HomeMy WebLinkAbout20223528.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION OF TWO -LOT RECORDED EXEMPTION, RE -4653,
FOR REMOVAL OF LOT B - PV EAST LLC, C/O RICHARD JOHNSON
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 June 20, 2007, the Department of Planning Services approved Two -Lot
Recorded Exemption, RE -4653, and
WHEREAS, the Board has received a request from the current property owner, PV East,
LLC, c/o Richard Johnson, 5745 Waverley Avenue, Firestone, Colorado 80504-5857, to vacate
Lot B of Recorded Exemption, RE -4653, located on the following described real estate, to wit:
Lot B of Recorded Exemption, RE -4653; being part
of the SW1/4 of Section 15, Township 2 North,
Range 67 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 PV East, LLC, do Richard Johnson, for Partial Vacation of
Two -Lot Recorded Exemption, RE -4653, 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.
4876033 Pages. 1 of 2
CarlygKopp.,3 ®Clark and Rsoorder,,OWeld County , CO CC;pL(TP/MN) APPL.
11111 .06/23
2022-3528
RE -4653
PARTIAL VACATION OF TWO -LOT RECORDED EXEMPTION, RE -4653, FOR REMOVAL OF
LOT B - PV EAST, LLC, C/O RICHARD JOHNSON
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of December, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditif4A) c jeL, ,,k
Weld County Clerk to the Board
BY:
AP
County Attorney
Date of signature: 01 /03 /23
4878033 Pagss: 2 of 2
01/00/2023 01:22 PM R Fee:$0.00
11111
S ott K James, Chair
Lori Saine
man, Pro-Te
2022-3528
RE -4653
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Weld County Board of County Commissioners
From: Maxwell Nader, Planner
Subject: Partial Vacation of RE -4653
Hearing Date: December 19, 2022
Owners: PV East LLC c/o Richard Johnson
Legal Description: Lot B of Recorded Exemption Rc-4653; being a part of SW4 of Section 15, T2N, R67W of
the 6th P.M., Weld County, CO
Location: East and adjacent of County Road 19; north and adjacent to County Road 20
Parcel Number: 1311-15-3-00-002
Total Parcel Size: +/- 118.76 acres Zone District A (Agricultural)
Summary:
PV East, LLC c/o Richard Johnson requests to vacate Lot B, being the largest lot of a two -Lot Recorded
Exemption RE -4653, recorded November 26, 2007, reception #3519339. This partial vacation of Lot B of
RE -4653 would result in an approximately 118.76 acre unplatted parcel. Lot A of RE -4653 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 (Exhibit B) and the draft vacation plat map (Exhibit C).
Section 24-11-50.6 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.
►4q
Vacation of Lot B of RE -4653 I PV East, LLC c/o Richard Johnson
Page 1 of 2 --WE -L 3
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.
Exhibits:
A: RE -4653 plat
B: Vacation Request Letter
C: Draft Vacation plat
Vacation of Lot B of RE -4653 I PV East, LLC c/o Richard Johnson
Page 2 of 2
November 7, 2022
Vacation Request Letter
Re: Lot "B" Recorded Exemption (RE) -4653
To: The Weld County Commissioners
We are requesting the vacation of Lot B of Recorded Exemption (RE) 4653 which contains roughly 119
acres of undeveloped land in Section 15, Township 2 North, Range 67 West of the 6th PM in Weld
County. The site is located north of WCR 20 and east of WCR 19, The property was purchased on
7/28/2022 by PV East LLC.
The intent of the vacation is to allow for the future subdivision of the parcel into three (3) large separate
lots ranging in size from 37 acres to 42 acres. These parcels will eventually be sold and developed for
single family residential use.
Request of this vacation does not include any proposed improvements or changes to existing
easements, rights -of -way or oil and gas wells & facilities that are currently located on the parcel.
Please do not hesitate to contact me with any questions or concerns you may have.
Regards,
Richard KJohnson
Managing Partner PV East LLC
Phone: 303-877-0453
Email: rjdcolorado@gmail.com
VACATION PLAT
VACATION OF LOT B, RECORDED EXEMPTION NO. 1311-15-3 RE -4653
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C/0 MCfEE0ER5 RE, APPBu5A1 tl MANAOEMENi
Ill w. PLAtI£ A.EWE itMi MgicAx. CO 80]01
�we.l. Moore
STATE OF COIOgADO
1 o`er 4Xr°u e
RECORDED lXEMP
KIN RE -4053
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@weldgov.com.
Date: December 19, 2022
Time: 9:00 a.m.
Applicant:
PV East, LLC
c/o Richard Johnson
5745 Waverley Avenue
Firestone, Colorado 80504
Request: Partial Vacation of Two -Lot Recorded Exemption, RE -4653, for Removal of Lot B
Legal Description: Lot B of Recorded Exemption, RE -4653; being part of the SW1/4 of
Section 15, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado
Location: East of and adjacent of County Road 19; north and adjacent to County Road 20 (see
Legal Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: December 7, 2022
ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
RE -4653
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Owner
BU DD ROY
PV EAST, LLC
C/O RICHARD JOHNSON
Address
9370 BIRCH ROAD
City State Zip
LONGMONT CO 80504-5672
5745 WAVERLEY AVENUE FIRESTONE CO 80504-5857
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 -4653, in the United States Mail,
postage prepaid First Class Mail as listed above.
Dated the 7th day of December, 2022.
(jetnrcto latord.,
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
Extra Services & Fees (check box, add fee as appropriate)
❑ Return Receipt (hardcopy) $
❑ Return Receipt (electronic) $
❑ Certified Mail Restricted Delivery S
• Adult Signature Required $
• Adult Signature Restricted Delivery $
Postage
Total Postage and Fees
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PS Form 380,, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions
9590 9402 6749 1074 1336 58
U.S. Postal Service'
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.com"`'.
Certified Mail Fee
Si
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
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PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions
SENDER: COMPLETE THIS SECTION
■ Complete items 1, 2, anti
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
Pv toM- u.r�
�{D I7tChetrJ �hn°n
5145 lilQuerl2ii ALn,nL-C
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2. Article Number (Transfer from gpniir in kah&I
7019 2970 0000 1136 736
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COMPLETE THIS SECTION ON DELIVERY
A. Sigre
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❑ Agent
❑ Addressee
R ed by (Printed Name) C. Date of Delivery
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Is delivery acdress different from item 1? O Yes
If YES, enter delivery address below: ❑ No
3. Service Type
❑ Adult Signature
❑ Adult Signature Restricted Delivery
ertified Mail®
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(over ibCo)
Priority Mail Express®
Registered MailTM
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Delivery
Signature ConfirmationTM
Signature Confirmation
Restricted Delivery
PS Form 3811, July 2020 PSN 7530-02-000-9053
Domestic Return Receipt
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
11/17/2022
8:29:21 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 # 131115300002
Octia .1Aa,
11 z -
Signature
Date
Account
Parcel
Owner
Mailing Address
R8744600
131115000023
WOKERSIN DARLENE
9111 COUNTY ROAD 20
FORT LUPTON, CO 806218911
R8744700
131115000024
ANDERSON KAROL
9054 COUNTY ROAD 19
FORT LUPTON, CO 806219701
M8947107
131115100027
LOUKONEN MARJORIE
M8947107
131115100027
LOUKONEN KENNETH
9904 COUNTY ROAD 22
FORT LUPTON, CO 806219717
R3727005
131115100027
VASQUEZ LUCIO
9904 COUNTY RD 22
FORT LUPTON, CO 806219717
R3802105
131115200032
STREAR PROPERTIES -WILDCAT BASIN LLC
6825 E TENNESSEE AVE BLDG 1 # 235
DENVER, CO 802241628
R3802205
131115200033
STREAR PROPERTIES -WILDCAT BASIN LLC
6825 E TENNESSEE AVE BLDG 1 # 235
DENVER, CO 802241628
R4964608
131115300001 /
-A
BUDD ROY
9370 BIRCH RD
LONGMONT, CO 805045672
R4964708
131115300002
to -1-13
PV EAST LLC
5745 WAVERLEY AVE
FIRESTONE, CO 805045857
Parcels: 13
Owner Records: 14
Page 1 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
11/17/2022
8:29:21 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.
ittrekk tAtA ct
Signature
"1 I-11
Date
Property Owners Within 500 Feet of Parcel # 131115300002
Account
Parcel
Owner
Mailing Address
R8958866
131115400043
ROOSTER LAND COMPANY LLC
9743 COUNTY ROAD 16
FORT LUPTON, CO 806218909
R8970020
131116400021
WCR 19-20 LLC
5745 WAVERLEY AVE
FIRESTONE, CO 805045857
R5416386
131121000003
ANADARKO E&P ONSHORE LLC
ATTN: TRAVIS HOLLAND-APC PROPERTY
PO BOX 173779
DENVER, CO 802173779
R5419286
131122000013
ROOSTER LAND COMPANY LLC
9743 COUNTY ROAD 16
FORT LUPTON, CO 806218909
R0173590
131122000017
DEEPE CARL R FAMILY TRUST
C/O DANIEL J DEEPE
23055 SW SHUMWAY RD
DOUGLASS, KS 670398486
Parcels: 13
Owner Records: 14 Page 2 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
11/17/2022
8:29:21 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 # 131115300002
Parcels: 13
Owner Records: 14
Jan
Signature
Date
Page 3 of 3
PLAT VACATION APPLICATION
RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS
I FOR PLANNING DEPARTMENT USE: DATE RECEIVED: //NZ Z
PLANNER ASSIGNED:
PLAT INFORMATION
Title of plat to be vacated: / 311 / S 3 Re 1.16c3 S T__&erkiro4v
0 Complete Vacation (must include all lots)IMPartial Vacation of the largest lot (must be over 35 acres)
List of lots to be vacated:
Lot Parcel Number
6
13//1c`3Ot900Z-
Acreage Affected Easements
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name:
Company: r E/#4r L. LC
Phone #: 3 - „�? 7_ Dq� Email:
Street Address: ��vCO,40�,e1)0 e t,."0 i • e'O,417City/State/Zip Code: �y� iN����LEY
/ prove Co 4S'o.S1% '
APPLICANT/AUTHORIZED AGENT (Authorization must be Included if there is art Authorized Agent.)
Name: Re1j !/ + A /S,pN 4frp-Atp.7 �iCompany: ,D1/cAtsf/ �'c/���c"
Phone #: �y _
Street Address ►����.���h�/L� �O�j
S�'ys 1/u 00..e ecey
City/State/Zip Code: iv,e _sitewe
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 read and agree to comply with the regulations for complete or partial vacation of recorded exemption or
subdivision exemption.
aa
ature: r or rized Agent ate Signature: Owner or Authorized Agent Date
R A41 J ,,
Print: Owner or Authorized nt
Print: Owner or Authorized Agent
Ayr,...0.7
7/20/2021
Date
AUTHORIZATION FORM
I, (We), P V g7 .1/G , give permission to
(Owner — please print)
DEPARTMENTS OF PLANNING
BUILDING, DEVELOPMENT REVIEW
AND ENVIRONMENTAL HEALTH
1555 NORTH 17TH AVENUE
GREELEY, CO 80631
(Authorized Agent/Ap lican —please print
rNiliv/t giZi0 , 77 7`'�.iC
to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located
at (address or parcel number) below:
Legal Description: 5 W of Section /.5, Township,L/ N, Range 67 W
Subdivision Name: !N/4 /Q' / // �� )7465.7 Lot Block --1
Property Owners Information:
Address: 5- 7qc' /it/4G-ie e/ ,�l/�/l/i/L'� /e r nT-b-4 CG)
Phone: .3,05" 43 77 624"' T E-mail: ASP L.41(9/li0 e !/A1,.,9/C -ce
Authorized Agent/Applicant Contact Information:
Address: .9!/ IeGc-*/ ���yvE s /.DES "CG-vcf �c� 50,_5724
Phone: 3e, 3 - g 77- d!f E -Mail:
Correspondence to be sent to: Owner „LL Authorized Agent/Applicant IL by: Mail Email
Additional Info:
I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this
document, that the , mutton stated above Is true and correct to the best of my (our) knowledge.
/ r
Owner ig at `- `JJ�i /i/ � ' #1.44- Owner Signature
Subscribed and sworn to before me this 5, day of
My commission expires a, ,,O Lt\2D2� �!• 1/CAL,/
Date
20 Z Z by
Public
LAURA CRANDELL
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20074044549
MY COMMISSION EXPIRES 12/04/2023
MEMBER JOINDER IN
OPERATING AGREEMENT
OF
PV EAST LLC
•
mcnv its
Ind.�' (M ' acknowledge that 1 have read the Omagreeitting
bound m the MC ddred
Agreement), that I >
with
M batten hi the Company: m as a of the Company the
liembersidp Merest in t Comp,,
I wee that this Map lam is
dAgmenterd. effective is of ellywhig brio WO* Ioindrt,, I make
y enbotatind by and t wan eByt forth lm and
theobligatlime imposed an kiembers under the Agreemea d s below.
warranties fial tot alldude's'
!n the
AlPfelota agree to tito b rut and
paw to the q a i Y and to the It is my intention to be bound to the
Agree t. Just u if I was an origitW signatory and
am 61 am aware that , financial, and related matters in the Awes are
sought counsel ss with complex and to this Member
Joindert I
cuddly I� fbe: a oror ermined that
�0°� waive this right alter
Agreed and acknowledged:
PV East LLC
r in
Operating Agreement of East LLC
43of1
Bank Account RESOLVED: That the Eby lCr►t of a bate account at Points West Community mmunity Bank is
tlaa of Principal poke
RESOLVED:and t the �6)deal address is designated as the
primary destitution zbr receipt ofphysical mail:Company. principal office
5745 Waverley Avenue, Firestone, CO 80504
RESOLVED:
That meetings or another e the om ma held either at the principal office,
electronically.the RstlQaatlen of Prier Action y ermine.
RESOLVED: That all actions taken or contracts ca
taken or ordered intoany promoter. feted into up to this time, and all actions
fir
a the ►' are milled by Company ae incorporator, i dor Member, had as f individuals authority
ts toti act
Company at that tlme. though the individual full to
Antherizatlen Windt:unification
RESOLOLVED: That Company is authorized and d'
exfi tied under the laws of Colorado and to indemnify its current Members to
RESOLVED: RESOLs are entitled or of fif'toetion is not exclusive of other lawful rights to which the
Agreement.
any provision of the Anicles of
Organization or Operating
Authorization of Subchapter S Eleeden
RESOLVED: That the Members of the Com
WDorados under Internal 1tenY unanimously elect to qualify d a small
Man= c flloali titans and Revenue Code Section 1361 and authorize and Reeerdkeeper
under all action necessary to give effect to this election.
any
RESOLVED: That Richard K. Johnson is hereby appointed Recordkeeper.
DATED as of the 13• day of July 2022.
First Unanimous Written Consent ot'PV FAST
2of2
SCHEDULE A
SCHEDULE OF MEMBERS
Member
Richard K Johnson
Kenneth L. Becker
Initial Capital Contribution
50% (through loans)
0% (through loans)
Operating Agreement of PV East LLC
Schedule of Members
42 of I
Ownership
60% Membership Interest
(reflecting capital contribution
plus sweat equity)
40% Membership Interest
OPERATING AGREEMENT
OF
PV EAST LLC
This Ogg Agreement (Agreement) of PV East LLC
(Company), is made , a Colorado limited liability company
by the Members to provide for the governance and
Company and the rights and obligations of each Member regarding the Company.
om an . ions of the
Agreement is effective on July 13, 2022, and will apply to any Additional Members ad mittedin
accordance with its terms. In consideration of the mutual omises in this A
to this Agreement agree to be legally bound by its terms. greement, the parties
ARTICLE 1
DEFINITIONS AND INTERPRETATION
Section 1.1 Definitions
For purposes of this Agreement, the following terms have the following meanings.
(a) Act
Act means the Revised Limited Liability Company Act, as amended from time to time.
(b) Additional Member
Additional Member means any person not previously a Member who acquires a Membership
Interest and is admitted as a Member according to Section 17.07.
(c) Affiliate
Affiliate means any of the following persons or any person who controls, is controlled by, or
is under common control with any of the following persons:
a Member;
a Member's Immediate Family member; or
a Legal Representative, successor, Assignee, or trust for the benefit of a Member or any
Member's Immediate Family members.
For purposes of this definition, control means the direct or indirect power to direct or cause
the direction of the person's management and policies, whether by owning voting
partnership, or other ownership interests; by contract; or otherwise securities,
(d) Agreement
Agreement means this Operating Agreement, as amended from time to time.
(e) Applicable Law
Applicable Law means the Act, the Code, the Securities Act, all
agreements with any Governmental Authority and all pertinent ovovisions of any
Governmental Authority's: pertinent Provisions of any
constitutions, treaties, statutes, laws, common law, rules, regulations, decrees, ordinances,
codes, proclamations, declarations, or orders;
consents or approvals; and
Operating Agreement of PV East LLC
2 of 40
consent
does not confer or convey any tights is Memb
otherwise aadst by o of law or the °°� ° to the that do not
tier dm date of this of the fiber. If the Member marries or
remanies °0 ' t of sad Agreement,the Member shall obtain the new
consent to the existence and binding t of all re signature
A by doing aSpousal Consort in the attached form within 30 days after the Section 17.22 Determinationof Fib, Market Value mardage.
Imowledge Tbe FaMari* Value of any asset is the purchase price that a
willing buyer onimy date, without d hots would pey a wing seller for that asset an n'sle ving reasonable
Madrid Value is a Qme co and withoutany compulsion a n
(s� its man made by to based on or ill. Fair
bosham j„ ids mlowmt. the
nowt
MANAGER:
MEMBERS:
Operating Agreement ofPVEast LLC
MEMBER JOINDER IN
OPERATING AGREEMENT
OF
PV EAST LLC
Agreement of PV Bast LLC dated �rInber), acknowledge 3 that I have read the Operating
and agree to be bound to the Agreement as a Member '�oCo t)' that I know,thtits contents
Membership Interest in.the Company:Y with the following
Membership Interest in the Company:
Idelivering this Member Joinder. I make all agree that this Membership Interest is irrevocably bound by the Agreement By signing and
obligations effective as of the date ofure representations
wanes set in the
imposed on Members under the Agreement It isgree to fulfill be all bound ner the
Agreement as a'ei y and party to themy intention al to the
party to the Agewent just as if I was an original signatory and
I am aware
am acek� pmfbasional related matters in the Agreement are complex and that I
I guidance or counselatdetermwace or counsel with respectve Joinder.
right after miming the Agnement
carefully
Print Name:
Date:
Agreed and acknowledged:
PV East LLC
Print Name:
Date:
Member Joinder in
Operating Agreement of PV East LLC
1 of I
Bank Account
RESOLVED; That the establishment of a bank
account at Points West Community Bank is hereby
approved and adopted.Duignation
�PrinbPalOlgaeRESOLVED: That the
and the Cvmpsny'sprimary destination for eddies is d l the Comp�,s Phi o
receipt ofplly al Pal ?Mee
5745 Waveriey Avenue, Firestone, CO 80504 .
RESOLVED: That meetings of the
drolly, or atpMembers Y be held either mthe ipal office,
electrontermine
Ratification of Prior Actions.
RESOLVED: That all actions taken or contracts
� contracts entered �° by promoter, armed l'°t° � t° � � and all actions
taken
man►at , that re ratified
by the Comp, as though the individual had ha• as individuals acting for the ,
authority to act for the
Authorization of IadeaaaIMcad,m
Re OLVullest : That the Company is a�o�d and directed to
ttedu der'the laws of Colorado, =rent Mm's to
RESOLVED: That the ind
oII is not exclusive of other lawful rights to which the
Members are entitled orofany pr on of the Articles of Organization or
Authorkation of Subchapter S Elation Operating Agreement.
RESOLVED: That the Members � under Infer °f �C°�nY unanimously elect to qualify as a small business
undertake allandSection give
effect
to this and direct any Member to
Recoedkeepei. n° Y do Sete effect to this election.
RESOLVED: That Richard K. Johnson is of the 13a hereby
DATED 84 appointed Recordkee�,
day of July 2022.
First Unanhnous Written Consent of n BAST LLC
2of2
consent does not
otherwise exist confer or convey am rights in aqy Membership Intent to the
spouse that do not
by operation of law or the agreement of the Member. If the Member marries or
remarries after the date of this Agreement,Member shall obtain the new spouse's
aclmowledgment of and signature
by signing a Spousal Consent in the
and big of all restrictions in this
AgreementSection 17.22 Datermination of Fair etched form within 30 days attar the marriage.
r Market Value
The Fair Market Value of any asset is the
wouldabase price that a willing buyer having reasonable
knowledge of relevant
on any data, without Limoconstraints and pay a without sailer for that arrest in an arm's length transaction
Market Value is a
without being under any compulsion to
Manager(s), in its rbusiness n judgment, considers relevant. made by the �s� based b° or sell. Fair the
maned:
MANAGER:
chard
MEMBERS:
Kenneth L. Beaker
Operating Agreement of PV East LLC
40 of 40
E -RECORDED
4844882 07/28/2022 04:44 PM
Total Pages: 2 Rec Fee: $18.00
Carly Koppes - Clerk and Recorder, Weld County , CO
WHEN RECORDED PV EAST LLC, A COLORADO LIMITED UABILI Y COMPANY
RETURN TO: 5745 WAVE LEY AVE.
FWEBTONE, CO 80804
Welk
STATEMENT OF AUTHORITY
(136.30, 72, C.R.S.)
1. This Statement of Authority relates to an entity, named
PV EAST LLC, A COLORADO LIMITED UABIUTY CO141PANY
2. The type of entity is a:
Corporation Watered limited liability Partnership
Nonprofit Corporation ❑ Registered limited liability Limited Partnership
❑United Uebtifh Company C3 Limited Partnership Association
QGeneral Partnership ❑ Giovemment or Governmental Subdivision or Agency
United Partnership ❑ Trust
8. The entity i• formed under the laws of Colorado
4. Tha manng address
for the entity's 5713 WAVERLII T AVE., FIRESTONE, CO 80504
5. The ® name rig pin of each person attlhoAred to execute Instruments conveying
reel property on behalf of the entity Is RICHARD K JOHNSON AS MIUWIER , encumbering or otherwise affecting title to
6. The authority of the foregoing person(e) to bind the entity: Hie not limited ❑ le UMW as fellows :
7. Ot er metsre concerning the manner in which the entity deals with interests in real property:
8. This Statement of Authority Is exetxrted on behnf of the entity pursuant to the provisions of g3830-172, C.R.S,
S' �tiStateMent 01 Authority amends and supersedes In WI respects any and all prior dated Statements of Authority executed on
(Signature and Notary Acknowledp'enemt on Second Page)
"The kar awn at in am airm en RR's atonal ashy OM es rdeWor etaa�pucarrYonwist,.
PemshoMsutaseleseat so such **Son s�dtht,
'1m anima! ar+tmaAymat traaordsdtoatwoMaOmits ofmom .
Fenn 65 dosing/reoordings/eoa.htmi
25107715
(100272376)
1111 ! }' 1111111111111
4844882 07/28/2022 04:44 PM
Page 2 of 2
State of COLORADO
County of Doman
The foregoing instrument was acknowledged before me on this 2'5
by RICHARD K. JOINSON A$ UMW OF Pi EAST 1.«! A COLORADO day of
Wean my hand and official sei
MyComneeetanexp:es 025
Form" ...^0.9.9 dl boe.himl
-2022.
I AMANDA DANLMAN
( NOTARY PUBLIC - STATE OF COLORADO M
( NOTARY ID 20074008664
MY COMMISSION EXPIRES AUG 29, 2025
25197715 (100272376)
7/18/22, 9:01 AM
For this Record...
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20221878898
Colorado Secretary of State - Summary
PV East LLC
Good Standing Formation dab 07/13/2022
Form Limited Liablity Company
Jurisdiction Colorado
July
6745 Waveriey Ave, Firestone, CO 80504-5857, US
5745 Waverley Ave, Firestone, CO 80504-5857, US
Nerrw Richard K Johnson
Street address 5745 Waverley Ave, Firestone, CO 80504-5857, US
Mailing address 5745 Waverley Ave, Firestone CO 80
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80504-5857, US
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Colorado Secretary of State - Organization Record Confirmation
Organization Record Confirmation
Review and select "Confirm" if this entity is the correct business organization.
ID Number:
Nana:
20221878898
PV East LLC
Prinolpal seem Addreee: 5745 Weverley Ave, Firestone, CO.80504-5857, US
Principal Melling Address:
Registered Agent: Rlohard K Johnson
Realatered Agent 8tnet Address. 5745 Weverley Ave, Firestone, CO, 80504.5857, US
Reghtsnd Aged Moiling Address: 5745 Waventey Ave, Firestone, CO, 805045857, US
MMus:
Form:
Jurisdiction:
Farallon Data:
Good Standing
Limited Liability Company
CO
2022-07-13
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4844883 07/28/2022 04:44 PM
Total Pages: 1 Rec Fee: $13.00 Doc Fee: $32.50
Carly Koppes - Clerk and Recorder, Weld County , CO
Laid TIC
9M, NY, (IN.ap
Special Warranty Deed
(Pursuant to C.R.S. 38-30-113(1)(b))
Grantor(s), PARADIZE LLC, A COLORADO LIMITED LIABILITY COMPANY, whose street address is 921 INDIAN PEAK
ROAD, Golden, CO 80403, City or Town of Golden, County of Jefferson and State of Colorado , for the consideration of
(5325,000.00) ""Three Hundred Twenty Five Thousand and 00/100"' dollars, in hand paid, hereby sell(s) and convey(s) to PV
EAST LLC, A COLORADO LIMITED LIABILITY COMPANY, whose street address is 5745 WAVERLEY AVENUE, FIRESTONE,
CO 80504, City or Town of FIRESTONE, County of Weld and State of Colorado, the following real property in the County of Weld
and State of Colorado, to wit:
LOT B, RECORDED EXEMPTION NO. 1311-15-3 RE -4653, RECORDED NOVEMBER 26, 2007 AT RECEPTION NO, 3519339,
BEING A PART OF THE SW 1/4 OF SECTION 15, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF
WELD, STATE OF COLORADO
State Documentary Fee
Date: July 28, 2022
$32.50
"`EXCEPTING ANY AND ALL OIL, MINERAL, GAS, HYDROCARBON AND GRAVEL RIGHTS THEREUNDER AND/OR
APPURTENANT THERETO, WHICH ARE HEREBY RESERVED TO SELLER.'
also known by street and number as: TBD, Fort Lupton, CO 80621 ALSO KNOWN AS PARCEL NO.131115300002 IN THE
RECORDS OF THE COUNTY OF WELD, STATE OF COLORADO.
with all its appurtenances and warrant(s) the title to the same against all persons claiming under me(us), subject to Statutory
Exceptions and to any and all off -record matters and rlghts.of third parties not shown by the public records.
Signed thle day of July 28, 2022.
PARADIZE LLC, A COLORADO LIMITED LIABILITY
COMPANY
By:
WAYNE'DlZE, MEMBER
By: (N..*.,t_..r--) ,7 ..,
MARIAN PARKER SIZE, MEMBER
State of Colorado )
)Ss.
County of 13001,24 4:LC i
AMANDA DAHLMAN
NOTARY PUBLIC - STATE OF COLORADO
NOTARY ID 20074008664
MY COMMISSION EXPIRES AUG 24, 2025 I
The foregoing instrument was acknowledged before me on this day of July 28th, 2022 by WAYNE DIZE AND MARIAN PARKER
DIZE AS MEMBERS OF PARADIZE, LLC, A COLORADO LIMITED LIABILITY COMPANY
Witness my hand and official seal
My Commission expires: OS ' 29 Czity_
When recorded return 1o: PV EAST LLC, A COLORADO LIMITED LIABILITY COMPANY
5745 WAVERLEY AVENUE, FIRESTONE, CO 80504
Form 1090 closing/deeds/stalulory/awd_atatutory.html
25197715
(1002723761
Il i i III1111111 1IIII 111111N I III
COLORADO
..r
:lit]
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant:
Helen
Trust,
Marian
Parker
Jan
M.
Parker
Parker
Parker
Colorado
and
Hobbs,
Robin
RE -4653
Planner:
Roger Caruso
Legal
Description:
Lot
C of
RE
-2492;
Part
of
the SW4
of
Section
15,
T2N,
R67W of
the
6th
P.M.,
Weld
County,
CO.
Parcel
ID
#:
1311
15
000025
•
Lot
A Size:
34.9
acres
Lot
B Size:
119
+/- acres
+/-
Water
Source:
Lot
A:
Proposed
Well
Sewer System:
Lot
A:
Proposed
St.
Vrain
Lot
B:
Proposed
Well
Sanitary
Sewer
District
Lot
B:
Proposed
St.
Vrain
Sanitary
Sewer
District
Yes No
X
X
X
X
X
X
Criteria Checklist
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 24-8-40 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 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. The applicant has proposed a well as the source of adequate water for Lots A and 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.
2. Prior to recording the plat:
A The plat shall be titled: Recorded Exemption No. 1311-15-3 RE -4653.
B!--- Lots A and B shall use the existing agricultural / oil and gas / ditch road access points
necessary for agricultural operations as no additional accesses shall be granted.
All approved accesses shall be clearly shown on the plat.
�i County Road 19 is designated on the Weld County Road Classification Plan as a collector
road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of
right-of-way. An additional 10 feet shall be delineated on the plat as future County Road 19
right-of-way. All setbacks shall be measured from the edge of future right-of-way. The
applicant shall verify the existing right-of-way and the documents creating the right-of-way.
If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld
County.
E. County Road 20 is designated on the Weld County Road Classification Plan as a local
gravel road, which requires 60 feet of right-of-way at full build out. The applicant shall verify
the existing right-of-way and the documents creating the right-of-way. All setbacks shall be
measured from the edge of future right-of-way. If the right-of-way cannot be verified, it shall
be dedicated. These roads are maintained by Weld County.
The applicant shall delineate all existing oil and gas facilities and their associated setbacks
per Weld County Code Section 23-3-50.E.
G. The applicant shall address the requirements of the Weld County Department of Building
Inspection, as stated in the referral response dated May 24, 2007. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services.
H. The applicant shall attempt to address the requirements (concerns) of The Farmers
Reservoir and Irrigation Company, as stated in the referral response dated May 17, 2007.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services.
The applicant shall address the requirements of Weld County School District RE -8 as stated
in the referral response dated May 16, 2007. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services.
, - Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by
Section 24-8-10.B of the Weld County Code. Net acreage calculations should not include
reserved road right-of-way.
K. 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.
L. 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, F,H, I, M and R in Section 302.1 of the 2003 International 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 23-3-10 of the Weld County Code.
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-
20.C.1 of the Weld County Code.
4) 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.
5) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lots A and B have an adequate water supply
of sufficient quality, quantity and dependability.
6) Prior to the release of building permit, the applicant shall submit evidence of approval
from the Fort Lupton Fire Protection District to the Weld County Building Department.
7) The Applicant has proposed a well as the source of adequate water for Lots A and B.
Lots A and B may not share a domestic well.
8) Potential purchasers should be aware that Lots A and B may not be eligible for a
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.
9) 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.
10) 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.
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) 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.
13) 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)
14) Effective August 1, 2005, Building permits issued on the subject site will be required
to adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
15) Prior to the release of building permits on Lots A and B, the Lot owner shall verify
with the nearest Town/City or Sanitation District to determine the location of the
nearest sanitary sewer line. In accordance with the Weld County Code, if a sewer
line exists within four hundred (400) feet of the property line and the sewer provider is
willing to serve the proposed structure, a septic permit cannot be granted by the Weld
County Department of Public Health and Environment. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services.
16) The property owner acknowledges that mineral owners and lessees have real
property interests that entitle them to surface use in accordance with Colorado State
Statutes and applicable Colorado Oil and Gas Conservation Commission regulations.
(Department of Planning Services)
17) 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 burning; 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. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required sixty (60) days from the date the Administrative Review was
signed a $50.00 recording continuance charge maybe added for each additional 3 month period.
5. The Department of Planning Services respecffully 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(')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.
By I Date June 20, 2007
Roger Caruso ❖ Planner
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