HomeMy WebLinkAbout20211287.tiffCHANGE OF ZONE (COZ) APPLICATION
FOR PLANNING DEPARTMENT USE
AMOUNT $
APPLICATION RECEIVED BY
DATE RECEIVED:
CASE # ASSIGNED:
PLANNER ASSIGNED:
PROPERTY INFORMATION
Is the property currently in violation? a No / El Yes Violation Case Number:
Site Address: 27154 County Road 13
Parcel Number: 0 9 5 7
Legal Description: LOT B REC EXEMPT RE -4033 Section: 18 , Township 5 N, Range 67 W
Total Acreage: 36.99
1 8 _ 3 _ 0 0 0 4 7
Existing Zone District: Ag Proposed Zone District: 1-33
Floodplain: . li No / 0 Yes Geological Hazard: No / 0 Yes Airport Overlay: No / ❑ Yes
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name:
Company: Gerrard Investments, LLC
Phone #: 970-669-1463
Email: ngerrard@gerrardinc.com
Street Address: 27154 County Road 13
City/State/Zip Johnstown CO 80534
Code:
Name:
Company:
Phone #:
Email:
Street Address:
City/State/Zip
Code:
APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.)
Name: Nathan Gerrard
Company: Gerrard Investments, LLC
Phone #: 970-669-1463 Email: ngerrard@gerrardinc.com
Street Address: 271054 County Road 13
CIty/State/Zip Johnstown, CO 80534
Code:
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.
Signatu
Print
Z-10`"zo4!
Date Signature Date
Print
01/01/2020 7
STATEMENT OF AUTHORITY
(Pursuant to C.R.S. Section 38-30-172)
Nathan Gerrard, being first duly sworn, upon oath deposes and states as follows:
1. The name of the entity that is the subject of this Statement of Authority is
Gerrard Investments, LLC, a Colorado limited liability company (the "Company").
2. The mailing address for the Company is 27154 County Road 13, Johnstown, Colorado
80534
3. The name and position of the person authorized to execute instruments conveying,
encumbering, or otherwise affecting title to real property on behalf of the entity, is Nathan Gerrard,
as Manager of Gerrard Investments, LI..C a Colorado limited liability company.
4, The authority of the foregoing person to bind the entity is not limited.
DATED: .7-4,40,44;y, , 2021
Nathan Gerard
Manager, Gerrard Irwestmcnts, IIC
STATE OF CuLoq6bb )
COUNTY OINJ cur), ) ss.
The foregoing instrument was sworn to and acknowledged before me this
20 day of ,Q,Nv..$+ _ . 2021, by Nathan Gerrard, Manager of Gerrard Investments, LLC.
Witness my hand and official seal.
Robert John West
NOTARY PUBLJC
STATE OF COLORADO
NOTARY ID 20194027187
FAY COMMISSION EXPIRES July 19, 2023
My commission expires: 1.1... VI ,1.011
No aryPublic
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CHANGE OF ZONE (COZ) MAP
Weld County Change of Zone Application
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WELD COUNTY CHANGE OF ZONE (COZ) QUESTIONNAIRE
Prepared by Gerrard Investments, LLC
1. Describe the purpose of the proposed Change of Zone.
The landowner, Gerrard Investments, LLC currently leases a portion of the property
located at 27154 County Road 13 to Gerrard Excavating, Inc. who operates a family -
owned construction business, the use of which was approved by the BOCC under
USR15-0075. Since that approval, Weld County has approved changes to the land use
code through adoption of Weld County Code Ordinance 2019-02, which limits land uses
allowed in the A (Agricultural) zone to those uses related to agriculture and oil and gas.
This change removes a large amount of land from potential industrial development
across Weld County; however, notwithstanding such change there is great demand for
land that will allow other industrial and commercial uses on land in the county. This
proposed change in zone will add approximately 34.6 acres of 1-3 zoned land to the
approximately 133 acres immediately north of the property currently zoned 1-3 (Case
Number COZ20-004) operating as a federally recognized rail depot. The proposed
rezoning of the subject property Is compatible with the surrounding industrial uses,
railroads, and road systems.
The subject property is bordered by the Union Pacific Railroad to the northeast and the
Great Western Railroad to the southwest and contains an existing heavy construction
business with an office building, out buildings, and storage yard with primary access
from County Road 13. It is also bordered by an existing pet crematorium and RV storage
operation to the north. There has also recently been extensive oil and gas development
along the County Road 13 corridor between US Highway 34 and County Road 54.
Immediately south of the subject property is an existing sand and gravel mining and
concrete ready -mix facility operating under USR 1329.
The existing uses on the site and the site's proximity to the existing 1-3 zoned lands, rail
depot, railroads, US Highway 34 and County Road 13 make the property more suitable
for 1-3 uses rather than agricultural uses. It is important to note that the subject property
is not a high value agriculture property. Crop production is marginal due the size of the
property and limitations of the historic water right used for irrigation. The Farmer's Ditch
right is a junior direct water right with limited yield. In most years, without additional
water rights or annual water rental, the water supply is not adequate for crop production.
2. Explain how this proposal is consistent with the Weld County Comprehensive
Plan.
This proposed change of zone is consistent with and meets the goals of the following
sections of the Weld County Comprehensive Plan:
Section 22-2-70 — Industrial development
A. The intent of the industrial goal is to establish industrial areas where a balanced,
diversified economy can be encouraged in an effort to maintain and enhance the
quality of life of Weld County citizens. These Goals and Policies intend to assure
desirable local employment opportunities and to strengthen and stabilize the
economy.
The proposed change of zone will ensure that the subject property, which Is
appropriately suited to industrial development, continues to provide local
employment and economic benefits to Weld County.
B. When reviewing proposed industrial development, there should be a thorough
examination of issues, such as compatibility with surrounding and regional land uses,
availability and adequacy of infrastructure and services serving the proposal, and
impacts on the natural environment.
The proposed change of zone Is compatible with surrounding land uses. Land
uses surrounding the property generally consist of industrial commercial, olllgas
production and agricultural uses. The change of zone proposes industrial land
uses in an area that is capable of supporting them with access to Great Western
and Union Pacific Railroad lines and major regional highways and arterials.
Section 22-2-80. — Industrial development Goals and Policies
A.1. Goal 1. Promote the location of industrial uses within municipalities, County Urban
Growth Boundary areas, intergovernmental Agreement urban growth areas, growth
management areas as defined in municipalities' comprehensive plans, the Region
Urbanization Areas, Urban Development Nodes, along railroad infrastructure or where
adequate services are currently available or reasonably attainable.
1. 1. Policy 1.1. Ensure that adequate industrial level of services and facr"lities are
currently available or reasonably obtainable to serve the industrial development
or district.
The property is not within any Weld County approved Urban Growth
Boundary areas, municipalities, nor is it possible to annex the property to a
municipality that has the ability to provide adequate services. The property
Is currently served with potable water, fiber communications, natural gas
and 3 -phase electric. Recent development activity in the area has utilized
private funds to upgrade roadways and Intersections.
2. 1. Policy 1.2. Encourage new industrial development within existing industrial
areas.
There is presently 133 acres zoned 1-3 adjacent to the site. Other uses In
the area include a rail depot, pet crematorium, RV storage, heavy
construction businesses, a concrete business, oil and gas operations, and
transloading facilities. Weld County recently approved a sand/gravel
extraction asphalt plant and an existing concrete ready -mix plant within
one mile of the property. Additionally, land in Johnstown and Windsor,
adjacent to the Great Western Railroad on Hwy 34, are presently zoned
industrial or have industrial uses. The property is located within areas
designated for future industrial development under the Weld County
Comprehensive Plan.
3.1. Policy 1.3. Encourage industrial development by improving major
transportation corridors.
The subject property is adjacent to and borders the Great Western and
Union Pacific Railroads. Significant improvements have been made with
private funding to the rail infrastructure and County Road 13 corridor,
including improvements at the intersection of County Road 13 and Hwy 34.
Regional improvements to i-25, Hwy 34, and Freedom Parkway (County
Road 54) are either completed, under construction, or planned In the next
several years.
B.1. Goal 2. Encourage appropriate industrial development to annex into a municipality if
the new or expanding industrial development is adjacent to the municipality's corporate
limits.
The subject property is not adjacent to the corporate limits of a municipality. The
subject property is not eligible for annexation due to the lack of continuity to
Johnstown, Windsor, or Greeley. Additionally, these entities could not provide
adequate services
C.i. Goal 3. Consider how transportation infrastructure is affected by the impacts of new
or expanding Industrial developments.
The proposed change of zone is not anticipated to result in significant additional
traffic on surrounding roadways, as the property is already improved with
industrial uses. Significant improvements have been made with private funding to
the rail infrastructure and the County Road 13 corridor, including improvements at
the intersection of Hwy 34 and County Road 13.
1.1. Policy 3.1. Support transportation systems within and into industrial
developments that address a full range of mobility needs, and which effectively
provide connectivity In a cost effective, efficient and comprehensive manner.
The subject property's accessibility to rail service, major arterials and
highways provides a cost effective and efficient means of access.
2.1. Policy 3.2 The land use applicant should demonstrate that the roadway
facilities associated with the proposed industrial development are adequate in
width, classification and structural capacity to serve the development proposal.
The roadway infrastructure surrounding the property has been significantly
upgraded with private funds and is sufficient to serve the industrial
Improvements on the property.
b. Recommended Strategy 1.3.2.b. Establish road reservation/dedication
standards for industrial developments that are In accordance with the
Weld County Transportation Master Plan.
The industrial improvements on the subject property have complied
with all dedication standards of the County. Rights -of -way for
County Road 13 and County Road 56 have been set aside
D.1. Goal 4. All new industrial development should pay its own way.
All public Improvements required, In connection with the current development on
the property, have been privately funded and completed. Any subsequent
applications for new industrial development on the property will meet all County
requirements for dedications or improvements to transportation and utility
infrastructure. No Incentives have been or will be requested in connection with
the operation of the property.
E.1. Goal 5. New industrial uses or expansion of existing industrial uses should meet
existing federal, state and local policies and legislation.
The subject property has been and will be developed and operated in accordance
with all federal, state, and local laws.
1.1. Policy 5.1. Industrial uses should be evaluated using criteria, including but
not limited to the effect the industry would have on air and water quality, natural
drainage ways, soil properties and natural patterns and suitability of the land.
The existing Industrial uses on the site were evaluated for their
environmental impact. Any future Industrial development of the site will
have all required state and/or federal environmental permits and comply
with all federal, state, and local environmental protection measures.
2.1. Policy 5.2. Development improvements should minimize permanent visual
scarring from grading, road cuts and other site disturbances. Require stabilization
and landscaping of final land forms, and that runoff be controlled at historic
levels.
Runoff is controlled at historic levels, as the subject property is already
improved, any further grading or site disturbance will be minimal and
subject to an approved site plan.
F.I. Goal 6. Minimize the incompatibilities that occur between industrial uses and
surrounding properties.
As noted above, the property is bordered by the Union Pacific and Great Western
Railroads, Colorado Blvd, and County Road 56, which serve as natural buffers for
the property. Surrounding properties are primarily industrial and commercial with
limited agricultural uses.
1.1. Policy 6.1. Consider the compatibility with surrounding land uses and natural
site features.
The property is bordered by the Union Pacific and Great Western Railroads,
Colorado Blvd, and County Road 56. Surrounding properties are primarily
industrial and commercial with limited agricultural uses.
There are no significant natural site features.
a. Recommended Strategy 1.6.1.8. Establish development standards for
such issues as use, building height, scale, density, traffic, dust and
noise.
The County's 1-3 zone district establishes development standards
which will govern the subject property.
2.1. Policy 6.2. Support the use of visual and sound barrier landscaping to screen
open storage areas from residential uses or public roads.
Visual and sound barrier landscaping have been installed at the property.
The existing buildings were also placed to screen outside storage from
public roads. Any future development of the property will Incorporate
appropriate screening.
3.1. Policy 6.3. Encourage Informational neighborhood meetings for proposed
industrial uses that do not require a public hearing.
The change of zone application will require a public hearing, and will thus
provide opportunity for public input.
4.1. Policy 6.4. Ensure that Industrial properties are free of derelict vehicles,
refuse, litter and other unsightly materials.
The property is and will be maintained in a clean manner without refuse,
litter, or other unsightly materials.
G.I. Goal 7. Recognize the importance of railroad infrastructure to some industrial uses.
1.1. Policy 7.1. — Support the continued and expanded use of existing railroad
infrastructure for industrial uses.
The subject property Is bordered by both the Union Pacific and Great Western
Railroads and County Road 13. Weld County recently approved 1-3 zoning change
for the Rock & Rail facility located directly north of this property. Rezoning of the
subject property will promote expanded use of the bordering railroad
infrastructure by expanding existing uses on adjacent property and promoting
additional rail served business.
Section 22.4-20 — Water
F. WA. Goal 6. Development should occur in areas where adequate water quantity and
quality Is currently available or reasonably obtainable.
The subject property is presently served by water from the Little Thompson Water
District. Historic Irrigation will continue to be utilized for irrigation. No additional
water demands are anticipated as a result of the change of zone application.
Section 22.4-50 — Air
A. AIR. Goal 1. Maintain National Air Quality Standards and, where practicable, improve
air quality in the County.
1.AiR.Policy 1.1. If applicable, land use applications should demonstrate future
impacts on current air quality.
Not applicable at this time. Future uses on the property will comply with all
local, state and federal regulations.
2.AIR.Policy 1.2. Land use applications should be evaluated by the Department
of Public Health and Environment for compliance with federal, state and County
statutes, regulations and ordinances.
Any future industrial development on the property will undergo evaluation
for air quality Impacts.
3.AlR.Policy 1.3. The County encourages the use and development of alternative
fuels, alternatively fueled vehicles and modes of transportation that reduce
pollutants.
The property is bordered on two sides by railroads. The use of rail
transportation has been proven to reduce truck trips and thereby reduce
pollutants.
Section 22-4-70— Noise Goals and Policies
A.N. Goal 1. Minimize the impact of noise on County residents.
1.N. Policy 1.1. Land use applications should be evaluated by the Department of
Public Health and Environment for compliance with federal, state and County
statutes, regulations and ordinances.
The subject property is operated in conformance with all noise limitations
imposed by state and local governments.
Sec. 22-6-20. - Economic development Goals and Policies
A. ECON. Goal 1. Encourage the expansion of existing businesses and the location of
new industries that will provide employment opportunities in the County.
1.ECON.Policy 1.1. Promote the expansion and diversification of the Industrial
economic base to achieve a well-balanced industrial sector in order to provide a
stable tax base and a variety of job opportunities for County citizens.
The industrial use and development of the subject property currently
provides tax revenue to the County and job opportunities for County
citizens and surrounding businesses. A change in zoning would allow for
future expansion of the existing business and introduction of new
businesses.
E. ECON. Goal 5. Recognize and promote specific places and resources in the County
that can uniquely support economic development.
1.ECON.Policy 5.1. The County should encourage an adequate supply of both
services and land suitable for industrial development and redevelopment.
The change of zone application will designate a 33 -acre property for
industrial development in a location that easily supports this type of
development because of its location, transportation infrastructure, and
recent growth consistent with this policy.
3.ECON.Policy 5.3. Recognize and support existing railroad infrastructure.
The change of zone application ensures that the property will be available to
support the existing Great Western and Union Pacific Railroad lines that border
the property.
3. Explain how the proposed rezoning will correct what the applicant perceives as
faulty zoning, or how the proposed rezoning will fit with what the applicant
perceives as the changing conditions in the area.
The surrounding areas changing uses and the subject property's current use as a heavy
construction business and the site's proximity to the existing 1-3 zoned lands, rail depot,
railroads, US Highway 34 and County Road 13 make it more suitable for 1-3 uses than
agricultural uses. It is important to note that the subject property is not a high value
agriculture property. Crop production is marginal due to the size of the property and
limitations of the historic water rights used for Irrigation. The Farmer's Ditch right is a
junior direct water right with limited yield. in most years, the water right does not provide
adequate irrigation supply. Without additional water rights or annual water rentals, the
water supply is not adequate for crop production.
Rezoning the property will allow more appropriate land uses at or near the railroad and
Hwy 34. The existing associated uses are no longer consistent with Weld County's
Agricultural zone allowances, given the recent code changes. Additionally, industrial
and commercial facilities are located in the vicinity of the property. These include
existing zoned 1-3 land, pet memorial facility, RV storage facility, Waste -Not Recycling,
Stager Trucking, A Concrete, Inc, Coyote Ridge Excavating, Son -Haul, transloading
facility along County Road 20C, several oil gas facilities along County Road 13 corridor,
sand/gravel extraction, asphalt and concrete batch plants, and Mountain Hoist and
Equipment. Zoning designations for both the City of Windsor and the Town of Johnstown
provide for future industrial and commercial facilities to be located west and north of the
facility.
4. Explain how the uses allowed by the proposed rezoning will be compatible with
the surrounding land uses. Include a description of existing land uses for all
properties adjacent to the subject property.
The subject property is bordered to the northeast by the Union Pacific Railroad, 1-3
zoned land owned by Gerrard Investments, LLC and operated by Rock & Rail. A pet
memorial facility and RV storage facility, permitted under USR15-0044 are located
directly north of the site. The Great Western Railroad runs along the southwest border.
A conference center and event venue, permitted under USR15-0028, is located directly
east of the site. The site is bordered on the south by County Road 56 and on the east by
County Road 13 and a small agricultural parcel. The property at the intersection of
Highway 34 and County Road 13 Is owned by Occidental Petroleum Corporation and is
utilized for oil & gas development. Other land uses in the vicinity include; A Concrete,
Inc. under USR 16-0010, W3 Legacy LLC, a trucking and construction business
permitted under USR15-0040 for fly ash transloading, Waste -Not Recycling, Slager
Trucking Company, and Rocky Mountain Hoist and Equipment. Additionally, the County
has recently approved Coulson Excavating, under USR 20-0008, for an asphalt batch
plant and sand/gravel extraction approximately 1 mile south of the site.
The subject property is located within the Coordinated Planning Areas (CPA) for both
Windsor and Johnstown. The subject property change of zone to industrial zoning (1-3)
is consistent with the Weld County Comprehensive Plan. Since the subject property is
not located within Intergovernmental Agreement urban growth areas and growth
management areas, as defined in the County's and associated municipalities'
comprehensive plans, there should be no issue with a change in use which may conflict
with the use specified in these plans and agreements. With limited areas in the County
designated for 1-3 uses, this proposed zone change will help ensure that adequate
services and facilities are available to serve industrial development. The proposed zone
is compatible with existing and future land uses. Major utilities including water, electricity,
and gas are already in place to serve the site.
5. Explain how this proposal complies with Article V and Article XI of Chapter 23 if
the proposal is located within any Overlay Zoning District (Airport, Geologic
Hazard, or Historic Townsites Overlay Districts) or a Special Flood Hazard Area
identified by maps officially adopted by the County.
The subject property is not located within any Overlay Zoning District addressed in
Article V and Article XI of Chapter 23.
6. Does the soil report indicate the existence of moderate or severe soil limitations?
If so, detail the method to be employed to mitigate the limitations for the uses
proposed.
Engineering for structures will account for any soil limitations as demonstrated by
continued development in the area. Previous development on this site and adjacent
sites have not indicated any moderate or severe soil limitations.
7. Describe the proposed source of drinking water source on the property. If utilizing
a drinking water well, include either the well permit or well permit application that
was submitted to the State Division of Water Resources. If utilizing an existing
public water tap, include a letter from the water district, a tap or meter number, or
a copy of the water bill. If public water is proposed for new development, provide
a "will -serve" letter from the water provider.
A twelve -inch Little Thompson Water District line runs along the east side of County
Road 13, and a six-inch line runs along County Road 56 from County Road 13 to a
twelve -inch line in County Road 15. A twelve -inch water line that connects to the main
in the Indian Head Subdivision was installed on the industrial property to the north The
Little Thompson Water District currently supplies water to the property through account
no. 832901. A copy of a water bill Is included with this application. No additional water is
required at this time.
8. Describe the proposed sewage disposal system is on the property. If utilizing an
existing septic system, provide the septic permit number. If there is no septic
permit due to the age of the existing septic system, apply for a septic permit
through the Department of Public Health and Environment prior to submitting this
application. If a new septic system will be installed, please state "a new septic
system is proposed." Only propose portable toilets if the use is consistent with
the Department of Public Health and Environment's portable toilet policy.
The property is currently served by a septic system permitted under SP -1600128. A
copy of the septic permit is included with this application.
3926420 Pages: 1 of 12
04/22/2813 83:58 PM R Fee:$66.00
SteOi�i Mono, Clerk and Recorder,wi Co� i Ali EN
r
SURFACE USE AGREEMENT
THIS SURFACE USE AGREEMENT ("Agreement") is made and entered into this
day of March, 2013, by and between K.P. KAUFFMAN COMPANY, INC. and/or its
assignee ("KPK"), a California corporation with an address of 1675 Broadway, Suite 2800,
Denver, Colorado 80202, and WELD LV, LLC with an address of 3821 Derby Trail, Round
Rock, Texas, 78682 ("Surface Owner"). KPK and Surface Owner may collectively herein be
referred to as the "Parties".
RECITALS
A. Surface Owner owns or has the right to use and develop the surface estate of the
individual parcels of property (hereinafter called the "Property") described below and more
particularly described on Exhibit "A" attached and made a part hereto:
Township 5 North, Range 67 West, of the 6th P.M.
Section 18: Part of the SW/4
Weld County, Colorado
B. KPK is the assignee of certain oil and gas leasehold rights and as such, KPK has the
right to explore for, develop, and produce certain oil, gas and other hydrocarbons that underlie
the Property.
C. KPK is currently producing one (1) oil and gas well on the Property and has other oil
and gas production equipment on the Property including, but not limited to pipelines, a tank
battery, and lease roads. KPK has the right to drill additional wells on the Property in the future.
E. The Surface Owner desires to use and develop the surface of the Property in a manner
compatible with KPK's rights and obligations to produce oil and gas from beneath the surface.
KPK desires to produce the oil and gas from beneath the surface of the Property in a manner that
will allow the Surface Owner to develop the surface of the property. This Agreement is limited
to the compatible development of the surface estate and the oil and gas estate between the
Parties.
NOW THEREFORE, in consideration of the covenants and mutual promises set forth
herein, including the information set forth in the recitals, the parties agree, to the extent of each
of their respective interests in the Property only, as follows:
1. Oil and Gas Operations Areas and Production Site Locations.
a. Well Locations. KPK is now operating and producing the following named
oil and gas well on the Property, as further depicted on Exhibit A hereto:
Amen #1: SW/4 Sec. 18-T5N-R67W; 660' FSL, 660' FWL
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Steve Moreno, Clerk and Recorder, Weld County, CO
As of the date of this Agreement, KPK is awaiting state permits to drill the following named oil
and gas wells on the Property, as further depicted on Exhibit A hereto:
Weld LV II #18-2: NE/4SW/4, Section 18, T5N, R67W
Amen #18-3: NW/4SW/4, Section 18, T5N, R67W
Weld LV II #18-4: SE/4SW/4, Section 18, T5N, R67W
Amen #18-5: CSW/4, Section 18, T5N, R67W
Amen #18-6: GWA, Section 18, T5N, R67W
Weld LV II #18-7: GWA, Section 18, T5N, R67W
Amen #18-8: GWA, Section 18, T5N, R67W
b. Tank Battery Locations. KPK owns and operates an oil and gas tank battery
located on the Property ("Battery Location") and other related production equipment, lease
roads, flow, and gathering lines leading to the Battery Location and to third party pipelines, as
depicted on Exhibit A hereto.
c. Permanent Oil and Gas Operations Areas. The Parties agree and understand
that KPK requires a certain amount of surface area to safely drill, deepen, workover, operate, and
maintain each well or to drill a twinned, vertical, directional or horizontal well, referenced herein
as the Oil and Gas Operations Area ("OGOA"). The Parties agree that each OGOA shall include
an area without surface improvements including, but not limited to, surface property lines, fences
and roadways, which is defined by a circle with the existing wellbore or a proposed well to be
drilled at the center and extending to a radius of 150 feet from the wellbore, as shown on Exhibit
A hereto. Other oil and gas operators with oil and gas lease rights to drill or operate on the
Property may occupy portions of the OGOAs. Nothing in this provision is intended to imply
third party beneficiary status to other oil and gas operators.
d. Permanent Battery Location. The Parties agree that the Battery Location shall
be an area with dimensions of not less than 150 feet by 50 feet and shall be fenced with a
standard chain link fence. The cost to install such fence shall be paid by KPK. The Parties
further agree that the Surface Owner shall not locate any improvements, underground or on the
surface, including, but not limited to, parks, walkways or similar such uses within 200 feet from
the center of the Battery Location. KPK reserves the right to expand its facilities within the
agreed upon confines of the OGOAs and Battery Location as needed to accommodate future
vertical, directional or horizontal wells.
2. Waiver of Setback Requirement.
a. Surface Owner understands and acknowledges that the COGCC has rules and
regulations that apply to the distance between a wellhead and public roads, production facilities,
building units and surface property lines, among other things, as may be amended in the future.
In order to give full effect to the purposes of this Agreement, Surface Owner hereby waives its
right to object to the location of oil and gas wells and facilities on the basis of setback
requirements in the rules and regulations of the COGCC, as those rules and regulations may be
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Steve Moreno, Clerk and Recorder, Weld County, CO
■III II raElliildhi1nli'NgIA%h VI"Ill
amended or superseded from time to time, or of any local jurisdiction. For the operations
contemplated by this Agreement, Surface Owner hereby specifically waives the high density
setback distances in the COGCC rules and regulations and any applicable local jurisdiction.
b. Surface Owner further and similarly waives its right to object to any other state
or local setback requirements, notice and consultation requirements, or other requirements or
regulations that are or become inconsistent with this Agreement or that would prohibit or
interfere with the rights of the Oil Companies, their successors and assigns, to explore for and
produce the oil and gas in accordance with this Agreement. The Oil Companies, or their
successors and assigns, may cite the waiver in this paragraph 2 in order to obtain a location
exception or variance under COGCC rules or from any other state or local governmental body
having jurisdiction over oil and gas operations. Surface Owner agrees not to object to the use of
the surface within the Oil and Gas Operations Areas, Production Facility Location and pipeline
easements provided for herein so long as the proposed use is consistent with this Agreement.
Surface Owner will provide the Oil Companies or their successors and assigns with any and all
written support they may reasonably require to obtain permits from the COGCC or any local
jurisdiction.
3. Access to OGOAs and Battery Location.
a. Present Lease Roads. The Parties understand and agree that KPK now has a
lease road or roads across the Property for access to each OGOA and Battery Location ("Lease
Roads"). Surface Owner shall dedicate to KPK or other oil and gas Lessees, for their exclusive
use, an unobstructed Lease Road of not less than 30 feet in width and being straight and level
enough that KPK is able to use said road to move its trucks and equipment over said road
including, but not limited to, workover rigs and drilling rigs. Whether a proposed Lease Road is
acceptable for KPK's uses shall be in the sole discretion of KPK and KPK accepts the current
access roads in its current condition as depicted on Exhibit A. The Parties agree that KPK's
Lease Roads shall be located as depicted on Exhibit A and designated as Access.
b. Changes to Access to OGOAs and/or Battery Location. At the written request
of Surface Owner, KPK shall relocate a portion of or all Lease Roads in accordance with this
Agreement, provided that the relocation of such Lease Roads will not interfere with KPK' s use
and enjoyment of its interest in the oil and gas rights. Access to an OGOA and/or Battery
Location may be changed by mutual agreement of KPK and the Surface Owner, provided
however all costs and expenses of any such relocation shall be borne solely by the Surface
Owner if such relocation is at the request of the Surface Owner. All Access or Lease Roads off
of city streets, or located within the OGOA or Battery Location, will prohibit use by the Public.
c. Access for KPK. Regardless of the type of Access to be used or its stage of
construction, the Surface Owner will always provide KPK with unobstructed Access to KPK's
OGOAs and Battery Location.
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Steve Moreno, Clerk and Recorder, Weld County, CO
■I11 INr1RJfi riilrllrivi'Iainh li0,1 +011011 11111
4. Flow and Gathering Lines.
a. Flow and Gathering Line Easements for Existing Wells. KPK now has
subsurface pipelines, flowlines, and gathering lines ("Line" or "Lines") on the Property that
carry oil, gas and other hydrocarbons from the wellhead to the Battery Location and then on to
other pipelines, currently located within the OGOA and within the easement area of the depicted
access road on exhibit A and connecting to an existing gas line running from the access road
eastward along WCR 56 (see Exhibit A). At Surface Owner's written request, KPK will agree to
relocate said Lines to the location depicted on Exhibit A. Surface Owner agrees that said place
of relocation will not be administered in such a way as to interfere with KPIC's ability to exercise
its rights to drill for and produce oil, gas and other hydrocarbons. Surface Owner shall grant a
recorded easement for KPK's use of an area of 30 feet in width during construction of the Lines
and 20 feet in width for all operations, maintenance and transportation activities of the Lines (the
"Line Easement"). Line locations may be changed by mutual agreement of the Parties provided,
however, all costs and expenses of the relocation shall be borne by the Surface Owner if such
Line relocation is at the request of Surface Owner. KPK shall not unreasonably withhold its
consent to such relocation.
b. Vertical Requirements within KPK Line Easements. After written notice of at
least fifteen (15) days, Surface Owner shall have the right to cross any Line Easement with
roadways and other utilities, provided such crossing is made at an angle of not less than 60° and
not more than 90° from ICPK's Lines. In no event shall such utility run parallel above KPK's
Lines. KPK requires that all subsurface utilities be not less than 24 inches below KPK's Lines.
Overburden above KPK's Lines shall not exceed 72 inches. If a roadway crosses above KPK's
Lines, that portion of said Line will be encased with protective pipe and provided with vents on
each side of the roadway crossing. All expenses for the encased pipe and vents will be paid for
by the Surface Owner. Roadways shall not be constructed parallel directly above KPK's
subsurface Lines.
c. Horizontal Requirements within KPK Easements. Surface Owner may request
from KPK the right to place a utility within the Line Easement that would parallel KPK's Lines.
KPK will not unreasonably withhold its consent to such use by Surface Owner, but in no event
shall such utility be placed within 10 feet of KPK's Lines.
d. Requirements for Encasement of KPK's Lines. In the event that Surface
Owner's proposed Line Easement would place KPK's Lines within 75 feet of an ignition source
including, but not limited to, houses, buildings, structures or any other potential source of
ignition, then the Lines shall be "encased" at the Surface Owner's expense. The term "encased"
shall mean that ICPK's Lines shall be enclosed in a second steel pipe with inspection vents on
each end of the Lines_ In addition to the encasement, Surface Owner shall provide KPK with an
easement for a work area of 30 feet by 75 feet at each end of the encasement (the "Work Area").
No encasement shall exceed 400 feet without Surface Owner providing intermediate Work
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Steve Moreno, Clerk and Recorder, Weld County, co
VIIII rwl'FA i''Y h �'�lI� �I r'L�I IKl 1 11111
Areas. All Lines that must be encased shall be constructed straight and without curves from
Work Area to Work Area.
e. OGOAs and Easements. The provisions of subparagraphs b and c of this
paragraph shall not be applicable to the exclusive 150 -foot area around a wellhead, with the
exception of oil and gas operators with rights to occupy portions of the OGOA(s). Nothing in
this provision shall be construed to imply third party beneficiary status to other oil and gas
operators.
5. Easements. Surface Owner shall deliver to KPK an easement in the form of Exhibit
B for each Line Easement, Lease Road, Drilling Site, Undrilled Location, Work Area, and
Battery Location, except for paved roads and streets. Said easement shall be recorded by Surface
Owner with the County Clerk and Recorder (the "Easement").
6. Moving of Electrical Equipment_ If, as a result of any changes proposed by surface
ownerunder this Agreement, KPK's electrical provider should charge KPK for any work
necessary to change the electrical equipment used by KPK, the Surface Owner shall pay all such
costs. Surface Owner will cooperate with the electrical provider to accomplish the intent of this
Agreement.
7. Waiver of Rights. KPK does not by entering into this Agreement waive any rights it
might have under its oil and gas lease, except as specifically set forth herein including, but not
limited to, the drilling for and production of oil and gas from the Property.
8. Successor and Assigns. This Agreement, and all of the covenants in it, shall be
binding upon the personal representatives, heirs, successors and assigns of all parties and
benefits of this Agreement shall inure to their personal representatives, heirs, successors, and
assigns.
9. Covenants Run with the Land. This Agreement, and all of the covenants in it, shall be
binding upon the personal representatives, heirs, successors and assigns of all parties hereto and
benefits of this agreement shall inure to their personal representatives, heirs, successors, and
assigns.
10. Governing Law. The validity, interpretation, and performance of this Agreement
shall be governed and construed in accordance with the laws of the State of Colorado.
11. Compliance with Common Law and Statutory and Regulatory Requirements. KPK
and Surface Owner expressly acknowledges that this Agreement satisfies the obligations and
requirements of KPK pursuant to COGCC rules and regulations and Colorado statutes to consult
in good faith with Surface Owner regarding existing and proposed oil and gas operations on the
Property. KPK and Surface Owner further expressly acknowledges that this Agreement shall be
deemed to be specifically applicable to, and to fully satisfy, the obligations of KPK to
accommodate the use of the surface of the Property by Surface Owner, existing and future, and
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Steve Moreno, Clerk and Recorder Weld County, CO
VIII kirlfnViVI��� kr ,�1 4�1iS�+'YT�! �II�HIti I III
Surface Owner waives any statutory and common law claims to the contrary, including, but not
limited to, any claims pursuant to C.R.S. 34-60-127.
12. Severability. If any part of this Agreement is found to be in conflict with applicable
laws, such part shall be inoperative, null and void insofar as it conflicts with such laws; however,
the remainder of this Agreement shall be in full force and effect.
13. Notices. Any notice or communication required or permitted by this Agreement
shall be given in writing either by (a) personal delivery, (b) expedited delivery service with proof
of delivery, (c) United States mail, postage prepaid, and registered or certified mail with return
receipt requested, or (d) prepaid telecopy or fax, the receipt of which shall be acknowledged,
addressed as follows:
To Surface Owner;
To KPK:
WELD LV, LLC
3821 Derby Trail
Round Rock, Texas, 78682
(702)433-1551 (phone)
(#!F#)###-##! (Fax)
K.P. Kauffman Company, Inc.
1675 Broadway, Suite 2800
Denver, CO 80202-4628
(303) 825-4822
(303) 825-4825 (Fax)
14. Entire Agreement. This Agreement sets forth the entire understanding among the
Parties and supersedes any previous communications, representations, or agreements, whether
oral or written. No change of any of the terms or conditions herein shall be valid or binding on
any party unless in writing and signed by an authorized representative of each party.
15. Counterpart Signatures. This Agreement may be executed in any number of
counterparts, it being understood that all counterpart copies will constitute but one agreement
[SIGNATURES APPEAR ON THE NEXT PAGE]
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04eve2Mor0eno 03:56 Cleand Recorder, Weld County, i+ ,l��l
� l I x.014,1 tri 1iiriniing �i l lii iiil
IN WITNESS WHEREOF the undersigned parties have caused this Agreement to be
executed by a duly authorized representative on the day and year first above written.
K. P. KAUF
By
WELD LV, LLC
By
k Holler
anager
an
d CEO
INC.
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Stave Morano, Clerk and Recorder Weld County, CO
11111
ACKNOWLEDGEMENTS
STATE OF COLORADO
) ss.
COUNTY OF DENVER
The foregoing instrument was acknowledged before me this day of March, 2013,
by Kevin P. Kauffman as President and CEO of K. P. Kauffman Company, Inc.
Witness my hand and official seal.
My commission expires: , 'L cA L0
taryRublic
STATE OF CC) t -o 1 -F O )
) ss.
COUNTY OF }: Veil )
JENNIFER NICOLE FEIIC
NOTARY PUBLIC
COLORADO
STATEE
NOTARY ID 20124065512
MY COMMISSION EIS NOVEMBER 5, 2016
The foregoing instrument was acknowledged before me this C .k day of March, 2013,
by Jack Holler for Weld LV, LLC.
Witness my hand and official seal.
My commission expires: , - S 2 j\
I,faaiy P lic
JENNIFER NICOLE FEIK
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20124065512
W COMMISSION E) ES NOVEMBER 5, 2016
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Steve 1 r�IP
Moreno,
rCl�ll°d � ��N���O�� c
1111
r..niniT B
To Surface Use Agreement dated March , 2013, by and between
K. P. Kauffman Company, Inc., and Weld LV, LLC.
LINE EASEMENT AGREEMENT
THIS LINE EASEMENT AGREEMENT ("Agreement") is entered into this day of
, 2013, by and between K.P. KAUFFMAN COMPANY, INC. ("KPK"),
with an address of 1675 Broadway, Suite 2800, Denver, Colorado 80202 and WELD LV, LLC
("Surface Owner"), with an address of 3821 Derby Trail, Round Rock, Texas, 78682. KPK and
Surface Owner may collectively herein be referred to as the "Parties".
WHEREAS, the Parties have entered into a Surface Use Agreement dated February, ,
2013, and recorded at Reception No. among the
records of the Weld County Clerk and Recorder (the "Surface Use Agreement") covering the
following described lands:
Township 5 North, Range 67 West, of the 6th P.M.
Section 18: Part of the SW/4
Weld County, Colorado
WHEREARS, the Surface Use Agreement provides that upon request the Surface Owner
will provide KPK with a separate easement agreement for it subsurface line(s) on the Property.
NOW THEREFORE, in consideration of the covenants and mutual promises set forth
herein, including the information set forth in the recitals, the parties agree as follows:
1. Surface Owner hereby grants a perpetual, non-exclusive easement to install, construct,
replace, repair, maintain and use subsurface lines on the Property as shown on Exhibit A
attached hereto and made a part hereof. The easement shall be 20 feet in width for all operations,
maintenance and transportation activities of the line(s), and during the period of construction or
relocation of any lines, the easement shall be 30 feet in width.
2. Line locations may be changed by mutual agreement of the Parties, provided, however,
all costs and expenses of the relocation shall be borne by the Surface Owner if such relocation is
at the request of the Surface Owner. KPK shall not unreasonably withhold its consent. The
relocation shall not be administered in such a way as to interfere with KPK's ability to exercise
its rights to drill for and produce oil, gas and other hydrocarbons.
3. After written notice of at least fifteen (15) days, Surface Owner shall have the right to
cross the line easement with roadways and other utilities, provided such crossing is made at an
angle of not less than 60° and not more than 90° from KPK's lines, except as noted in paragraph
5 below. KPK requires all subsurface utilities be not less than 24 inches below KPK's lines.
Overburden above KPK's lines shall not exceed 72 inches. If a roadway crosses above KPK's
lines, that portion of said lines will be encased with protective pipe and provided with vents on
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Steve Moreno, Clerk and Recorder, Weld County, CO
Pi 11 ZI IIINVICI It'PrigiiMIGII06X144 II III
each side of the roadway crossing. All expenses for the encased pipe and vents will be provided
by the Surface Owner. Roadways shall not be constructed parallel above KPK's lines.
4. Surface Owner may request from KPK the right to place a utility within the line easement
that would parallel KPK's line(s). KPK will not unreasonably withhold its consent to such use
by Surface Owner, provided that in no event shall such utility be placed within 10 feet of KPK's
flow or gathering line.
5. In the event that Surface Owner's proposed development would place KPK's line(s)
within 75 feet of an ignition source including, but not limited to, houses, buildings, or structures
capable of being an ignition source, then said line(s) shall be encased at the Surface Owner's
expense. The term "encased" shall mean that KPK's line(s) shall be enclosed in a second steel
pipe with inspection vents on each end of the line(s). In addition to the encasement, Surface
Owner shall provide KPK with an easement for a work area of 30 feet by 75 feet at each end of
the encasement. (the "Work Area"). No encasement shall exceed 400 feet without Surface
Owner providing intermediate Work Areas. All lines that must be encased shall be constructed
straight and without curves from Work Area to Work Area.
6. KPK agrees to keep all easements and the OGOA free and clear of trash in accordance
with the rules and regulations of the Colorado Oil and Gas Conservation Commission (COGCC).
Surface Owner reserves the right, but not the obligation, to plant dry land grasses on all
easements and OGOAs and to mow, provided however, before planting any grass in such areas,
Surface Owner shall request KPK's consent, which consent shall not be unreasonably withheld.
Additionally, if Surface Owner elects to mow said easement and OGOAs, it shall do so only in a
manner which does not violate the terms of KPK's easement or do damage to KPK's lines or
equipment, or interfere with KPK's access or use. Surface Owner agrees to hold KPK harmless
for any injury to persons or equipment during Surface Owner's performance under this
paragraph.
7. The terms of this Agreement are subject to the Surface Use Agreement. The Surface Use
Agreement will prevail in the event there is a conflict with this Agreement.
8. The Parties agree that this Agreement and the benefits hereunder shall be binding upon
and inure to the benefit of the parties hereto and their heirs, successors and assigns.
9. This Agreement and all of its covenants in it shall be covenants running with the land and
shall be binding on all parties who succeed to any interest which Surface Owner has in the
Property.
[SIGNATURES APPEAR ON THE NEXT PAGE]
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Steve Moreno, Clerk and Recorder, Weld County, CO
■��i I`JUltl+i II III
IN WITNESS WHEREOF the undersigned parties have caused this Agreement to be
executed by a duly authorized representative on the day and year first above written.
K.P. KAUFFMAN O , I
By
even
Preside d
WELD LV, LLC
By
J ck Holler
anager
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Steve Moreno, Clerk and Recorder, Weld County, CO
11 Far iI(GIBI' iuP L!IIhi +4ln4li44II till
ACKNOWLEDGEMENTS
STATE OF COLORADO )
) ss.
COUNTY OF DENVER )
r
The foregoing instrument was acknowledged before me this 3 - day of
P p c, , 2013, by Kevin P. Kauffman, as President and CEO of K.P. Kauffman
Company, Inc.
Witness my hand and official seal.
My commission expires: -- c 2-3'1
STATE OFCAnc-aa)
ss.
COUNTY OF Qv' )
JENNIFER NICOLE FEIK
NOTARY PUBLIC
STATE OF COLORACO
NOTARY ID 20124065512
MY COMMISSION WIRES NOVEMBER 5,2016
The foregoing instrument was acknowledged before me this 2-1.o day of
, 2013, by Jack Holler, as Manager of Weld LV, LLC.
Witness my hand and official seal.
My Commission expires: 1
�lic
JENNIFER NICOLE FEIK
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20124065512
MY COMMISSION EXPIRES NOVEMBER 5, 2016
Weld County Treasurer
Statement of Taxes Due
1
i
Account Number 83853805
Assessed To
Parcel 095718300047
GERRARD INVESTMENTS LLC
27154 COUNTY ROAD 13
JOHNSTOWN, CO 80534-8205
Legal Description
PT SW4 18-5-67 LOT B REC EXEMPT RE -4033 (3.27R 1.52RR)
Year
Tax Charve
2020
Total Tax Charse
Tax Adjustments
Interest
Situs Address
27154 COUNTY ROAD 13 WELD
Fees
Payments Balance
$77,487.50
Grand Total Due as of 02/10/2021
$0.00 $0,00
$0.00 $0.00 $77..487.50
_ $77,487.50
Tax B it led at 2020 Rates for Tax Area 2371 - 2371
Authority
WELD COUNTY
SCHOOL DIST RE5J
NORTHERN COLORADO WATER
(NC
FRONT RANGE FIRE RESCUE (JO
AIMS JUNIOR COLLEGE
THOMPSON RIVER REC
HIGH PLAINS LIBRARY
Taxes Billed 2020
* Credit Levy
Mill Levy Amount
15.0380000* $13,174.04
47,8090000* $41,883.08
1.0000000 $876.05
11.5240000 $10,095,60
6,3050000 $5,523.50
3.5940000 $3,148.52
3.1810000 $2,786,71
88.4510000 $77,487.50
$77,487.50
Values Actual Assessed
WAREHOUSE/STORA $334,372 $96,970
GE -LAND
WAREHOUSE/STORA $2,663,112 $772,300
GE -IMPS,
AG -FLOOD $23,365 $6,780
IRRRIGATED LAND
AG -WASTE LAND $0 SO
Total
$3,020,849 $876,050
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE
LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES.
CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE
FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1.
TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK.
POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS. PAYMENTS MUST BE IN OUR OFFICE AND
PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH.
Weld County Treasurer's Office
1400 N 17th Avenue
PO Box 458
Greeley, CO 80632
Phone: 970-400-3290
Pursuant to the Weld County Subdivision Ordinance, the attaches Statement of Taxes Due
issued by the Weld County Treasurer, are evidence of the status as of this date of all property
taxes, special assessments, and prior tax liens attached to this account.
Current year's taxes are due but not delinquent.
Signed: Date: 2I 10 I
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