HomeMy WebLinkAbout20221020.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION,
RECX19-0069, FOR REMOVAL OF LOT D - COBRA VENTURES, LLC, C/O
MICHAEL MCCRERY
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 August 1, 2019, the Department of Planning Services approved Four -Lot
Recorded Exemption, RECX19-0069, and
WHEREAS, the Board has received a request from the current property owner, Cobra
Ventures, LLC, c/o Michael McCrery, 1719 East Mulberry Street, Fort Collins, Colorado 80524, to
vacate Lot D of Recorded Exemption, RECX19-0069, located on the following described real
estate, to wit:
Lot D of Recorded Exemption, RECX19-0069; being
part of the N1/2 of Section 15, Township 9 North,
Range 64 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of the
Department of Planning Services staff and all of the exhibits and evidence presented in this matter
and, having been fully informed, deems it advisable to approve said partial vacation, and makes
the following findings:
1. No property resulting from the vacation will be left without access to a public road
right-of-way.
2. No property resulting from the vacation will continue to use any access across any
other lots within the exemption plat.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Cobra Ventures, LLC, c/o Michael McCrery, for Partial
Vacation of Four -Lot Recorded Exemption, RECX19-0069, for removal of Lot D, 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.
4817799 Pages: 1 of 2
04/11/2022 02:22 PM R Fee:$0.00
Carly Koppes, Clerk and Reoorder, Weld County , CO
it NAlli1I 111
CC:PL(TP/ tw), APPL.
14/i4/22
2022-1020
RECX19-0069
PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION, RECX19-0069, FOR
REMOVAL OF LOT D - COBRA VENTURES, LLC, C/O MICHAEL MCCRERY
PAGE 2
2. As described in Section 24-11-50.G of the Weld County Code, the applicant shall
provide proof that any easement holders' interests have been satisfied.
3. A new 30 -foot Access and Utility Easement Agreement, signed by all owners that
currently benefit from the easement, shall be recorded to provide access to Lot C.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of April, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLORADO
ATTEST: dim, w •�C,Gto•�
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPED AS T
ounty Att• ey
Date of signature: LI /7/V-
4817799 Pages: 2 of 2
04/11/2022 02:22 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
VIII l���t Y�'all��� �iuW M'�IJ�I"II�4�lil'I� W�h III II
tt K. James,
Chair
tK`
11f -
Mike man, Pro-Tem
erry L. Buc
teve Moreno
Lori Saine
2022-1020
RECX19-0069
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Weld County Board of County Commissioners
From: Maxwell Nader, Planner
Subject: Partial Vacation of RECX19-0069
Hearing Date: April 4, 2022
Owners: Cobra Ventures, LLC, c/o Michael McCrery
Legal Description: Lot D Recorded Exemption RECX19-0069; being a part of the N2 of Section 15, T9N,
R64W of the 6th P.M., Weld County, CO
Location: South of and adjacent to County Road 106; west of and adjacent to County Road 57
Parcel Number: 0459-15-1-00-004
Total Parcel Size: +/- 144.78 acres Zone District: A (Agricultural)
Summary:
Cobra Ventures, LLC, c/o Michael McCrery requests to vacate Lot D, being the largest lot of Four -Lot
Recorded Exemption RECX19-0069, recorded December 18, 2019, reception #4551472. This partial
vacation of Lot D of RECX19-0069 would result in an approximately 144 acre unplatted parcel. Lots A, B
and C of RECX19-0069 are not a part of this action. Lot C does utilize a 60' access and utility easement
created by RECX19-0069. Therefore, the applicant will need to create a new 60' access and utility
easement by separate document to ensure Lot C of RECX19-0069 still has adequate access. This
agreement will need to be signed by all owners that currently benefit from the easement.
Vacation Criteria:
The Vacation of a Recorded Exemption plat criteria are detailed in Chapter 24, Article XI of the Weld County
Code, being the Obsolete Land Divisions Article within the Weld County Subdivision Ordinance.
Section 24-11-10.A of the Weld County Code, states in part: "Previously approved Recorded Exemptions
and Subdivision Exemptions may be amended, corrected, or vacated."
Section 24-11-50 of the Weld County Code, provides specific criteria for the vacation process. The
processing of this vacation and memorandum have been prepared in accordance with this Code section.
Section 24-11-50.A of the Weld County Code details the items to be submitted by the property owners in
order to request a complete or partial vacation of an exemption. The submitted materials were deemed
complete and include the vacation request letter (Exhibit B) and the draft vacation plat map (Exhibit C).
Section 24-11-50.B of the Weld County Code, allows for partial vacations, which may be used to vacate
the largest lot within a Recorded Exemption plat, which is greater than thirty-five (35) acres in size, without
affecting the remaining lot(s) within the same plat. The submitted vacation request complies with this code
section.
2022-1020
Vacation of RECX19-0069 I Cobra Ventures, LLC, c/o Michael McCrery
Page 1 of 2
Lc.1 I c -ooh/'
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.
B. The applicant shall create a new 30' access and utility easement by separate document to ensure
Lot C of RECX19-0069 still has an adequate access. This agreement will need to be signed by all
owners that currently benefit from the easement.
Exhibits:
A: RECX19-0069 plat
B: RECX19-0069 Staff Comments
C: Vacation Request Letter
D: Draft Vacation plat
Vacation of RECX19-0069 I Cobra Ventures, LLC, c/o Michael McCrery
Page 2 of 2
February 25, 2022
Weld County Planning Department
Attn Michael Hall
1555 N 17th Ave
Greeley, CO 80631
Michael,
I am writing to request the vacation of Lot D Recorded Exemption No 0459-15-1
RECX19-0069 which is located in the North Half of Section 15, Township 9 North,
Range 64 West of the 6th P M
There are no improvements on Lot D of this recorded exemption although houses are
being built on Lots A, B & C The purpose of vacating Lot D is so that the acreage is not
platted and can be divided into 35 acre parcels
No easements or rights -of -way utilized by Lots A, B or C will be affected as a result of
this Lot D being vacated The access points for Lots A, B & C of this Recorded
Exemption will remain the same Any parcels that are created on the land that is
currently Lot D will have new access points
Please feel to free to reach out with any questions, I can be reached at 970-214-7162
Sincerely,
Ad
ill
CC/LQ-1/
Michael McCrery, Manager
Cobra Ventures, LLC
VACATION OF LOT D OF RECORDED EXEMPTION NO 0459-15-1 RECX19-0069
BEING LOCATED WITHIN THE NORTH ONE—HALF OF SECTION 15
TOWNSHIP 9 NORTH RANGE 64 WEST OF THE SIXTH P M
COUNTY OF WELD STATE OF COLORADO
—N-- ( 202 2 103100 4- -0.-aa
R POW
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VACATED PARCEL DESCRIPTION
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PROPERTY OWNER S CERTIFICATE
aSCRIBED PROP RIT oo"nERIST WWINTSOLE RY .W2 DIE LE OF ANo HEREON
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NEWS -0059
8000 NO
I19-0400
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: April 4, 2022
TIME: 9 00 a m
APPLICANT:
Cobra Ventures, LLC
c/o Michael McCrery
1719 East Mulberry Street
Fort Collins, Colorado 80524
REQUEST: Partial Vacation of Four -Lot Recorded Exemption, RECX19-0069, for Removal of
Lot D
LEGAL DESCRIPTION: Lot D of Recorded Exemption, RECX19-0069, being part of the N1/2 of
Section 15, Township 9 North, Range 64 West of the 6th P M , Weld County, Colorado
LOCATION: South of and adjacent to County Road 106, west of and adjacent to County Road 57
(See Legal Description for precise location)
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: March 23, 2022
ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
RECX19-0069
Owner
CMH HOMES, INC
PAUL AND SHAYNA NOVY
COBRA VENTURES, LLC
Address
5000 CLAYTON ROAD
51857 COUNTY ROAD 57
1719 EAST MULBERRY STREET
City
State Zip
MARYVILLE TN
AULT CO
FORT COLLINS CO
37804-5550
80610-9213
80524-3523
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, RECX19-0069, in the United States
Mail, postage prepaid First Class Mail as listed above.
Dated the 23rd day of March, 2022.
c3txxr4iyi . a3aik
Janet M. Warwick
Deputy Clerk to the Board
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7017 1450 0000 9675 0664
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Domestic Return Receipt
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/16/2022
2:30:18 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Property Owners Within 500 Feet of Parcel # 045915100004
cwtrM u1a«�zk_
Signature
Date
Account
Parcel
Owner
Mailing
Address
R1379302
045910100008
DIEHL
MILDRED
C
R1379302
045910100008
DIEHL
ELMER
FAMILY
TRUST
709
GREELEY,
61ST
AVENUE
CO
806347982
CT
R1379502
045910300010
DIEHL
MILDRED
C
R1379502
045910300010
DIEHL
ELMER
FAMILY
TRUST
709
GREELEY,
61ST
AVENUE
CO
806347982
CT
R0378086
045911000004
TRACY
CHERYL
A
R0378086
045911000004
STEVEN
A
38725
EATON,
COUNTY
CO
806158724
ROAD
35
TRACY
R6775886
045914200001
LYNCH
RANCH
LLP
51788
AULT,
COUNTY
CO
806109214
ROAD
57
R8964267
045915100003
kat
le
ei
NOVY
SHAYNA
G
R8964267
045915100003
LC
1-
C,
NOVY
PAUL
DEREK
51857
AULT,
COUNTY
CO
806109213
ROAD
57
Parcels: 10
Owner Records: 14
Page 1 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/16/2022
2:30:18 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Property Owners Within 500 Feet of Parcel # 045915100004
).itEdiat
- tAYiLL
AIL/jazz
Signature
Date
Account
Parcel
Owner
Mailing
Address
R8964268
045915100004
Lu
I-
COBRA
VENTURES
LLC
1719
FORT
E
COLLINS,
MULBERRY
ST
CO 805243523
R8964265
045915200001
LO
le k
CMH
HOMES
INC
5000
MARYVILLE,
CLAYTON
TN
RD
378045550
R8964266
045915200002
LE;
.•
CMH
HOMES
INC
5000
MARYVILLE,
CLAYTON
TN
RD
378045550
R8960700
045915200015
COBRA
VENTURES
LLC
1719
FORT
E
COLLINS,
MULBERRY
ST
CO 805243523
R8960702
045915400017
COBRA
VENTURES
LLC
1719
FORT
E
COLLINS,
MULBERRY
ST
CO 805243523
Parcels: 10
Owner Records: 14 Page 2 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/16"2022
2:30:18 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Property Owners Within 500 Feet of Parcel # 045915100004
Parcels: 10
Owner Records: 14
LOOlcJ) c%,
Slittlezt
Signature
Date
Page 3 of 3
PLAT VACATION APPICATION
RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS
FOR PLANNING DEPARTMENT USE DATE RECEIVED
PLANNER ASSIGNED
PLAT INFORMATION
Title of plat to be vacated Recorded Exemption No 0459-15-1 RECX19-0069 s 15 T9N R64W
®Complete Vacation (must include all lots) 0 Partial Vacation of the largest lot (must be over 35 acres)
List of lots to be vacated
Lot Parcel Number Acreage Affected Easements
D
045915100004
144 78
PROPERTY OWNER(S) (Attach additional sheets if necessary)
Name Cobra Ventures, LLC
Company
Phone #
970-214-7612
Email michaelmccrery@colorado-land corn
Street Address 1719 E Mulberry Street
City/State/Zip Code Fort Collins, CO 80524
APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent)
Name Cobra Ventures, LLC
Company
Phone #
970-214-7612
Email michaelmccrery@colorado-land corn
Street Address 1719 E Mulberry Street
City/State/Zip Code Fort Collins, CO 80524
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
V?icIaJnature Owner or Authorized Age', Date Signature Owner or Authorized Agent
Michael J McCrery, Manager 1Y'
Pnnt Owner or Authorized Agent Print Owner or Authorized Agent
7/20/2021
Date
OPERATING AGREEMENT
of
COBRA VENTURES, LLC
This OPERATING AGREEMENT of Cobra Ventures, LLC, is made as of the 8th
day of May, 2014, by Cobra Ventures, LLC, a Colorado limited liability company (the
"Company") and Michael 7. McCrery ("McCrery"), as its sole member.
RECITALS
A. The Company was formed pursuant to the Colorado Limited Liability
Company Act, Article 80 of Title 7 of the Colorado Revised Statutes as amended, (the
"LLC Act"), on May 7, 2014, by the filing of Articles of Organization (the "Articles") in
the office of the Colorado Secretary of State.
B. The Company and its sole member desire to enter into this limited liability
pany agreement pursuant to the LLC Act.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
ARTICLE 1
GENERAL
1.1, Purpose of the Company. The purpose of the Company is to engage•inthe.
transactions of any lawful business.
1.2. Powers. The Company shall have all the powers of a limited liability
company under the LLC Act.
1.3. Duration. The Company shall hav`perpetual existence and shall continue
until it is dissolved pursuant to Article 6 of this Agreement.
1.4. Effect of Operating Agreement. This Agreement shall be tie sole
governing document for the Company. The provisions of this.Agreement shall control
over provisions of the I I C Act contrary to the provisions of this Agreement, except to
the extent any provisions of this Agreement are expressly prohibited or ineffective under
the LLC Act or other applicable law. The manager shall be entitled to rely upon the
provisions of this Agreement, and the manager shall not be liable to the Company for any
action taken, any omission or any refusal to act, in reliance upon the provisions of this
Agreement in good faith.
ARTICLE 2
OFFICE; RECORDS
LI. Principal Place of Business. The principal place of business of the
Company shall be determined by the member from time to time. The initial principal
place of business shall be as stated in the Articles.
2.2. Registered Office and Agent. The Company shall at all times have and
maintain in the State of Colorado a registered agent for service of process in accordance
with the LLC Act. The initial registered agent and the agent's business address are as
specified in the Articles. The member may change the registered agent of the Company
upon making the filings with the office of the Colorado Secretary of State as required by
the LLC Act. The registered agent may change its business address upon notice to the
Company and upon making the filings with the office of the Colorado Secretary of State
as required by the LLC Act.
2.3. Records. The member shall keep and maintain at the principal.o
Company, and otherwise, such books and records as the member may determine to be
appropriate.
ARTICLE 3
MEMBER
3.1. Initial Member. Michael J. McCrery shall be the sole member of the
Company.
3.2. Meetings. No annual or other meetings of the Company or its member shall
be required. Except as otherwise expressly provided in this Agreement, all actions of the
Company shall be taken by consent of the member.
33. Consent. Except for the amendment of this Agreement, and the admission
of an additional member and the appointment of'an agent for the Company, which shall
require the written consent of the member, consent of the member may be manifested by
the member in writing, orally or otherwise (including, without limitation, course of
conduct).
3.4. Transfer of Interest. The interest of the member in the Company may be
transferred by the member voluntarily or by operation of law. Upon transfer of the
entirety of the member's interest in the Company, the transferee shall, without further
documentation or action, become the member of the Company.
2
r
Admission of Additional Members. Except as provided in Section 3.4, a
party may be admitted as ors additional member of the Company only upon the
consent of the member. Upon the admission of any additional member, such memi
shall execute this Agreement, as amended to take into account the interest of such
additional member, the resulting change in the income tax status of the Company and
other matters as may be agreed by the member and such additional member.
3.6. Liability of Member. The member shall not be liable under a judgm
decree, order of a court, or in any other manner, for any debt, obligation or liability of the
Company.
luties of the Member. The member shall be required to devote only so
much time and attention to the business of the Company as the member may, in its sole
discretion, determine. The member shall be entitled to engage in other activities and
businesses, including, without limitation, activities and businesses: competitive with the
activities and businesses of the Company. The member shall not be required to give the
Company the opportunity to participate in, or benefit from, any such activities or
businesses.
3.8. Conflicts of Interest. A member does not
the Company merely because the member's conduct, furthers t
A member may lend money to, borrow money from, act as a suret
for, guarantee or assume one or more obligations of, provide collateral
other business with, the Company, and has the same rights and obligations
any such matters as those of a person who is not . a member of the Company. No
transaction shall be voidable solely because the member has a direct or indirect interest in
ration if the transaction is fair to the Company.
3.9. Indemnification. Without limiting any other obligation of the Company to
ember, the Company shall indemnify the member, and manager with respect to, and
make advances for, the payments made, personal liabilities incurred, and expense's
incurred, by the member in the ordinary and proper conduct of the Company's business
and affairs (including the winding up thereof) or ' the preservation of the Company's
business or property, to the ' maximum extent indemnification and. advances are permitted
under of the TLC Act.
with
aty or obligation to
hen's own interest.
uarahtor or endorser
for =mtt act
respect to
■
ARTICLE 4
MANAGEMENT
4.1. Powers. The management of the Company shall be vested in the manager,
who shall have, with respect to the Company and its business and affairs, all of the
powers of a manager under the LLC Act. The manager shall exercise all powers of the
Company. The initial manager shall be Michael J. McCrery. The manager may appoint
another person to be a manager by written consent only.
4.2. Agency. The manager shall be the agent of the Company. The execution or
delivery by the manager on behalf of and in the name of the company of any docume
shall constitute conclusive evidence of (a) the manager's power and authority on behalf
of and in the name of the Company to execute and deliver such document; (b) the power
and authority of the Company to execute and deliver such document and to perform all
obligations (if any) of the Company provided therein; and (c) the truth of any statement
contained therein as to any action taken or to be taken by the manager or the Company
(including such matters as formation, existence, power and authority, authorization,
execution or delivery, the identities and genuine signatures of the manager or agents c
the company and the existence or nonexistence of any fact constituting a condition
precedent to the taking of any action by any of the foregoing). The manager may, by
written instrument, appoint any other agents for the Company as he may elect from time
to time.
ARTICLE 5
`ANCIAL MATTERS
5.1. Initla Capital Contribution. As its initial capital contribution, the
nber has contributed to the Company the following: $5,000.00.
5.2. Additional Capital Contributions. The member may, but shall not be
required to, make any additional capital contributions to the Company.
5.3. Profits and. Losses. For federal and state income tax purposes, t
Company shall be disregarded as an entity separate from the member.
5.4. Distributions. All distributions of cash or other assets ofthe Company.
shall be made to the member, subject to Section 5.5 below, as determined by the member.'
The member shall have the right to demand distributions form the Company in forms
other than cash.
5:5. Limits on Distributions. The Company shall not make a distribution to the
member to the extent that at the time of the distribution, after giving effect to the
distribution, all liabilities of the Company. other than liabilities to the member on account
4
company interest, exceed the fair value of tte ass
;lent otherwise limited by the LLC Act or -other a
.6 yer Identification Number. For federal income tax purposes. and, to
xt permitted by the applicable law, all other purposes, the taxpayer or other
atlors nuttslser (l l of the Company shall be 46-5601882.
Dissolution. The Company shall be dissolved oni
written consent of the member; or'
6.2. Winding up. Upon the dissolution o Company, the member
statement of intent to dissolve in the office of the Colorado secretary of State in
accordance with. the LLC Act. Upon the filing of the statement of intent to dissolve,
Company shall cease to carry on its business, except insofar as may be necessary fta
winding up of its business, and the Company shall be wound up by the member or a
otre or more other persons appointed by the member for such a purpose, as liquidati
trustee. The assets of the Company shall be distributed in the following order:
s in the manner required by the LLC Act; and
6.3. Termination.' Upon the completion of winding u
tezrreixsate, and the liquictatirig trustee shall file articles of dissol
Colorado Secretary of Mate .in accordance with LLC Act.
and Assis. This Agreement shall inttr
hereto and their successors and assigns.
7.2. Governing Law, This Agreement shall be governed by and constructed in
accordance with the Laws of the State of Colorado without regard to the principles
applicable to conflicts of laws.
7.3. Severability. Any provision of this Agreement which is invalid or
unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent
of such invalidity or unenforceability without rendering invalid or unenforceable the
remaining terms and provisions of this Agreement, or affecting the validity or
unenforceability of any of the terms or provisions of this Agreement in any other
jurisdiction.
7.4. Amendment. This agreement may be modified or amended only by a
written instrument signed by the member.
7.5. No Third Party Beneficiaries. This Agreement is for the sole benefit of
the Company and the member, and no other person is intended to be a beneficiary of this
Agreement or have any rights hereunder. Without limiting the generality of the foregoing,
except as otherwise expressly provided in the LLC Act or applicable law, no creditor
shall have any rights with respect to any agreement between the Company and the
member with respect to capital contributions or otherwise under this Agreement.
WITNESS WI -HEREOF, this Operating Agreement of Cobra Ventures, LLC,
has been executed as of the 8th day of May, 2014.
COBRA VENTURES, LLC, a Colorado limited
liability company
4783232 Pages: b of 1
09/07/2021 09.13 AM R Fee $13 00 D Fee $0.00
Carly Koppes, Clark and Recorder, Weld County , CO
IM��s�I11'1 �4i4�'a� �M�� i� ibm Firs 'I� �'� fl4�ls 11111
Quit Claim Deed
(Pursuant to 38-30-116 C R S )
THIS DEED, made on AUGUST 31, 2021 by COBRA VENTURES, LLC, A COLORADO LIMITED
LIABILITY COMPANY Grantor(s), of the County of LARIMER and State of COLORADO for the
consideration of *** TEN DOLLARS AND NO/100 *** dollars in hand paid, hereby sells and quitclaims to
COBRA VENTURES, LLC, A COLORADO LIMITED LIABILITY COMPANY Grantee(s), whose street address
is 1719 E MULBERRY STREET, FORT COLLINS, CO 80524 County of LARIMER, State of COLORADO, the
following real property in the County of WELD, and State of Colorado, to wit
LOT D, RECORDED EXEMPTION NO. 0459-15-1 RECX19-0069, RECORDED
DECEMBER 18, 2019 AT RECEPTION NO. 4551472, BEING A PART OF THE NORTH
HALF OF SECTION 15, TOWNSHIP 9 NORTH, RANGE 64 WEST OF THE 6TH P.M.,
COUNTY OF WELD, STATE OF COLORADO
also known by street and number as VACANT LAND, AULT, CO 80610
with all its appurtenances
COBRA VENTURES, LLC, A COLORADO LIMITED LIABILITY COMPANY
MICHAEL J. MCCRERY, MAN ER
State of COLORADO
)ss
County of LARIMER
The foregoing instrument was acknowledged before me this day o9-07
f-a?0��
by MICHAEL J. MCCRERY, MANAGER FOR COBRA VENTURES, LLC, A COLORADO LIMITED
LIABILITY COMPANY
Notary Public
My commission expires U {/
LORI LEINGANG
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19924008106
My Commission Expires March 11, 2021
When recorded return to COBRA VENTURES, LLC, A COLORADO LIMITED LIABILITY COMPANY
1719 E. MULBERRY STREET, FORT COLLINS, CO 80524
tl
August 1, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue
Greeley, Colorado 80631
Website: www.weldgov.com
Email: mhall@weldgov.com
Phone: (970) 400-3528
Fax: (970) 304-6498
Michael J. McCrery
1719 E Mulberry Street
Fort Collins, CO 80524
Subject: 4 -Lot Recorded Exemption RECX19-0069
Parcel ID #: 0459-15-0-00-008
Dear Cobra Ventures, LLC c/o Michael J. McCrery,
The Department of Planning Services has reviewed your application and related materials for compliance with
the Weld County Code. We find that your proposed Recorded Exemption meets the intent of the Code and it
has been conditionally approved by staff. We have enclosed our comments for your case.
Please address all issues identified in the staff comments. Prior to submitting the Mylar, please submit an
electronic draft (PDF) of your plat for review by the Department of Planning Services staff. Upon approval of
the draft plat please 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 after the date the
Administrative Review was signed or after the date of the Board of County Commissioners resolution. There is
a $13 dollar recording fee per Mylar sheet that you will be responsible for paying to record the plat; additional
pages are $10 each. 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 recording continuance charge shall be added for each additional 3 month period.
Please contact me with any questions.
Regards.
f%/
Michael Hall
Planner II
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant
Cobra Ventures, LLC
c/o Michael J McCrery
RECX19-0069
Planner Michael Hall
Legal Description
Being a part of the N2 of Section 15, T9N, R64W of the 6th P M , Weld County, CO
Parcel ID #
0459-15-0-00-008
Lot A Size
+/- 7 acres
Lot B Size
+/- 7 acres
Lot C Size
+/- 7 acres
Lot D Size
+/- 141 acres
Water Source
Lot A Proposed Well
Lot B Proposed Well
Lot C Proposed Well
Lot D Proposed Well
Sewer System
Lot A Proposed Septic
Lot B Proposed Septic
Lot C Proposed Septic
Lot D Proposed Septic
Criteria Checklist
Yes No
X 1 Conforms with Chapter 22 of the Weld County Code and
any adopted municipal plan
X 2 Compatible with the existing surrounding land uses
X 3 Consistent with the intent of the zone district
X 4 Consistent with efficient and orderly development
X 5 Complies with Recorded Exemption standards in Section
24-8-40 of the Weld County Code
X 6 Provides for adequate protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County
Narrative The proposed application seeks to split a 165 51 acre metes and bounds parcel of land,
described in the deed, recorded May 28, 2019, reception # 4492131 No parcel number for this parcel has
been assigned yet This deed split the subject recorded exemption parcel off of Section 15, which was
640 acres (PIN 0459-15-0-00-008)
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 Onsite Wastewater Treatment System regulations
RECX19-0069
Page 1 of 6
2 The applicant has proposed a well as the source of adequate water for Lots A, B, C and D Property
owners are advised that the quantity of water available for usage may be limited to specific uses,
i e , "Domestic Use Only," etc Because each situation is unique, the Department of Planning
Services encourages property owners to contact the Office of the State Engineer, Division of Water
Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203 Phone 303-866-3581), to
discuss each individual situation
3 Prior to recording the plat
A The applicant shall address the concerns of the Public Works Referral dated July 8, 2019,
relating to the proposed Lot A, B, C, and D access locations
B The applicant shall address the requirements of the Colorado Division of Water Resources,
as stated in the referral response dated June 10, 2019 Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services
C The applicant shall satisfy the concerns of Weld County School District RE -2, as stated in the
referral response dated June 10, 2019 per Section 24-8-40 K 1 of the Weld County Code
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services
D Lots A, B and C shall comply with the two and one-half (2 1/2) acre net minimum lot size
required by Section 24-8-40 L of the Weld County Code Net acreage calculations should not
include future road right-of-way
E Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by
Section 24-8-10 B of the Weld County Code Net acreage calculations should not include
future road right-of-way
F Lot D shall comply with the one -hundred twenty (120) acre minimum lot size required by
Section 24-8-20 C 3 of the Weld County Code Net acreage calculations should not include
future road right-of-way
4 Items to be included on the plat
A The plat shall be titled Recorded Exemption No 0459-15-1 RECX19-0069
B A 30 foot wide joint access and utility easement extending across Lots A, B, C and D from
County Road 57 or CR 106, for the benefit of Lots A, B, C and D shall be shown clearly on
the plat The joint easement shall be dedicated for the use as shown using the language set
forth in the Weld County Code, Appendix 24-F 2 The easement shall be graded and
drained to provide all weather access
C County Road 106 is a gravel road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of
right-of-way at full buildout The applicant shall delineate and label on the plat the existing
right-of-way (along with the documents creating the existing right-of-way) and the physical
location of the road If the existing right-of-way cannot be verified it shall be dedicated The
applicant shall also delineate the physical location of the roadway Pursuant to the definition
of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required
setback is measured from the future right-of-way line This road is maintained by Weld
County
D County Road 57 is a gravel road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of
right-of-way at full buildout The applicant shall delineate and label on the plat the existing
right-of-way (along with the documents creating the existing right-of-way) and the physical
RECX19-0069
Page 2 of 6
location of the road If the existing right-of-way cannot be verified it shall be dedicated The
applicant shall also delineate the physical location of the roadway Pursuant to the definition
of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required
setback is measured from the future right-of-way line This road is maintained by Weld
County
E Show and label the existing and proposed access point(s) and the usage types (Agriculture,
Residential, Commercial/Industrial, or Oil and Gas) Public Works will review access
locations as a part of the plat submittal
F Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on
the plat per the setback requirements of 23-3-50 E of the Weld County Code
G All recorded easements and rights -of -way shall be delineated on the plat by book and page
number or reception number
5 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 2018 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 25 -foot radius of any plugged or abandoned oil and
gas well Any construction within a 200 -foot radius of any tank battery or 150 -foot
radius of any wellhead shall require a variance from the terms of 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, Lot B and Lot C are not eligible for a future land exemption in accordance with
Section 24-8-20 C 3 of the Weld County Code
4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres
net unless approved by the Weld County Board of Commissioners in accordance with
Section 24-8-40 P of the Weld County Code
5) The property owner or operator shall be responsible for controlling noxious weeds on
the site, pursuant to Chapter 15, Article I and II, of the Weld County Code
6) Weld County will not replace overlapping easements located within existing right-of-
way or pay to relocate existing utilities within the existing County right-of-way
7) Access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite tracking
8) Prior to the release of building permits, the applicant shall be required to submit a
complete access application for a "preliminarily approved" access location as shown
on this plat
9) Any work that may occupy and or encroach upon any County rights -of -way or
easement shall acquire an approved Right -of -Way Use Permit prior to commencement
10) The historical flow patterns and runoff amounts will be maintained on the site
RECX19-0069
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11) All access and utility easements are dedicated for the benefit of all owners of lots
depicted on this plat, including owners of future lots created therefrom, regardless of
lot configuration or number of users, and without limitation of the use or intensity of
the use of such easements No lot owner may install a gate or otherwise impede the
use of such easements without the approval of all persons with rights of use of such
easements
12) 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
13) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lots A, B, C and D have an adequate water
supply of sufficient quality, quantity and dependability
14) Potential purchasers should be aware that Lots A, B and C may not be eligible for a
domestic well permit which allows for outside irrigation and/or the watering of stock
animals The State Division of Water Resources issues all well permits
15) Potential purchasers should be aware that groundwater may not meet all drinking
water standards as defined by the Colorado Department of Public Health and
Environment The Weld County Department of Public Health and Environment
strongly encourages well users to test their drinking water prior to consumption and
periodically thereafter
16) Potential purchasers should be aware that approval of this Recorded Exemption
does not guarantee that well permits will be issued for the lots Any lot may be
deemed non -buildable if the lot owner is unable to obtain a well permit The State
Division of Water Resources issues all well permits
17) Building permits shall be obtained prior to the construction of any building Buildings
that meet the definition of an Ag Exempt Building per the requirements of Section 29-
1-20 and Section 29-3-20 B 13 of the Weld County Code do not need building
permits, however, a Certificate of Compliance must be filed with the Planning
Department and an electrical and/or plumbing permit is required for any electrical
service to the building or water for watering or washing of livestock or poultry
18) Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County -Wide Road Impact Fee Program
19) 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
20) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT Weld County has some
of the most abundant mineral resources, including, but not limited to, sand and gravel,
oil, natural gas, and coal Under title 34 of the Colorado Revised Statutes, minerals are
vital resources because (a) the State's commercial mineral deposits are essential to
the State's economy, (b) the populous counties of the state face a critical shortage of
such deposits, and (c) such deposits should be extracted according to a rational plan,
calculated to avoid waste of such deposits and cause the least practicable disruption of
the ecology and quality of life of the citizens of the populous counties of the state
Mineral resource locations are widespread throughout the County and person moving
into these areas must recognize the various impacts associated with this
development Often times, mineral resource sites are fixed to their geographical and
geophysical locations Moreover, these resources are protected property rights and
mineral owners should be afforded the opportunity to extract the mineral resource
RECX19-0069
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21
WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most
productive agricultural counties in the United States, typically ranking in the top ten
counties in the country in total market value of agricultural products sold The rural
areas of Weld County may be open and spacious, but they are intensively used for
agriculture Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town Along with the drawbacks come the incentives which
attract urban dwellers to relocate to rural areas open views, spaciousness, wildlife,
lack of city noise and congestion, and the rural atmosphere and way of life Without
neighboring farms, those features which attract urban dwellers to rural Weld County
would quickly be gone forever
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area
Well -run agncultural 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
agncultural 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
RECX19-0069
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6 The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld
County Code The applicant shall submit an electronic copy (PDF) of the plat for preliminary
approval to the Department of Planning Services Upon approval of the plat, 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 County Clerk and Recorder by the Department of
Planning Services The Mylar plat and additional requirements shall be recorded within sixty (60)
days from the date the administrative review was signed The applicant shall be responsible for
paying the recording fee
7 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 shall added for each additional 3 month penod
8 If the exemption plat has not been recorded within sixty (60) days from the date the administrative
review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or
unable to meet any of the conditions within sixty (60) days of approval, the application will be
forwarded to the Board of County Commissioners with a staff recommendation for denial The
Director of Planning Services may grant an extension of time, for good cause shown, upon a written
request by the applicant
9 The applicant shall create and record deeds for all the newly created lots, deeds shall include the
legal description of each lot and the reception of the recorded exemption New deeds are required
even if lots will remain under the same ownership Failure to do so may create issues with the
proper assessment of the lots by the Weld County Assessor's Department and may create a
clouded chain of title
By Date 08/01/2019
Michael Hall, Planner II
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