc., for Partial Vacation of Two -Lot Recorded Exemption, RE -3733, for removal of Lot B, be, and hereby is, approved, subject to the following condition: 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. 4879588 Pages: 1 of 2 01/31/2023 03:09 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO cc : PL. (TP/KN/MW), APPL.� APPL. REP. 02/43 /23 2023-0266 RE -3733 PARTIAL VACATION OF TWO -LOT RECORDED EXEMPTION, RE -3733, FOR REMOVAL OF LOT B - WESTERN EQUIPMENT AND TRUCK, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of January, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dayfet) ;� Weld County Clerk to the Board BY: APP ounty torney Date of signature: O1/3O/23 4879588 Pages: 2 of 2 01/31/2023 03:09 PM R Fee:$0.00 Carly Koppes, Clark and R®corder, Weld County , CO VIII ��l�'� Wu�l 'Vi�'�I�I� t h'r4�1 Q�YJ Mi MYI�h 11111 Mike Freeman, Chair EXCUSED Perry L. Buck, Pro-Tem SLbtt K. James evin D. Ross EXCUSED Lori Saine 2023-0266 RE -3733 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Weld County Board of County Commissioners From: Molly Nelson, Planner Subject: Partial Vacation of RE -3733 Hearing Date: January 23, 2023 Owners: Western Equipment Truck Inc Representative: Adam Davenport 1724 Gilpin Street, Denver, CO 80218 Legal Description: Lot B of Recorded Exemption RE -3733; being a part of the NW4 of Section 15, T4N, R66W of the 6th P.M., Weld County, CO Location: South and adjacent to County Road 46; Approximately 0.25 miles East of County Road 31 Parcel Number: 1057-15-2-00-045 Total Parcel Size: +1- 75.47 acres Zone District: A (Agricultural) Summary: The applicant requests to vacate Lot B, being the largest lot of a two -Lot Recorded Exemption RE -3733, recorded March 15, reception #3161756. This partial vacation of Lot B of RE -3733 would result in an approximately 75.47 acre unplatted parcel. Lot A of RE -3733 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. 2023-0266 '123 Vacation of Lot B of RE -3733 I Western Equipment Truck Inc Page 1 of 2 3133 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 -3733 I Western Equipment Truck Inc Page 2 of 2 NOVEMBER 16, 2022 DEPARTMENT OF PLANNING SERVICES WELD COUNTY COLORADO 1555 N. 17TM AVE. GREELEY, COLORADO 80631 TO WHOM IT MAY CONCERN, Please find enclosed herein the completed Plat Vacation Application to partially vacate Recorded Exemption No. 1057-15-2 RE -3733 (the "Application"). Specifically, the Application seeks to vacate the aforementioned -Record Exemption only as it relates to the largest of the lots created by the plat, Lot B (75.39 acres; Parcel No. 105715200045). Lot A shall remain unaffected by this Application and no easements or rights -of -way will be affected. The only improvements on Lot B are an existing Quonset hut on the N/2 of the property, and an earthen water augmentation structure on the S/2 of the property. The undersigned parties have submitted this Application so that the N/2 of the property may be conveyed separate from the S/2. In support thereof, the following documents are provided: 1. Complete Application Form; 2. Landowner Authorization Form; • 3. Landowner Incorporation Documents; 4. Landowner vesting deed; and 5. Draft Exemption Vacation Plat meeting the requirements of Code Section 24-11-50. Please direct any questions or requests for additional information to Adam Davenport, General Counsel, SunShare, LLC at 970-217-:7387 or adavenport@mysunshare.com SUNSHARE, LLC WESTERN EQUIPMENT BY: ITS: l_na,o BY: ITS: TRUCK, INC. 7'/i 15.41:§11M 1724 Gilpin Street. Denver. CO 80218 • info@mysunshare.com • 800.793.0786 • MYSuNSHARE.0OM VACATION OF LOT B OF RECORDED EXEMPTION NO. 1057-15-2 RE -3733 LOCATED IN THE NW 1/4 OF SECTION 15, TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO iNE EAMn rNLr r iK wRiNKs O rzR IR1N, xLC ee RCsI 0! 1NC e1N iPwxLiPK LW. 450 BEwO + PORigN Or RC[ORDCD J»J. rRCD w in[ NCLO CWxir LICFR :CPfgx NO J1612ae .w0 BCwL NORE LLOR5: RIP1gN K ALOND iNC NORM lW[ 'A— 1, la ASSUNCD 10 BC,UI xee'L: IeT • 22' KU,eNW c+P 1.5. I»520 10 + D.a" BCLw.0x0: RNCxC[ Lro NO IAA OWRIER xec.: let A nuxc[ d ».I,Je L. NOTES sU1NCVS♦ MMPwG. INL. 10GK CRYWC O/NCRSNiP d, [ASCwCNIs Or RCCONO. 11tlC 1Ng111M31 OUARCCR d eCCiRlx�f r+ND 6 SSUKD IOR BC+RK Of ueC+,'IBT + DKIANCC d 16ex.)6.r[n. 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CRKDUG GSCN[MS +K NO1 KfCClEO F iMS vK+igN UKESS INpIGiCD AS vKAICp Br R PUPOx 1� KLONPwnNc u,P •R:RCON. fR,r C/SCNCNI CRGICD Br iK ORCtwL UNO RCD[DIGi[Ot+i 15nM �RdD FCNi5-d-R+D +Rx[1x0( KL [[t[D Br t� vACAlgx� KsiCRN COuvvwt tRucR Rrt NOTARY CERTIFICATE By R1tN[SS xn/a SCC1bN 15 I S C N, ReeN, el � Kl0 COUNiv .N Ax0 rglfglNO INSiRUNCNi d tMl [Si+lE5 +t NOUNIuxrtCR OCR I l01 UK +DNSiNCxt N0. PUt. •AS KRxbKCDGCD NlC DAv Or 201x. '. OtC .wD OtM Script C. ORN[R5. N+ND +nD drw SUI. w COMYKSiON CxRRCi MOWA PUDLK BOARD OF COUNTY COMMISSIONERS APPROVAL. iw5 v+C+iqN PUl K APPRO,CD Br iNE e0+P0 d [OUNir COwKSgxCR5 d RCLO CWxM1, zl+rc d caoRADo. RnKss w N+ND +fq ME coRPowiC s[+L d xaD coum. txa ____ D+r w Or CMMIr A x./. ssclgx Is SURVEYOR CERTIFICATE i,N. ReeR, eM P.N. 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ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RE -3733 Owner FRANK AND DANA JONES Address 15366 COUNTY ROAD 46 WESTERN EQUIPMENT AND TRUCK INC 2055 FIRST AVENUE ADAM DAVENPORT 1724 GILPIN STREET City LA SALLE GREELEY DENVER State Zip CO 80645-7910 CO 80631-7219 CO 80218 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 -3733, in the United States Mail, postage prepaid First Class Mail as listed above. 1 0 a Dated the 11th day of January, 2023. treilk LC('l'tkC 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`1. WOES Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) D Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) O Certified Mail Restricted Delivery ❑ Adult Signature Required $ • Adult Signature Restricted Delivery $ $ Postage $ Total Postage and Fees Sent To 1 II Postmark Here ) tettet OQiire5 Str11tn`Apt. lyo., OrBkttq IR UZI. Li, Ci State, d PS Form 3800, April 2015 PSN 7530-02-000-9047 '74 f gel• a) f� X SENDER: COMPLETE THIS SECTION O gg U .- .. N o 76 o 0 v- m r L C -� ca Via) 17 L cti SN @ 715 W V) t tinted Name) h ci a) t; i CO Cv CC 2 .D a) 0 0 Q.Za.5 3722 -0 CCI ?.CO co 0 C E c 0 UU) C) w U a. U a) CC co a) co-0-a)a < <fpo M❑❑ ❑ C cu E C 0 Et? as c O) v% 0 .D a) U (a) a: C) > 0 .o 15 15 i U) Q 00 O 0 a) 0) 00 O C7 cts CV E 0 a) a E 0 ■ U N 112 0 O U a) 'a 5O Oth' 2 >' a) O cri U U O O N 1' -2 ``_ coo 00 O O w "- O -c .C �fl O C C 4—I M O C\--- ccoQo ■ ■ 1. Article Addressed to: 2028 8564 03 9590 9402 7331 Artinip Ni imher ITrancfAr from cPrvirP lahPI) a U] n - CI a CI a Lin rag a Domestic Return Receipt IIt) 0) O O O O co O CO LL 0 N cc E O 0_ U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com . Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery ❑ Adult Signature Required $ Adult Signature Restricted Delivery $ $ Postage $ Total Postage and Fees $ tkel YO Postmark Here a and Dwelt am) Stre ci6ptt , I PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions CO gln,31 -'72/R SENDER: COMPLETE THIS SECTION X a a) 0 CC m r• 0 o n E o(n }. 2 C D ca a) C a) o © «--- - Q) as 74 92 Q2 cc g_ La E X . . ct) cu c = .ro-a-a • 22 22Iii V) ® a) cU 4«) t c c Co a-cla cc cc C) co cr a)r t c c ❑ ❑❑ DO a, a) a) a" O C— In 01D O 2 a) o -& v) 44 U cc u) a) Cr, a� CC a)a)a) Q.O 2®cc.≥ — >,_ ) a - a) H roc cts ro ct 0 0 c��CC ... o 15 c- C) w c) J 5fi—= Co 'D "O O a) O O < Q O O O criDn ❑❑❑ Oa) O > .Q � o (-) U N ca UO � � U N O CI a r N as w O U U O O O (n L a) O -L. a-° Q ■ ■ ■ O MRS O T 00 co O T- CO O 0) O) 5 CI a A 0 a r-1 c Domestic Return Receipt CO rn 0 0 co N- O O a T" T- CO CO LL Co a. U, .-D .13 CI a a U] 1 N a U.S. Postal ServiceTM CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com F F 1 Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) O Return Receipt (electronic) ❑ Certified Mail Restricted Delivery Adult Signature Required $ 11 Adult Signature Restricted Delivery $ Postage Total Postage and Fees USE Sent Toill Dvinpb4 Street TA l 4 °S1 1 . i rt31-r&J City, • IP+4a J PS Form 3800, April 2015 PSN 7530-02.000-9047 Postmark Here See Reverse for Instructions 6/13/23, 9:56 AM USPS.com® - USPS Tracking® Results USPS Tracking® Tracking Number: 70171450000096746537 Copy Add to Informed Delivery (https://informeddelivery.usps.com/) Latest Update FAQs > Remove X Your package is moving within the USPS network and is on track to be delivered to its final destination. It is currently in transit to the next facility. Get More Out of USPS Tracking: USPS Tracking Plus® Moving Through Network • In Transit to Next Facility January 17, 2023 • • • Departed USPS Regional Facility DENVER CO DISTRIBUTION CENTER January 13, 2023, 3:47 am Arrived at USPS Regional Facility DENVER CO DISTRIBUTION CENTER January 11, 2023, 9:23 pm Hide Tracking History See More \/ Track Another Package Enter tracking or barcode numbers https://tools.uses.com/go/TrackConfirmAction?tRef=fullpage&tLc=3&text28777=&tLabels=70171450000096746537%2C%2C&tABt=false 1/2 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 1/9/2023 10:03:03 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, 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. dtturifTil. Signature , , 223 Date Property Owners Within 500 Feet of Parcel # 105715200045 Account Parcel Owner Mailing Address R4390586 105710000010 FIVE RIVERS RANCH CATTLE FEEDING LLC 4848 THOMPSON PKWY STE 410 JOHNSTOWN, CO 805346511 R4390986 105710000012 EWING JAMES L 15611 COUNTY ROAD 44 LA SALLE, CO 806457901 R6785253 105710300005 LUNDVALL ENERGY PARK LLC 15487 COUNTY ROAD 46 LA SALLE, CO 806457909 R6785254 105710300006 LUNDVALL ENERGY PARK LLC 15487 COUNTY ROAD 46 LA SALLE, CO 806457909 R4400086 105715000025 EWING DONNA M LIVING TRUST R4400086 105715000025 EWING LLOYD L FAMILY TRUST 15611 COUNTY ROAD 44 LA SALLE, CO 806457901 R4400186 105715000026 EWING DONNA M LIVING TRUST R4400186 105715000026 EWING LLOYD L FAMILY TRUST 15611 COUNTY ROAD 44 LA SALLE, CO 806457901 R4400786 105715000032 PETROCCO DAVID A & SUSAN K (23% INT TC) Parcels: 12 Owner Records: 16 Page 1 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 1/9/2023 10:03:03 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, 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. Cjgtit:thil Signature ci. 2023 Date Property Owners Within 500 Feet of Parcel # 105715200045 Account Parcel Owner Mailing Address R4400786 105715000032 PETROCCO FAMILY LTD PRTNSHP LLLP (77%) 14110 BRIGHTON RD C/O #2 150 ACRES & BLDG/BIN BRIGHTON, CO 806017318 R2936804 105715200044 JONES DANA J R2936804 105715200044 1 Lo 4- 14 JONES FRANK 15366 COUNTY ROAD 46 LA SALLE, CO 806457910 R2936904 105715200045 1_04-B, B, WESTERN EQUIPMENT TRUCK INC 2055 1ST AVE GREELEY, CO 806317219 R8967789 105715200050 CO LAND ACQUISITIONS LLC 1724 N GILPIN ST DENVER, CO 802181206 R8967790 105715200051 CO LAND ACQUISITIONS LLC 1724 N GILPIN ST DENVER, CO 802181206 R8960637 105715300049 AURORA CITY OF 15151 E ALAMEDA PKWY # 3600 AURORA, CO 800121555 Parcels: 12 Owner Records: 16 Page 2 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 1/9/2023 10:03:03 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, 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 # 105715200045 Parcels: 12 Owner Records: 16 ( )ft iittrrn • ttict u z k Signature Date Page 3 of 3 1 OT I HUWIT.TIC L_Oef ' PLAT VACATION APPLICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS I FOR PLANNING DEPARTMENT USE DATE RECEIVED. PLANNER ASSIGNED PLATINFORMATION Title of plat to be vacated: 105-1 - 1G - fae • 31 33 S T R O Complete Vacation (must Include all lots) ta"Partial Vacation of the largest lot (must be over 35 acres) List of lots to be vacated* Lot Parcel Number Acreage Affected Easements 16 1051)57•000Lk5 'f5.31' None. PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: c (`r,,,\ c- 5.po. r r© Company: WEc�FF,�', Phone #. glo• ,._._.33•(O4 ? Erna": c n Street Address: )0 5 5 l " Av, City/State/Zip Code: � sob 3 I APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.) Name: Ai! G m_ �2� _►� tin P .o r' _ .-_------- _.--- -- Company: Phone #: c rr o . 2i 1 13 is 7 Email: c, da vc n 90,4 - Street Address: f A, 5i-r_ees,L City/State/Zip Code:m1 �r 4s o lsc I (We) hereby depose and state under penalties of penury 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 Authonzed Agent signs, an Authorization Form signed by all fee owners must be included with the application. If the tee owner is a corporation, evidence must be included indicating the signatory has the legal authority to sign for the corporation I (We) have read and agree to comply with the regulations for complete or partial vacation of recorded exemption or subdivision exemption Signature C?y er oriiuttgor zed Agent PnrI( net-vr Au oozed Agent Date Signature Owner or Authorized Agent Date Print Darien or Authorized Agent DEPARTMENTS OF PLANNING BUILDING. DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1555 NORTH 17TH AVENUE GREELEY, CO 80631 AUTHORIZATION FORM Western Equipment & Truck, Inc. Adam Davenport I, (We). , give permission to (Owner — please print) (Authorized Agent/Applicant—please print) to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf. for the property located at (address or parcel number) below: Parcel No. 105715200045 Legal Description: Lot B, RE 1057-15-2 RE -3733 Subdivision Name: of Section 10 , Township 4 Property Owners Information: Address: 2055 1st Avenue. Greeley. CO 80631 N, Range 66 Lot Block W Phone: 970-353-6682 E-mail: sales@wetrucks.com Authorized Agent/Applicant Contact Information: 1724 Gilpin Street. Denver, CO 80218 Address: Phone: 970-217-7387 E -Mail: adavenport@mysunshare corn Correspondence to be sent to: Owner 0 Authorized Agent/Applicant [- l by: Mail Email This authorization is limited to actions necessary to complete the partial plat vacation referenced in the Additional Info: enclosed application packet. I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this document, that the information stated above is true and correct to the best of my (our) knowledge. Date Date Owner Si. '- re Owner Signature Subscribed and sworn to before me this IL no day of No ✓ e m 6 u . 20 2.- by Crag SfArrs My commission expires d f b c//.2o? 5 Notary Public 5118005 SPARROW {Cr ^ r vuBuc • STATE OF COLORADO ', 'v y ID #20054007728 My Cu.nmission Expires 2/24/2025 eed Document processing fee If document is filed on paper If document is filed electronically Fees & forms/cover sheets are subject to change. To file electronically, access instructions for this form/cover sheet and other information or print copies of filed documents, visit www.sos.state.co.us and select Business Center. Paper documents must be typewritten or machine printed. $125.00 $ 50.00 Colorado Secretary of State Date and Time: 07/26/2005 02:31 PM Entity Id: 19871508825 Document number: 20051285394 ABOVE SPACE FOR OFFICE USE ONLY Articles of Amendment filed pursuant to §7-90-301, et seq. and §7-110-106 of the Colorado Revised Statutes (C.R.S.) ID number: 19871508825 1. Entity name: 2. New Entity name: (if applicable) 3. Use of Restricted Words (if any of these terms are contained in an entity name, true name of an entity, trade name or trademark stated in this document, mark the applicable box): 4. Other amendments, if any, are attached. WESTERN EQUIPMENT & TRUCK INC. (lf changing the name of the corporation, indicate name BEFORE the name change) ❑ "bank" or "trust" or any derivative thereof ❑ "credit union" 0 "savings and loan" 0 "insurance", "casualty", "mutual", or "surety" 5. If the amendment provides for an exchange, reclassification or cancellation of issued shares, the attachment states the provisions for implementing the amendment. 6. If the corporation's period of duration as amended is less than perpetual, state the date on which the period of duration expires: (mm/dd/yyyy) OR If the corporation's period of duration as amended is perpetual, mark this box: ❑✓ 7. (Optional) Delayed effective date: Notice: (mm/dd/yyyy) 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 AMD_PC Page 1 of 2 Rev. 6/15/2005 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. 8. Name(s) and address(es) of the individual(s) causing the document to be delivered for filing: Sparrow (Lou) 2055 1st Ave Craig R (First) (Middle) (Suffix) (Street name and number or Post Office information) Greeley (City) CO 80631 (State) (Postal/Zip Code) United States (Province - if applicable) (Country - if not US) (The document need not state the true name and address of more than one individual. However, if you wish to state the name and address of any additional individuals causing the document to be delivered for filing, mark this box ❑ and include an attachment stating the name and address of such individuals.) Disclaimer: This form, and any related instructions, are not intended to provide legal, business or tax advice, and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. AMD_PC Page 2 of 2 Rev. 6/15/2005 Corporate Bylaws July 15, 2000 Legal Business Name:Western Equipment and Truck Inc. Legal Business Address:2055 1st Ave Greeley, CO 80631 Contact telephone numbers:970-353-6682 800-423-7700 970-352-7315 fax Corporate Officers:Craig R. Sparrow-President/Secretary Brian C. Sparrow -Vice President Authorized Signers:Craig R. Sparrow-President/Secretary Brian C. Sparrow -Vice President Subsidiaries:WETCO Farms Inc. Glendale Properties Stock Shares:10,000 total shares 5,000 owned by Craig R. Sparrow 5,000 owned by Brian C. Sparrow Stock Stipulations:Stock shares are not transferable unless determined in a Buy -Sell agreement between Craig R. Sparrow and Brian C. Sparrow. Financial Obligation:Craig R. Sparrow and/or Brian C. Sparrow are authorized to obtain financial obligations as needed. Director Meetings:Corporate meetings will be held once a year or as needed. Corporate Records:All corporate records pertaining to Western Equipment and Truck Inc. and its subsidiaries will be kept at the legal address (2055 1st Ave., Greeley, CO 80631). Responsibilities:All duties and business decisions will be shared between Craig R. Sparrow and Brian C. Sparrow. In the absence of one of the above named owners, the remaining owner will make decisions. Business Functions:The primary function of the business is to buy and sell used trucks and equipment. In addition, farms, raises cattle, land development and operates Glendale properties. as agreed upon on July 15, 2000 by: Craig R. Sparrow, President Brian C. Sparrow, Vice President July 15, 2000 Meeting minutes: On July 15, 2000, the Board of Directors For Western Equipment & Truck, Inc. held a meeting. Brian C. Sparrow and Craig R. Sparrow, sole owners and managers of Western Equipment & Truck Inc., were present. As agreed in the June 1, 1999 meeting, 100% of the company stock will be transferred to Brian C. Sparrow and Craig R. Sparrow and distributed as follows: Brian C. Sparrow - 50% Craig R. Sparrow - 50% First on the agenda is corporate restructure. Craig R. Sparrow will hold position of President/Secretary for Western Equipment & Truck, Inc. and WETCO Farms Inc. Brian C. Sparrow will hold the position of Vice President for Western Equipment and Truck and WETCO Farms Inc. All present answered aye. The motion carried. Second on the agenda is creating new Bylaws. New Bylaws were written and submitted to the corporate records. All present answered aye. The motion carried. No further business. The meeting was adjourned. DIRECTOR, AV J}L r E 2 7? -5,74/2/70... DIRECTOR: /sill - ':N C SPq.7R o •' DIRECTOR: ERplzN c SAAR Po &SPE?OED 9/30/89 IF TwE c 1999 REPORT DOMES' 1990 REPfBii & PENALTY DOMES' REINS FEE FORE10 FDREiD TOTAL THIS DOCUMENT MUST BE TYPED 1 AINCIPALPLPCEO0U51NESSINCOLDOIINCLUDEZIPCOOE) DO NOT WRITE IN THIS SPACE i a f) . / s r /Iv; _ OFFICE USE ONLY Co 8063/ PRINCIPAL PUCE Of 6USINES HOME STATE JIRO... ZIP CODEI OUT OF STATE ' CORPS. ONLY TATE7, COUNTRY OF INCORPORATION A CHARACTER OF 9USINESS OR AFFAIRS CONDUCTED IN COLORAD 3 is n7 AF: Sc""tc2.✓C• c.a B�Cv z ,17C epL.oRr-Too 4,JA %R.9". zs :L PROfiT (BUSINESS) CORPORATIONS MUST COMPLETE A, B. AND C. ATTACHMENTS ARE ACCEPTABLE SHARES AUTHORIZED AND ISSUED (ONDATE OF THIS REPORT OR IMMEDIATELY PRIOR FISCAL YEARI CLASS SERIES rA kIUMBER AUTHORIZED B PAR VALUE nNUMBER ISSUED g 0 /O. O0- CoryIMOAI OFFICERS'N dt.hicOADDRESSES Colorado Corporahonsmust list at least two different individuals: the offices., President and Secrerorymayrlotbe heltl by the same individual. ADDRESS ZIP CODE NAME a o �O is 3 \ wr7tT.e .7 R 5��.?Real /I`ai0 35 r7r Avg �j ,7rxrtrY PRESIDENT. G o poi 3 / VICE-PRESIDENT: CRAsG '� S�.�r?,�Or.0 .2005' /s 7'/}yc G�CEGEi do63/ SECRETARY: /7RLee, c Slit .P7�Ow 7/30 :t.!"r/r Ar/e a, EeLrV c ASST SECRETARY: PoLao o'I o TREASURER: $,4ZRN ,$�4RPOW 3'/o 9 /a r 1 Ave-EV4.1/s c o DIRECTORS' NAMES AND ADDRESSES ATTACHMENTS ARE ACCEPTABLE Coorado Prolh Corporationsmuatliaratlea�ttnrw, ptthatthereneedbao^lyasmanydirectorsaatnere aro shareholders i, ts7c,e nttnat Meoutstantlin9 shares are heltl of record by fewer than thre9 sharehOWere: COLORADO NONPROFIT CORPORATIONS MUST LIST AT LEAST ONE DIRECTOR. NAME ADDRESS ZIP CODE - //Ro .2�TnaI� (�?EEG,y <0 r.L3/ da 4, G'�tG Ey eo 3y01 7Sr0 ,4 aR6-4,0, eo 9oij0 (FEEI IPENAL , rnTALunpuNT DUE 15. 50: E'er m.ao WALTER SPARROW $150.00 ?A55 1 CT aRF Mk. MU 12/31/90 IfyOur ,fist ed agentand/orotlice hascnanyw.r...--•••- ^e ^ew narnea^dadtlress nacWWor�li�Z'S',.13'tul:sand nneoto r. �UT 90CH�i511Z1A5. THE AUTFit: RIZED AGENT. �\ J Nonprofit corporations oM meitinst phan enmust l or w� noted.. P.O. BOX NOT ACCEPTABLE• fbnplbllt o:orpbretlona maMYg change A) The complete street address of the Corporation's REGISTERED OFFICE shall be changed to: ,A(,hUn`r aaSS l7T /4,,t0 Le, 42,4,,:y eo (-DR400 <9063/ Itl Bl The name of the corporation's REGISTERED AGENT shah be changed to: Colorado law requires iha Corporate Report to ba signed by ONLY me Corporation's Presidents Vice -President, Secretary for assistant) or Treasurer. For a JFOREIGN Cprporedon wiMout such oflicere, an authonaatl agent may sig^. Under penalties prescribed in Title 7, C.R.S. 'declare that this report has been examined by me and to me best of my knowledge and belief, is true. correct TITLE SZ C rC ErAR `f and complete. � i1 :TEL-0,-9o DP871508825 WESTERN EQUIPMENT TRUCE INC. alum) STATE OF COUNTY OF Subscribed and sworn to before me this day of My commission expires IF CORPORATION W/IICH 15 CNANOING THE REGISTERED AGENT AND/OR OFFICE, THIS DOCUMENT sEUBT BE NOTARIZED. Notary Public / AFTER RECORDING PLEASE RETURN TO: Western Equipment & Truck. Inc. 2055 1a Avenue Greeley, Colorado 80631 4870443 Pages: 1 of 3 12/03/2022 01.42 PM R Fee:y23.00 D Fee:$0.00 Carly ULi Clerk and Reoorde� Weld Counly CQNOM Xivi, III QUITCLAIM DEED THIS DEED, made this 1day of December, 2022. between Western Equipment & Truck, Inc., a Colorado corporation. Grantor, and Western Equipment & Truck, Inc., a Colorado corporation with an address of 2055 1" Avenue. Greeley, Colorado 80631. Grantee: WITNESSETH, that Grantor, for and in consideration of the sum of One Dollar, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has remised. released, sold, and QUITCLAIMED, and by these presents does remise, release, sell, and QUITCLAIM unto Grantee and Grantee's heirs, successors, and assigns. forever, all the right, title, interest, claim, and demand which Grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Weld. State of Colorado. described as follows: See Exhibit A. TO HAVE AND TO HOLD the same. together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining. and all the estate, right, title. interest and claim whatsoever, of Grantor, either in law or equity. to the only proper use, benefit and behoof of Grantee and Grantee's heirs, successors, and assigns forever. IN WITNESS WHEREOF, Grantor has caused this deed to be executed on the date set forth above. GRANTOR: WESTERN EQUIPMENT & TRUCK, INC.. a Colorado corporation By: Name: Craig o Its: Presi STATE OF COLORADO ) ss. C'0[iNTY OF WELD nIbeta m kr The foregoing instrument was acknowledged before me this a day of Neaertrber, 2022 by era:4k Sexrro„ . as eof Western Equipment and Truck. Inc.. a C olorkdo corporation. My commission expires a.1a,11.=oz5 ,0 Mme" Notary Public SHARON SPARROW NOTARY PUBLIC - STATE OF COLORADO Notary ID 820054007724 My Commission Expires 2/24/2025 4870443 Pages: 2 of 3 112/85/2022 01:42 Clerk Pnd a oee:52 0 0 Fee:$0.00 N�iifl�4111eliiri �tti ht, LILIAtii{1111 EXHIBIT A Lot B. Recorded Exemption No. 1057-15-2 TE-3733 as per the plat thereof recorded March 15. 2004 at Reception No. 3161756, being a part of the East '/2 of the Northwest V. of Section 15. Township 4 North. Range 66 West of the Sixth Principal Meridian. County of Weld. State of Colorado. RECORDED EXEMPTION NO. 1007-15-2 RE -3733 E 1/2 NMI 1/4 SECTION 16, T. 4 N., R. 66 MI., 6th P.N. (MELD COUNTY, COLORADO • f , 14389 1/1 �. r ...-..•... ,_.r. _.... a....,... • .a '.r..?N '!'v:-s}wv Ivor..« -u... .• �..e T ` ._.`., I rV Twl �OI�T »lIMO1fM� MC 11 I I ■VI M�VI MC1bMK�.�A. IIM r. M�►Y •6D COI/►t, CYlO�iO • _ •tit . _.. N.�. _.'�. _... NC SKL18057 WN 3161756-2004.001 re -GRIT] WI P DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Western Equipment & Trucking Inc. Craig Sparrow do Sharon Miller RE -3733 Planner: J. Hatch Legal Description: E2 NW4 of Section 15, T4N, R66W of the 6T" P.M., Weld County, CO Parcel ID #: 1057 15 000029 Lot C Size: n/a Lot B Size: 75 +/- acres Lot A Size: 5 +1- acres Water Source: Central Weld County Water District Sewer System: Septic Yes No X Criteria Checklist 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 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. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 1057-15-t2E-3733 B. In accordance with Chapter 8, Article II of the Weld County Code, Lot A 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. C. Lot B shall use the existing agricultural / oil and gas / ditch road access points necessary for agricultural operations as no additional accesses shall be 'granted. D. 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. County Road 46 is designated on the Weld County Road Classification Plan as collector status road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 40 feet from the centerline of County Roads 46 shall be delineated right-of-way on the plat. This road is maintained by Weld County. F. The applicant shall address the requirements of Weld County School District RE -1 as stated in the referral response dated January 21, 2004. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. G. The property is in violation of Chapter 23 of the Weld County Code (Violation #0300263). The applicant shall complete and submit a Use by Special Review application and Excavation permit application to the Department of Planning Services and Building Inspection. H. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. The following notes shall be placed on the plat: 1) 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 One. 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 23-3-50 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) 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. 4) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot A and B have an adequate water supply of sufficient quality, quantity and dependability. 5) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29- 1-20 and Section 29-3-20 B.13 of the Weld County Code do not need building permits, however a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 6) 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. 7) 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. 8) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 9) Potential Purchasers are hereby notified that a confined animal feeding operation (SUP -20, Monfort) is located approximately 'A mile west of the property. Off -site impacts that may be encountered include noise from trucks, tractors and equipment; dust from animal pens and odors from animal confinement, silage, and manure. 10) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch 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 a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 3. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 4. 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 maos(fco.weld.co.us. 5. 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. By Date February 10, 2004 Jacqueline Hatch + Planner Hello