HomeMy WebLinkAbout20212819.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION,
RECX19-0093, FOR REMOVAL OF LOT D - PAWNEE RANCH, LLC,
C/O MICHAEL MCCRERY AND MARVIN BARSTOW
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 February 12, 2020, the Department of Planning Services approved
Four -Lot Recorded Exemption, RECX19-0093, located on the following described real estate, to
wit:
Part of the W1/2 NW1/4, NE1/4 NW1/4, W1/2 NE1/4,
and the SE1/4 NW1/4, being part of Section 4,
Township 9 North, Range 64 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, the Board has received a request from the current property owner Pawnee
Ranch, LLC, do Michael McCrery and Marvin Barstow, 1719 East Mulberry Street, Fort Collins,
Colorado 80524, to vacate Lot D of Recorded Exemption, RECX19-0093, 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 Pawnee Ranch, LLC, do Michael McCrery and
Marvin Barstow, for Partial Vacation of Four -Lot Recorded Exemption, RECX19-0093, for
removal of Lot D, be, and hereby is, approved, subject to the following conditions:
1. As described in Section 24-11-50(h) and (i), the applicant shall submit a partial
vacation exemption plat and deed to the Department of Planning Services within
ninety (90) days.
2. No easements are being included in this vacation.
4768956 Pages: 1 of 2
10/25/2021 10:08 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
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2021-2819
RECX19-0093
PARTIAL VACATION OF RECORDED EXEMPTION, RECX19-0093 - PAWNEE RANCH, LLC,
C/O MICHAEL MCCRERY AND MARVIN BARSTOW
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of October, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dd,c,„ •ackAAC,
Weld County Clerk to the Board
Steve
oreno, Chair
Sc
erry L. Bu
unty Atto ey
Date of signature: 1O/1(4 /21
4768956 Pages: 2 of 2
10/25/2021 10:08 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
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2021 -2819
RECX19-0093
TO:
FROM:
SUBJECT:
HEARING DATE:
APPLICANT:
LEGAL
DESCRIPTION:
LOCATION:
PARCEL SIZE:
ZONE DISTRICT:
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
Weld County Board of County Commissioners
Diana Aungst, Planner II
Vacation of Lot D of Recorded Exemption 0459-4-2 RECX19-0093
October 4, 2021
Pawnee Ranch LLC do Michael McCrery and Marvin Barstow
Lot D of Recorded Exemption RECX19-0093, being a part of Section 4, T9N, R64W
of the 6th P.M., Weld County, Colorado
Approximately 0.6 miles north of CR 108 and .2 miles east of CR 53
+1- 120 acres PARCEL NUMBER: 0459-04-20-0-011
A (Agricultural)
NARRATIVE: On July 16, 2021 the Department of Planning Services received the attached vacation
request letter signed by Marvin Barstow and Michael McCrery, both are managers of
Pawnee Ranch, LLC. The letter is requesting a partial vacation of the plat of
Recorded Exemption RECX19-0093, recorded February 12, 2020, reception
#4566229 to vacate Lot D, being the largest lot. No easements were created by the
plat of RECX19-0093 and therefore no other interests are affected by the request.
The resulting parcel will be larger than thirty-five (35) acres.
The Lots A, B and C are owned by CMH Homes, Inc and are not a part of this request.
These three smaller lots have access onto CR 53. Notice to CMH Homes, Inc was
sent at least ten (10) days prior to the hearing by the Clerk to the Board.
A draft vacation plat is also attached and requires minor revisions prior to recording.
A metes and bounds description for the lot to be vacated has been included on the
draft vacation plat.
The Department of Planning Services staff has reviewed this request and recommends that this
request be approved.
2021-2819
O124
Page 1 of 1
July 16, 2021
Weld County Planning Department
Attn: Diana Aungst
1555 N 17th Ave
Greeley, CO 80631
Diana,
I am writing to request the vacation of Lot D Recorded Exemption No. 0459-4-2
RECX19-0093 which is located in the North Half of Section 4, Township 9 North, Range
64 West of the 6th P.M.
The only improvement on the property is the livestock well with permit number 286836
which was shown as being located 15 feet north of the section line but it is actually
slightly south of the section line. The purpose of vacating Lot D is to allow the livestock
well that is along the northern edge of the property to be included with the 35 acre
parcel to the north which is Parcel 3A on the Land Survey plat that was recorded on
May 12, 2021 with Reception # 4714316. We also plan to divide the parcel into 35 acre
parcels.
No easements or rights -of -way utilized by Lots A, B or C will be affected as a result of
this Lot D being vacated. The access points for Lots A, B & C of this Recorded
Exemption will remain the same. Any parcels that are created on the land that is
currently Lot D will get access from the south of Lot A.
Please feel to free to reach out with any questions, Michael can be reached at 970-214-
7162.
Sincerel
Mary Barstow
Manager, Pawnee Ranch, LLC.
Michael McCrery, Manag
Manager, Pawnee Ranch, LLC.
4566229 Pages: 1 of 2
02/12/2020 04:37 P11 R Fee:$23.00
Carly Koppes, Clerk and Recorder, Weld County, CO
Ell
RECORDED EXEMPTION NO. 0459-4-2 RECXI9-0093
n
cn
VICINITY MAP
SEC 4, T9N, R64W
WCR 110
SITE
WCR 108
1 INCH = 2000 FEET
C,
cri
PART OF THE NORTH HALF OF SECTION 4, TOWNSHIP 9 NORTH,
RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF WELD, STATE OF COLORADO
NOTES:
1. ALL PROPOSED OR EXISTING STRUCTURES WILL OR DO MEET THE MINIMUM SETBACK AND OFFSET REQUIREMENTS FOR THE
ZONE DISTRICT IN WHICH THE PROPERTY IS LOCATED. PURSUANT TO THE DEFINITION OF SETBACK IN THE WELD COUNTY
CODE, THE REQUIRED SETBACK IS MEASURED FROM THE FUTURE RIGHT-OF-WAY LINE.
* NO BUILDING OR STRUCTURE AS DEFINED AND LIMITED TO THOSE OCCUPANCIES LISTED AS GROUPS A, B, E, F, H, I, M AND R
IN SECTION 302.1 OF THE 2018 INTERNATIONAL BUILDING CODE, SHALL BE CONSTRUCTED WITHIN A 200 -FOOT RADIUS OF
ANY TANK BATTERY OR WITHIN A 150 -FOOT RADIUS OF ANY WELLHEAD OR WITHIN A 25 -FOOT RADIUS OF ANY PLUGGED OR
ABANDONED OIL AND GAS WELL. ANY CONSTRUCTION WITHIN A 200 -FOOT RADIUS OF ANY TANK BATTERY OR 150 -FOOT RADIUS
OF ANY WELLHEAD SHALL REQUIRE A VARIANCE FROM THE TERMS OF THIS CHAPTER IN ACCORDANCE WITH SUBSECTION
236-10.C OF THIS CODE.
2. LOT A, LOT B AND LOT C ARE NOT ELIGIBLE FOR A FUTURE LAND EXEMPTION IN ACCORDANCE WITH SECTION 24-8-20.C.1 OF THE
WELD COUNTY CODE.
3. THE LARGEST LOT OF ANY RECORDED EXEMPTION MAY NOT BE LESS THAN THIRTY-FIVE (35) ACRES NET UNLESS APPROVED
BY THE WELD COUNTY BOARD OF COMMISSIONERS IN ACCORDANCE WITH SECTION 24-8-40.P. OF THE WELD COUNTY CODE.
4. THE PROPERTY OWNER OR OPERATOR SHALL BE RESPONSIBLE FOR CONTROLLING NOXIOUS WEEDS ON THE SITE, PURSUANT
TO CHAPTER 15, ARTICLE I AND II, OF THE WELD COUNTY CODE.
5. ALL FUTURE USES OF LOT LOT D SHALL USE AN EXISTING ACCESS.
6. THE ACCESS WILL BE UTILIZING UNMAINTAINED COUNTY RIGHT-OF-WAY. MAINTENANCE OF THE UNMAINTAINED COUNTY RIGHT-
OF-WAY WILL NOT BE THE RESPONSIBILITY OF WELD COUNTY.
7. WELD COUNTY WILL NOT REPLACE OVERLAPPING EASEMENTS LOCATED WITHIN EXISTING RIGHT-OF-WAY OR PAY TO
RELOCATE EXISTING UTILITIES WITHIN THE EXISTING COUNTY RIGHT-OF-WAY.
8. ALL ACCESS AND UTILITY EASEMENTS ARE DEDICATED FOR THE BENEFIT OF ALL OWNERS OF LOTS DEPICTED ON THIS PLAT,
INCLUDING OWNERS OF FUTURE LOTS CREATED THEREFROM, REGARDLESS OF LOT CONFIGURATION OR NUMBER OF USERS,
AND WITHOUT LIMITATION OF THE USE OF INTENSITY OF THE USE OF SUCH EASEMENTS. NO LOT OWNER MAY INSTALL A GATE
OR OTHERWISE IMPEDE THE USE OF SUCH EASEMENTS WITHOUT THE APPROVAL OF ALL PERSONS WITH RIGHTS OF USE OF
SUCH EASEMENTS.
9. ACCESS ON THE SITE SHALL BE MAINTAINED TO MITIGATE ANY IMPACTS TO THE PUBLIC ROAD INCLUDING DAMAGES AND/OR
OFFSITE TRACKING.
10. PRIOR TO RELEASE OF BUILDING PERMITS, THE APPLICANT SHALL BE REQUIRED TO SUBMIT A COMPLETE ACCESS APPLICATION
FOR A "PRELIMINARILY APPROVED" ACCESS LOCATION AS SHOWN ON THIS PLAT.
11. ANY WORK THAT MAY OCCUPY AND OR ENCROACH UPON ANY COUNTY RIGHTS -OF -WAY OR EASEMENT SHALL ACQUIRE AN
APPROVED RIGHT-OF-WAY USE PERMIT PRIOR TO COMMENCEMENT.
12. THE HISTORICAL FLOW PATTERNS AND RUNOFF AMOUNTS WILL BE MAINTAINED ON THE SITE.
13. PRIOR TO THE RELEASE OF BUILDING PERMITS, THE APPLICANT SSHALL SUBMIT A RECORDED DEED DESCRIBING THE LOT
UPON WHICH THE BUILDING PERMIT IS REQUESTED WITH WITH THE BUILDING PERMIT APPLICATIONS. THE LEGAL DESCRIPTION
ON SUCH DEED SHALL INCLUDE THE LOT DESIGNATION AND RECORDED EXEMPTION NUMBER.
14. PRIOR TO THE RELEASE OF BUILDING PERMITS, THE APPLICANT SHALL SUBMIT EVIDENCE TO THE DEPARTMENT OF PLANNING
SERVICES THAT LOT A, B, C, AND D HAVE AN ADEQUATE WATER SUPPLY OF SUFFICIENT QUALITY, QUANTITY AND
DEPENDABILITY.
15. POTENTIAL PURCHASERS SHOULD BE AWARE THAT LOT A, B AND C MAY NOT BE ELIGIBLE FOR A DOMESTIC WELL PERMIT
WHICH ALLOWS FOR OUTSIDE IRRIGATION AND/OR THE WATERING OF STOCK ANIMALS. THE STATE DIVISION OF WATER
RESOURCES ISSUES ALL WELL PERMITS.
16. POTENTIAL PURCHASERS SHOULD BE AWARE THAT GROUNDWATER MAY NOT MEET ALL DRINKING WATER STANDARDS AS
DEFINED BY THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT. THE WELD COUNTY DEPARTMENT OF PUBLIC
HEALTH AND ENVIRONMENT STRONGLY ENCOURAGES WELL USERS TO TEST THEIR DRINKING WATER PRIOR TO CONSUMPTION
AND PERIODICALLY THEREAFTER.
17. POTENTIAL PURCHASERS SHOULD BE AWARE THAT APPROVAL OF THIS RECORDED EXEMPTION DOES NOT GUARANTEE THAT
WELL PERMITS WILL BE ISSUED FOR THE LOTS. ANY LOT MAY BE DEEMED NON -BUILDABLE IF THE LOT OWNER IS UNABLE TO
OBTAIN A WELL PERMIT. THE STATE DIVISION OF WATER RESOURCES ISSUES ALL WELL PERMITS.
18. BUILDING PERMITS SHALL BE OBTAINED PRIOR TO THE CONSTRUCTION OF ANY BUILDING. BUILDINGS THAT MEET THE
DEFINITION OF AN AG EXEMPT BUILDING PER THE REQUIREMENTS OF SECTION 29-1-20 AND SECTION 29-3-20.B.13 OF THE WELD
COUNTY CODE DO NOT NEED BUILDING PERMITS, HOWEVER, A CERTIFICATE OF COMPLIANCE MUST BE FILED WITH THE
PLANNING DEPARTMENT AND AN ELECTRICAL AND/OR PLUMBING PERMIT IS REQUIRED FOR ANY ELECTRICAL SERVICE TO THE
BUILDING OR WATER FOR WATERING OR WASHING OF LIVESTOCK OR POULTRY.
19. BUILDING PERMITS ISSUED ON THE PROPOSED LOTS WILL BE REQUIRED TO ADHERE TO THE FEE STRUCTURE OF THE
COUNTY -WIDE ROAD IMPACT FEE PROGRAM.
20. BUILDING PERMITS ISSUED ON THE PROPOSED LOTS, WILL BE REQUIRED TO ADHERE TO THE FEE STRUCTURE OF THE
COUNTY FACILITY FEE AND DRAINAGE IMPACT FEE PROGRAMS.
21. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: WELD COUNTY HAS SOME OF THE MOST ABUNDANT MINERAL
RESOURCES, INCLUDING, BUT NOT LIMITED TO, SAND AND GRAVEL, OIL, NATURAL GAS, AND COAL UNDER TITLE 34 OF THE
COLORADO REVISED STATUTES, MINERALS ARE VITAL RESOURCES BECAUSE (A) THE STATE'S COMMERCIAL MINERAL
DEPOSITS ARE ESSENTIAL TO THE STATE'S ECONOMY; (B) THE POPULOUS COUNTIES OF THE STATE FACE A CRITICAL
SHORTAGE OF SUCH DEPOSITS; AND (C) SUCH DEPOSITS SHOULD BE EXTRACTED ACCORDING TO A RATIONAL PLAN,
CALCULATED TO AVOID WASTE OF SUCH DEPOSITS AND CAUSE THE LEAST PRACTICABLE DISRUPTION OF THE ECOLOGY AND
QUALITY OF LIFE OF THE CITIZENS OF THE POPULOUS COUNTIES OF THE STATE.
MINERAL RESOURCE LOCATIONS ARE WIDESPREAD THROUGHOUT THE COUNTY AND PERSON MOVING INTO THESE AREAS
MUST RECOGNIZE THE VARIOUS IMPACTS ASSOCIATED WITH THIS DEVELOPMENT. OFTEN TIMES, MINERAL RESOURCE SITES
ARE FIXED TO THEIR GEOGRAPHICAL AND GEOPHYSICAL LOCATIONS. MOREOVER, THESE RESOURCES ARE PROTECTED
PROPERTY RIGHTS AND MINERAL OWNERS SHOULD BE AFFORDED THE OPPORTUNITY TO EXTRACT THE MINERAL RESOURCE.
NOTES CONTINUED:
22. WELD COUNTY'S RIGHT TO FARM STATEMENT: WELD COUNTY IS ONE OF THE MOST PRODUCTIVE AGRICULTURAL COUNTIES IN
THE UNITED STATES, TYPICALLY RANKING IN THE TOP TEN COUNTIES IN THE COUNTRY IN TOTAL MARKET VALUE OF
AGRICULTURAL PRODUCTS SOLD. THE RURAL AREAS OF WELD COUNTY MAY BE OPEN AND SPACIOUS, BUT THEY ARE
INTENSIVELY USED FOR AGRICULTURE. PERSONS MOVING INTO A RURAL AREA MUST RECOGNIZE AND ACCEPT THERE ARE
DRAWBACKS, INCLUDING CONFLICTS WITH LONGSTANDING AGRICULTURAL PRACTICES AND A LOWER LEVEL OF SERVICES
THAN IN TOWN. ALONG WITH THE DRAWBACKS COME THE INCENTIVES WHICH ATTRACT URBAN DWELLERS TO RELOCATE
TO RURAL AREAS: OPEN VIEWS, SPACIOUSNESS, WILDLIFE, LACK OF CITY NOISE AND CONGESTION, AND THE RURAL
ATMOSPHERE AND WAY OF LIFE. WITHOUT NEIGHBORING FARMS, THOSE FEATURES WHICH ATTRACT URBAN DWELLERS
TO RURAL WELD COUNTY WOULD QUICKLY BE GONE FOREVER.
AGRICULTURAL USERS OF THE LAND SHOULD NOT BE EXPECTED TO CHANGE THEIR LONG-ESTABLISHED AGRICULTURAL
PRACTICES TO ACCOMMODATE THE INTRUSIONS OF URBAN USERS INTO A RURAL AREA. WELL -RUN AGRICULTURAL ACTIVITIES
WILL GENERATE OFF -SITE IMPACTS, INCLUDING NOISE FROM TRACTORS AND EQUIPMENT; SLOW -MOVING FARM VEHICLES ON
RURAL ROADS; DUST FROM ANIMAL PENS, FIELD WORK, HARVEST AND GRAVEL ROADS; ODOR FROM ANIMAL CONFINEMENT,
SILAGE AND MANURE; SMOKE FROM DITCH BURNING; FLIES AND MOSQUITOES; HUNTING AND TRAPPING ACTIVITIES;
SHOOTING SPORTS, LEGAL HAZING OF NUISANCE WILDLIFE; AND THE USE OF PESTICIDES AND FERTILIZERS IN THE FIELDS,
INCLUDING THE USE OF AERIAL SPRAYING. IT IS COMMON PRACTICE FOR AGRICULTURAL PRODUCERS TO UTILIZE AN
ACCUMULATION OF AGRICULTURAL MACHINERY AND SUPPLIES TO ASSIST IN THEIR AGRICULTURAL OPERATIONS. A
CONCENTRATION OF MISCELLANEOUS AGRICULTURAL MATERIALS OFTEN PRODUCES A VISUAL DISPARITY BETWEEN RURAL
AND URBAN AREAS OF THE COUNTY. SECTON 35-3.5-102, C.R.S., PROVIDES THAT AN AGRICULTURAL OPERATION SHALL NOT BE
FOUND TO BE A PUBLIC OR PRIVATE NUISANCE IF THE AGRICULTURAL OPERATION ALLEGED TO BE A NUISANCE EMPLOYS
METHODS OR PRACTICES THAT ARE COMMONLY OR REASONABLY ASSOCIATED WITH AGRICULTURAL PRODUCTION.
WATER HAS BEEN, AND CONTINUES TO BE, THE LIFELINE FOR THE AGRICULTURAL COMMUNITY. IT IS UNREALISTIC TO ASSUME
THAT DITCHES AND RESERVOIRS MAY SIMPLY BE MOVED "OUT OF THE WAY" OF RESIDENTIAL DEVELOPEMENT. WHEN MOVING
TO THE COUNTY, PROPERTY OWNERS AND RESIDENTS MUST REALIZE THEY CANNOT TAKE WATER FROM IRRIGATION DITCHES,
LAKES, OR OTHER STRUCTURES, UNLESS THEY HAVE AN ADJUDICATED RIGHT TO THE WATER.
WELD COUNTY COVERS A LAND AREA OF FOUR THOUSAND (4,000) SQUARE MILES IN SIZE (TWICE THE SIZE OF THE STATE
OF DELAWARE) WITH MORE THAN THREE THOUSAND SEVEN HUNDRED (3,700) MILES OF STATE AND COUNTY ROADS OUTSIDE
OF MUNICIPALITIES. THE SHEER MAGNITUDE OF THE AREA TO BE SERVED STRETCHES AVAILABLE RESOURCES. LAW
ENFORCEMENT IS BASED ON RESPONSES TO COMPLAINTS MORE THAN ON PATROLS OF THE COUNTY, AND THE DISTANCES
WHICH MUST BE TRAVELED MAY DELAY ALL EMERGENCY RESPONSES, INCLUDING LAW ENFORCEMENT, AMBULANCE, AND FIRE.
FIRE PROTECTION IS USUALLY PROVIDED BY VOLUNTEERS WHO MUST LEAVE THEIR JOBS AND FAMILIES TO RESPOND TO
EMERGENCIES. COUNTY GRAVEL ROADS, NO MATTER HOW OFTEN THEY ARE BLADED, WILL NOT PROVIDE THE SAME KIND OF
SURFACE EXPECTED FROM A PAVED ROAD. SNOW REMOVAL PRIORITIES MEAN THAT ROADS FROM SUBDIVISIONS TO ARTERIALS
MAY NOT BE CLEARED FOR SEVERAL DAYS AFTER A SNOWSTORM. SNOW REMOVAL PRIORITIES MEAN THAT ROADS FROM
SUBDIVISIONS TO ARTERIALS MAY NOT BE CLEARED FOR SEVERAL DAYS AFTER A MAJOR SNOWSTORM. SERVICES IN RURAL
AREAS, IN MANY CASES, WILL NOT BE EQUIVALENT TO MUNICIPAL SERVICES. RURAL DWELLERS MUST, BY NECESSITY, BE
MORE SELF-SUFFICIENT THAN URBAN DWELLERS.
PEOPLE ARE EXPOSED TO DIFFERENT HAZARDS IN THE COUNTY THAN IN AN URBAN OR SUBURBAN SETTING. FARM EQUIPMENT
AND OIL FIELD EQUIPMENT, PONDS AND IRRIGATION DITCHES, ELECTRICAL POWER FOR PUMPS AND CENTER PIVOT OPERATIONS,
HIGH SPEED TRAFFIC, SAND BURS, PUNCTURE VINES, TERRITORIAL FARM DOGS, AND LIVESTOCK, AND OPEN BURNING PRESENT
REAL THREATS. CONTROLLING CHILDREN'S ACTIVITIES IS IMPORTANT, NOT ONLY FOR THEIR SAFETY, BUT ALSO FOR THE
PROTECTION OF THE FARMER'S LIVELIHOOD.
SURVEYOR'S NOTES:
1. THIS SURVEY WAS PREPARED WITH THE BENEFIT OF LAND TITLE COMPANY
COMMITMENT FILE NO. FCC25164391-4, DATED MAY 21, 2019 AND DOES NOT
CONSTITUTE A TITLE SEARCH BY THOMAS LAND SURVEYING, LLC. TO DETERMINE
EASEMENTS OR TITLE OF RECORD. THOMAS LAND SURVEYING, LLC RELIED ON
SAID COMMITMENT, EXCLUSIVELY, FOR ALL EASEMENTS AND RIGHTS -OF -WAY.
THIS SURVEY DOES NOT PURPORT TO REFLECT ANY OF THE FOLLOWING WHICH
MAY BE APPLICABLE TO THE SUBJECT REAL ESTATE: BUILDING SETBACK LINES;
RESTRICTIVE COVENANTS; SUBDIVISION RESTRICTIONS; ZONING OR OTHER
LAND -USE REGULATIONS; AND ANY OTHER FACTS THAT SAID TITLE COMMITMENT
MAY DISCLOSE.
2. ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION
BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU
FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON
ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM
THE DATE OF THE CERTIFICATION SHOWN HEREON.
3. THIS SURVEY IS VALID ONLY IF PRINT HAS ORIGINAL SEAL AND SIGNATURE OF
SURVEYOR.
4. ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC
LAND SURVEY MONUMENT AND/OR BOUNDARY MONUMENT OR ACCESSORY,
COMMITS A CLASS TWO (2) MISDEMEANOR PURSUANT TO STATE STATUTE
C.R.S. SEC 18-4-508, WHOEVER WILLFULLY DESTROYS, DEFACES, CHANGES,
OR REMOVES TO ANOTHER PLACE ANY SECTION CORNER, QUARTER CORNER,
OR MEANDER POST, ON ANY GOVERNMENT LINE OF SURVEY, OR WILLFULLY
CUTS DOWN ANY WITNESS TREE OR ANY TREE BLAZED TO MARK THE LINE OF
A BENCH MARK OF ANY GOVERNMENT SURVEY, SHALL BE FINED UNDER THIS
TITLE OR IMPRISONED NOT MORE THAN SIX MONTHS, OR BOTH. 18 U.S.C.
1858 (2009).
5. THE DISTANCE MEASUREMENTS SHOWN HEREON ARE U.S. SURVEY FOOT.
EASEMENT AND RIGHT-OF-WAY NOTE:
(PROVIDED BY LAND TITLE COMPANY TITLE COMMITMENT FILE NO.
FCC25164391-4, DATED MAY 21, 2019, AND RELIED UPON BY THOMAS
LAND SURVEYING, LLC, EXCLUSIVELY, FOR EASEMENTS AND RIGHTS -
OF -WAY OF RECORD)
1. A MEMORANDUM OF OIL, GAS AND MINERAL LEASE WAS RECORDED
ON MARCH 18, 2011, AT RECEPTION NO 3756873, AND REFERENCES
AN OIL AND GAS LEASE THAT MAY ALLOW FOR EASEMENTS, AND
RIGHTS -OF -WAY, FOR THE PURPOSE OF PROSPECTING, DRILLING,
MINING, ETC. THOMAS LAND SURVEYING, LLC DID NOT FIND THE
OIL AND GAS LEASE THAT WAS REFERENCED IN THE WELD COUNTY
RECORDS - EASEMENTS AND OR RIGHTS -OF -WAY MAY EXIST -
NOT PLOTTED)
ENCUMBERS THE
LEGAL DESCRIPTION
(PROVIDED BY QUIT CLAIM DEED RECORDED JUNE 28, 2019 AT RECEPTION NO.
4501473)
THE NORTH 2/3 OF THE HORTHWEST QUARTER AND THE NORTH 2/3 OF THE WEST HALF
OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 9 NORTH, RANGE 64 WEST OF
THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO.
THE PARCEL OF LAND DESCRIBED ABOVE CONTAINS 158.99 ACRES, MORE OR LESS, AND
IS SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD.
PROPERTY OWNER'S CERTIFICATE
I (WE), THE UNDERSIGNED, BEING THE SOLE OWNERS IN FEE OF THE ABOVE DESCRIBED
PROPERTY DO HEREBY SUBDIVIDE THE SAME AS SHOWN ON THE ATTACHED MAP. I (WE)
UNDERSTAND THIS PROPERTY IS LOCATED IN THE AGRICULTURAL ZONE DISTRICT AND IS
ALSO INTENDED TO PROV DE AREAS FOR THE CONDUCT OF OTHER USES BY RIGHT,
ACCESSORY ES, AND ES BY SPECIAL REVIEW.
PAWNEE fd4NCH, LLC
BY: MARVIN BARSTOW
STATE OF COLORADO)
) SS.
COUNTY OF WELD )
1 St
THE OREGOIN, G CERTIFICATION WAS ACKNO EDGED BEFORE ME THIS , DAY
OF C )O '\U,0.f , A.D. 2020, BY 1,'(1.0,1 d 0,c 5ro LA
MY COMMISSION EXPIRES:
NOTARY PUBLIC
WITNESS MY HAND AND SEAL:
PA E R C , LC
BY: MICHAEL MCCRERY
STATE OF COLORADO)
) SS.
COUNTY OF WELD )
r
THE FOREGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS 7� S I DAY
OF :Mv.),, A.D. 2020, BY 1)6\c AcLQ_( k^nc/X-€.c
JEANA ZONNEFELD
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20194043119
MY COLON WIRES NOVEMBER 14, 2023
MY COMMISSION EXPIRES: Noce( \'"h ; ��•0
NOTARY PUBLIC
WITNESS MY HAND AND SEAL:
EASEMENT CERTIFICATE:
JEANAZONNEFELC0
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20194043119
CCO■BS.510N WIRES NOVEMBER 14, 202-3
I(WE), THE UNDERSIGNED, DO HEREBY DEDICATE, FOR THE BENEFIT OF LOTS A, B, C
AND D OF RECX19-0093, EASEMENTS FOR THE PURPOSES SHOWN OR DESCRIBED
HEREON.
PAWNEE RANCH, LLC
BY: MARVIN BARSTOW
PAWNEE RA L3 Mfast,
MICHAEL MCCRERY
DEPARTMENT OF PLANNING SERVICES ACCEPTANCE:
THIS PLAT IS ACCEPTED AND APPROVED BY THE DEPARTMENT OF PLANNING SERVICES FOR FILING.
DEPARTME'+ S PLANNING SERVIC SDICTOR
STATE OF COLORADO)
) SS.
COUNTY OF WELD )
THE F REGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS Ij AY
OF , A.D. 2020.
MY COMMISSION EXPIRES: 116. -
ZOO
NOTARY PUBLIC
WITNESS MY HAND AND SEAL:
SURVEYOR'S CERTIFICATE:
I, ROBERT D. THOMAS, A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO
HEREBY CERTIFY THAT THIS RECORDED EXEMPTION WAS PREPARED BY ME, OR UNDER MY
PERSONAL SUPERVISION, AND THAT THIS PLAT IS AN ACCURATE REPRESENTATION THEREOF,
BASED UPON MY KNOWLEDGE, INFORMATION AND BELIEF. I FURTHER CERTIFY THAT THE
SURVEY AND THIS PLAT COMPLY WITH ALL APPLICABLE RULES, REGULATIONS, AND LAWS OF
THE STATE OF COLORADO, STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS
AND PROFESSIONAL LAND SURVEYORS, AND WELD COUNTY, AND IS NOT A GUARANTEE OR
WARRAIyTY, EITHER EXPRESS OR IMPLIED.
ROBERT°"D. THOMAS
COLORADO PROFESSIONAL LAND SURVEYOR #38353
FOR AND ON BEHALF OF THOMAS LAND SURVEYING, LLC
1/7
DATE
PREPARED BY: THOMAS LAND SURVEYING, LLC
2619 WEST 11TH STREET ROAD, SUITE 24
GREELEY, COLORADO 80634
TELEPHONE: (970) 304-0984
PAGE 1 OF 2
PROJECT: 1909.029
DRAWING: MCCRERY RECX19-0093
VIII N1F�EQ G19iM1'18Y IJ{,P1,L i1 iliPl 161.Iu W'9h III II
RECORDED EXEMPTION NO. 0459-4-2 RECX 19-0093
PART OF THE NORTH HALF OF SECTION 4, TOWNSHIP 9 NORTH,
RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF WELD, STATE OF COLORADO
NORT0WE5T CORNER
S1CT1O0 9. 7505'111'01 NORTH.
ANGE 84 NEST OF THE S. P.M.,
FOUNDRS MBAR 'NTH
ALUMINUM S. STAMPED AL
TEJC 5 BELOWGRAVEL
ROAD ROAD
RESIUE��0 00
AGRICULTURE
ACCESS FOR LOT
RESIDENTIAL
OR
000 s1s000 9C
SO
2W 20J w0
1 INCH P AO FEET
S
DO OR
POMMES NOT EX.SI AND IS
N01 MAINTAINED ET WELL SHUNTS
1 052519211
WELD COUNTY ROAD 110
v1 -8 _ -
SG otl
125 VEIL!. EASEMENT
FOR BENEFIT OF LOTS
Amu Es -H. P,AT 0099
S
LOT A
GROSS 13.64 ACRES
NET 12_27 ACRES.
MORE OR LESS
SPOOFS "H' 91512
090 TC'
LOT8
GROSS 12.69 ACRES
NET 12.29 ACRES,
MORE OR LESS
_CKIC6 SHARED ACCESS ANC
UTILITY EASEMENT POP BEN EP -
OF LOTS R C REG%' ROOSS
REINS 15 EACH LICE
OF PROP., LINE
tr'�v S 27352 S. A- 9T'a TO
LOT C
GROSS 12.99 ACRES
NET 12.29 ACRES,
MORE OR LESS
915]0'
&512
WEST QUARTER CORNER
SECTION 4 15510009 ry RANGE 899PEST 0F THE OR7N
FOUND IPS EARS REEAP 3 1,111
ALIPIAINuM CAP OH SAID BEL000RAVEL ROADSTAMPED AS
D
RESGENTIVRLE
ACCLSS LC1 L'
2551
5
SSE 'S21TPi 269655
S 020004 55 064550
1,6]S
1670 P9'
SET PG N-
ONLIIE
NORTH O,:ARIEP CORNER
SECTION <,10510500 9 NORTH
ROUGE 54 WEST OF T -E HTH 511
FOUNP0REROR PITHS 1!_
ALUMINUM CON ETAAIFED Ps
DISH I EC 00 ABOVEGROUND
N E9'ta'11' E
DANCSIXTEENTH = SHIES96.GNORTH
RANGE EA VEST OF THE S-1111 M. FOUND
SCOUTED NTH 107" ARIANH CAP.
STAMPED AS INDICATES. FLUSH VyI1FR
GROUND
LOTS
GROSS 122.50 ACRES
NET 11796 ACRES,
MORE OR LEGS
THIS RECORDED Ea ESP -ION
ONLY- ACOAESSES
THE RONHEARIES112THIN
ON 10112004 1HE STATED
FENCE
APPEARS TORE INSICE OF
THE RECORCED EXEMPTION
BOUNOARES
CENTER SHORTER CORNER �Snrica N�
RANGE EOYEET OFHTHE STH YN 11020'L'�
FOUND 1n RERAN m1H 7 PA. CIII}51
ALUMINUM CAP, STAMP_DAS vZ0'44. INDICATEDFLUSH WITH
GHOUN3
S PaSP'S.A 112._
C1116
_ Vfl sa
/ oi�S. t1'W 1322 bZ CENTER EAST 10INNTEENTHORTH \.k 9 1
RANGESECTION I2.1O THE NORTH
VJtsl OF THE 6TH P
H)1!v'
ALJNINL11 OAP. STAMPED AS
INDICATED FLUSH 169. GROUND
LEGEND
ALIQUOT CORNER
(AS DESCRIBED,
SET SP. RESAR
WITH "'010500
LOOT IC CAP
STAMPED THOMAS
ENENECT BOUNDARY
RICHNONAVAY
EASEMENT
FENCE
COUN, PICAS
BASIS OF BEARING
THEN., LINE OP THE 'HLT dUAR"TR 00 SECTION 4
P.P..IS
ASSUMED TORE.
9e ≤e TBAEST. AND IS
MOHUMENTEU AS:NOICATED
PREPARED SY. THOMAS LAND SUE0EVING, LLC
2615 "VEST 11'H STREET RD SUITE RP
GREELEY COLORADO.DJ636
TELEPHONE19701304-0964
PAGE T OF 2
PROJEC" 19N M9
NW CORNER
SEC. 4 T9N R64W
FOUND 2) " ALUMINUM
CAP MONUMENT,
PLS 17492
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ACATISN Off' 11 `!T
COUNTY ROAD 7 7 0
(60' RIGHT-OF-WAY PER AS SHOWN ON RECX19-OO93)
ROADWAY DOES NOT EXIST AND VS NOT COUNTY MAINTAINED
POINT OF
BEGINNING
975.74'(M)(P)
F RECd.;RDED IXEMPTISN
BEING LOCATED WITHIN THE NORTH ONE-HALF OF SECT O
TOWNSHIP 9 NORTH, RANGE 64 WEST OF THE 6TH PR NC PAL
COUNTY OF WELD, STATE OF COLOA9O.
NORTH LINE NW7/4 SEC, 4
N 88°26'42" E 2650.60'(M)(P)
20' UTILITY EASEMENT FOR THE
ENEFIT OF LOTS A AND LOT D
RECX19-0093 (EASEMENT REMAINS)
LOT A, RECX19-0093
(NOT A PART OF THIS SURVEY)
S 88'28'33" W 975.73'(M)
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Co
30'
60'
W1/4 CORNER
SEC. 4 T9N R64W
FOUND 3Y4" ALUMINUM
CAP MONUMENT,
PLS 38353
945.73'
LOT B, RECX19-0093
(NOT A PART OE THIS SURVEY)
S 88°30'25" W 975.73'(M)
945.73'
LOT C, RECX19-0093
(NOT A PART OE THIS SURVEY)
945.72'
30'
S 88'32'16" W 975.72'(M)
LEGEND:
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N-
N 88°26'42" E 1674.86'(M)(P)
SOUTH LINE NW7/4 SEC, 4
S 88'35'01" W 2644.65'(M)
DENOTES ALIQUOT CORNER AS DESCRIBED HEREON
DENOTES FOUND 1/2" REBAR WITH PLASTIC CAP, PLS 38353
DENOTES MEASURED BEARING/DISTANCE BY THIS SURVEY
DENOTES BEARING/DISTANCE TAKEN FROM PLAT OF
RECORDED EXEMPTION NO. 0297-33-1 RECX19-0093
GRAPHIC SCALE
200 0 100 200
400
800
( IN FEET )
1 inch = 200 ft.
N1/4 CORNER
SEC. 4 T9N R64W
FOUND 3Y4" ALUMINUM
o CAP MONUMENT,
PLS 37041
0
VACATED PARCEL
±120.00 ACRES (GROSS)
±117.93 ACRES (NET)
LOT D VACATED ON BY
RESOLUTION NO. OF THE BOARD
OF COUNTY COMMISSIONERS OF WELD COUNTY
S 88°32'16" W 1670.91'(M)
S88°32'76"W 1670.89'(P)
UNPLATTED
(NOT A PART OF THIS SURVEY)
ri
4
4
C1/4 CORNER
SEC. 4 T9N R64W
FOUND 3Y4" ALUMINUM
CAP MONUMENT,
PLS 37041
8
BASIS OF BEARINGS:
BEARINGS FOR THIS SURVEY ARE BASED ON THE WEST LINE OF THE NORTHWEST
ONE -QUARTER (NWY4) OF SECTION 4, TOWNSHIP 9 NORTH, RANGE 64 WEST OF THE
6TH P.M., BETWEEN TWO FOUND SURVEY MONUMENTS AS SHOWN AND DESCRIBED
HEREON. SAID LINE BEARS N00°52'39"W, BEING A GRID BEARING ON THE COLORADO
STATE PLANE COORDINATE SYSTEM, COLORADO NORTH ZONE, NAD83/2011.
NORTH LINE W1/2NE7/4 SEC. 4
N88°26'72 "E 9325.35 (P)
N 88°25'58" E 1325.39'(M)
S 88°32'20" W 1323.40'(M)
S88 `32'18 "W 1323.41 '(P)
SOUTH LINE Wl/2NE7/4 SEC. 4
S 88'35'26" W 1322.40'(M)
4-2 RECX19-O
N 4 ,
MERMAN,
E 1/16 CORNER COMMON TO
SEC. 4 T9N R64W AND
SEC. 33 T1ON R64W _i FOUND 3A" ALUMINUM CAP
MONUMENT,
PLS 37041
CE 1/16 CORNER
SEC. 4 T9N R64W
FOUND 3Y4" ALUMINUM
CAP MONUMENT,
PL5 37041
0.
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op
SURVEYOR'S NOTES:
1) THIS VACATION PLAT AND THE INFORMATION HEREON, MAY NOT BE USED FOR
ANY ADDITIONAL OR EXTENDED PURPOSES BEYOND THAT FOR WHICH IT WAS
INTENDED AND MAY NOT BE USED BY ANY PARTIES OTHER THAN THOSE TO WHICH
IT IS CERTIFIED.
2) LAND TITLE GUARANTEE COMPANY'S TITLE COMMITMENT NO. FCC25164391-4
1 -4
DATED MAY 21, 2019 AT 5:00 P.M. WAS RELIED UPON FOR EASEMENTS,
RIGHTS -OF -WAY AND ENCUMBRANCES OF RECORD FOR THIS PROPERTY.
3) ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED
UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST
DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT
IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF
CERTIFICATION SHOWN HEREON.
4) GROSS AREA INCLUDES THOSE PORTIONS WITHIN THE 30' WIDE (HALF) COUNTY
ROAD RIGHTS -OF -WAY. NET AREA EXCLUDES THE 30' WIDE (HALF) COUNTY ROAD
RIGHTS -OF -WAY.
5) THE LINEAL UNIT OF MEASUREMENT FOR THE SURVEY OF THIS PROPERTY IS U.S.
SURVEY FEET.
93
VACATED PARCEL D€SCRIPTION.
(FORMALLY KNOWN AS LOT D, RECX19-0093)
A parcel situated in the NV of Section 4, Township 9 North, Range 64 West
of the 6th P.M., County of Weld, State of Colorado, being more particularly
described as follows:
Considering the West line of the NMI of said Section 4 as bearing
NOO'52'39'W, a bearing on the Colorado State Plane Coordinate System,
Colorado North Zone, NAD1983/2011 with all bearings contained herein, relative
thereto:
Commencing at the Northwest corner of Said Section 4, thence N88°26'42"E
975.74 feet along the North line of said NWY4 to the Northeast corner of Lot
A, RECX19-0093 and the POINT OF BEGINNING; Thence N88°26'42"E 1674.86
feet continuing along said North line to the NY4 Corner of said Section 4;
Thence N88°25'58"E 1325.39 feet along the North line W)'NEY of said Section
4; Thence SOO°41'04"E 1746.85' along a portion of the East line of said
WY2NEY4; Thence S88°32'20"W 1323.40 feet to a point on the East line of
the NWY4 of said Section 4; Thence S88'32' 16"W 1670.91 feet to the
Southeast corner of Lot C, RECX19-0093; Thence NCO -52'39"W 1741.62 feet
along the East lines of Lots C, B and A, RECX19-0093 to the POINT OF
BEGINNING.
Parcel contains 120.00 Acres (Gross) by this survey.
PROPERTY OWNER'S CERTIFICATE:
l(WE), THE UNDERSIGNED, BEING THE SOLE OWNER(S) IN FEE OF THE HEREON
DESCRIBED PROPERTY DO HEREBY PARTIALLY VACATE THE LAND DIVISION PLAT
OF RECORD, NOW RECOGNIZED AS AN UNPLATTED TRACT OF LAND.
OWNER: PAWNEE RANCH, LLC
BY: MARVIN A. BARSTOW, MANAGER
MARVIN A. BARSTOW, MANAGER
STATE OF COLORADO
)
SS
COUNTY OF )
THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY
OF A.D., 20 BY MARVIN A. BARSTOW, MANAGER.
WITNESS MY HAND AND OFFICIAL SEAL.
NOTARY PUBLIC
MY COMMISSION EXPIRES:
BY: MICHAEL McCRERY, MANAGER
MICHAEL McCRERY, MANAGER
STATE OF COLORADO )
) SS
COUNTY OF )
THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY
OF A.D., 20 BY MICHAEL McCRERY, MANAGER.
WITNESS MY HAND AND OFFICIAL SEAL.
NOTARY PUBLIC
MY COMMISSION EXPIRES:
BOARD OF COUNTY COMMISSIONERS APPROVAL:
THIS PARTIAL VACATION PLAT IS APPROVED BY THE BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, COLORADO.
WITNESS MY HAND AND THE CORPORATE SEAL OF WELD COUNTY THIS DAY
OF , 20
CHAIR, BOARD OF COUNTY COMMISSIONERS
ATTEST:
WELD COUNTY CLERK TO THE BOARD
BY: DATE:
DEPUTY CLERK TO THE BOARD
SURVEYOR'S CERTIFICATE:
I, ROBERT M. EDMONDS, A PROFESSIONAL LAND SURVEYOR IN THE STATE OF
COLORADO DO HEREBY CERTIFY THAT THIS SURVEY REPRESENTED BY THIS PLAT
WAS MADE UNDER MY PERSONAL SUPERVISION, AND THAT THIS PLAT IS AN
ACCURATE REPRESENTATION THEREOF. I FURTHER CERTIFY THAT THE SURVEY AND
THIS PLAT COMPLIES WITH ALL APPLICABLE RULES, REGULATIONS AND LAWS OF THE
STATE OF COLORADO, STATE BOARD OF REGISTRATION FOR PROFESSIONAL
ENGINEERS AND PROFESSIONAL LAND SURVEYORS, AND WELD COUNTY.
ROBERT M. EDMONDS, PLS 37968
DATE
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VACATION OF LOT D, RECX19-0093
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PROJECT NO.:
21-0379
SHEET 1 OF 1
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: October 4, 2021
TIME: 9:00 a.m.
APPLICANT:
Pawnee Ranch, LLC
do Michael McCrery and Marvin Barstow
1719 East Mulberry Street, Fort Collins, Colorado 80524
REQUEST: Partial Vacation of Four -Lot Recorded Exemption, RECX19-0093, for Removal of
Lot D
LEGAL DESCRIPTION: Lot D of Recorded Exemption, RECX19-0093; being part of Section 4,
Township 9 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado
LOCATION: Approximately 0.6 miles north of County Road 108; and .2 miles east of County
Road 53 (See Legal Description for precise location)
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: September 24, 2021
PROPERTY OWNERS
PARTIAL VACATION OF RECX19-0093
Company
PAWNEE RANCH LLC
CMH HOMES INC
Address 1
1719 E MULBERRY ST
5000 CLAYTON RD
City
FORT COLLINS
MARYVILLE
State
CO
TN
Postal Code
80524-3523
37804-5550
CERTIFICATE OF MAILING
I hereby certify that I have placed a true and correct copy of the Notice, in accordance with the
notification requirements of Weld County for Partial Vacation of RECX19-0093, in the United States Mail,
postage prepaid First Class Mail as listed above.
Dated the 24th day of September, 2021.
owl ft ,id s) i cic.
Janet M. Warwick
Deputy Clerk to the Board
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U.S. Postal ServiceTM
CERTIFIED MAIL® RECEIPT
Domestic lU 'l Only
•
For delivery information, visit our website at www.usps.com®:
Cy
lv
•
Certified Mail Fee
Extra Services & Fees (check box, add fee as appropriate)
❑ Return Receipt (hardcopy) $
❑ Return Receipt (electronic)
• Certified Mail Restricted Delivery
▪ Adult Signature Required $
D Adult Signature Restricted Delivery $
Postage
Total Postage and Fees
Sent Tc
Street
City, S;
P
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tk
ere
CMH HOMES INC
5000 CLAYTON RD
MARYVILLE, TN 37804-5550
PS Form 3800,IApril 2015 PSN 7530-02-000-9047 See Reverse for lnstrUctions
U.S. Postal ServiceTM
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery information, visit our we • site at www.usps.com®.
Certified Mail Fee
Extra Services & Fees (check box, add fee as appropriate)
❑ Return Receipt (hardcopy) $
❑ Return Receipt (electronic)
❑ Certified Mail Restricted Delivery
Adult Signature Required $
Adult Signature Restricted Delivery $
Postage
Total Po
Sent To
Street ar
City, Stal
PAWN EE RANCH LLC
c/o MICHAEL MCCRERY
MARVIN BARSTOW
1719 E MULBERRY ST
FORT COLLINS, CO 805
PS Form 3800; April 2015 PSN 7530-02:000-9047
ostmark
Here
•
El Complete items 1, 2, and 3.
® Print your name and address on the reverse
so that we can return the card to you.
is Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
PAVINEE RANCH LLC
c/o MICHAEL MCCRERY AND
MARVIN BARSTOW
1719 E MULBERRY ST
FORT COLLINS, CO 80524-3523
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9590 9402 4445 8248 1200 73
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COMPLETE THIS SECTION .N DELIVERY
A. Signature
J
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Agent
O Addressee
C. Date of Delivery
.--12-9"2(
D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery"address below: ❑ No
2. Article Number (Transfer from service label)
❑1? 11450 0000 %75 3351
3. Service Type
O Adult Signature
❑ Adult Signature Restricted Delivery
❑ Certified Mail®
❑ Certified Mail Restricted Delivery
O Collect on Delivery
❑ Collect on Delivery Restricted Delivery
cured Mail
sured Mail Restricted Delivery
ler $500)
❑ priority Mail Express®
Registered MaiITM
❑ Registered Mail Restricted
Delivery
❑ Return Receipt for
Merchandise
❑ Signature ConfirmationTM
❑ Signature Confirmation
Restricted Delivery
PS Form 3811, July 2015 PSN 7530-02-000-9053
Domestic Return Receipt
PLAT VACATION APPICATION
RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS
FOR PLANNING DEPARTMENT USE: DATE RECEIVED:
PLANNER ASSIGNED:
PLAT INFORMATION
Title of plat to be vacated: Recorded Exemption No. 0459-4-2 RECX19-0093 S 4 T9N Rfi4W
Complete Vacation (must include all lots) Ell Partial Vacation of the largest lot (must be over 35 acres)
List of lots to be vacated:
Lot Parcel Number Acreage Affected Easements
D
045904200011
120.00
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name: Pawnee Ranch, LLC.
Company:
Phone #: 970-214-7612 Email: michaelmccrery@colorado-Iand.com
Street Address: 1719 E. Mulberry Street
City/State/Zip Code: Fort Collins, CO 80524
APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.)
Name: Pawnee Ranch, LLC.
Company:
Phone #:
970-214-7612 Email: michaelmccrery@colorado-land.com
Street Address: 1719 E. Mulberry Street
City/State/Zip Code: Fort Collins, CO 80524
! (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
subdivisio xemptio
ignat re. •caner or Authorized Agent
Marvin A. Barstow, Manager
Print: Owner or Authorized Agent
e '
Signature owner or Authorized Tent Date
Michael J. McCrary, Manager
Print: Owner or Authorized Agent
7/20/2021
OPERATING AGREEMENT
of
PAWNEE RANCH, LLC
Colorado Limited Liability Company
THIS OPERATING AGREEMENT is made and entered into effective as of the 17t day of
April 2019, by and between MARVIN A. BARSTOW and MICHAEL J. McCRERY.
ARTICLE I. DEFINITIONS
The following terms used in this Operating Agreement shall have the following meanings
(unless otherwise expressly provided herein):
(a) "Articles of Organization" shall mean the Articles of Organization of the Company as
filed with the Secretary of State of Colorado as the same may be amended from time to time.
(b) "Affiliate" means, with respect to any Person, (1) any Person directly or indirectly
controlling, controlled by, or under common control with such Person; (2) any Person owning or
controlling ten percent 10%) or more of the outstanding voting interests of such Person; (3) any
officer, director, Managers, or general partner of such Person; or (4) any Person who is an officer,
director, general partner, Managers trustee, or holder of ten percent (10%) or more of the voting
interests of any Person described in clauses (1) through (3) of this sentence. For purposes of this
definition, the term "controls," "is controlled by," or "is under common control with" shall mean the
possession, direct or indirect, of the power to direct or cause the direction of the management and
policies of a person or entity, whether through the ownership of voting securities, by contract, or
otherwise.
(c) "Capital Account" as of any given date shall mean the Capital Contribution to the
Company by a Member as adjusted up to the date in question pursuant to Article VIII.
(d) "Capital Contribution" shall mean any contribution to the capital of the Company in
cash or property by a Member whenever made. "Initial Capital Contribution" shall mean the initial
contribution to the capital of the Company pursuant to this Operating Agreement.
(e) "Code" shall mean the Internal Revenue Code of 1986 or corresponding provisions of
subsequent superseding federal revenue laws.
(f) "Colorado Act" shall mean the Colorado Limited Liability Company Act at C.R.S.
§ 7-80-101, et seq.
(g)
"Company" shall refer to Pawnee Ranch, LLC.
(h) "Deficit Capital Account" shall mean, with respect to any Member, the deficit
balance, if any, in such Member's Capital Account as of the end of the taxable year, determined in
accordance with the provisions of Treasury Regulations Section 1.704-1(b)(2)(ii)(d) and 1.704-2.
(i) "Distributable Cash" means all cash, revenues, and funds received by the Company,
less the sum of the following to the extent paid or set aside by the Company: (1) all principal and
interest payments on indebtedness of the Company and all other sums paid to lenders on a current
basis; (2) all cash expenditures incurred incident to the normal operation of the Company's business;
(3) such Reserves as the Managers deem reasonably necessary to the proper operation of the
Company's business.
(j) "Economic Interest" shall mean a Member's or Economic Interest Owner's share of
one or more of the Company's Net Profits, Net Losses, and distributions of the Company's assets
pursuant to this Operating Agreement and the Colorado Act, but shall not include any right to
participate in the management or affairs of the Company, including the right to vote on, consent to,
or otherwise participate in any decision of the Members or Managers.
(k) "Economic Interest Owner" shall mean the owner of an Economic Interest who is not
a Member.
(1) "Entity" shall mean any general partnership, limited partnership, limited liability
company, corporation, joint venture, trust, business trust, cooperative or association, or any foreign
trust or foreign business organization.
(m) "Fiscal Year" shall mean the Company's fiscal year, which shall be the calendar year.
(n) "Managers" shall mean one or more managers. Initially, the Managers shall be
Marvin A. Barstow and Michael J. McCrery.
(o) "Member" shall mean Marvin A. Barstow and Michael J. McCrery, and any Person
who may hereafter become a Member. To the extent a Manager has purchased Membership Interests
in the Company, such Managers will have all the rights of a Member with respect to such Membership
Interests, and the term "Member" as used herein shall include a Manager to the extent such Managers
has purchased such. Membership Interests in the Company. If a Person is a Member immediately
prior to the purchase or other acquisition by such Person of an Economic Interest, such Person shall
have all the rights of a Member with respect to such purchased or otherwise acquired Membership
Interest or Economic Interest, as the case may be.
(p) "Membership Interest" shall mean a Member's entire interest in the Company
including such Member's Economic Interest and such other rights and privileges that the Member
may enjoy by being a Member.
(q) "Net Profits" and "Net Losses" shall mean for each taxable year of the Company an
amount equal to the Company's net taxable income or loss for such year as determined for federal
income tax purposes in accordance with the accounting method and rules used by the Company and
Section 703 of the Code.
(r) "Operating Agreement" shall mean this Operating Agreement as originally executed
and as amended from time to time.
(s) "Person" shall mean any individual or Entity, and the heirs, executors, administrators,
legal representatives, successors, and assigns of such "Person" where the context so permits.
2
(t} "Real Property" shall mean and refer to the real property described on Exhibit A
attached hereto and incorporated herein by reference.
(u) "Reserves" shall mean, with respect to any fiscal period, funds set aside or amounts
allocated during such period to reserves which shall be maintained in amounts deemed sufficient by
the Managers for working capital and to pay taxes, insurance, debt service, or other costs or expenses
incident to the ownership or operation of the Company's business.
(v) "Treasury Regulations" shall include proposed, temporary and final regulations
promulgated under the Code in effect as of the date of filing the Articles of Organization and the
corresponding sections of any regulations subsequently issued that amend or supersede such
regulations.
ARTICLE II. FORMATION OF COMPANY
1. Formation. On April 17, 2019, Marvin A. Barstow organized a Colorado Limited
Liability Company by executing and delivering articles of organization to the Colorado Secretary of
State in accordance with and pursuant to the Colorado Act.
2. Name. The name of the Company is Pawnee Ranch, LLC.
3. Principal Place of Business. The principal place of business of the Company within
the State of Colorado shall be 1719 E. Mulberry Street, Fort Collins, CO 80524. The Company may
locate its places of business and registered office at any other place or places as the Managers may
from time to time deem advisable.
4. Registered Office and Registered Agent. The Company's initial registered office shall
be at the office of its registered agent at 1719 E. Mulberry Street, Fort Collins, CO 80524 and the
name of its initial registered agent at such address shall be Marvin A. Barstow. The registered office
and registered agent may be changed from time to time by filing the address of the new registered
office and/or the name of the new registered agent with the Colorado Secretary of State pursuant to
the Colorado Act.
5. Term. The Company shall have perpetual existence unless the Company is dissolved
in accordance with either the provisions of this Operating Agreement or the Colorado Act.
ARTICLE III. BUSINESS OF THE COMPANY
1. Purpose. The purpose and business of the Company shall be and is hereby expressly
limited and restricted to acquire, own and hold the Real Property for investment purposes.
2. Powers. The Company shall have the power to engage in all activities necessary,
customary, convenient, or incident to the foregoing purpose. The Company shall at all times obtain
and maintain in full force and effect, and abide by and satisfy the material terms and conditions of, all
material permits, licenses, registrations and other authorization with or granted by any governmental
authorities that may be required with respect to the ownership of the Real Property.
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3. Limitations. Notwithstanding any other provision of the Articles of Organization,
this Operating Agreement, or any provision of law that otherwise so empowers the Company, the
Company shall not, and the Members and Managers of the Company shall have no authority to,
without the unanimous consent of its Members do any of the following:
(a) engage in any business or activity other than the business set forth in Article
III Section 1;
(b) do any act which would make it impossible to carry on the ordinary business
of the Company;
(c) borrow money or incur any indebtedness or assume or guaranty any
indebtedness of any other Entity, other than nounal unsecured trade accounts and lease obligations
that are: (i) incurred in the ordinary course of business; (ii) customary; (iii) not evidenced by a
Promissory Note; (iv) related to the ownership and operation of the Real Property; (v) shall not
exceed sixty (60) days in duration from the date first incurred; and (vi) shall not exceed $5,000.00
or grant consensual liens on the Real Property or other assets of the Company;
(d) dissolve, liquidate, or sell any of its Assets, in whole or in part;
(e) consolidate or merge with or into any other entity, or convey or transfer or
lease its property and assets substantially as an entirety to any entity;
(f) institute proceedings to be adjudicated bankrupt or insolvent, or consent to
the institution or bankruptcy or insolvency proceedings against it, or file a petition seeking or
consenting to reorganization or relief under any applicable federal or state law relating to
bankruptcy, or consent to the appointment of a receiver, liquidator, assignee, trustee, sequestrator
(or other similar official) of the Company or a substantial part of assets of the Company, or make
any assignment for the benefit of creditors, or admit in writing its inability to pay its debts generally
as they become due, or take company action in furtherance of any such action or proceedings; or
(g)
Company.
amend the Articles of Organization or the Operating Agreement of the
4. Separateness Provisions. The Company shall:
(a) maintain books and records separate from any other Person or Entity;
(b) maintain its accounts separate from those of any other Person or Entity;
(c) maintain its assets separate from, and not commingle its assets or funds
with, any assets or funds of any other Person or Entity;
(d) conduct its own business in its own name;
(e) maintain separate financial statements from any other Person or Entity;
(f) pay its own liabilities out of its own funds;
4
(g) hold regular Managers and Member meetings as appropriate, to conduct
the business of the Company, and do all things necessary to preserve its existence and observe all
company formalities and other formalities required by this Operating Agreement and the Articles
of Organization of the Company; and cause to be done all things necessary to preserve its
existence as a limited liability company;
(h) pay the salaries of its own employees and maintain a sufficient number of
employees in light of its contemplated business operations;
(i) not guarantee or become obligated for, or pay, the debts of any other
Person, Entity or hold out its credit as being available to satisfy the obligations of others;
0)
any Affiliate;
Entity;
not acquire obligations or securities of any of its Members, Managers, or
(k) allocate fairly and reasonably any overhead for shared office space;
(1} use separate stationery, invoices and checks from any other Person or
(m) not pledge its assets for the benefit of any other entity; or make any loans
or advances to any other Person or Entity;
(n) hold itself out to creditors and the public as a legal entity separate and
distinct from any other Person or Entity;
(o) correct any known misunderstanding regarding its separate identity and
observe all organizational formalities;
(p)
maintain adequate capital in light of its contemplated business operations;
(q) maintain its assets in such a manner that it is not costly or difficult to
segregate, identify or ascertain such assets;
(r) be solvent and pay its debts from its assets as the same shall become due;
(s) not acquire by purchase or otherwise all or substantially all of the business
or assets of, or any stock or beneficial ownership of, any other Person or Entity;
(t) file its own tax returns;
(u) maintain an arms -length relationship with all Affiliates and not enter into
any contract or agreement with any, Member, Managers or Affiliate of the Company, or any
Affiliate of any Managers or Member, except upon terms and conditions that are intrinsically fair
and substantially similar to those that would be available on an arms -length basis with third
parties other than an Affiliate;
(v) not hold or acquire, directly or indirectly, any legal or equitable ownership
5
interest in any real or personal property other than the Real Property;
(w)
not become a shareholder, member, or partner in any Entity.
ARTICLE IV. NAMES AND ADDRESSES OF MEMBERS
The names and addresses of the two (2) Members are as follows:
NAME
Marvin A. Barstow
ADDRESS MEMBERSHIP INTEREST
1719 E. Mulberry Street 50%
Fort Collins, CO 80524
Michael J. McCrery 1719 E. Mulberry Street 50%
Fort Collins, CO 80524
ARTICLE V. RIGHTS AND DUTIES OF MANAGERS
1. Management. The business and affairs of the Company shall be managed by its
Managers. The Managers shall direct, manage, and control the business of the Company to the best
of such Managers ability. Except for situations in which the approval of the Members is expressly
required by this Operating Agreement or by nonwaivable provisions of applicable law, the Managers
shall have full and complete authority, power and discretion to manage and control the business.
affairs, and properties of the Company, to make all decisions regarding those matters and to perform
any and all other acts or activities customary or incident to the management of the Company's
business. At any time when there are two Managers, decisions shall be made by unanimous
agreement of the Managers; provided. however, that any one Manager may take any action agreed to
be taken by the Managers.
2. Certain Powers of Managers. Without limiting the generality of Article V, Section 1,
the Managers shall have power and authority, on behalf of the Company:
(a) To acquire property from any Person as the Managers may determine. The
fact that a Manager or a Member is directly or indirectly affiliated or connected with any such Person
shall not prohibit the Managers from dealing with that Person;
(b) To borrow money for the Company from banks, other lending institutions, the
Managers, Members, or affiliates of the Managers or Members on such terms as the Managers deem
appropriate, and in connection therewith, to hypothecate, encumber and grant security interests in the
assets of the Company to secure repayment of the borrowed sums. No debt or liability incurred by or
on behalf of the Company except by the Managers, or to the extent permitted under the Colorado Act,
by agents or employees of the Company expressly authorized to contract for such debt or incur such
liability by the Managers;
and business;
(c) To purchase liability and other insurance to protect the Company's property
6
the Company;
(d) To hold and own any Company real and/or personal properties in the name of
(e) To invest any Company funds temporarily (by way of example but not
limitation) in time deposits, short-term governmental obligations, commercial paper, or other
investments;
(f) To sell or otherwise dispose of all or substantially all of the assets of the
Company as part of a single transaction or plan so long as such disposition is not in violation of or a
cause of a default under any other agreement to which the Company may be bound;
(g) To execute, acknowledge and deliver on behalf of the Company any and all
documents necessary or required to acquire the Real Property;
(h) To employ accountants, legal counsel, managing agents, or other experts to
perform services for the Company and to compensate them from Company funds;
{i} To enter into any and all other agreements on behalf of the Company, with
any other Person for any purpose, in such forms as the Managers may approve; and
() To do and perform all other acts as may be necessary or appropriate to the
conduct of the Company's business.
3. Execution of Documents. Every contract, deed, mortgage, lease, agreement, and
other document or instrument executed by either Manager shall be conclusive evidence in favor of
every person relying thereon or claiming thereunder that at the time of the delivery thereof (1) the
Company was in existence; (2) neither this Agreement nor the Articles had been amended in any
manner so as to restrict the delegation of authority among Members or Managers; and (3) the
execution and delivery of such instrument was duly authorized by the Members and Managers to
the extent required by this Agreement. Any person may always rely on a certificate addressed to
such person and signed by any one Manager hereunder:
(a) As to who are the Members and/or Managers hereunder;
(b) As to the existence or nonexistence of any fact which constitutes a condition
precedent to acts by the Members or the Managers or in any other manner germane to the affairs
of the Company;
(c) As to who is authorized to execute and deliver any instrument or document
on behalf of the Company;
(d) As to the authenticity of any copy of the Articles, this Agreement.
amendments thereto, and any other document relating to the conduct of the affairs of the Company;
or
(e) As to any act or failure to act by the Company or as to any other matter
whatsoever involving the Company, any Manager, or any Member in the capacity as Member or
Manager of the Company.
7
4. Number, Tenure, and Qualifications. The Company shall initially have two (2)
Managers. The number of Managers of the Company shall be fixed from time to time by the
unanimous consent of Members, but in no instance shall there be less than one (1) Manager. A
Manager shall hold office until the next annual meeting of Members or until his successor shall have
been elected and qualified. Managers shall be elected by the unanimous consent of Members.
Managers need not be residents of the State of Colorado or Members of the Company. The initial
Managers of the Company are Marvin A. Barstow and Michael J. McCrery.
5. Liability for Certain Acts. The Managers shall perform their duties as Managers in
good faith, in a manner they reasonably believe to be in the best interests of the Company, and with
such care as an ordinarily prudent person in a like position would use under similar circumstances. A
Manager who so performs the duties of Managers shall not have any liability by reason of being or
having been a Manager of the Company. The Managers do not, in any way, guarantee the return of
the Members' Capital Contributions or a profit for the Members from the operations of the Company.
The Managers shall not be liable to the Company or to any Member for any loss or damage sustained
by the Company or any Member, unless the loss or damage shall have been the result of fraud, deceit,
gross negligence, willful misconduct, breach of this Agreement, or a wrongful taking by the
Managers.
6. Bank Accounts. The Managers may from time to time open bank accounts in the
name of the Company, and either Manager may be the sole signatory thereon.
7. Indemnity of the Managers. The Company shall indemnify the Managers and make
advances for expenses to the maximum extent permitted under Section 7-80-410 of the Colorado Act.
8. Resignation. Any Manager of the Company may resign at any time by giving written
notice to the Members of the Company. The resignation of a Manager shall take effect upon receipt
of notice thereof or at such later time as shall be specified in such notice; and, unless otherwise
specified therein, the acceptance of such resignation shall not be necessary to make it effective. The
resignation of a Manager who is also a Member shall not affect the Manager's rights as a Member
and shall not constitute a withdrawal of a Member.
9. Removal. A Manager may be removed at any time, with or without cause, by the
unanimous consent of Members. The removal of a Manager who is also a Member shall not affect
the Manager's rights as a Member and shall not constitute a withdrawal of a Member.
10. Vacancies. Any vacancy occurring for any reason in the number of Managers of the
Company shall be filled by the unanimous consent of Members. Any Managers' position to be filled
by reason of an increase in the number of Managers shall be filled by the unanimous consent of
Members. A Manager elected to fill a vacancy shall be elected for the unexpired term of their
predecessor in office and shall hold office until the expiration of such term and until their successor
shall be elected and shall qualify or until their earlier death, resignation or removal. A Manager
chosen to fill a position resulting from an increase in the number of Managers shall hold office until
the next annual meeting of Members and until their successor shall be elected and shall qualify, or
until their earlier death, resignation or removal.
8
11. Salaries. The salaries and other compensation of the Managers shall be fixed from
time to time by unanimous consent of Members, and no Managers shall be prevented from receiving
such salary by reason of the fact that he is also a Member of the Company.
ARTICLE VI. RIGHTS AND OBLIGATIONS OF MEMBERS
1. Limitation of Liability. Each Member's liability shall be limited as set forth in this
Operating Agreement, the Colorado Act, and other applicable law.
2. Company Debt Liability. A Member will not be personally liable for any debts or
losses of the Company.
3. Company Books. The Managers shall maintain and preserve, during the term of the
Company, and for five (5) years thereafter, all accounts, books, and other relevant Company
documents. Upon reasonable request, each Member and Economic Interest Owner shall have the
right, during normal business hours, to inspect and copy such Company documents at the requesting
Member's or Economic Interest Owner's expense.
4. Priority and Return of Capital. No Member or Economic Interest Owner shall have
priority over any other Member or Economic Interest Owner, either as to the return of Capital
Contributions or as to Net Profits, Net Losses, or distributions; provided that this section shall not
apply to loans (as distinguished from Capital Contributions) which a Member has made to the
Company.
5. Rights of the Members. The Members by unanimous consent shall have the right to:
(a) approve the purchase of any real property. By execution of counterpart copies
of this Agreement the Members unanimously approve the acquisition of the Real Property described
on Exhibit A;
(b) approve the borrowing of money by the Company in excess of Five Thousand
Dollars ($5,000) per transaction;
(c) approve the sale, exchange, or other disposition of all, or substantially all, of
the Company's interest in the Real Property or any additional real property subsequently acquired by
the Company as part of a single transaction.
ARTICLE VII. MEETINGS OF MEMBERS
1. Annual Meeting. The Company shall not be required to hold annual or other regular
meetings.
2. Manner of Acting. The unanimous consent of Members shall be the act of the
Members. Unless otherwise expressly provided herein or required under applicable law, Members
who have an interest (economic or otherwise) in the outcome of any particular matter upon which the
Members vote or consent may vote or consent upon any such matter and their Membership Interest,
9
vote, or consent; as the case may be, shall be counted in the determination of whether the requisite
matter was approved by the Members.
ARTICLE VIII.
CONTRIBUTIONS TO THE COMPANY
AND CAPITAL ACCOUNTS
I. Members' Capital Contributions. Each Member shall contribute $5,000.00 as such
Member's shares of the Initial Capital Contribution.
2. Additional Contributions. Members shall not be required to make additional Capital
Contributions.
3. Capital Accounts.
(a) A separate Capital Account will be maintained for each Member. Each
Member's Capital Account will be increased by (1) the amount of money contributed by such Member
to the Company; (2) the fair market value of property contributed by such Member to the Company
(net of liabilities secured by such contributed property that the Company is considered to assume or
take subject to under Section 752 of the Code); (3) allocations to such Member of Net Profits; and (4)
allocations to the account of such Member of Net Losses.
(b) In the event of a permitted sale or exchange of a Membership Interest or an
Economic Interest in the Company, the Capital Account of the transferor shall become the Capital
Account of the transferee to the extent it relates to the transferred Membership Interest or Economic
Interest.
(c) The manner in which Capital Accounts are to be maintained pursuant to this
Article VIII, Section 3, is intended to comply with the requirements of Section 704(b) of the Code
and the Treasury Regulations promulgated thereunder. If in the opinion of the Company's accountants
the manner in which Capital Accounts are to be maintained should be modified in order to comply
with Section 704(b) of the Code and the Treasury Regulations thereunder, then notwithstanding
anything to the contrary contained in this Article, the method in which Capital Accounts are
maintained shall be so modified; provided, however, that any change in the manner of maintaining
Capital Accounts shall not materially alter the economic agreement between or among the Members.
(d) Upon liquidation of the Company (or any Member's Membership Interest or
Economic Interest Owner's Economic Interest), liquidating distributions will be made in accordance
with the positive Capital Account balances of the Members and Economic Interest Owners, as
determined after taking into account all Capital Account adjustments for the Company's taxable year
during which the liquidation occurs. The Company may offset damages for breach of this Operating
Agreement by a Member or Economic Interest Owner whose interest is liquidated (either upon the
withdrawal of the Member or the liquidation of the Company) against the amount otherwise
distributable to such Member.
(e) No Member or Economic Interest Owner shall have any liability to restore all
or any portion of a deficit balance in such Member's or Economic Interest Owner's Capital Account.
10
4. Withdrawal or Reduction of Members' Contributions to Capital.
(a) A Member shall not receive out of the Company's property any part of such
Member's Capital Contribution until all liabilities of the Company, except liabilities to Members on
account of their Capital Contributions, have been paid or there remains Property of the Company
sufficient to pay them.
(b) A Member, irrespective of the nature of such Member's Capital Contribution,
has only the right to demand and receive cash in return for such Member's Capital Contribution.
ARTICLE IX. ALLOCATIONS, INCOME TAX, DISTRIBUTIONS,
ELECTIONS, AND REPORTS
1. Allocations of Profits and Losses from Operations. The Net Profits and Net Losses
of the Company for each fiscal year will be allocated equally between the Members.
2. Distributions. All distributions of Distributable Cash shall be made to the Members
equally. All amounts withheld pursuant to the Code or any provisions of state or local tax law with
respect to any payment or distribution to the Members from the Company shall be treated as
amounts distributed to the relevant Member or Members pursuant to this section.
3. Limitation on Distributions. No distribution shall be declared and paid unless, after
the distribution is made, the assets of the Company are in excess of all liabilities of the Company,
except liabilities to Members on account of their contributions.
4. Accounting Principles. The profits and losses of the Company shall be determined in
accordance with accounting principles applied on a consistent basis. It is intended that the Company
will elect those accounting methods which provide the Company with the greatest tax benefits.
5. Interest on Capital Contributions. No Member shall be entitled to interest on such
Member's Capital Contribution.
6. Loans to Company. Nothing in this Operating Agreement shall prevent any Member
from making secured or unsecured loans to the Company by agreement with the Company.
7. Accounting Period. The Company's accounting period shall be the calendar year.
8. Records, Audits, and Reports. At the expense of the Company, the Managers shall
maintain records and accounts of all operations and expenditures of the Company. At a minimum,
the Company shall keep at its principal place of business the following records:
(a) A current list of the full name and last known business, residence, or mailing
address of each Member, Economic Interest Owner, and Managers, both past and present;
(b) A copy of the Articles of Organization of the Company and all amendments
thereto, together with executed copies of any powers of attorney pursuant to which any amendment
has been executed;
11
(c) Copies of the Company's federal, state, and local income tax returns and
reports, if any, for the five (5) most recent years;
(d) Copies of the Company's currently effective written Operating Agreement,
copies of any writings permitted or required with respect to a Member's obligation to contribute cash,
property, or services, and copies of any financial statements of the Company for the three (3) most
recent years;
(e) Minutes of every annual meeting, special meeting, and court -ordered meeting;
(f) Any written consents obtained from Members for actions taken by Members
without a meeting.
9. Designation of Tax Representative. For purposes of this Section, unless otherwise
specified, all references to provisions of the Code shall be to such provisions as in effect following
the effective date of its amendment by Section 1101 of H.R. 1314, the "Bipartisan. Budget Act of
2015", and the Consolidated Appropriations Act, 2018, as such provisions may subsequently be
modified. Toby Clary or other qualified person appointed from time to time by the Managers shall
be the Company's designated representative within the meaning of Section 6223 of the Code (the
"Tax Representative") with authority (subject to the provisions of this Section) to act on behalf of the
Company for purposes of Subchapter C of Chapter 63 of the Code and any comparable provisions of
state or local income tax laws. If the Company is eligible to elect pursuant to Code Section 6221(b)
(or successor provision) to have Subchapter C of Chapter 63 of the Code not apply to any federal
income tax audits and other proceedings for any taxable year the Tax Representative may cause the
Company to make such election. If any Company adjustment (as defined in Code Section 6241(2)) is
determined with respect to the Company, the Tax Representative shall promptly notify the Members
upon the receipt of a notice of proposed Company adjustment, and shall take such actions as it may
reasonably determine to be in the best interests of the Company and the Members, including filing a
petition in the Tax Court, causing the Company to pay the amount of any such adjustment under Code
Section 6225, or making an election under Code Section 6226. If any such Company adjustment is
finally determined with respect to the Company and the Tax Representative has not caused the
Company to make the election under Code Section 6226, then (A) the Members (including former
Members) shall take such actions as may be reasonably requested by the Tax Representative,
including filing amended tax returns and paying any tax due in accordance with Code Section
6225(c)(2)(B) the Tax Representative shall use commercially reasonable efforts to make any
modifications available under Code Sections 6225(c)(3), (4) and (5), and (C) any imputed
underpayment (as determined in accordance with Code Section 6225) or Company adjustment that
does not result in an imputed underpayment shall be apportioned among the Members for the taxable
year in which the adjustment is finalized in such manner as may be necessary so that, to the maximum
extent possible, the tax and economic consequences of the Company adjustment and any associated
interest and penalties are borne by the Members based upon their Ownership Interests in the Company
(or the Ownership Interests in the Company of their predecessor Members) for the "reviewed year"
(as defined in Code Section 6225(d)).
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ARTICLE X. DISSOLUTION AND TERMINATION
1. Dissolution. The Company shall be dissolved upon the filing with the Colorado
Secretary of State of a statement of intent to dissolve by either Member.
2. Effect of Filing of Dissolving Statement. Upon the filing with the Colorado Secretary
of State of a statement of intent to dissolve, the Company shall cease to carry on its business, except
insofar as may be necessary for the winding up of its business, but its separate existence shall continue
until a certificate of dissolution has been issued by the Secretary of State or until a decree dissolving
the Company has been entered by a court of competent jurisdiction.
3. Winding Up, Liquidation, and Distribution of Assets.
(a) Upon dissolution, an accounting shall be made by the Company's independent
accountants of the accounts of the Company and of the Company's assets, liabilities, and operations,
from the date of the last previous accounting until the date of dissolution. The Managers shall
immediately proceed to wind up the affairs of the Company.
shall:
(b) If the Company is dissolved and its affairs are to be wound up, the Managers
(1) Sell or otherwise liquidate all of the Company's assets as promptly as
practicable (except to the extent the Managers may determine to distribute any assets to the Members
in kind);
(2) Allocate any Net Profit or Net Loss resulting from such sales to the
Members' and Economic Interest Owners' Capital Accounts in accordance with Article IX hereof;
(3) Discharge all liabilities of the Company, including liabilities to
Members and Economic Interest Owners who are also creditors, to the extent otherwise permitted by
law, other than liabilities to Members and Economic Interest Owners for distributions and the return
of capital, and establish such Reserves as may be reasonably necessary to provide for contingent
liabilities of the Company (for purposes of determining the Capital Accounts of the Members and
Economic Interest Owners, the amounts of such Reserves shall be deemed to be an expense of the
Company);
(4) Distribute the remaining assets equally to the Members.
(c) Notwithstanding anything to the contrary in this Operating Agreement, upon
a liquidation within the meaning of Section 1.704-1(b)(2)(ii)(g) of the Treasury Regulations, if any
Member has a Deficit Capital Account (after giving effect to all contributions, distributions,
allocations, and other Capital Account adjustments for all taxable years, including the year during
which such liquidation occurs), such Member shall have no obligation to make any Capital
Contribution, and the negative balance of such Member's Capital Account shall not be considered a
debt owed by such Member to the Company or to any other Person for any purpose whatsoever.
(d) Upon completion of the winding up, liquidation, and distribution of the assets,
the Company shall be deemed terminated.
13
{e) The Managers shall comply with any applicable requirements of applicable
law pertaining to the winding up of the affairs of the Company and the final distribution of its assets.
4. Articles of Dissolution. When all debts, liabilities, and obligations have been paid and
discharged or adequate provisions have been made therefor and all of the remaining property and
assets have been distributed to the Members, articles of dissolution shall be executed in duplicate and
verified by the person signing the articles, which articles shall set forth the information required by
the Colorado Act. Duplicate originals of such articles of dissolution shall be delivered to the Colorado
Secretary of State.
5. Certificate of Dissolution. Upon the issuance of the certificate of dissolution, the
existence of the Company shall cease, except for the purpose of suits, other proceedings and
appropriate action as provided in the Colorado Act. The Managers shall have authority to distribute
any Company property discovered after dissolution, convey real estate and take such other action as
may be necessary on behalf of an in the name of the Company.
6. Return of Contribution Nonrecourse to Other Members. Except as provided by law
or as expressly provided in this Operating Agreement, upon dissolution, each Member shall look
solely to the assets of the Company for the return of such Member's Capital Contribution. If the
Company property remaining after the payment or discharge of the debts and liabilities of the
Company is insufficient to return the cash contribution of one or more Members, such Member or
Members shall have no recourse against any other Member.
ARTICLE XI. OPPORTUNITY
Any of the Members, Managers, or their Affiliates may engage in or possess any interest
in other business ventures of any kind, independently or with others, including, but not limited to,
owning, financing, leasing, operating, managing, syndicating, brokering, or developing real estate.
The fact that a Member, Manager, or Affiliate may encounter opportunities to purchase, otherwise
acquire, lease, sell, or otherwise dispose of real estate and may take advantage of such
opportunities personally or introduce such opportunities to entities in which such Member,
Manager, or Affiliate has an interest shall not subject such Member, Manager, or Affiliate to
liability to the Company or any of the other Members, Managers, or Affiliates on account of the
lost opportunity. Neither the Company nor any Member, Manager, or Affiliate shall have the right
by virtue of this Agreement, or the relationship created hereby, in or to such ventures or
opportunities, or the income or profits derived therefrom, and the pursuit of ventures or
opportunities, even though competitive with the business of the Company, shall not be deemed
wrongful or improper. Any common law or statutory "corporate opportunity doctrine" or
"partnership opportunity doctrine" shall not apply to the Company or any of its Members,
Managers, or their Affiliates.
14
ARTICLE XII. MISCELLANEOUS PROVISIONS
1. Application of Colorado Law. This Operating Agreement, and the application of
interpretation hereof, shall be governed exclusively by its terms and by the laws of the State of
Colorado.
2. Waiver of Action for Partition. Each Member and Economic Interest Owner
irrevocably waives during the term of the Company any right that such Member may have to maintain
any action for partition with respect to the property of the Company.
3. Amendments. This Operating Agreement may not be amended except by the
unanimous written agreement of the Members.
4. Execution of Additional Instruments. Each Member hereby agrees to execute such
other and further statements of interest and holdings, designations, powers of attorney, and other
instruments necessary to comply with any laws, rules, or regulations. In the event the Company
decides to sell all or any portion of the Real Estate, the Real Estate to be sold shall be listed for sale
with F & M Real Estate, Company, a Colorado Corporation.
5. Construction. Whenever the singular number is used in this Operating Agreement
and when required by the context, the same shall include the plural and vice versa, and the masculine
gender shall include the feminine and neuter genders and vice versa.
6. Headings and Pronouns. The headings in this Operating Agreement are inserted for
convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent,
or intent of this Operating Agreement or any provision hereof. All pronouns and only variations
thereof shall be deemed to refer to masculine, feminine, neuter, singular, or plural as the identity of
the Person or Persons may require.
7. Waivers. The failure of any party to seek redress or violation of or to insist upon the
strict performance of any covenant or condition of this Operating Agreement shall not prevent a
subsequent act, which would have originally constituted a violation, from having the effect of an
original violation.
8. Rights and Remedies Cumulative. The rights and remedies provided by this
Operating Agreement are cumulative, and the use of any one right or remedy by any party shall not
preclude or waive the right to use any or all other remedies. Said rights and remedies are given in
addition to any other rights the parties may have by law, statute, ordinance, or otherwise.
9. Severability. If any provision of this Operating Agreement or the application thereof
to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder
of this Operating Agreement and the application thereof shall not be affected and shall be enforceable
to the fullest extent permitted by law.
10. Heirs and Assigns. The terms, covenants, provisions, and agreements herein
contained shall be binding upon and inure to the benefit of the parties hereto and, to the extent
permitted by this Operating Agreement, their respective heirs, legal representatives, and assigns. In
15
the event of the death of a Member, the heirs, personal representatives, and assigns of the deceased
Member shall become Economic Interest Owners.
11. Creditors. None of the provisions of this Operating Agreement shall be for the benefit
of or enforceable by any creditors of the Company.
12. Counterparts. This Operating Agreement may be executed in counterparts, each of
which shall be deemed an original but all of which shall constitute one and the same instrument.
The undersigned hereby agree, acknowledge, and certify that the foregoing Operating
Agreement constitutes the Operating Agreement of PAWNEE RANCH, LLC, adopted by the
Members of the Company as of the date the Articles of Organization were filed with the Colorado
Secretary of State.
MICHAEL J. McCRERY
16
EXHIBIT A
(Real Property)
ALL OF SECTION 33, TOWNSHIP 10 NORTH, RANGE 64 WEST OF THE 6TH
P.M., COUNTY OF WELD, STATE OF COLORADO AND THE W 1/2 OF THE NW
1/4, NE 1/4 OF THE NW 1/4, W 1/2 OF THE NE 1/4, OF SECTION 4,
TOWNSHIP 9 NORTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD,
STATE OF COLORADO AND SE 1/4 OF THE NW 1/4 OF SECTION 4,
TOWNSHIP 9 NORTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD,
STATE OF COLORADO.
17
4494709 06/05/2019 08:17 AM
Total Pages: 2 Rec Fee: $18.00
Carly Koppes - Clerk and Recorder, Weld County, CO
WHEN RECORDED PAWNEE RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY
RETURN TO: 1719 E. MULBERRY STREET
FORT COLLINS, CO 80524
STATEMENT OF AUTHORITY
(§38-30-t72, C-R,S.)
1. This Statement of Authority relates to an entity named
PAWNEE RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY
2. The type of entity is a:
❑ Corporation ❑ Registered Limited Liability Partnership
E Nonprofit Corporation ❑ Registered Limited Liability Limited Partnership
Limited Liability Company ❑ Limited Partnership Association
❑ General Partnership ❑ Government or Governmental Subdivision or Agency
ElLimited Partnership ❑ Trust
rig
land Tide
alM,.'rr
a The entity is formed under the laws of Colorado
4. The mailing address for the entity is 1719 E. MULBERRY STREET, FORT COLLINS, CO 80524
5. The ❑X name ❑X position of each person authorized to execute instruments conveying, encumbering or otherwise affecting title to
real property on behalf of the entity is MARVIN A. BARSTOW AND MICHAEL J. MCCRERY AS THE MANAGERS
6. The authority of the foregoing person(s) to bind the entity: ❑ is2 not limited 0 is limited as follows: BOTH MANAGERS MUST
SIGN OR PROVIDE CONSENT FOR ONE TO SIGN, UNANIMOUS CONSENT OF MEMBERS REQUIRED TO BORROWER OR
SELL.
7. Other matters concerning the manner in which the entity deals with interests in real property:
8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of §38-30-172, C.R.S.'
9. This Statement of Authority amends and supersedes in all respects any and all prior dated Statements of Authority executed on
behalf of the entity.
Executed this this day of June 4th, 2019
PAWNEE RA
LIABILITY
Br
COLORADO IMITED
ARSTOW AS MANAGER
By. 711,(4ij 7 h f
MICHA. MCCRERY AS
M
State of Colorado
County of LARIMER
)
)ss.
ANGELA M KINDER
Notary Public
State of Colorado
Notary ID # 20034017337
My Commission Expires 10-02-2022
The foregoing instrument was acknowledged before me on this dayiof ul)e 4th, 2019 b MARVIN A. BARSTOW AS MANAGER AND
MICHAEL J. MCCRERY AS MANAGER OF PAWNEE RANCH, LLC, A'COLORAlit 1N�TED LIABILITY COMPANY
.4
Witness my hand and official seal
My Commission expires: C_s / {' /. (,
Notary Putt
Form 884 closing/recordings/soa.html
25164391
(20967471)
III I Hill II I I I II 111111 I III III
4494709 06/05/2019 08:17 AM
Page 2 of 2
'This form Should not be used unless the entity :5 capable at holding title to real property.
*The absence of any Iirr taton Shall be prima fade evidence that no such :imitation exists.
*The statement of authority must be recorded to obtain the benefits of the statute.
Form 884 ciasingtrecordings/soa.htrnl 25164391 (20957471)
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant:
Pawnee Ranch, LLC
do Michael McCrery and
Marvin Barstow
RECX19-0093
Planner: Diana Aungst
Legal Description:
Being part of the W2NW4 / NE4NW4 / W2NE4 and the SE4NW4 of Section 4, T9N,
R64W of the 6th P.M., Weld County, CO
Parcel ID #:
0459-04-2-00-005 and 0459-04-0-00-002
Lot A Size:
+/- 13.3 acres
Lot B Size:
+/- 13.3 acres
Lot C Size:
+/- 13.3 acres
Lot D Size:
+/- 120 acres
Water Source:
Lot A: Proposed Well
Lot B: Proposed Well
Lot C: Proposed Well
Lot D: Proposed Well
Sewer System:
Lot A: Proposed Septic
Lot B: Proposed Septic
Lot C: Proposed Septic
Lot D: Proposed Septic
Criteria Checklist
Yes No
X 1. Conforms with Chapter 22 of the Weld County Code and
any adopted municipal plan.
X 2. Compatible with the existing surrounding land uses.
X 3. Consistent with the intent of the zone district.
X 4. Consistent with efficient and orderly development.
X 5. Complies with Recorded Exemption standards in Section
24-8-40 of the Weld County Code.
X 6. Provides for adequate protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County.
Approved with Conditions
The Weld County Department of Planning Services has determined through an administrative review that
the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is
approved with the following conditions in accordance with information submitted in the application and the
policies of Weld County.
1. A Weld County septic permit is required for any proposed home. The septic system shall be
installed according to the Weld County Onsite Wastewater Treatment System regulations.
2. The applicant has proposed a well as the source of adequate water for Lots A, B, C, and D.
Property owners are advised that the quantity of water available for usage may be limited to specific
uses, i.e., "Domestic Use Only," etc. Because each situation is unique, the Department of Planning
Services encourages property owners to contact the Office of the State Engineer, Division of Water
Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to
discuss each individual situation.
RECX19-0093
Page 1 of 6
3. Prior to recording the plat:
A. The applicant shall satisfy the concerns of Weld County School District RE -9, as stated in the
referral response dated July 31, 2019, per Section 24-8-40.K.1 of the Weld County Code.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services.
B. The applicant shall address the requirements of the Division of Water Resources, as stated in
the referral response dated July 24, 2019. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services.
C. Lots A, B & C shall comply with the two and one-half (2 1/2) acre net minimum lot size
required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not
include future road right-of-way.
D. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by
Section 24-8-10.B of the Weld County Code. Net acreage calculations should not include
future road right-of-way.
E. Lot D shall comply with the one -hundred twenty (120) acre minimum lot size required by
Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations should not include
future road right-of-way.
4. Items to be included on the plat:
A. The plat shall be titled: Recorded Exemption No. 0459-4-2 RECX19-0093
B. A 30 foot wide joint access and utility easement extending across Lot D from County Road 53,
for the benefit of Lots A, B, C, and D, shall be shown clearly on the plat. The joint easement
shall be dedicated for the use as shown using the language set forth in the Weld County Code,
Appendix 24-F.2. The easement shall be graded and drained to provide all weather access.
C. County Road 53 is a gravel road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-
way at full buildout. The applicant shall delineate and label on the plat the future and existing
right-of-way (along with the documents creating the existing right-of-way) and the physical
location of the road. If the existing right-of-way cannot be verified it shall be dedicated. The
applicant shall also delineate the physical location of the roadway. Pursuant to the definition of
setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback
is measured from the future right-of-way line. This road is maintained by Weld County.
D. County Road 110 is an unmaintained section line right-of-way. The applicant shall verify and
delineate on the map the unmaintained right-of-way from the lots to and including the
connection to County Road 53 and Country Road 55. Reference the documents creating the
right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is not
maintained by Weld County. Any unmaintained road needs to be located/identified in
relationship to the right-of-way. Show and label the section line Right -of -Way as "CR 110
Section Line Right-of-way, not County maintained."
E. Show and label the existing and proposed access point(s) and the usage types (Agriculture,
Residential, Commercial/Industrial, or Oil and Gas). Public Works will review access locations
as a part of the plat submittal.
F. Setback radii for existing oil and gas tank batteries and wellheads shall be indicated on the plat
per the setback requirements of 23-3-50.E of the Weld County Code.
G. All recorded easements and rights -of -way shall be delineated on the plat by book and page
number or reception number.
RECX19-0093
Page 2 of 6
5. The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located. Pursuant to the
definition of setback in the Weld County Code, the required setback is measured
from the future right-of-way line.
* No building or structure as defined and limited to those occupancies listed as Groups
A, B, E, F, H, I, M and R in Section 302.1 of the 2018 International Building Code,
shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot
radius of any wellhead or within a 25 -foot radius of any plugged or abandoned oil and
gas well. Any construction within a 200 -foot radius of any tank battery or 150 -foot
radius of any wellhead shall require a variance from the terms of this Chapter in
accordance with Subsection 23-6-10.C of this Code.
2) Lots A, B, and C are not eligible for a future land exemption in accordance with
Section 24-8-20.C.3 of the Weld County Code.
3) The largest lot of any recorded exemption may not be less than thirty-five (35) acres
net unless approved by the Weld County Board of Commissioners in accordance with
Section 24-8-40.P. of the Weld County Code.
4) The property owner or operator shall be responsible for controlling noxious weeds on
the site, pursuant to Chapter 15, Article I and II, of the Weld County Code.
5) The Access will be utilizing unmaintained County right-of-way. Maintenance of the
unmaintained County right-of-way will not be the responsibility of Weld County.
6) Weld County will not replace overlapping easements located within existing right-of-
way or pay to relocate existing utilities within the existing County right-of-way.
7) All access and utility easements are dedicated for the benefit of all owners of lots
depicted on this plat, including owners of future lots created therefrom, regardless of
lot configuration or number of users, and without limitation of the use or intensity of
the use of such easements. No lot owner may install a gate or otherwise impede the
use of such easements without the approval of all persons with rights of use of such
easements.
8) Access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite tracking.
9) Prior to the release of building permits, the applicant shall be required to submit a
complete access application for a "preliminarily approved" access location as shown
on this plat.
10) Any work that may occupy and or encroach upon any County rights -of -way or
easement shall acquire an approved Right -of -Way Use Permit prior to
commencement.
11) The historical flow patterns and runoff amounts will be maintained on the site.
12) Prior to the release of building permits, the applicant shall submit a recorded deed
describing the Lot upon which the building permit is requested with the building
permit applications. The legal description on such deed shall include the Lot
designation and Recorded Exemption number.
13) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lots A, B, C, and D have an adequate water
RECX19-0093
Page 3 of 6
supply of sufficient quality, quantity and dependability.
14) Potential purchasers should be aware that Lots A, B, and C may not be eligible for a
domestic well permit which allows for outside irrigation and/or the watering of stock
animals. The State Division of Water Resources issues all well permits.
15) Potential purchasers should be aware that groundwater may not meet all drinking
water standards as defined by the Colorado Department of Public Health and
Environment. The Weld County Department of Public Health and Environment
strongly encourages well users to test their drinking water prior to consumption and
periodically thereafter.
16) Potential purchasers should be aware that approval of this Recorded Exemption
does not guarantee that well permits will be issued for the lots. Any lot may be
deemed non -buildable if the lot owner is unable to obtain a well permit. The State
Division of Water Resources issues all well permits.
17) Building permits shall be obtained prior to the construction of any building. Buildings
that meet the definition of an Ag Exempt Building per the requirements of Section 29-
1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building
permits, however, a Certificate of Compliance must be filed with the Planning
Department and an electrical and/or plumbing permit is required for any electrical
service to the building or water for watering or washing of livestock or poultry.
18) Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County -Wide Road Impact Fee Program.
19) Building Permits issued on the proposed lots, will be required to adhere to the fee
structure of the County Facility Fee and Drainage Impact Fee Programs.
20) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has
some of the most abundant mineral resources, including, but not limited to, sand and
gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes,
minerals are vital resources because (a) the State's commercial mineral deposits are
essential to the State's economy; (b) the populous counties of the state face a critical
shortage of such deposits; and (c) such deposits should be extracted according to a
rational plan, calculated to avoid waste of such deposits and cause the least
practicable disruption of the ecology and quality of life of the citizens of the populous
counties of the state.
Mineral resource locations are widespread throughout the County and person moving
into these areas must recognize the various impacts associated with this
development. Often times, mineral resource sites are fixed to their geographical and
geophysical locations. Moreover, these resources are protected property rights and
mineral owners should be afforded the opportunity to extract the mineral resource.
21) WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most
productive agricultural counties in the United States, typically ranking in the top ten
counties in the country in total market value of agricultural products sold. The rural
areas of Weld County may be open and spacious, but they are intensively used for
agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town. Along with the drawbacks come the incentives which
attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife,
lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County
would quickly be gone forever.
RECX19-0093
Page 4 of 6
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area.
Well -run agricultural activities will generate off -site impacts, including noise from
tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal
pens, field work, harvest and gravel roads; odor from animal confinement, silage and
manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and
supplies to assist in their agricultural operations. A concentration of miscellaneous
agricultural materials often produces a visual disparity between rural and urban areas
of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation
alleged to be a nuisance employs methods or practices that are commonly or
reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the
way" of residential development. When moving to the County, property owners and
residents must realize they cannot take water from irrigation ditches, lakes, or other
structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles
in size (twice the size of the State of Delaware) with more than three thousand seven
hundred (3,700) miles of State and County roads outside of municipalities. The sheer
magnitude of the area to be served stretches available resources. Law enforcement
is based on responses to complaints more than on patrols of the County, and the
distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers
who must leave their jobs and families to respond to emergencies. County gravel
roads, no matter how often they are bladed, will not provide the same kind of surface
expected from a paved road. Snow removal priorities mean that roads from
subdivisions to arterials may not be cleared for several days after a major snowstorm.
Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban
setting. Farm equipment and oil field equipment, ponds and irrigation ditches,
electrical power for pumps and center pivot operations, high speed traffic, sand burs,
puncture vines, territorial farm dogs and livestock, and open burning present real
threats. Controlling children's activities is important, not only for their safety, but also
for the protection of the farmer's livelihood.
6. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld
County Code. The applicant shall submit an electronic copy (PDF) of the plat for preliminary
approval to the Department of Planning Services. Upon approval of the plat, the applicant shall
submit a Mylar plat along with all other documentation required as conditions of approval. The
Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of
Planning Services. The Mylar plat and additional requirements shall be recorded within sixty (60)
days from the date the administrative review was signed. The applicant shall be responsible for
paying the recording fee.
7. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required sixty (60) days from the date the Administrative Review was
signed a $50.00 recording continuance charge shall added for each additional 3 month period.
8. If the exemption plat has not been recorded within sixty (60) days from the date the administrative
RECX19-0093
Page 5 of 6
review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or
unable to meet any of the conditions within sixty (60) days of approval, the application will be
forwarded to the Board of County Commissioners with a staff recommendation for denial. The
Director of Planning Services may grant an extension of time, for good cause shown, upon a written
request by the applicant.
9. The applicant shall create and record deeds for all the newly created lots; deeds shall include the
legal description of each lot and the reception of the recorded exemption. New deeds are required
even if lots will remain under the same ownership. Failure to do so may create issues with the
proper assessment of the lots by the Weld County Assessor's Department and may create a
clouded chain of title.
By:
Planner
RECX19-0093
Page 6 of 6
Date: September 3, 2019
4751812 Pages: 1 of 1
00/01/2021 10:07 AEI R Fee:$13,00 D Fee:$0,00
Carly Koppss, Clark and Recorder, Wald County CO
!III KirlIgliale4ti 'hN"Ill
State Documentary Fee
Date:
$0.00
No Doc Fee Required
Quit Claim Deed
(Pursuant to C.R.S. 30-30-113(1)(d))
Grantor(s), PAWNEE RANCH, LLC, A COLORADO UMITED LIABILITY COMPANY, whose street address is 1719 E. MULBERRY
STREET, FORT COLLINS, CO 80524, City or Town of , County of LARIMER and State of COLORADO, 80524, for the consideration of ""
Ten Dollars and Other Good and Valuable Consideration "` dollars, in hand paid, hereby sell(s) and quitdaim(s) to PAWNEE RANCH,
LLC, A COLORADO LIMITED LABILITY COMPANY as Entity whose street address is 1719 E. MULBERRY STREET, FORT COLLINS, CO
80524. City or Town of , County of LARIMER and State of COLORADO, the following real property in the County of Weld and State of
Colorado, to wit:
LOT D, RECORDED EXEMPTION NO. 0459-4-2 RECX19-0093, RECORDED FEBRUARY 12, 2020 AT RECEPTION NO. 4566229, BEING
A PART OF THE NORTH HALF OF SECTION 4, TOWNSIIP 9 NORTH, RANGE 64 WEST OF THE 6TTi P.M., COUNTY OF WELD,
STATE OF COLORADO
also known by street and number as U/K, AULT, CO 80610
with all its appurtenances.
Signed this day of
PAWNEE RA H, LLC, A COLORADO UMITED LIABIUTY
COM�. , f
IN BARST! W, MANAG s,
CHAEL J. MCCRERY, MANA R
State of COLORADO
County of LARIMER
}
)ss
)
£
The foregoing instrument was aoknowiedged before me on this day of tLu by
MARVIN A. BARSTOW AND MICHAEL J. MCCRERY AS MANAGERS FO PAWNEE RANCH, LLC, A COLORADO LIMITED LIABILITY
COMPANY
otaryyPublic
My Commission expires
ca_epAck,c( 9 ,9O.W
JENNIFER A. RC;.EY
NOTARY PUEJC
STATE OF COLORADO
NOTARY ID 19944009483
MY COMMISSION SPIRES 11/09/3024
When recorded return to: PAWNEE RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY
1719 E. MULBERRY STREET, FORT COLLINS, CO 80524
Form 1092 closing/deeds/statutory/dcd_stalutory.html
25185634
(100150948)
rie!
III I IIIIII I III 1II III IIIII III
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