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Home My WebLink About20221945.tiffRESOLUTION RE: APPROVE PARTIAL VACATION OF TWO -LOT RECORDED EXEMPTION, RECX13-0060, FOR REMOVAL OF LOT B - CBEP LAND 2, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on July 3, 2013, the Department of Planning Services approved Two -Lot Recorded Exemption, RECX13-0060, and WHEREAS, the Board has received a request from the current property owner, CBEP Land 2, LLC, 4845 Pearl East Circle, Suite 118, #53242, Boulder, Colorado 80301-6112, to vacate Lot B of Recorded Exemption, RECX13-0060, located on the following described real estate, to wit: Lot B of Recorded Exemption, RECX13-0060; being part of Section 34, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said partial vacation, 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. A pipeline easement, created in 2008, will remain on the property. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of CBEP Land 2, LLC, for Partial Vacation of Two -Lot Recorded Exemption, RECX13-0060, for removal of Lot B, be, and hereby is, approved, subject to the following condition(s): 1. As described in Sections 24-11-50.H and 24-11-50.1 of the Weld County Code, the applicant shall submit an exemption vacation plat and deed to the Department of Planning Services within ninety (90) days for review. Upon acceptance, the plat shall be signed by the property owners and shall be submitted for recording, along with the recording fee, to the Department of Planning Services. The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder. 4843562 Pages: 1 of 2 07/21/2022 01:48 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO CC :PLOP/mW/DA), gPPL. 7/26/22_ 2022-1945 RECX13-0060 NI) r gN"Ill PARTIAL VACATION OF TWO -LOT RECORDED EXEMPTION, RECX13-0060, FOR REMOVAL OF LOT B — CBEP LAND 2, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of July, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dit,f4,0 •.1►%t.� Weld County Clerk to the Board ounty Attorney Date of signature: 1- �) - a cl 4843562 Pages: 2 of 2 07/21/2022 01:48 PM R Fee:$0.00 Carly Koppes, Clerk and R®corder, Weld County , CO 11111 Slott K. James, Chair 2022-1945 RECX13-0060 DEPARTMENT OF PLANNING SERVICES MEMORANDUM TO: Weld County Board of County Commissioners FROM: Diana Aungst, Planner II SUBJECT: Vacation of Lot B of Recorded Exemption 0803-34-3 RECX13-0060 HEARING DATE: July 11, 2022 APPLICANT/OWNER: CBEP Land 2, LLC c/o Zach Brammer, James Cleland, Rebecca Gallery, and Alexander Shobe REPRESENTATIVE: Moye White LLP c/o Bobby W. Dishell, 1400 16th St., 6. floor, Denver, CO 80202 LEGAL Lot B of Recorded Exemption RECX13-0060, being a part of Section 34, T6N, DESCRIPTION: R65W of the 6. P.M., Weld County, Colorado LOCATION: South of and adjacent to CR 64 and approximately 0.25 miles east of CR 43 PARCEL SIZE: +/- 113.39 acres PARCEL NUMBER: 0803-34-2-00-002 ZONE DISTRICT: A (Agricultural) NARRATIVE: On April 13, 2022, the Department of Planning Services received the attached vacation request letter signed by Mr. Zachary Brammer representing CBEP Land 2, LLC requesting a partial vacation of the plat of Recorded Exemption RECX13- 0060, recorded November 13, 2013, reception #3977741 to vacate Lot B. There is a pipeline easement on the property that was created in 2008 and it will remain on the property. The Lot A is owned by Russel and Dorothy Ray and is not a part of this request. Lot A has access to CR 64 and Lot B has access from CR 64 and CR 62. Notice to the property owners of Lot A was sent at least ten (10) days prior to the hearing by the Clerk to the Board. The resulting parcel will be larger than thirty-five (35) acres. A draft vacation plat is also attached and requires minor revisions prior to recording. A metes and bounds description for the lot to be vacated has been included on the draft vacation plat. 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 2022-1945 Page 1 of 2 complete and include the vacation request letter and the draft vacation plat map. Section 24-11-50.6 of the Weld County Code, states, in part, "Partial vacations 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 lots withing the same plat." The Department of Planning Services staff has reviewed this request and recommends that this request be approved for the following reasons: 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. 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. Page 2 of 2 VIA FEDERAL EXPRESS AND EMAIL Weld County Department of Planning Services 1555 N. 17. Avenue Greeley, CO 80631 Re: Vacation Request Letter for partial Plat Vacation To Whom This May Concern: This letter is a Vacation Request Letter, which is being submitted as part of the application for a partial Plat Vacation of Recorded Exemption 0803-34-3-RECX13-0060 ("Vacation"). This Vacation is being requested to allow us to fully exercise our rights to create distinct parcels of land when each parcel is greater than thirty-five acres (See C.R.S 30-28-101). This will enable us to generate more revenue from our property by enabling us to enter into mom leases and have different uses on parcels instead of being limited by one parcel. The improvements that currently exist are: • A concrete silage storage area i • An oil and gas production facility, including an oil tank batery • A buried oil or gas pipeline. • A wood bridge across a concrete irrigation ditch with culverts and concrete irrigation structures • Field roads • A water well • An electricity pole and associated facilities The improvements are shown in greater detail on the attached survey. While no easements are being vacated as part of this Vacation, the following easements affect the property: • A Lateral Ditch Water Easement recorded March 12, 1873 in Book 8, Page 319 • A pipeline and facilities easement recorded February 26, 2008 at Rec. No. 3537435 • Easement rights associated with the Sand Creek Ditch recorded December 2, 1883 in Book 23, Page 604 and April 18, 1885 in Book 39, Page 370 • Ditch Easement rights detailed in that deed recorded March 24, 1883 in Book 114, Page 32 • Electric Transmission and Distribution Easement recorded March 10, 1958 in Book 1498, Page 347 • Easement Rights contained in that Surface Use Agreement recorded December 3, 2008 by and between Flos Four Limited Liability Company and Noble Energy, Inc. We are available to provide any supplemental information that is needed or answer questions you may have. Sincerely, Zachary Brammer CBEP Land 2, LLC Enclosure Cc: Bobby Dishell bobby.dishell@moyewhite.com • K4 CATIONOFLOT B AXE MPTIONNOO 0608-84-8 HECXr8 - 0060, h LD COUNTK COLORADO LOCATION MAP (Not To Scale) PROJECT SITE 9 M 9 LESIALREMBIEIMMIAGELIFJ2zeacct BEING LOT B. RECORDED EXEMPTION NO 0603-34-3 RECXI3.OOI0, AS RECORDED NOVEMBER 13. 2013 AT RECEPTION NO 3077741. AND BEINGA PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER AND A PORTION OF THE WEST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP SIX NORTH, RANGE SIXTY FIVE WEST OF THE SIXTH PRINCIPAL MERIDAIN. COUNTY OF WELD. STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT A FOUND 3W REBAR WITH A 3-174' ALUMINUM CAP STAMPED "MELD COUNTY. PLS 2352W FOR THE NORTH 114 CORNER OF SAID SECTION 34 PROPERTY OWNERS CERTIFICATE I (Wm), the undersigned, bring the sole owners in lee of the above dascr47W property. do hereby partiaay vacate the lend dwlsron pat of record now recognized as an unpinned tract of lend Sonn Natural Resounx PaRnen. LLC Date BOARD OF COUNTY COMMISSIONERS APPROVAL. This vacation pat a approved by the Board of County Commwanaa of Wad County, State of Colorado Witness my rand and the corporate seal of Weld County Mr _ of . 20 CHAIR. BOARD OF COUNTY COMMISSIONERS ATTEST V1ted County Clerk to Vie Board BY Date Deputy Clerk to the Board NOTARY State of ) SS. County of TM foregoing instrument was acknowledged before me nag day of . 20 by Sonn Ragout= Partners LLC My Commawn Expires Notary Pubic. Wanes, my hand and seal THIS IS TO CERTIFY THAT THIS PLAT REPRESENTSA SURVEY PERFORMED ON THE GROUND BY ME OR UNDER MY DIRECT SUPERVISION AND SAID SURVEY COMPUES WITH THE MINIMUM STANDARDS AND OTHER REQUIREMENTS OF THE COLORADO BOARD OF REGISTRATION FOR ENGINEERS. SURVEYORS AND ARCHITECHS DATE R HOWARD DAGGETT. CO PLS 917945 THENCE: S 00. OS' 07" W. 2648 77 FT ALONG THE EAST LINE OF THE NWM OF SAID SECTION 34 TO A FOUND 314 REBAR WITH A 2-1Q' ALUMINUM CAP STAMPED "HAMMER, PLS 24307" FOR THE 04 OF SAID SECTION 34 THENCE: N 88' 46' 40" W. 660 15 FT ALONG THE SOUTH LINE OF THE EQ OF THE EQ OF THE NNW OF SAID SECTION 34 TO A SET SA' REBAR WITH A PLASTIC CAP STAMPED 'PLS 37945' FOR THE SOUTHWEST CORNER OF SAID E/2 OF THE EQ OF THE NWl4 THENCE S OW 03' 19' W. 2646 00 FT ALONG THE EAST LINE OF THE VV/2 OF THE EQ OF THE SOUTHWEST QUARTER OF SAID SECTION 34 TOA POINT FOR THE SOUTH EAST CORNER OF SAID W/2 OF THE EQ OF THE SOUTHWEST QUARTER. FROM WHENCE A FOUND SA' REBAR WITH A PLASTIC CAP STAMPED 'PLS 24307' BEARS S 86141' 15" W, 0 51 FT THENCE: N 66. 48 S9' W, 401 96 FT ALONG THE SOUTH LINE OF SAID WQ OF THE E./2 OF THE SOUTHWEST QUARTER, ALSO BEING THE CENTERLINE OF THE WELD COUNTY ROAD NO 62 RIGHT OF WAY. TO A POINT FROM WHENCE A FOUND SA" REBAR WITH A PLASTIC CAP STAMPED'PLS 24307' BEARS S Or 03' 29' W, 30 00 FT , SAID REBAR BEING ON THE NORTH RIGHT OF AMY LINE OF SAID WELD COUNTY ROAD NO 62 THENCE: N OW 07 2W E. 330 10 FT TO A SET St REBAR WITH A PLASTIC CAP STAMPED 'PLS 37945" THENCE: N 66. 48 sr W. 257 98 FT TO A SET SA" REBAR WITH A PLASTIC CAP STAMPED "PLS 37945" SAID REBAR BEING ON THE WEST LINE OF SAID WI? OF THE Ea OF THE SOUTHWEST QUARTER THENCE: N 00. 0.3100' E, 2316 11 FT ALONG SAID WEST LINE OF THE WQ OF THE EQ OF THE SOUTHWEST QUARTER. TO A FOUND 3W REBAR WITH A 2-1Q' ALUMINUM CAP STAMPED 'HAMMER, PLS 24307" FOR THE NORTHWEST CORNER OF SAID WO OF THE Ell OF THE SOUTHWEST QUARTER THENCE: N O01 07 39" E, 2180 43 FT ALONG THE WEST LINE OF THE E/2 OF THE NORTHWEST QUARTER OF SAID SECTION 34. TO A POINT FROM WHENCE A FOUND SA' REBAR WITH A PLASTIC CAP STAMPED' PLS 24307 BEARS NEW IS' 06' W, 0 17 FT THENCE: S W 50' 3r E, 467 05 FT TO A POINT, FROM WHENCE A SET SA' RE BAR WITH A PLASTIC CAP BEARS S 03. 27 38' E. 0 34 FT SAID POINT BEING IN A LARGE WOODEN CORNER FENCE POST THENCE: N 00.07 00" E. 468 85 FT TO A POINT ON THE NORTH LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 34 SAID POINT ALSO BEING ON THE CENTERLINE OF WELD COUNTY ROAD NO 64 RIGHT OF WAY FROM WHICH FOUND sir REBAR WITH A PLASTIC CAP STAMPED 'PLS 24307" BEARS S 00.07 00' E. 30 00 FT THENCE: S 66• SO 40' E. 854 57 FT ALONG SAID NORTH LINE TO THE POINT OF BEGINNING CONTAINING 113 35 ACRES MORE OR LESS SUBJECT TO EASEMENTS AND RESERVATIONS OF RECORD GENERAL SURVEY NOTES 1) ALL BEARINGS (BASIS OF BEARINGS) SHOWN ON THIS SURVEY ARE BASED ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 34, TIN, R65W. 6TH P M . WELD COUNTY, CO BEARS N 66. 46' 5r W . AS SHOWN ON EXEMPTION NO 0603.34-3-RECX - 0600 2) ALL MEASURED DISTANCES SHOWN ON THIS SURVEY ARE GROUND DISTANCES TO CONVERT TO STATE PLANE GRID DISTANCES MULTIPLY GROUND DISTANCES BY 0 9997416630 (COMBINED SCALE FACTOR) 3) (M) - MEASUREMENTS MADE AS PART OF THIS SURVEY 4) OPRWCC - OFFICIAL PUBLIC RECORDS OF WELD COUNTY. COLORADO 5) SEE SHEET 2 FOR VACATION PLAT OF LOT B, RECORDED EXEMPTION NO 060334-3. RECXI3-0060AS RECORDED NOVEMBER 13. 2013AT RECEPTION NO 3977741. WELD COUNTY, COLORADO REFERENCE DOCUMENTS ;URVEY PROPERTY AND ADJOINERII (RI) RECORDED EXEMPTION NO 0603.34-3 REX13.0060. RECEPTION NO 2260960. OPRWCC (R2) GENERAL WARRANTY DEED TO SEAN KOCANDAAND JAIME KOCANDAAT RECEPTION NO 4552753. OPRWCC (R3) WARRANTY DEED TO ROAD 43. LLC A COLORADO LIMITED LIABILITY COMPANY AT RECEPTION NO 4678347.OPRWCC (R4) WARRANTY DEED TO DOROTHY E AND RUSSELL S RAY AT RECEPTION 4012222. OPRWCC (RS) BARGAIN AND SALE GEED TO DENISE A LEAFGREN AT RECEPTION NO 4649651, OPRAACC (R6) WARRANTY DEED TO ZABKA FARMS AT RECEPTION NO 2040906, OPRVVCC (R7) WARRANTY DEED TO CHRIS G AND LINDA L BERIG AT RECEPTION NO 3009596. OPRWCC (R8) BILL OF SALE TO GREELEY-WELD COUNTY AIRPORT AUTHORITY AT RECEPTION NO 3723045.OPRW0C AASEMENTO (RIO) LATERAL DITCH WATER EASEMENT. BOOK 8, PAGE 319, OPRWCC (NOT TO EXCEED 101 INN/Chi) (R11) IRRIGATION DITCH EASEMENT, BOOK 23, PAGE 604, OPRWCC (NO SPECIFIED WIDTH) (R12) EASEMENT FOR A IRRIGATION HEADGATE BOOK 39, PAGE 370, OPRWCC. (NO SPECIFIED DIMENSIONS) (R13) COUNTY ROAD EASEMENT, BOOK 86. PAGE 273 (60' WIDTH) (R14) IRRIGATION DITCH EASEMENT_ BOOK 114. PAGE 32. OPRWCC (R15) DECREE FOR THE RIGHTS TO A WATER WELL. BOOK 1371. PAGE 270. OPRWCC (RI6) ELECTRICAL POWERLINE EASEMENT. 1496. PAGE 347. OPRWCC (NO SPECIFIED WIDTH) (R17) SURFACE USE AGREEMENT BETWEEN FLOS FOUR LIMITED LIABILITY COMPANY, CIO MEL BICKUNG AND NOBLE ENERGY. INC DATED AUGUST 22, 2007 DOCUMENT PROVIDED WITHOUT RECORDING INFORMATION CLIENT s 4` tesiss TITLE YACA7JnI ArLorc Lt'a/4ara A30.nn saxn - Qp_ NIELS 7rwrY, 071.04400 SORINNATURAL RESOU/RCEPANTNERSi LLC DATE aT DATE SY DATE n' REVISIONS OE SCRIP TION OE SCR IPT(ON OE SO, lonON z ROADNUNNERSUI'VEYd RP/NtC, /NC 2130 Roact,mrxr Tr Ter (264) 730, 7574 Rost l TX 76662 Email rube remroodrunnercom FIELD DATE(S) 10200021 - 16(1912021 ?ECM RHf] man CHIEF RHD PM RHO DATE 1RMTE0 an RHO PROJECT NO 21052.06 SHEET NO NO OF SHEETS 1 2 d/ACATIONOFLOTB, £rAJfPTIONNO. 0608-844 RECX1 — 0060, LLD COUNTY, COLORADO `ES GY MN/[ f[CJ9 C, e.u.wve ca...caa.ev Ish a. Ik8 Y "<t M[YC4 BT,9uwA WYRIE9wRHmEYw F-i°,' gME a,g MAW. FIRM R6OMC£PARTN£R4 LLC ROADRUN.YBRSURVEY Q.f/APPWB, /NC HEE?s w...,.., 7:=S=1-= 7]-7' pRrurR,E�Jy{W 41� V� WH'rlH VIII RECORDED EXEMPTION NO. 0803-34-3 RECX13-0060 BEING LOT B OF AMENDED RECORDED EXEMPTION N0. 788, THE EAST 1/2 OF THE NORTHWEST 1/4 AND PART OF THE WEST 1/2 OF THE EAST 1/2 OF THE SOUTHWEST 1/4, OF SECTION 34, TOWNSHIP 6 NORTH, RANGE 65 WEST, OF THE 6TH P.M., WELD COUNTY, COLORADO SHEET 1 OF 2 itittretuan.-armchos-r .RC°a°m [!CYPigx xp. sew -J+_] K me. e[wc M CASs N•U arza uN + vpngx b rM Msl war a ME fwSi N•U a MR or sccigx J.. oq,sxm a xogM, awvc[ a5 Msr, a rNE ern.o M vGr REcpq[D urarsi xe, sqi r KC[Pigx ra. }}eoseD.Srlrz a <aowoo. COMuxaO + da<,nArzD aPG a i,a.,l9 µKS, wpq<, ro rnuMr pow RqM-b-..., MATS, ONNR't KRrrFYlir' ooM[Rtewro,mnx�s•MUE :irstn.�r ox � naKlmrzo� o[��ao Pwocxn. PaaE[Rn K wuim a ME ! (ldacuLNa.11 zaa psiwcr wo rs um arzram ro Ra�fl[ MW rat M CON0UCr d OMa USCS rY bWr. 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NNN veto muRc. swo mars. wxcnK NMs rragrdnu. ruv pots. uro uKsrax. •xo men mrlmr,e Paesexr Kw nmEAs. ewmowxe aRaErs •em„Ks rs Nvarwi. uor aq.r •a MN sArcrr, aui use rn M PaorzcrxN a ME r.Rurn's u\aw000. rtms q,o wsr oo�crta noe KD ro•o. �aEuaD ra t=xor a samENr mu, K m Y LdNc•rd RxNx wADx. nPR T NARr CLIENT: S0A NATURAL RESOURCE PARTNERS, LLC P.o. Rox 2731eo FORT COLLINS, CO. 80527 HAMMER LAND SURVEYING, INC. 4350 HIGHWAY 66 LONCMON 7,C0 80504 PH: 970-535-9378 RECORDED EXEMPTION PLAT SECTION 04, TOIENSHIP 8 NORTH, RANGE 85 1/EST, 8TH P.M. SECTION 34, TOWNSHIP 6 NORTH, RANGE 65 Y}EST, 6TH P,M. JOBX122" DATE: 10/04/13 SHEE,7n FTrirt;iia�tin+�iurtrr,��iiu"xa rn • RECORDED EXEMPTION NO. 0803-34-3 RECX13-0060 BEING LOT B OF AMENDED RECORDED EXEMPTION NO. 788, THE EAST 1/2 OF THE NORTHWEST 1/4 AND PART OF THE WEST 1/2 OF THE EAST 1/2 OF THE SOUTHWEST 1/4, OF SECTION 34, TOWNSHIP 6 NORTH, RANGE 65 WEST, OF THE 6TH P.M., WELD COUNTY, COLORADO SHEET 2 OF 2 f�a fv war.:oaro M a�i: noao a.w a m, .,. / qq @ ^ alp R ( 8y'wj8�` g 8 eawee-. ».. feu =wma =.fn 171 i 2p3 py a II=.es aCOC NR [bYu Y�� II 6 keg nq .11 . cexxra-aoeo ,a.a. .cw artmf r 13.00 A[NS NR r TMamvfn..au�o, w,m+. -s.rtwr. mrv=rr amnay. =e•r.»• .00arrrt »�aa EfiA nOY aM . a r/Y w.W�fCJ f=,ral0 w Ww 1 HAMMER LAND SURVEYING. INC. x350 HIGHWAY 66 LONGMONT.CO 80504 PH: 970-535-9318 RECORDED EXEMPTION PLAT SECTION 34, TOIIN$IIIP 8 NORTH, RANGE 85 REST, BTR P.N. �.hro CLIENT: S0N NATURAL RESOURCE PAA RTNERS. LLC P.O. BOX 273'80 FORT COLLINS, CO. 80527 SECTION 34. TOWNSHIP 6 NORTH. RANGE 65 WEST, 6TH P.M. I30SHB9720290n DATE: IV., EET 2 OF 2 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. E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e-mail correspondence into the case file, please send a copy to egesick@weldgov.com. DATE: July 11, 2022 TIME: 9:00 a.m. APPLICANT: CBEP Land 2, LLC 4845 Pearl East Circle, Suite 118, #53242 Boulder, CO 80301 REQUEST: Partial Vacation of Two -Lot Recorded Exemption, RECX13-0060, for Removal of Lot B LEGAL DESCRIPTION: Lot B of Recorded Exemption, RECX13-0060; being part of Section 34, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado LOCATION: South of and adjacent to County Road 64, approximately 0.25 mile east of County Road 43 (See Legal Description for precise location) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 29, 2022 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RECX13-0060 Owner RUSSELL AND DOROTHY RAY CBEP LAND 2 LLC Address 21308 COUNTY ROAD 64 4845 PEARL EAST CIRCLE SUITE 118 #53242 City GREELEY BOULDER State Zip CO 80631-9685 CO 80301-6112 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, RECX-0060, in the United States Mail, postage prepaid First Class Mail as listed above. D co U, r- CD 0 D Ui est > 6 N Dated the 29th day of June, 2022. Janet M. Warwick Deputy Clerk to the Board For delivery information, visit onebsite at www.uspsecom®. 452 WO Certified Mail Fee fi Mere 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 $ Sent To Street al pt. No., r PO Sox Nod a City - Gta CP hwk z a% hes Postmark Here Li/it PS Form 3800, April 2015 PSN 7530.02-000-9047 See Reverse for instructio s 1 r- R tip rR UI N U4 Ci C3 Ui ri N 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 ❑ Adult Signature Required $ • Adult Signature Restricted Delivery $ Postage Total Postage and Fees Se Street aid AV p,1Vo., or Citv.. fate, ZIP 4® Postmark Here PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3... • 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. 1. Article Addressed to: ?U55C/ / tbrb'] 2,130SCie" bril eta az) seLisi cltig5 ejt- 2_A 111111111 11 9590 9402 6749 1074.1R4A 0n LPSF 006o0 !1 COMPLETE THIS SECTION ON DELIVERY A. Signature cefree7Di-c". X ❑ Agent ❑ Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? O Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery 'Certified Mail® El Certified Mail Restricted Delivery ❑ Priority Mail Express® ❑ Registered MaiITM' ❑ Registered Mail Restric Delivery ❑ Signature Confirmation ature Confirmation rioted Delivery c Return Receipt WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 6/10/2022 2:46:40 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. _)ittatEM fijiamtIrt Le/10122 Signature Date Property Owners Within 500 Feet of Parcel # 080334200002 Account Parcel Owner Mailing Address R1274286 080327000038 DCP MIDSTREAM LP 1324 GREELEY, N 7TH AVE CO 806319569 R1274486 080327000040 REESE BRETT R1274486 080327000040 REESE CHRISANN 21491 GREELEY, COUNTY CO 806319686 ROAD 64 R1274886 080327000060 NOLAN BUNNY GAIL (1/2 INT) R1274886 080327000060 NOLAN RICHARD C 11(1/2 INT) I 21367 GREELEY, COUNTY CO 806319686 ROAD 64 R1275086 080327000066 FRANK MILDRED B 1443 GREELEY, 41ST AVE CO 806342744 R8962759 080327400082 REESE CHRISANN R8962759 080327400082 CHURCH LATTER-DAY OF JESUS SAINTS CHRIST OF 50 SALT E NORTH LAKE CITY, UT 841500012 FL 12 TEMPLE R1305586 080334000019 HOFFNER DIXIE ANN (1/2 INT) Parcels: 109 Owner Records: 130 Page 1 of 16 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 6/10/2022 2:46:40 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 080334200002 Signature 1-4- /loin Date Account Parcel Owner Mailing Address R1305586 080334000019 WINTERS JERRY D (1/2 INT) 49 LITTLETON, WILLOWCROFT CO 801237908 DR R1305786 080334000021 B E R I G LINDA L R1305786 080334000021 GARCIA CHRIS G 21389 GREELEY, COUNTY CO ROAD 62 806319670 R1306986 080334000057 LEAFGREN DENISE A 970 EATON, HAWKRIDGE CO 806159003 CT R0132089 080334000083 ZABKA FARMS INC 617 GREELEY, 6TH ST CO 806313922 R0055893 080334000084 KOCANDA JAIME R0055893 080334000084 KOCANDA SEAN JOSEPH 21285 GREELEY, COUNTY CO ROAD 62 806319670 R6785206 080334200001 1,.1 i RAY RUSSELL S R6785206 080334200001 Lot RAY DOROTHY E 21308 GREELEY, COUNTY CO RD 64 806319685 0 Parcels: 109 Owner Records: 130 Page 2 of 16 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 6/10/2022 2:46:40 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. ittattli 'it 'on tic Signature Date Property Owners Within 500 Feet of Parcel # 080334200002 Account Parcel Owner Mailing Address R6785207 080334200002 1.. of- CBEP LAND 2 LLC 4845 BOULDER, PEARL CO EAST 803016112 CIR STE 118 #53242 r) R6785810 080334200005 ROAD 43 LLC 9830 LAFAYETTE, ISABELLE CO RD 800269104 R8957057 096102401012 ANDERSON DIANN N R8940471 096102401012 ANDREWS JOHN R8297700 096102401012 BEESON DEBRA LIVING TRUST R8957062 096102401012 BRIGHT CYNTHIA R8297400 096102401012 FITZGERALD DAVID R2754886 096102401012 HARRIS SUSANNA M R8972712 096102401012 MAPES RONA S Parcels: 109 Owner Records: 130 Page 3 of 16 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 6/10/2022 2:46:40 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 080334200002 Lii iej zez_ t Signature Date Account Parcel Owner Mailing Address R8972715 096102401012 MEGILLIGAN SCOTT R6780634 096102401012 MIDDLETON SUSANNE R2086803 096102401012 MOSNESS-BRAILSFORD DUSTY L R8972714 096102401012 OLTERSDORF BRONNA R8957064 096102401012 ORR SUSIE ANN R8297000 096102401012 SAMPLE PAMELA J LIVING TRUST R2756386 096102401012 WHITE WAYNE R5240308 096102401012 1890 LAND COMPANY LLC 2304 WHEATLAND, FERTIG DR WY 822012147 R8952754 096102401012 AIKENS GEORGE A 631 GREELEY, BUSS AVE CO 806319779 Parcels: 109 Owner Records: 130 Page 4 of 16 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 6/10/2022 2:46:40 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. (If / 0 1 .2 2 Signature Date Property Owners Within 500 Feet of Parcel # 080334200002 Account Parcel Owner Mailing Address R8977783 096102401012 AIKENS GEORGE A 620 GREELEY, BUSS AVE CO 806319081 R8974398 096102401012 AKM HOLDINGS GXY HANGAR #1 LLC 6717 AURORA, S BILOXI CO CT 800165942 R8977778 096102401012 AKM HOLDINGS GXY HANGAR #1 LLC 6717 AURORA, S BILOXI CO CT 800165942 R2756386 096102401012 ANDERSEN DEAN 1917 GREELEY, 15TH AVE CO 806315356 R3300505 096102401012 a ANDERSEN DEAN PO GREELEY, BOX 865 CO 806320865 R8957057 096102401012 ANDERSON STEVE 800 POPLAR BEECH GROVE, BAY RD IL 610658237 R8971269 096102401012 BAS PARTS AND SALES LLC C/O 625 GREELEY JARED AIRPORT CO BOLES RD 806319148 R8297400 096102401012 BAUERLE RL E GARY 1845 GREELEY, 36TH AVENUE CO 806342826 CT R1597801 096102401012 BEEGLES AIRCRAFT SERVICE 635 GREELEY, AIRPORT CO RD 806319148 Parcels: 109 Owner Records: 130 Page 5of16 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 6/10/2022 2:46:40 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 080334200002 Signature fi el 2 Date Account Parcel Owner Mailing Address R1598001 096102401012 BEEGLES AIRCRAFT SERVICE 575 GREELEY, ED BEEGLES CO 80631 LANE R1597901 096102401012 BEEGLES AIRCRAFT SERVICE 635 GREELEY, AIRPORT CO RD 806319148 R8297700 096102401012 BEESON JOHN LIVING 4514 BROOMFIELD, FAIRWAY LN CO 800239565 TRUST R1599101 096102401012 BELL SCOTT PO GREELEY, BOX 126 CO 806320126 R2757986 096102401012 BELL SCOTT PO GREELEY, BOX 126 CO 806320126 R1597601 096102401012 BELLEAU LINDA DBA 600 GREELEY, AIRPORT BARNSTORMER RD 806319087 UNIT RESTAURANT B CO R6782055 096102401012 BELLEAU LINDA M 338 GREELEY, N 44TH AVE CO 806341081 R2086803 096102401012 BRAILSFORD SAMUEL G 449 EATON, DOGWOOD CO 806159071 CT R8957062 096102401012 BRIGHT SCOTT 17389 PLATTEVILLE, COUNTY CO ROAD 806518512 31 Parcels: 109 Owner Records: 130 Page 6 of 16 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 6/10/2022 2:46:40 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 080334200002 1�1'I LL�21 k! i �1C tilivi2 Signature Date Account Parcel Owner Mailing Address R5240208 096102401012 BUMAN DONALD FAMILY TRUST 647 WINDSOR, VERMILION CO 805503251 PEAK DR R2755286 096102401012 C & C AERIAL SPRAYERS PO GREELEY, BOX 1614 CO 806321614 R8952755 096102401012 C -FLEET LLC 631 GREELEY, BUSS AVE CO APT 806319779 62-A R8965177 096102401012 C -FLEET LLC 610 GREELEY, BUSS AVE CO UNIT 806319081 67 R8298000 096102401012 CHARLESTON ROSS PO WALSENBURG, BOX 42 CO 810890042 R1598601 096102401012 CLEAR SKIES LLC 216 GREELEY, N 51ST AVE CO 806344267 R2757386 096102401012 CLEAR SKIES LLC 216 GREELEY, N 51ST AVE CO 806344267 R8957061 096102401012 D & T REAL LLC 23777 GREELEY, COUNTY CO ROAD 806319018 52 R8953416 096102401012 ED BEEGLES SERVICES LLC 675 GREELEY, AIRPORT CO RD 806319148 Parcels: 109 Owner Records: 130 Page 7 of 16 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 6/10/2022 2:46:40 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 080334200002 ijiibl -zz Signature Date Account Parcel Owner Mailing Address R5240508 096102401012 FORTIN BRADLEY J 1621 FORT W COUNTY COLLINS, CO ROAD 805249637 56 R8972713 096102401012 GAO LEI 1937 DENVER, S LOGAN CO 802104027 ST R5240408 096102401012 GRCC CORP 631 GREELEY, BUSS AVE CO 806319779 R1598501 096102401012 GRCC CORPORATION 631 GREELEY, BUSS AVE CO 806319779 R1598901 096102401012 GRCC CORPORATION 631 GREELEY, BUSS AVE CO 806319779 R2755086 096102401012 GRCC CORPORATION C/O 631 GREELEY, GEORGE BUSS AVE CO AIKENS 806319779 R2755386 096102401012 GRCC CORPORATION 631 GREELEY, BUSS AVE CO 806319779 R2756986 096102401012 GREELEY SPORT AVIATION LLC C/O 20501 LA SALLE, DARREL COUNTY CO DILLEY 806459310 ROAD 37 R2755186 096102401012 GREELEY AUTHORITY WELD COUNTY AIRPORT 600 GREELEY, CROSIER CO 80631 Parcels: 109 Owner Records: 130 Page 8 of 16 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 6/10/2022 2:46:40 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 080334200002 Led fa ‘iit,:1/2,\ ( (012Signature Date Account Parcel Owner Mailing Address R2755486 096102401012 GREELEY AUTHORITY WELD COUNTY AIRPORT PO GREELEY, BOX 727 CO 806320727 R8193200 096102401012 GREELEY AUTHORITY WELD COUNTY AIRPORT P GREELEY, O BOX 727 CO 806320727 R8945440 096102401012 GREELEY AUTHORITY WELD COUNTY AIRPORT PO GREELEY, BOX 727 CO 806320727 R0921402 096102401012 GREELEY-WELD AUTHORITY COUNTY AIRPORT PO GREELEY, BOX 727 CO 806320727 R3300405 096102401012 HANGER 635 LLC 635 GREELEY, AIRPORT CO RD 806319148 R8297800 096102401012 HANGER PARTNERS 1130 GREELEY, 38TH AVE CO STE 806342581 B R2086703 096102401012 HARRIS FUELING INC 629 GREELEY, BUSS AVE CO 806319779 R2754886 096102401012 HARRIS KENNETH L 629 GREELEY, BUSS AVE CO APT 806319779 35 R7522199 096102401012 HENSEL PHELPS CONSTRUCTION CO 420 PO GREELEY, BOX AVE O CO 806322332 6TH Parcels: 109 Owner Records: 130 Page 9 of 16 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 6/10/2022 2:46:40 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Date Property Owners Within 500 Feet of Parcel # 080334200002 Account Parcel Owner Mailing Address R8949122 096102401012 HENSEL-PHELPS COMPANY INC CONSTRUCTION 420 GREELEY, 6TH AVE CO 806312332 R8949119 096102401012 JBS USA LLC 601 GREELEY, CROSIER CO AVE 806319083 R1737501 096102401012 JOKAR LEASING LLC 625 GREELEY, BUSS AVE CO 806319157 LOT 39 R2754986 096102401012 JOKAR LEASING LLC 625 GREELEY, BUSS AVE CO 806319157 LOT 39 R5240808 096102401012 LONHART DONALD 4909 GREELEY, W C ST CO 806344392 R5240708 096102401012 LONHART DONALD E 4909 GREELEY, W C ST CO 806344392 R8972712 096102401012 MAPES ROCKY A 13913 ELM ST 806027862 CO THORNTON, R8952756 096102401012 MARTIN RICHARD PO GREELEY, BOX 336926 CO 806330616 R8957060 096102401012 MARTIN RICHARD PO GREELEY, BOX 336926 CO 806330616 Parcels: 109 Owner Records: 130 Page 10 of 1€ WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 6/10/2022 2:46:40 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. It11111 • IL tt-1) k Signature Date Property Owners Within 500 Feet of Parcel # 080334200002 Account Parcel Owner Mailing Address R8957059 096102401012 MARTIN RICHARD PO GREELEY, BOX 336926 CO 806330616 R2757486 096102401012 MARTIN RICHARD M PO GREELEY, BOX 336926 CO 806330616 R6780634 096102401012 MIDDLETON RAYMOND 4742 WINDSOR, SHAVANO CO 805502588 DR R8957055 096102401012 MITCHELL MATTHEW 5984 NATH STORY , CO RD 805476307 TIM R2756786 096102401012 MONFORT OF COLORADO INC C/O 1770 GREELEY, SWIFT PROMONTORY FOODS CO 806349039 COMPANY CIR R8957056 096102401012 MOUNTAIN REGIONS DEVELOPMENT LLC 461 WINDSOR, HARBOR CT CO 805506164 R8950273 096102401012 NEALY STEVE 36447 EATON, COUNTY CO 806158526 ROAD 31 R8963702 096102401012 NEALY STEVE 36447 EATON, COUNTY CO 806158526 ROAD 31 R5240108 096102401012 NELEN RICHARD 7691 FORT N COUNTY COLLINS, ROAD CO 805249735 21 Parcels: 109 Owner Records: 130 Page 11 of 1E WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 6/10/2022 2:46:41 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. 1 ia&t11 uc Signature Date Property Owners Within 500 Feet of Parcel # 080334200002 Account Parcel Owner Mailing Address R5240608 096102401012 O CONNOR EDWARD W REV LIV 26100 KERSEY, RANGEVIEW CO 806449764 DR TRUST R8965654 096102401012 OAK LEAF SOLAR 2645 DENVER, E 2ND AVE STE CO 802064753 206 R8972714 096102401012 OLTERSDORF MARK 7010 WINDSOR, RUIDOSO DOSO CO 805507062 DR R8957064 096102401012 ORR ED 1813 GREELEY, 61ST AVE CO 806348059 NO 200 R8297900 096102401012 PAYNE STEVE 8340 WINDSOR, WYNSTONE 805508054 CO CT R0024193 096102401012 PHELPS-TOINTON INC 801 GREELEY, 8TH ST STE CO 200 806314094 R8949121 096102401012 PHELPS-TOINTON INC PO GREELEY, BOX 9 CO 806320009 R8949120 096102401012 PITZ CATHY 437 WINDSOR, PELICAN CO COVE 805506125 R8298100 096102401012 RANDOLPH TOM 2690 GREELEY, 58TH AVE CO 806344528 Parcels: 109 Owner Records: 130 Page 12 of 1 € WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 6/10/2022 2:46:41 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. tiE r li tUt)t (Ic Signature Date Property Owners Within 500 Feet of Parcel # 080334200002 Account Parcel Owner Mailing Address R8957058 096102401012 RLU HOLDINGS LLC PO DOUGLAS, BOX 544 WY 826330544 R8977777 096102401012 RM CONSTRUCTION LLC PO GREELEY, BOX 336926 CO 806330616 R2755686 096102401012 ROCKY MOUNTAIN AIRPARK ECX LLC 575 GREELEY, ED BEEGLES CO 80631 LANE R1598301 096102401012 ROCKY LLC MOUNTAIN AIRPARTS EXCHANGE 575 GREELEY, ED BEEGLES CO LANE 80631 R1598401 096102401012 ROCKY LLC MOUNTAIN AIRPARTS EXCHANGE 575 GREELEY, ED BEEGLES CO 80631 LANE R2756286 096102401012 ROCKY LLC MOUNTAIN AIRPARTS EXCHANGE 575 GREELEY, ED BEEGLES CO 80631 LANE R8193100 096102401012 ROCKY LLC MOUNTAIN AIRPARTS EXCHANGE 575 GREELEY, ED BEEGLES CO 80631 LANE R8297100 096102401012 ROCKYS AIR FORCE LLC 605 GREELEY, BUSS AVE CO #60 806319779 R8943854 096102401012 ROCKYS AIR FORCE LLC 605 GREELEY, BUSS AVE #60 CO 806319779 Parcels: 109 Owner Records: 130 Page 13 of 1€ WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 6/10/2022 2:46:41 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 080334200002 -2,-2 Signature Date Account Parcel Owner Mailing Address R8972715 096102401012 ROTRAMEL KEN 3016 GREELEY, 70TH AVE CO 806348970 R8297000 096102401012 SAMPLE JOHN W LIVING TRUST 47 SHERIDAN BIG HORN WY RD 828019459 R8957063 096102401012 SCHMEECKLE BROS CONSTRUCTION 17168 FORT FRONTAGE MORGAN, CO RD 807014833 R8296900 096102401012 SHARP DAVID 2635 GREELEY, 64TH AVE CO 806348906 R8755401 096102401012 SIERRA JULIET LLC 5200 GREELEY, W 20TH CO ST 806343038 R8944449 096102401012 SIERRA JULIET LLC 5200 GREELEY, W 20TH CO ST 806343038 R8297500 096102401012 HARLAN R 3301 GREELEY, 70TH AVE CO 806348985 STOFFREGEN R8297600 096102401012 STOOS DAN M 19792 EATON, COUNTY CO 806158917 ROAD 74 R2756486 096102401012 4483 GREELEY, W PIONEER CO 806343117 DR TOMLIN THOMAS Parcels: 109 Owner Records: 130 Page 14 of 1€ WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 6/10/2022 2:46:41 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 080334200002 LI jib! z z Signature Date Account Parcel Owner Mailing Address R8940471 096102401012 WELLS RONDA 3055 GREELEY, 49TH AVE CO 806348719 R2758086 096102401012 WHEELER MANAGEMENT GROUP INC 4 GREELEY, ALLES DR CO 806316829 R8297200 096102401012 WITMAN MIKE 23019 MILLIKEN, COUNTY CO ROAD 21 3/4 805438207 R8297300 096102401012 WITMAN MIKE 23019 MILLIKEN, COUNTY CO ROAD 21 3/4 805438207 Parcels: 109 Owner Records: 130 Page 15 of 1 € WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 6/10/2022 2:46:41 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 080334200002 Parcels: 109 Owner Records: 130 Dftrcft}t Lt 1 1 epi 42- -2 Signature Date Page 16 of 1€ PLAT VACATION APPLICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS FOR PLANNING DEPARTMENT USE: DATE RECEIVED: PLANNER ASSIGNED: PLAT INFORMATION Title of plat t0 be vacated: Exemption No. 0803-34-3 RECX13-0060 S .34 T 6N R 65W El Complete Vacation (must include all lots)❑ Partial Vacation of the largest lot (must be over 35 acres) List of lots to be vacated: Lot Parcel Number B 080334200002 113.35 Ditch Easement Bk 8, Pg 319; Pipeline Rec. 3537435 Sand Creek Ditch Bk 23, Pg 604; Bk 39 Pg 370; Bk 114, Pg 32 Surface Use Agmt Recorded 12/3/2008 Electric Easement Book 1498, Page 347 Acreage Affected Easements PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: CBEP Land 2, LLC Company: CBEP Land 2, LLC Phone #: 970-580-5652 Email: zach@cloudbreakenergy.com Street Address: 4845 Pearl East Circle, Suite 118, #53242 City/State/Zip Code: Boulder, CO 80301 APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.) Name: Zach Brammer, Chief Operating Officer and Bobby Dishell Company: Cloudbreak Energy Partners (ultimate parent entity for CBEP Land 2, LLC) and Moye White LLP Phone #: 970-580-5652 ; 303-291 -1531 Email: zach@cloudbreakenergy.com ; bobby.dishell@moyewhite,com Street Address: 4845 Pearl East Circle, Suite 118, #53242 MW: 1400 16th Street, 6th Floor, City/State/Zip Code: Boulder, CO 80301 MW: Denver, CO 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. 04/13/2022 wner or Authorized Agent Date Signature: Owner or Authorized Agent Date Zachary Brammer Print: Owner or Authorized Agent Print: Owner or Authorized Agent 7/20/2021 DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1555 NORTH 17T" AVENUE GREELEY, CO 80631 AUTHORIZATION FORM I, (We), CBEP Land 2, LLC , give permission to Moye White LLP and Bobby Dishell (Owner — please print) (Authorized Agent/Applicant—please print) to apply for any Planning, Building, Access or OWTS permits on our behalf, for the property located at (address or parcel number) below: 080334200002 Exemption No. 0803-34-3 Legal Description: RECX13 - 0060 of Section 34 , Township 6 N, Range 65 W Subdivision Name: Lot Block Property Owners Information: 4845 Pearl East Circle, Suite 118 #53242, Boulder, CO 80301 Address: Phone: 970-580-5652 E-mail: zach@cloudbreakenergy.com Authorized Agent/Applicant Contact Information: 1400 16th Street, Denver, CO 80202 Address: Phone: 303-291-1531 E -Mail: bobby.dishell@moyewhitecom Correspondence to be sent to: Owner x Authorized Agent/Applicant x by: Mail Email x All correspondence to Owner and Authorized Agent Additional Info: 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. gdb-- Owner Signature Date 5 / 14122. Owner Signature bscribed and sworn to before me this ,J day of At My commission expires, j /?00.3 .••r/� Date ,20 rz.by VAISHALI JALPESH PATADIA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20194043942 MY COMMISSION EXPIRES 1112012023 WRITTEN CONSENT OF CLOUDBREAK ENERGY PARTNERS, LLC Effective December 16, 2021 The undersigned, being the Board of Managers (the "Manager") of Cloudbreak Energy Partners, LLC, a Delaware limited liability company, who is the Sole Member of CBEP Properties, LLC, a Delaware limited liability company, who is the Sole Member of CBEP Land 2, LLC, a Delaware limited liability company (the "Company") is acting in accordance with the provisions of the Company's Limited Liability Company Agreement and the Delaware Limited Liability Company Act, takes and adopts the following actions, effective as of December 16, 2021: RESOLVED, that to accomplish the business objectives of the Company, the Company is authorized to take the following actions (each an "Authorized Act"): 1. Acquisition. The Company is hereby authorized to purchase and acquire, from Sorin Natural Resource Partners, LLC, a limited liability company existing under and by virtue of the laws of the State of Colorado ("Seller"), that certain real property (the "Property"), located in Weld County, Colorado, as more particularly described in on Exhibit A attached hereto and incorporated herein, pursuant to that certain Contract to Buy and Sell Real Estate (Land) and Addendum to Contract to Buy and Sell Real Estate (Land) both dated October 1, 2021, as amended by that certain First Amendment to Addendum to Contract to Buy and Sell Real Estate (Land) (the "Acquisition"). The Company is further authorized to execute and deliver all agreements and documents required to consummate the Acquisition. 2. Authorized Persons. Zachary Brammer, Alexander Shobe, Rebecca Gallery, and James Cleland (each, an "Authorized Person") are hereby authorized and empowered on behalf of the Cloudbreak Energy Partners, LLC and its subsidiary, the Company, to execute agreements, contracts, and any and all other documents, certificates, warranties, agreements, of any kind or nature, and to take all such other action which, in the Authorized Peron's discretion, may be necessary or desirable to consummate the Acquisition. FURTHER RESOLVED, that any prior actions taken or documents executed by the Company, Authorized Person, or by any individual persons at the Authorized Person's or Manager's direction in connection with the actions contemplated by the Authorized Acts are ratified and approved by the Manager; and FURTHER RESOLVED, that in order to fully carry out the intent and effectuate the purposes of the foregoing resolutions, the Authorized Persons are hereby authorized to take all such further action, and to execute and deliver all such further instruments and documents in the name and on behalf of the Company, and under its corporate seal or otherwise, and to pay all such fees and expenses, which shall in their judgment be necessary, proper, or advisable. The actions taken by this consent shall have the same force and effect as if taken at a special meeting of the Company duly called and constituted pursuant to the Limited Liability Company Agreement of the Company and the laws of the State of Delaware. [Signature page to follow] Page 1 of 3 MANAGER: CLOUDBREAK ENERGY PARTNERS, LLC, a Delaware limited liability company By: Name x J4mes Cleland Title: oard of Managers By: Nae: Zacry Brammer Title: Board of Managers By: g..14----. C2,11) Name: Rebecca Gallery Title: Board of Managers By: /14,41/104 Name: Alexander Shobe Title: Board of Managers Page 2 of 3 EXHIBIT A PROPERTY The Property is the following legally described real estate in the County of Weld, Colorado LOT B, RECORDED EXEMPTION NO. 0803-34-3 RECX 13-0060, AS RECORDED NOVEMBER 13, 2013 AT RECEPTION NO. 3977741, COUNTY OF WELD, STATE OF COLORADO. SUBJECT TO COUNTY ROAD RIGHT-OF-WAY Page 3 of 3 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF FACT OF GOOD STANDING I, Jena Griswold, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, CBEP Land 2, LLC is an entity formed or registered under the law of Delaware , has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20211859430 . This certificate reflects facts established or disclosed by documents delivered to this office on paper through 03/31/2022 that have been posted, and by documents delivered to this office electronically through 04/03/2022 @ 14:08:31 . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on 04/03/2022 @ 14:08:31 in accordance with applicable law. This certificate is assigned Confirmation Number 13917316 . Secretary of State of the State of Colorado *********************************************End of Certificate******************************************** Notice: A certificate issued electronically from the Colorado Secretary of State's Web site is fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page of the Secretary of State's Web site, http://www.sos.state.co.us/bi✓CertificateSearchCriteria.do entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our Web site, http://www.sos.state.co.us/ click "Businesses, trademarks, trade names" and select "Frequently Asked Questions." Document must be filed electronically. Paper documents are not accepted. Fees & forms are subject to change. For more information or to print copies of filed documents, visit www.sos.state.co.us. -FrIed Colorado Secretary of State Date and Time: 09/21/2021 03:48 PM ID Number: 20211859430 Document number: 20211859430 Amount Paid: $100.00 ABOVE SPACE FOR OFFICE USE ONLY Statement of Foreign Entity Authority filed pursuant to § 7-90-803 of the Colorado Revised Statutes (C.R.S.) 1. The entity ID number, the entity name, and the true name, if different, are Entity ID number 20211859430 (Colorado Secretary of State ID number) Entity name CBEP Land 2, LLC True name (if different from the entity name) 2. The form of entity and the jurisdiction under the law of which the entity is formed are Form of entity Jurisdiction Foreign Limited Liability Company Delaware 3. The principal office address of the entity's principal office is Street address 4845 Pearl East Cir, Suite 118 (Street number and name) #53242 Boulder (City) CO 80301 (State) (ZIP/Postal Code) United States (Province — if applicable) (Country) Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) (City) (State) (ZIP/Postal Code) (Province — if applicable) (Country) 4. The registered agent name and registered agent address of the entity's registered agent are Name (if an individual) or (if an entity) Cloudbreak Energy Partners, LLC (Last) (First) (Middle) (Suffix) (Caution: Do not provide both an individual and an entity name.) AUTHORITY Page 1 of 3 Rev. 12/01/2011 Street address 4845 Pearl East Cir, Suite 118 (Street number and name) #53242 Boulder CO 80301 (City) (State) (ZIP Code) Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) (City) CO (State) (The following statement is adopted by marking the box) © The person appointed as registered agent above has consented to being so appointed. (ZIP Code) 5. The date the entity commenced or expects to commence transacting business or conducting activities in Colorado is 09/21/2021 (mm/dd/YYYY) 6. (If applicable, adopt the following statement by marking the box and include an attachment.) 0 This document contains additional information as provided by law. 7. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) (If the following statement applies, adopt the statement by entering a date and, if applicable, time using the required format) The delayed effective date and, if applicable, time of this document is/are (mm/dd/yyyy hour:minute am/pm) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. 8. The true name and mailing address of the individual causing the document to be delivered for filing are Tupper Karin (Last) (First) (Middle) (Suffix) Moye White LLP (Street number and name or Post Office Box information) 1400 16th Street, 6th Floor Denver (Cu)) CO 80202 (State) (ZIP/Postal Code) United States . (Province - if applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment) 0 This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. AUTHORITY Page 2 of 3 Rev. 12/01/2011 Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). AUTHORITY Page 3 of 3 Rev. 12/01/2011 STATE OF DELAWARE CERTIFICATE OF FORMATION The undersigned authorized person, desiring to form a limited liability company pursuant to the Limited Liability Company Act of the State of Delaware, hereby certifies as follows: 1. Name. The name of the limited liability company is: CBEP Land 2, LLC 2. Registered Agent. The Registered Agent and the Registered Office are: Registered Agent Solutions, Inc. 9 E. Loockerman Street, Suite 311 Kent County Dover, Delaware 19901 3. Commencement. The Company will commence its existence on the date this Certificate of Formation is filed with the Delaware Secretary of State. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Formation. Date: September 17, 2021 By: /s/Karin Tupper Name: Karin Tupper Title: Authorized Person Sate of Delaware Secretary of State Division of Corporations Delivered 06:52 PM 09/17/2021 FILED 06:52 PM 09/17/2021 SR 20213280247 - File Number 6244993 4822-2146-2779.1 Diana Aungst From: Melissa King Sent: Tuesday, May 17, 2022 10:18 AM To: Jennifer Fuller; Diana Aungst; Dawn Anderson Subject: RE: RECX13-0060 Vacation request Diana Jennifer is spot on. No add'I items from this end of the ship. Thanks Melissa Melissa J King, PE Development Review Engineer Department of Planning Services Weld County 1555 North 17"' Avenue Greeley, CO 80631 (970) 400-3762 LEADING WITH RESPONSIVE, INNOVATIVE AND COST EFFECTIVE SERVICES From: Jennifer Fuller <jfuller@weldgov.com> Sent: Monday, May 16, 2022 9:32 AM To: Diana Aungst <daungst@weldgov.com>; Dawn Anderson <dranderson@weldgov.com>; Mike McRoberts <mmcroberts@weldgov.com>; Melissa King <mking@weldgov.com>; Tiffnee Lamb <tklamb@weldgov.com> Subject: RE: RECX13-OO6O Vacation request Hi Diana, Lot B currently has two permitted access points on CR. 64, along the northern boundary of the property —1 O&G access which is approx. 410ft. from the western property boundary, and 1 AG access along the eastern boundary. The southern boundary appears to have an access on CR. 62, along the eastern boundary, however, this section of road has been annexed by the City of Greeley, so Weld County would not issue access permits along this portion. Lot A contains its own respective access points (1 RES and 1 AG), no concerns. No concerns of note with the vacation request, but once the further subdivision of the lot is recorded, the applicant/property owner will need to apply for the appropriate access permits (i.e. residential) for accesses along CR. 64. Access along CR. 62 will be deferred to the City of Greeley. Thank you. Jennifer Fuller Development Review - Access Permits 1555 N 17th Ave, PO Box 758 I Greeley, CO 80631 jfulleranweldgov.com 1970-400-3728 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Diana Aungst <daungst@weldgov.com> Sent: Monday, May 16, 2022 9:02 AM To: Dawn Anderson <dranderson@weldgov.com>; Mike McRoberts <mmcroberts@weldgov.com>; Melissa King <mking@weldgov.com>; Tiffnee Lamb <tklamb@weldgov.com>; Jennifer Fuller <ifuller@weldgov.com> Subject: FW: RECX13-0060 Vacation request Hi — I received a request to vacate Lot B of RECX13-0060. I've attached the original plat and the vacation plat. Please let me know if you have any concerns. Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 a 970-400-3524 0:970-400-6100 Fax:970-304-6498 daunoot ct weldgov. com www.weldqov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Bobby W. Dishell <Bobby.Dishell@moyewhite.com> Sent: Tuesday, April 26, 2022 2:41 PM To: Diana Aungst <daungst@weldgov.com> Cc: Zach Brammer <zach@cloudbreakenergy.com>; Howard@rsmroadrunner.com Subject: RE: RECX13-0060 Vacation request Cats on:This email originated from outside of Weld County Government. Do not click links or open attachments unless,you recognize i he sand know the content is safe:- 2 Hi Diana, Thanks for helping us manage these. I've pulled the requests up for convenience. 1) Access information for the vacated property. - While we do not have an official site plan yet, after the property is vacated and subdivided, there will be two access roads on CR 64 (one for each of the 2 northern parcels) and one access road on CR 62 (for the southern/third parcel). 2) Documentation indicating who is the manager or the partners of CBEP Land 2, LLC. See attached corporate consent used to acquire the Property. 3) If MoyeWhite is the Authorized Agent then I need an Authorization form from the authorized signer for CBEP Land 2, LLC stating that he authorizes MoyeWhite to represent him in this case. The application form would need to be updated too. CBEP Land 2, LLC is the Authorized Agent. Moye White, as CBEP Land 2, LLC's attorneys represent CBEP Land 2, LLC and assist them with their business matters from time to time. The engagement letter between Moye White and Cloudbreak is protected by attorney client privilege. Please let me know if we need to hop on the phone to discuss this point as I'd strongly prefer not to walk through this each time we submit an application or send an email on behalf of our client. 4) $250.00 fee. Paid Thanks, Bobby From: Diana Aungst <daungst@weldgov.com> Sent: Tuesday, April 26, 2022 2:34 PM To: Bobby W. Dishell <Bobby.Dishell@moyewhite.com> Cc: Zach Brammer <zach@cloudbreakenergy.com>; Howard@rsmroadrunner.com Subject: RE: RECX13-0060 Vacation request Caution: External E -Mail Hi Bobby: I did receive the fee on this case but the other items listed below are still outstanding. Please submit them when you have a chance. Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax: 970-304-6498 daungst(a� weldgo v. corn www. weldgov. corn O O OD Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in 3 error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Diana Aungst Sent: Tuesday, April 19, 2022 3:45 PM To: Bobby W. Dishell <Bobby.Dishell@moyewhite.com> Cc: Zach Brammer <zach@cloudbreakenergy.com>; Howard@rsmroadrunner.com; Kim Ogle <kogle@weldgov.com> Subject: RECX13-0060 Vacation request Hi Bobby: On the case for RECX13-0060 I need the following information: 1) Access information for the vacated property. 2) Documentation indicating who is the manager or the partners of CBEP Land 2, LLC. 3) If MoyeWhite is the Authorized Agent then I need an Authorization form from the authorized signer for CBEP Land 2, LLC stating that he authorizes MoyeWhite to represent him in this case. The application form would need to be updated too. 4) $250.00 fee. Please also submit the $250.00 fee for RE -4163. Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 daunaot anwelddov.com www.welduov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by retum e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the tanned recipient is strictly prohibited. From: Bobby W. Dishell <Bobby.Dishell@moyewhite.com> Sent: Thursday, April 14, 2022 6:05 AM To: Diana Aungst <daungst@weldgov.com> Cc: Zach Brammer <zach@cloudbreakenergy.com>; Howard@rsmroadrunner.com Subject: Plat Vacation Applications fa sea cderarid knt Hi Diana, riginated from outsideof Weld County Government. content rs safe.'. 4 jot i recognize the Thanks for all your help on the Griffiths plat vacation. Attached are two more plat vacation applications. Are you the best person to work with on these? If not, could you connect us with the right person? Please note that these applications are being submitted on behalf of my client, who is the authorized agent for the vacation of Recorded Exemption No. 0709-32-02 RE 4163 and is the landowner for vacation of Exemption No. 0803-34-3 RECX13-OO6O. I've also Cc'd the Surveyor to help expedite the implementation of any survey tweaks. Please let me know if you have any questions, comments, or if there is anything else we can provide to help move the process along. Thanks, Bobby Bobby Dishell [he/him/his] Attorney (303)291-1531 ► Profile l ► vCard l ► Linkedin 1400 16th Street, 6th Floor Moye White Denver, Colorado 80202-1486 Office: 303 292 2900 Fax: 303 292 4510 0.0 www.moyewhite.com Certified Ally Law Coperation The information contained in this communication is confidential, may constitute inside information, is intended only for the use of the addressee, and is the property of Moye White LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return email and destroy this communication and all copies thereof, including all attachments. 4787110 12/21/2021 02:27 PM Total Pages: 3 Rec Fee: $23.00 Doc Fee: $61.21 Carly Koppes - Clerk and Recorder, Weld County , CO RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CBEP Land 2, LLC Attn: Zachary Brammer 4845 Pearl East Circle, Suite 118 #53242 Boulder, Colorado 80301 SPACE ABOVE THIS LINE FOR RECORDER'S USE SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is dated as of the day of December, 2021, between Sorin Natural Resource Partners, LLC, a Colorado limited liability company ("Grantor"), whose street address is 1400 16th Street, Suite 320, Denver, Colorado 80202, and CBEP Land 2, LLC, a Delaware limited liability company ("Grantee"), whose street address is 4845 Pearl East Circle, Suite 118 #53242, Boulder, Colorado 80301. WITNESSETH, that Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto Grantee, all of that certain real property in the County of Weld and State of Colorado that is legally described on Exhibit A attached hereto (the "Property"); TOGETHER WITH all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of Grantor, either in law or equity, of, in and to the Property; TO HAVE AND TO HOLD the Property unto Grantee forever; SUBJECT to statutory exceptions as defined in C.R.S. § 38-30-113(5)(a). AND Grantor hereby binds itself and its successors to warrant and defend the title, as against all acts of Grantor herein and none other, subject to statutory exceptions as defined in C.R.S. § 38-30-113(5)(a). Recording No pi 7.1 Rec:ordinf uttrt'Sd by. rl TG-NCs (; :orado 4787110 12/21/2021 02:27 PM Page 2 of 3 IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed as of the day and year first written above. Sorin Natur• Resource Partners, LLC, a Colorado limited liab lit company By: Name: Aaron M. Patsch Title: Authorized Representative STATE OF COLORADO COUNTY OF WNW - The fore oing instrument w ackno ged before me this 17 day of December, 2021, by f 11 M Palb(a„ as 1iltli�{Z �il�l��tl 'Morin Natural Resource Partners, LLC, a Colorado limited liability company. WITNESS my hand and official seal. Signature r _ 6mta 1,0"- A,h (Seal) 4787110 12/21/2021 02:27 PM Page 3 of 3 EXHIBIT A Legal Description of the Property The Property is the following legally described real estate in the County of Weld, Colorado LOT B, RECORDED EXEMPTION NO. 0803-34-3 RECX13-0060, AS RECORDED NOVEMBER 13, 2013 AT RECEPTION NO. 3977741, COUNTY OF WELD, STATE OF COLORADO. SUBJECT TO COUNTY ROAD RIGHT-OF-WAY. 17866149_x5 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Sorin Natural Resource Partners. LLC RECX13-0060 Planner: Kim Ogle Legal Description Lot of Section B. Amended 34, T6N, Recorded R65W of Exemption the 6th P.M., No. 788 Weld being County, part of CO the E2NW4 and W2E2SW4 Parcel ID #. 0803-34-0-00-029 and 0803-34-0-00-081 Lot A Size: 5 +/- acres Lot B Size: 113+/- acres Water Source. Lot Lot A: B: NWCWD Proposed Tap NWCWD No. 456 Sewer Lot Lot A: SP B: Proposed -1300129 ISDS Septic System Yes No X X X X Criteria Checklist Conforms with Chapter 22 of the Weld County Code and iany 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. X 5. Complies with Recorded Exemption standards in Section 24-8-40 of the Weld County Code. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Narrative The applicant is proposing to complete a two lot Recorded Exemption on a parcel of ground described as 118 acres. Proposed Lot A will utilize an existing NWCWD Tap for potable water and install a new septic system, SP -1300129. The existing residence located at 21308 County Road 64 has been demolished with the intention of construction a new single family residence at this same location. Lot B will be served by NWCWD and by a septic system in the future should development occur. There is a floodplain associated with Sand Creek crossing the northeastern corner of the property as delineated on FIRM Community Panel map 080266-0629C dated September 28, 1982. Prior to recording the plat; the applicant will be required as a condition of approval to correct the Co -Personal Representatives' Deed, Reception No. 3442389 dated December 15, 2006 as the real property description is incorrect. 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 Topographic or physical features of the proposed Lot B such as ravines, ditches, streams etc may limit the area available for a new or replacement septic system Prior to recording the plat the Weld County Department of Public Health and Environment recommends that the applicant review the Weld County Code pertaining to septic systems to assure that any installed septic system will comply with all setback requirements found in the Code In the event the proposed lot is not of sufficient size to allow the installation of a septic system the lot may need to be enlarged 3 The West Greeley Soil Conservation District has provided information regarding the soils on the site The applicant shall review the information and use it to positively manage on site soils 4 Prior to recording the plat A The applicant shall submit a new Deed to replace the Co -Personal Representatives' Deed, Reception No 3442389 dated December 15, 2006 as the real property description is incorrect B Submit documentation from North Weld County Water District indicating that water service is available for proposed Lot B C All items considered to be part of a noncommercial junkyard, for instance tree limbs and brush, black plastic, plastic drums and miscellaneous concrete located south of County Road 64 near the silage pits must also be removed from the property or screened from adjacent properties and public rights -of -way D Lot A shall comply with the one (1) acre net minimum lot size required by Section 24-8-40 L of the Weld County Code Net acreage calculations should not include reserved road right- of-way E 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 5 Items to be included on the plat A The plat shall be titled Recorded Exemption No 0803-34-3 RECX13-0060 B Show the approved access points on the Plat and label with the access permit number (will be provided) C County Road 64 is designated on the Weld County Road Classification Plan as a local 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 and this information shall be noted on the plat 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 This road is maintained by Weld County D County Road 62 has been annexed by the City of Greeley Access and right-of-way requirements for accesses onto CR 62 will be determined by the City The applicant shall verify the existing right-of-way and the documents creating the right-of-way with the City of Greeley and this information shall be noted on the plat 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 This road is maintained by the City of Greeley E The oil and gas setback radiuses for existing wellheads and tank batteries on the site shall be indicated in accordance with Section 23-3-50 E of the Weld County Code F Show and label the boundaries of the 100 year floodplain on the Plat 6 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 2012 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead or within a twenty -five-foot radius of any plugged or abandoned oil and gas well Any construction within a two -hundred -foot radius of any tank battery or one -hundred -fifty -foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10 C of this 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) All structures requiring building permits shall be located within the designated building envelope 5) WARNING LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION Please be advised that owners of Lot B may not be able to obtain building permits to construct non-agricultural structures in the floodplain All construction or improvements occurring in the floodplain as delineated on Federal Emergency Management Agency FIRM Community Panel Map #080266 0629C dated September 28, 1982, shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code and all applicable FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65 6) Flood hazard development permits will be required for development activities located within the FEMA mapped Sand Creek Floodplain The FEMA definition of development is any man-made change to improved or unimproved real estate, including by not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials 7) FEMA's floodplain boundaries may be updated at any time by FEMA Prior to the start of any development activities, the owner should contact Weld County to determine if the floodplain boundaries have been modified 8) The installation of any septic system within the 100 -year flood plain shall comply with the Weld County ISDS flood plain regulations In accordance with the Colorado ISDS Regulations, no septic systems shall be installed within the floodway Please contact Weld County Public Works to verify flood plain vs floodway 9) All Weld County Individual Sewage Disposal System (ISDS) regulations and policies apply A minor repair permit is required to connect into the existing ISDS 10) 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 11) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot B has an adequate water supply of sufficient quality, quantity and dependability 12) Prior to the release of building permit, the applicant shall submit evidence of approval from the Western Hills Fire Protection District to the Weld County Budding Department 13) Pursuant to Chapter 15, Articles I and II of the Weld County Code, if 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 14) 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 8 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 15) A building permit may be required, for any new construction, alteration, or addition to any building on the property, per Section 29-3-10 of the Weld County Code A building permit application must be completed and two complete sets of plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review A geotechnical engineering report performed by a registered State of Colorado engineer or a open hole inspection shall be required 16) Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application Currently the following has been adopted by Weld County 2006 International Residential Building Code, 2012 International Energy Code, 2006 International 2011 National Electrical Code, and Chapter -29 of the Weld County Code A plan review shall be approved and a permit must be issued prior to the start of construction (Department of Building Inspection) 17) The structures proposed to have changes of uses and invite the public in to a business will require commercial building permit for change of use A code analysis, floor plan and complete set of plans for any alteration and probably a structural analysis by a professional engineer will be required to the start of construction (Department of Building Inspection) 18) Any disturbance of wetlands shall require the applicant to contact the Army Corps of Engineers for permits pursuant to Section 404 of the Clean Water Act 19) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -wide Road Impact Fee Program (Department of Planning Services) 20) Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs\(Department of Planning Services) 21) A Weld County Septic Permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations Please note, the lot owners shall verify with the nearest Town/City or Sanitation District to determine the location of the nearest sewer line In accordance with the Weld County Code, if a sewer line exists within 400 feet of the property 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 22) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment, slow -moving farm vehicles on rural roads, dust from animal pens, field work, harvest and gravel roads, odor from animal confinement, silage and manure, smoke from ditch burning, flies and mosquitoes, hunting and trapping activities, shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and fertilizers in the fields, including the use of aerial spraying It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County Section 35-3 5-102, C R S , provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4;000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas. in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. The applicant shall submit two (2) paper or one (1) electronic .pdf copy 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. 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 may be added for each additional 3 month period. 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 maybesenttomaps@co.weldco.us 10. 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 gle I Planner Ill Date July 3, 2013 Hello