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Home My WebLink About20212504.tiffRESOLUTION RE: APPROVE PARTIAL VACATION OF TWO -LOT RECORDED EXEMPTION, RE -1552, FOR REMOVAL OF LOT B - YAHWEH PROPERTIES, LLC, C/O BRIAN BANNISTER 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 November 17, 1993, the Department of Planning Services approved Two -Lot Recorded Exemption, RE -1552, located on the following described real estate, to wit: Part of Section 23, Township 9 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board has received a request from the current property owner of Lot B of Recorded Exemption, RE -1552, Yahweh Properties, LLC, do Brian Bannister, 440 Richards Lake Road, Fort Collins, Colorado 80524, to vacate said Lot B, and 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; and 2. No property resulting from the vacation will continue to use any access across any other lots within the exemption plat; and 3. No easements are being included in this vacation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Yahweh Properties, LLC, do Brian Bannister, for Partial Vacation of Two -Lot Recorded Exemption, RE -1552, for removal of Lot B, be, and hereby is approved, subject to the following condition: 1. As described in Section 24-11-50(h) and (i), the applicant shall submit an exemption vacation plat and deed to the Department of Planning Services within ninety (90) days. 4753764 Pages: 1 of 2 09/08/2021 10:28 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII 14��1'4ilf l��I ti'I�+X E�r w� t P� E 4'104111 ccPLCAS/ TP), APPLI APPS REP 2021-2504 RE -1552 PARTIAL VACATION OF RECORDED EXEMPTION, RE -1552 - YAHWEH PROPERTIES, LLC, C/O BRIAN BANNISTER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of August, A.D., 2021. BOARD OF COUNTY COMMISSIONERS C � WELD COUNTY, COLORADO ATTEST: dt �C.[�o•� ..I✓�a.�-rt. Y74.2'1e.. ' Steve oreno. • _ it Weld County Clerk to the Board County Attorney Date of signature: O' /..?/2 4753764 Pages: 2 of 2 09/08/2021 10:28 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 2021-2504 RE -1552 TO: FROM: SUBJECT: HEARING DATE: APPLICANT: LEGAL DESCRIPTION: DEPARTMENT OF PLANNING SERVICES MEMORANDUM Weld County Board of County Commissioners Angela Snyder, Planner II Vacation of Lot B of Recorded Exemption 0455-23-3 RE -1552. TBD Yahweh Properties, LLC c/o Brian Bannister Lot B of Recorded Exemption RE -1552, being a part of Section 23, T9N, R66W of the 6th P.M., Weld County, Colorado LOCATION: North of and adjacent to County Rd 102, east of and adjacent to County Rd 33 PARCEL NUMBER: 045523000006 PARCEL SIZE: +/- 605 acres ZONE DISTRICT: A (Agricultural) NARRATIVE: The Department of Planning Services, on July 27, 2021, received the attached letter dated July 21, 2021 from Brian Banister, Manager of Yahweh Properties, LLC, requesting a partial vacation of the plat of Recorded Exemption RE -1552, recorded November 17, 1993, reception #02360157 to remove Lot B. No easements were created by the plat pf RE -1552 and therefore no other interests are affected by the request. The resulting parcel will be larger than thirty-five (35) acres. The Lot A, owned by Jack D. Lawrence, will retain the existing separate access onto County Road 102. Notice to Mr. Lawrence will be sent at least 10 days prior to the hearing by the Clerk to the Board. A draft vacation plat is also attached and requires minor adjustments prior to recording. A metes and bounds description for the lot to be vacated has been included on the draft vacation plat. The Department of Planning Services staff has reviewed this request and recommends that this request be approved with the folowing conditions. A. Prior to submitting the vacaion plat for recording, the applicant shall: 1. Remove the utility service provider certificate, planning commission certificate, lienholder certificate, and extra property owner signature line. 2. Update the Board of County Commissioner certificate to match Appendix 24-G.B of the Weld County Code. 3. Update the Property Owners Certificate as follows: a. To include a notary block. b.The owner to be listed as "Yahweh Properties, LLC c/o Brian Bannister." c. For the text to read, " I, the undersigned, being the sole owner in fee of the above described property, do hereby vacate Lot B from the land division plat of record, now recognized as an unpiatted tract of land." 4. Update the title of the plat to "Vacation of Lot B of Recorded Exemption 0455-23-3 RE - 1552." Page 1 of 1 2021-2504 t- 165z, VACATION OF LOT B OF 0455-23-3-RE1552 SECTION 23, TOWNSHIP 9 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN OF WELD COUNTY, STATE OF COLORADO. WELD COUNTY ROAD 104 I SWAM PIA IMP LOTA TO FC-F.r+!ti j woree•Poteep. o°PENx�Bsia' Po nAl''3eE MIAMI CILMATIII../11ER.D.BeCnIIII 33. PA 'PRP 07 VACATED ON ]DATE] SY RESOLUTION [it] OF '!1-15 BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY TOTAL ACRES FOR LOT B = 607.737 ACRES MORE OR LESS FLIEBORPOI 10PI.I 14•ISPPLP 3.17,151P1 COIFED PLR 101. Mar.'s ijklIon'tirerag=arar' ml .A.RrA>mN ' CLAM,. SeTP, COMM PROMS F.-erumn Nola WELD COUNTY ROAD 102 O ❑E S -ruren N.u,uti... �irrrt+ �S!!0¢TOTxf Bs�iE�nYRp l•'g PRINLIML mN....M. NEN.. I..E tlYrnLw : EN -IS .Ac ym• YFn-r na .... c4 .r- YACATI ON REQUEST A9 F0LLCWA: STE FISHPosFOF THE VAFATIMNIPTC ALLOW FOR PUPAE, FORMER ix, Ca= NR AP!R� ver-ATION oFLO =nNm Aar u.; r} 4•,l<f Mq-3�vx ri,_ EYHPNRR ooRCW pr9,rvRON TWAT WNSOs.9-Nell3ANC A VACATION • Y-TmsTKnrl]'Y.fOnr^.'IrrO��a[,c-] .xk LOT P, L CM LOT R TFCA:i'AJ P,YMLYA Y:}:] AT nt=r Nre,.m. `u a2vrc ru 0b -r, 3. rIT,!toe d•P bGk�•-.,Tx r,.rf+�u� Y04.W Pmpml¢LLLQm.r.11.ak AB Cam IP,R .Apia=pc- Al LIT D.PIILLEOIS,C1MIIP NOM PIM lux OF =OW= Ian of FKKPIn ten A eirrnia. rm. PM. TO.POWPCIMOIMIIII 7ar.'MPOi94fR 1,;" "IIET grlIA-r NrtgMEr I10,3 TO IL POW OWN. IANT 110 MP Mir WET MAN LEGEND x -RAH ei..wl FildLIO GILTANCE ABN OWN, GENETICAL NU?ER� 1 OEFIMTIONIGERRPTCEITBIGITON- A PROFESSIONAL% OPINION MHO ON LE NIB OR NER 69NATON OF LONCRILNS, MNdtIDBE, jTION ANC 9.14e9 o.A IT lsp9RNT Y VHCNBCOO TWTTHEPvsNE.RI11P15 CNM11RTIRGTON OF A C0NOiiaMITEH0BR9u E4£9 NO OTNEA PARTY CF ANY ALT' Ca 09LOAT0N HE of EM NAB...FT= BY CONTAcr W 5'.rrlNA CPER C PA.ISCFIOR ANY PERSON WHO IPICMNEIYRERIOYE6,/lTO SOR IMAM ANY PUBLIC LAND WPM/ NCNUMENT OR LANO NCNUMILTMR ACCE9siit, CCMNRB AO -P .PTNO A] MIEOFMEANOR ALL REFERENCE, HEREON TOBmHS. PAGE% IMPS AM RECEPTION MAGER. ARENS. COLUNENTE FILM IN THERETERCS or was moire, ...no a.VArpE 141L,P wi:WA.rT.I'L'NOYTAi 1C GPANT THE SSE. eugvMY FEE,ONE MIA ECUM.S Ca PAZ VS.iT(FEET MGT, AOGOPDINC THE NATIONAL WSi111119 CP STANDARDS AND TLLIYIOLCO, r. n:, r.G I:Lr bier r ra n.t�r-,If%'[�rnWRtiBf �LUPW OI TWO .7µ-, R¢um, FORMIIIEBVIIIITIO, IINF.P.71.i Pe0AROIxa ExMR16ia NGR OFWAYSFOP CONMITNENT. VHDWSJCENC EF)INB CND ALL COaEARCH S Tfla NOTA SCUNOFRY EMMY. THY IS NOT 09.0 aullMYPLAr. ALL EMO ON 1109 VACATION BRAFE PLAT 6s RTR I NFORIAATONAL PNWosE5 ONLY rA'J•S}SH4'P^ rv!S Ni:rA� 44J'F r r usWpF II UL o- GONSICERNG THE WEST NNE OF THE SONMXESl 0041!6. OF SECII.Old aILUYmslw s ) THE RAMS B6 WEST of T1E 01H P.M, EVAN o TLPsoTIM FHow11il A NUNJPM O NEPAR VMS 98 AND NIA NMERTFP CH "THE Noe, END %NMI A NUMUR s REM WITH A3-11. INCH AMAIN,' CAP STANP. AlB !-Eli cNo LINK Rams NSBOI' 00'liol- BAs! FORA DISC.TN- T 15)54! PROPETSIY ELwER'E CERTIFICATE; IIMATE all BMOCS MOULD IMMO. MICRO MOP KO THE mem OP MO MOM eITA IIMI b .PO��ma.M.5NSvm10 mV P.K TroPAim�R tArm AanisK vli .e•§r-N-Erk R. rRM T.EmM9m ANsaMuwov S BARD Or COUNT' EC NNIBBONE4d OEM}1RGR OP RSPROVAL TIE PIA. CM,. Par IS AMMO IPI KM OP 6.1treMIIIISCHIII3 OF MC COMM �wm,9PA0.0 plaVII TPV P,ATAASRPromm is rnt PLO ., ye AwR,RP MMOP AT.00mmwISR Down. n. ',winnow NOT worm% MGT.. OP TO MOOS NI MISITIVFMR M. IMMIX,. fr powNi nizArTEms-nrE Reg., um. �� uRTIE ck RTS.oaR..or IIRLAMOMPOPTIIIIIIMPLLIML r•TIF-sw-V.Np Arv-MC- .N^. JJa v'n'R�L'4V.^}rr: I,19NlALnoAQRRFCATEr TIME Mr,. Of MAW CISM110 CM, I.Ia PAT TRW AM LOMTP2IPLOPPLIPIITIMIIP.MITIO, MONEY CMCIUMMIDI PRELIMINARY S CPIs Li EA6ii HORN It`, x3 I I C osg p 341 ap 142 ji allo 0 LLI Z ; m u tai Rcc a_tan.s- .. .236015, RECORDED ,i D .0 COUNTY W Y ROAD r LOT B t' ' ] scale: !" - 2000. 1OO9.DOD cOOD P17ON LA T . I- _ . - :.-._1:iv C'' WELD, STATE OF COLORADO LOT B S Nam p5etT(1 �t't o Tram er «„ Scale: 1" 200' 0 300 SO0 1200 I i LAND eSURVEYORS OF COLORADO �.S��Lr\r�a r.°�a.r cemr"".aa eosa RECORDED OWNERS: Fredrick an All of Sacflon TA, Tawnehip S North, Stale ar Colorotla 23-3—REI552 r..• P M , County of Weld, lYe, Ohs dnderslgnod Eeing tha solo n fen of the OSO . dnecnhsd proporly dp herohy tliNtle lM1a same ae eM1awn on the attaahetl rmep. COUNT( OF WELD STATE OF COLORADO } es instrument wos oaknewleegea betas me 11.0 {=, day of `17Arrrn�ireY SURVEYOR'S CERTIFICATE harrby .:-rift' that :hie 1 pint andsurvey o true ....4 , _. surveyof 1.1.1 Too Oat -I9 excepted and approved ror 1111Dg r r1 COUNT' OF WELD STATE OF COLORADO 1 sa The rar.5o1ng Inatn,menf wan eclmowledge6 hero, mo this ./..2.*!: der of,' 59� . cammtaalan axplrae s• {. k {j yr'1 -r •: -{ o xea t Meae haven fioreen. ware deferminoa a this } •� �•, •,�� !o �akrrmine iho cxlalenae o! , dRlonN eoee my • i !fa 000rrcoac0 . - 1-0.0-. and .77 •,t In f.Fie i, and r„le ar_me•! ru , ,•ono.. c_na. _u _ee _ _.r n, 14ec.,en. ru ,n rrne 77.77 re Fib t•lo 7771-01-0001 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: August 18, 2021 TIME: 9:00 a.m. APPLICANT: Yahweh Properties, LLC c/o Brian Bannister 440 Richards Lake Road Fort Collins, Colorado 80524 -REQUEST: Partial Vacation of Two -Lot Recorded Exemption, RE -1522, for Removal of Lot B LEGAL DESCRIPTION: Lot B of Recorded Exemption, RE -1552; being part of Section 23, Township 9 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado LOCATION: North of and adjacent to County Road 102; east of and adjacent to County Road 33 (See Legal Description for precise location) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: August 6, 2021 PROPERTY OWNERS RE -1552 Owner YAHWEH PROPERTIES, LLC C/O BRIAN BANNISTER JACK LAWRENCE Address 440 RICHARDS LAKE ROAD 16069 COUNTY ROAD 102 City State Zip FORT COLLINS CO 80524 NUNN CO 80648-9712 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 Case Number RE -1552, in the United States Mail, postage prepaid First Class Mail as listed above. Dated the 6th day of August, 2021. Jaattm.t,00.4ot(fc. Janet M. Warwick Deputy Clerk to the Board 8/5/2021 Property Report Weld County PROPERTY PORTAL Property Information (970) 400-3650 Technical Support (970) 400-4357 Account: R0133294 August 5, 2021 Account Owner Name Address R0133294 LAWRENCE JACK D 16069 COUNTY ROAD 102 NUNN, CO 806489712 Copyright © 2021 Weld County, Colorado. All rights reserved. Privacy Policy & Disclaimer I Accessibility Information https://propertyreport.co.weld.co.us/?account=R0133294&defaultsection=owner 1/1 PLAT VACATION APPICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS FOR PLANNING DEPARTMENT USE: DATE RECEIVED: PLANNER ASSIGNED: PLAT INFORMATION Title of plat to be vacated: s Z3 T R 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 6.2_34v0061 Acreage Affected Easements PROPERTY OWNER(S) (Attach additional sheets if necessary) Name: Company: ivenurf 12/2./SICT Phone #: ss: rj�l 7z Email: Street Add 43/6 ! City/State/Zip Code: I-60 % 1L 2 APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.) Name: Company: Phone #: i vY _g(, ryq Jj Email: /.:Ar id/ ti 3 Street Address City/State/Zip Code: ajA/ (1) 1,6P lir 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 subttn exemption. Sic�nzItorr Owner of Akitorized Accent ' rfQ tyj'jqi'ii .r.)„,,„ Owner or Authorized Anent IJEiA/ te i,. «a.,re: Owner or Authorized A . e.nt errla J Print: Owner or Author,zed Acen. 7 -2A -2o Date St7-attire-{ Mnef l-Ar1#ilCarr el.4* 7/2-` T•3. 19/2021 DocuSign Envelope ID: 5D0F36F1-6DAE-4388-9855-39A59B6B23FD OPERATING AGREEMENT This Operating Agreement (the "Agreement") made and entered into this 10 th day of January, 2019 (the "Execution Date"), BY Brian David Bannister and Sasha Lynn Bannister of 440 Richards Lake Road Fort Collins, CO 80524 (the "Members"). BACKGROUND A. The Members wish to be the members of a limited liability company. B. The terms and conditions of this Agreement will govern the members within the limited liability company. IN CONSIDERATION OF and as a condition of the Members entering into this Agreement and other valuable consideration, the receipt and sufficiency of which is acknowledged, the parties to this Agreement agree as follows: Formation 1. The members have formed a Limited Liability Company (the "Company") in accordance with the laws of the State of Wyoming and through this Agreement specify the operating conditions of that company. Any rights and obligations of the Members not provided for in this Agreement will be as stated in the Wyoming Limited Liability Company Act (the "Act"). Name 2. The name of the Company is Yahweh Properties, LLC. Purpose 3. (a) To act as project coordinator to install modular homes, buy and sell real estate, and act as dealer of modular homes. (b) To carry on any other lawful business which may be deemed related to or tributary to the business of the LLC. (c) To do all and everything necessary, suitable, or proper for the accomplishment of any of the purposes or the attainment of any of the objectives or the furtherance of any of the powers hereinbefore set forth, either alone or in association with other limited liability companies, firms, or individuals, and to do every act or acts, thing or things, incidental or appurtenant to or growing out of or connected with the aforesaid objectives or purposes Page 1 of 11 DocuSign Envelope ID: 5D0F36F1-6DAE-438B-9855-39A59B6B23FD or any part or parts thereof; provided the same is not inconsistent with the laws under which this LLC is organized. Term 4. The Company will continue until terminated as provided in this Agreement or may dissolve under conditions provided in the Act. Place of Business 5. The Principal Office of the Company will be located at 440 Richards Lake Road Fort Collins, CO 80524 or such other location designated by the Members from time to time. Capital Contributions 6. The following is a list of all Members and their Initial Capital Contributions to the Company. Each of the Members has made the following Capital Contributions to the Company, on the delivery date listed below: Member Contribution Description Value of Contribution Delivery Date Brian David Bannister Cash $40,000.00 2010 Sasha Lynn Bannister Cash $40,000.00 2010 Distribution of Profits/Losses 7. Subject to the other provisions of this Agreement, the Net Profits or Losses of the Company, for both accounting and tax purposes, will accrue to and be borne by the Members: 50% to Brian David Bannister of 440 Richards Lake Road Fort Collins, CO 80524. 50% to Sasha Lynn Bannister of 440 Richards Lake Road Fort Collins, CO 80524. 8. Distributions will be made from time to time according to unanimous decision by Members. 9. Tax Allocations will be borne entirely by the Members: 50% to Brian David Bannister of 440 Richards Lake Road Fort Collins, CO 80524. 50% to Sasha Lynn Bannister of 440 Richards Lake Road Fort Collins, CO 80524. 10. No Member will have priority over any other Member for the distribution of Net Profits or Losses. Page 2 of 11 DocuSign Envelope ID: 5D0F36F1-6DAE-4388-9855-39A59B6B23FD Voting 11. Each Member will be entitled to cast votes on any matter based upon the proportion of that Member's share in the ownership of the Company. Nature of Interest 12. A Member's interest in the Company will be considered personal property, and shall not be considered real property. 13. Member's ownership interest in the Company will be evidenced by this agreement or, as necessary, may be represented by a certificate issued by the Company. Withdrawal of Contribution 14. No Member will withdraw any portion of their Capital Contribution without the unanimous consent of the other Members. Additional Contributions 15. Capital Contributions may be amended according to the requirements of the Company and with unanimous consent of the Members. No Member will be required to make Additional Contributions. Whenever additional capital is determined to be required and an individual Member is unwilling or unable to meet the additional contribution requirement within a reasonable period, as required by business obligations, the remaining Members may contribute in proportion to their existing Capital Contributions to resolve the amount of the deficit. If this occurs, allocation of Net Profits or Losses of the Company among all the Members may be adjusted to reflect the overall change in Capital Contributions by the Members, subject to unanimous approval by all members. 16. Should any Member advance any money to the company other than provided for here or in a subsequent agreement, such money shall be considered to be a debt owed to that member and not an increase in the Capital Contribution of that Member. This liability will be repaid with interest at such rates and times to be determined unanimously by the Members. This liability will not entitle the lending Member to any increased share of the Company's profits nor to a greater voting power. Resolution of such debts may have preference or priority over any other payments to Members as may be determined unanimously by the Members. Capital Accounts 17. An individual capital account will be maintained for each Member and their initial Capital Contribution will be credited to this account. Any Additional Contributions made by any Member will be credited to that Member's individual Capital Account. Interest on Capital Page 3 of 11 DocuSign Envelope ID: 5D0F36F1-6DAE-438B-9855-39A59B6B23FD 18. No borrowing charge or loan interest will be due or payable to any Member on their agreed Capital Contribution inclusive of any agreed Additional Contributions. Drawing Accounts 19. An individual drawing account will be maintained for each Member. Each Member will be entitled to draw against their share of the profits in such amounts and at such time as will be agreed by the Members. The drawing account will be a temporary account which will have a debit balance if any withdrawals have occurred. At the end of each accounting year, the drawing accounts shall be closed by transferring the debit balance to each Member's capital account. Compensation of Members for Services Rendered 20. Members will not be compensated by the Company for services rendered to or on behalf of the Company, except that reimbursement shall be paid for expenses incurred by the Members which are directly related to the operation of the Company. Management 21. Management of this Company is vested in the Members and primarily handled by Brian Bannister. Authority to Bind Company 22. Only the following individuals have authority to bind the Company in contract: Brian David Bannister Sasha Lynn Bannister Duty to Devote Time 23. Each Member will devote the amount of time and attention to the business of the Company as unanimously decided by the Members to be reasonably necessary to conduct Company business at any given time. Member Meetings 24. Member meetings will be held at the following address, or any other location that the Members may designate: 440 Richards Lake Road Fort Collins, CO 80524. 25. Any scheduled Member meeting requires that 48 hour notice be given to all Members. 26. A meeting may be called by any Member providing that appropriate notice has been provided to the other Members. 27. There must be at least 100.00% of the Members present at a meeting for any decisions to be binding. Page 4 of 11 DocuSign Envelope ID: 5D0F36F1-6DAE-4388-9855-39A59B6823FD Admission of New Members 28. A new Member may be admitted to the Company only by unanimous vote of the existing Members. 29. The new Member agrees to be bound by all the covenants, terms, and conditions of this Agreement, inclusive of all current and future amendments. The new Member shall execute any documents that are required to effect the admission of the new Member. The amount of a new Member's interest in the company shall be determined by unanimous decision by the existing Members and shall be recorded in a writing signed by all existing members. Dissociation of a Member 30. Voluntary Withdrawal: Any Member (the "Dissociated Member") will have the right to voluntarily withdraw from the Company at the end of any fiscal year. Written notice of intention to withdraw must be served upon the remaining Members at least 30 days prior to the fiscal year end. Upon voluntary withdrawal of a Member, the company shall continue. The interest of the Dissociated Member will be divided among the remaining members in proportion to the profit and loss share of the remaining Members and the withdrawing Member shall be paid for the fair market value for its share of the Company assets and the balance of its capital account. The withdrawing Member must exercise this right in good faith and minimize any present or future harm done to the remaining Members as a result of the withdrawal. 31. Involuntary Withdrawal: An involuntary withdrawal occurs with any of the following events including but not be limited to: 1) the death of a Member; 2) mental incapacity of a Member; 3) Member legal incompetence; A Member may also be subject to involuntary withdrawal at the request of the Company or another Member, if it has been judicially determined that the Member: 1) has engaged in wrongful conduct that adversely and materially affected the Company's business; 2) has willfully or persistently committed a material breach of the Operating Agreement or of a duty owed to the Company or to the other Members; 3) or has engaged in conduct relating to the Company's business that makes it not reasonably practicable to carry on the business with the Member. The involuntary withdrawal of such Member will result in the division of that Member's interest among the remaining members. In the event of involuntary withdrawal of all members of the Company, ownership of the company shall be equally divided as follows: 1/3 interest going to Wesley Sharon Bannister, 1/3 to Matti Lynn Bannister, and 1/3 to Brekk Porter Eugene Bannister. 32. If the dissociation of a Member for any reason results in dissolution of the Company then the Company will proceed in a reasonable and timely manner to dissolve the Company, Page 5of11 DocuSign Envelope ID: 5D0F36F1-6DAE-438B-9855-39A59B6B23FD with all debts being paid first, prior to any distribution of the remaining funds to Members. Valuation and distribution will be determined as described in the Valuation of Interest section of this Agreement. 33. If the Member was dissociated due to malicious or criminal acts or breach of fiduciary duty to the Company, then the remaining Members retain the right to seek damages from the dissociated Member. Valuation of Interest 34. The value of the Company will be based on a fair market value appraisal of all Company assets minus liabilities and determined in accordance with generally accepted accounting procedures. This appraisal will be conducted by an independent accounting firm agreed to by all Members. An appraiser will be appointed within a reasonable period of the date of withdrawal or dissolution. The results of the appraisal will be binding on all Members. A withdrawing Member's interest will be in proportion to their profit and loss share in the Company, minus any outstanding liabilities a Member may have to the Company. 35. No allowance will be made for goodwill, trade name, patents or other intangible assets. Dissolution 36. The Company may be dissolved by a unanimous vote of the Members. The Company will also be dissolved on the occurrence of events specified in the Act. 37. Upon Dissolution of the Company and liquidation of Company property, and after payment of all costs and expenses associated with sale, the liquidating entity will distribute the Company assets to the following groups according to the following order of priority: a. payment of liabilities to creditors other than Company obligations to current Members; b. payment of Company debts owed to current Members; and c. remainder to the Members in proportion to their profit and loss share in the Company. 38. The claims of each priority group must be satisfied in full before paying of any claims of a lower priority group. Any excess assets or liabilities after resolving the Company's other liabilities under this section, will be split and/or resolved by the Members in accordance to their profit and loss share in the Company. Records 39. The Company will at all times maintain accurate records of the following: Page 6 of 11 DocuSign Envelope ID: 5D0F36F1-6DAE-4388-9855-39A59B6B23FD a. Information regarding the status of the business and the financial condition of the Company. b. A copy of the federal, state, and local income taxes for the Company each year. c. Name and last known business, residential, or mailing address of each Member, as well as the date that person became a Member. d. A copy of this Agreement and any Articles of Organization. Executed copies of all amendments to this agreement. Executed copies of any written powers of attorney if used to execute any of the aforementioned documents. e. Records of any cash, property, and services contributed by a Member, along with a description and value of that contribution. 40. Each Member has the right to demand copy of any of the above documents for any purpose reasonably related to their interest as a Member of the Company which shall be provided by the Company within a reasonable amount of time at the requesting Member's expense. Books of Account 41. Accurate and complete records will be kept of all financial and business transactions of the Company and will be available at all reasonable times for inspection and examination by any Member. The records will be kept by a method to be determined by the Members. Banking and Company Funds 42. Company funds will be placed in bank accounts as will be designated by the Members. All withdrawals from these accounts will be made by the duly authorized agent or agents of the Members unanimously agreed upon by Members. Company funds will be held in the name of the Company and will not, for any reason, be commingled with the funds of any member or any other entity. Audit 43. Any Members shall have the right to request an audit of the Company bookkeeping records at the Company's expense. Audits shall be performed by an accounting firm acceptable to all the Members. Members may require only one (1) audit per fiscal year. Fiscal Year End 44. The fiscal year end of the Company is the 31st day of December. Tax Treatment Page 7of11 DocuSign Envelope ID: 5D0F36F1-6DAE-4388-9855-39A59B6B23FD 45. This Company is intended to be treated as a disregarded entity, for the purposes of Federal and State Income Tax. Annual Report 46. Each Member is entitled to an annual report within a reasonable amount of time after the end of the fiscal year. Unless waived by that Member, the Company will furnish to each Member an annual report showing a full and complete account of the condition of the Company including all information as will be necessary for the preparation of each Member's income or other tax returns. This report will consist of at least a copy of the Company's federal income tax returns for that fiscal year. Goodwill 47. The goodwill of the Company will be assessed at an amount to be determined by appraisal using generally accepted accounting procedures. Governing Law 48. The Members submit to the jurisdiction of the courts of the State of Wyoming for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. Mediation and Arbitration 49. In the event a dispute arises out of or in connection with this Agreement which cannot be resolved between the parties, the parties agree to attempt to resolve the dispute through mediation with the costs to be split by the disputing parties. If the dispute is not resolved through mediation, then the parties agree to submit to binding arbitration to resolve the issue through an arbitrator that is favorable to both parties. The arbitration decision shall be final and binding upon both parties. Unforeseen Disasters 50. Members shall not be liable where the Member is prevented from fulfilling their obligations under this Agreement in whole or in part due to unforeseen disasters, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event. Forbidden Acts 51. No Member may do any act in contravention of this Agreement. 52. No Member may assign or allow the assignment of actual or apparent authority of a Member to a third party that is not a Member of the Company. Page 8 of 11 DocuSign Envelope ID: 5D0F36F1-6DAE-4388-9855-39A59B6B23FD 53. No Member may perform any act that would make it impossible to carry on the ordinary business of the Company. 54. No Member will have the right or authority to bind or obligate the Company with regard toany matter outside the intended purpose of the Company, unless agreed upon by all Members. 55. No Member may agree to allow a judgment to be entered against the Company. 56. Commission of any of the forbidden acts in this section will be deemed an Involuntary Withdrawal of the offending Member and may be treated as such by the remaining Members. Indemnification 57. The Company will fully indemnify and hold harmless all Members of the company for any and all claims that arise from that Member's participation in Company activities or affairs. Members are not entitled to indemnification under this section for liability arising out of gross negligence, willful misconduct, or breach of this Agreement by the Member. Liabili 58. A Member or any employee will not be liable to the Company or to any other Member for any mistake or error in judgment or for any act or omission believed in good faith to be within the scope of authority conferred or implied by this Agreement or the Company. The Member or employee will be liable only for any and all acts and omissions involving intentional wrongdoing. Liability Insurance 59. The Company may acquire insurance on behalf of any Member, employee, agent or other person engaged in the business interest of the Company against any liability asserted against them or incurred by them while acting in good faith on behalf of the Company. Life Insurance 60. The Company will have the right to acquire life insurance on the lives of any or all of the Members, whenever it is deemed necessary by the Company. Each Member will cooperate fully with the Company in obtaining any such policies of life insurance. Amendments to Operating Agreement 61. Any amendments to this Operating Agreement will require a meeting of all members and must be agreed upon unanimously in writing by all members. 62. Amendment of this section or the Voting section will require the unanimous written consent of all Members. Page 9 of 11 DocuSign Envelope ID: 5D0F36F1-6DAE-438B-9855-39A59B6B23FD Title to Company Property 63. Title to all Company property will remain in the name of the Company. No Member or group of Members will have any ownership interest in Company property in whole or in part. Miscellaneous 64. Time is of the essence in this Agreement. 65. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be interpreted or modified by the court to,the extent deemed necessary to render the provision enforceable and all other provisions of this Agreement will remain in full effect regardless of whether the offending term is modified or stricken. 66. This Agreement contains the full and entire agreement between the parties and any previous negotiations or arrangements are superseded by this Agreement and the Members shall only be bound to the terms of this agreement or valid amendments. 67. This Agreement and the terms andconditions contained in this Agreement apply to and are binding upon the Member's successors, assigns, executors, administrators, beneficiaries, and representatives. Definitions 68. For the purpose of this Agreement, the following terms are defined as follows: a. "Additional Contribution" means Capital Contributions, other than Initial Contributions, made by Members to the Company. b. "Capital Contribution" means the total amount of cash, property, or services contributed to the Company by any one Member. c. "Initial Contribution" means Capital Contributions made by any Member to acquire an interest in the Company. d. "Net Profits or Losses" means the net profits or losses of the Company as determined by generally accepted accounting principles. e. "Operation of Law" means rights or duties that are cast upon a party by the law, without any act or agreement on the part of the individual including, but not limited to, an assignment for the benefit of creditors, a divorce, or a bankruptcy. f. "Principal Office" means the office whether inside or outside the State of Wyoming where the executive or management of the Company maintain their primary office. Page 10 of 11 DocuSign Envelope ID: 5D0F36F1-6DAE-4388-9855-39A59B6B23FD IN WITNESS WHEREOF, the undersigned, being all the Members of this LLC have executed this Agreement as of the month, day, and year first written above. MEMBERS: DocuSlp'ncd by: E 57113405sEE1WE_ [Brian Bannister] CDesuSigned by: asa (tau b isitr [Sasha Bannister] Page 11 of 11 4317319 07/12/2017 08:07 AM Total Pages: 2 Rec Fee: $18.00 Carly Koppes - Clerk and Recorder, Weld County, CO STATEMENT OF AUTHORITY 3a-172, C.BS.) This Statement of Attthorlty relates to an entity' named YAHWEH PROPERTIES LLC,F A WYOMING LIMITED LIABILITY COMPANY The type of evdyis a: Corporation Nonprofit Corporation Limited Lia bilitr Cotapaay General Partnership Limited Peraseiship X Registered Limited Liability Parmership Registeted Limited Liability Limited Partnership Limited Partnership Association Government or Governmental Subdivision or Agency IWO 3. The entity is fainted ceder the laws of WYOMING 4. The mailing address far the entity is 443 RICHARDS LAKE ROAD, FORT COLLINS, CO 80524 5. The X name X positional each person authorized to execute instruments =mkt& forming or otherwise affecting title to real properly on behalf of the entity is BRIAN D. BANNISTER,MEMBER/MANAGER OR SASLIA L. BANNISTEII, 6. The autholityof the ii cegaing person(s)to bind the entity; X not limited is limited 8s follows; 7, Other matters concerning the manner to which the amity deals with interests lit real property; 8, This Stxtement of Authority is executed on behalf of the amity purraunt to the pi ovisioms of §38.30-172, C.R5.3 9. This Statement of Authority amends and supersedes in all respects any end all prior dated Staterooms of Authority executed on hehalf of the entity. (Signature and Notary Acknowledgment on Second Page) This form should out be need Wets the entity is capable of bolding title to real property. ' The absence of any lit tivn abafl be prima die evidence that no ouch limitation Ethel, ' The statement of authority must be recorded to obtain the benefits of the ammo. Farm 13769 0312005 soa.odt tea' 428506469} pg1of2 7-21-2021 To Whom It May Concern: RE: Partial Vacation Request Letter as follows: The purpose of the partial vacation is to allow for future, further division of Lot B into 35 acre parcels. Yahweh Properties, LLC owns Lot B of Recorded Exemption #0455-23-3-RE1552, which is the largest lot within the recorded exemption and is larger than 35 acres. Yahweh Properties, LLC is now requesting a partial vacation of Lot B from Recorded Exemption #0455-23-3-RE1552. Existing Rights of Way for the County roads pre -date the subject recorded exemption and shall continue to exist in their current state with no changes. There are no easements created by the recorded exemption to be vacated. Any easements pre- dating the recorded exemption shall stay in place and be unaffected. Neither Lot B nor Lot A will lose access to county roads through the partial vacation of Lot B. Lot A has the following improvements constructed upon it: A residence occupied by Jack D. Lawrence, some outbuildings, a residential well, and fencing. None of the existing improvements will be affected as they will all continue to be within the boundaries of Lot A, owned by Jack D. Lawrence. Lot B has no existing improvements. Existing exemption plat and a draft land survey plat showing the vacation described by a metes and bounds or aliquot legal description is included with this letter. Lot B Description: LOT B, RECRDED EXEMPTION NO. 0455-23-3-RE1552, RECORDED NOVEMBER 17, 1993 AT RECEPTION NO. 236015, BEING PART OF SECTION 23, TOWNSHIP 9 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. RECEPTION NUMBER 4706478, RECORDED IN WELD COUNTY ON 04/20/2021 YahvYeh Properties, LW -Owner of Lot B Date 4706478 04/20/2021 11:46 AM Total Pages: 2 Rec Fee: $18.00 Doc Fee: $96,00 Carly Koppes - Clerk and Recorder, Weld County , CO State Documentary Fee Date 4--k 11°2-4° PERSONAL REPRESENTATIVE'S DEED (Sale) THIS DEED is made by Heide H. Hillmann as Personal Representative of the Estate of Elfriede E. Hillmann a/k/a Elfriede Elise Hilimann a/k/a Elfriede Hillmann, Deceased, Grantor, to Yahweh Properties, LLC, a Wyoming Limited Liability Company, Grantee, whose legal address is 440 Richards lake Road, Fort Collins, Colorado, 80524 of the County of Larimer, State of Colorado. WHEREAS, the decedent died on April 18, 2019 and Grantor was duly appointed Personal Representative of said Estate by the District Court in and for the County of Weld, State of Colorado, Probate No. 19PR30320, on May 24, 2019, and is now qualified and acting in said capacity. NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell and convey unto Grantee, for and in consideration of Nine Hundred Sixty Thousand Dollars ($960,000.00) the following described real property situate in the County of Weld, State of Colorado: Lot B, Recorded Exemption No. 0455-23-3-RE1552, Recorded November 17, 1993 at Reception No. 2360157, being part of Section 23, Township 9 North, Range 66 West of the 6th Principal Meridian, County of Weld, State of Colorado also known by street and number as: 0 County Road 102, Nunn, Colorado, 80648 Assessor's schedule: R0133494 Parcel number: 045523000006 With all appurtenances. Except any previously reserved mineral interests. As used herein, the singular includes the plural and the plural the singular. Executed: /19?i Heide H. Hillmann, Personal Representative of the Estate of Elfriede E. Hillmann a/k/a Elfriede Elise Hillmann a/k/a Elfriede Hillmann, Deceased 4706478 04/20/2021 11:46 AM Page 2 of 2 STATE OF COLORADO) ss. COUNTY OF-31.ARIM•ERj_ .n1 a r'1 --A-- The foregoing instrument was acknowledged before me this € day of Pr -J { , 2021, by Heide H. Hill7nann as Personal Representative of the Estate of LEifriede E. Hillrnarm a/k/a Elfriede Elise Mann a/k/a Elfriede Hillmann, Deceased. Witness my hand and official seal. A A C IN NOTARY PU0Llit; STATE OF COLORADO No ATIN '0+24 May 21. 2)2 My ComrnEssion 5xa Name and Address of Person Creating Newly Created Legal Description (38-35-106.5,C.R.S.) DEPARTMENT OF PLANNING SERVICES Cases Approved by Administrative Review 11/12/93 through 11/19/93 CASE NUMBER AM RE -1079 RE -1548 RE -1549 RE -1552 RE -1555 ZPMH-1882 ZPMH-1887 SE -481 m9 NAME Arriessecq, et al. Hodges Dorr Hillman Dyer Coulter Pixley Stremel Chuck Cunliffe, Director Hello