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Home My WebLink About20212820.tiffRESOLUTION RE: APPROVE PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION, RECX19-0094, 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, RECX19-0094, located on the following described real estate, to wit: Part of the NE1/4 of Section 33, Township 10 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, RECX19-0094, 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, RECX19-0094, 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. 4768937 Pages: 1 of 2 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO liii MCAT YUKIOh PLC()AITP), APPL ttmo/S)1 2021-2820 RECX19-0094 PARTIAL VACATION OF RECORDED EXEMPTION, RECX19-0094 - 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 ATTEST: daetAtA) uC. fi0; x Weld County Clerk to the Board BY: APP ounty Attorney Date of signature: • /14 4768957 Pages: 2 of 2 10/25/2021 10:08 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO 11111 WELD, •UNTY, COLORADO Steve oreno, Chair ike Freeman Lori Saine 2021-2820 RECX19-0094 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 0297-33-1 RECX19-0094 October 4, 2021 Pawnee Ranch LLC c/o Michael McCrery and Marvin Barstow Lot D of Recorded Exemption RECX19-0094, being a part of Section 33, T10N, R64W of the 6th P.M., Weld County, Colorado South of and adjacent to CR 112 and west of and adjacent to CR 55 +/- 141.86 acres PARCEL NUMBER: 0297-33-1-00-008 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 RECX19-0094, recorded January 3, 2020, reception #4555315 to vacate Lot D, being the largest lot. No easements were created by the plat of RECX19-0094 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 also owned by Pawnee Ranch, LLC and are not a part of this request. 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. 2021-2820 i o) 4 "PL 'Z D5 Page 1 of 1 July 16, 2021 Weld County Planning Department Attn: Diana Aungst 1555 N 17th Ave Greeley, CO 80631 Diana, l am writing to request the vacation of Lot D Recorded Exemption No. 0297-33-1 RECX19-0094 which is located in the Northeast Quarter of Section 33, Township 10 North, Range 64 West of the 6th P.M. The only improvement on the property is the domestic/livestock well with permit number 288749 which is located towards the southwest corner of the quarter section. The purpose of vacating Lot D is so that the acreage is not platted and can be divided into 35 acre parcels. No easements or rights -of -way utilized by Lots A, B or C will be affected as a result of this Lot D being vacated. The access points for Lots A, B & C of this Recorded Exemption will remain the same. Any parcels that are created on the land that is currently Lot D will have new access points. Please feel to free to reach out with any questions, Michael can be reached at 970-214- 7162. Sincerely, 1.7 Marvin Barstow Manager, Pawnee Ranch, LLC. Michael McCrery, Manager r Manager, Pawnee Ranch, LLC. N1/4 CORNER SEC. 33 T1ON R64W FOUND 3Y4" ALUMINUM CAP MONUMENT, PLS 38353 S re-) INIn � N co N w W 00 N N o in O o° z o O z C1/4 CORNER SEC. 33 T1ON R64W FOUND 3)/4" ALUMINUM CAP MONUMENT, PLS 38353 N O ACATISN 1, (BASIS OF BEARINGS) NORTH LINE NE1/4 SEC. 33 N88'14'32"5 2650.66'(P) -N 88°14'53" E 2650.58'(M) VACATED PARCEL ±141.85 ACRES (GROSS) ±139.17 ACRES (NET) LOT D VACATED ON BY RESOLUTION NO. OF THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY SOUTH LINE NE1/4 SEC. 33 T F RP17C4PRDED I1XEMPTI N . 12:'7-33-1 RKCXJ9- BENC LOCATED WITHIN THE NORTHEAST ONE-QUARTE TOWNSHIP 10 NORTH, RANGE 64 WEST OF THE 6TH P COUNTY OF WELD, STATE OF COLO COUNTY ROAD 112 (6O' RIGHT OF -WAY PER REC. NO. 354261) UNDERGROUND PIPELINE BASED ON OBSERVED MARKER POSTS NO EASEMENT/RIGHT-OF-WAY LISTED IN PROVIDED TITLE COMMITMENT S O O a o aO N89 54'53"W 726, 00'(P) N 89'54'48" W 726.00'(M) 30' cc N CO NE CORNER SEC. 33 T1ON R64W ``FOUND 2" ALUMINUM CAP MONUMENT, STAMPING ILLEGIBLE 60' 2 O O O 696.00 LOT C, RECX19-0094 (NOT A PART OF THIS SURVEY) S89°54'48"E 182.00'(M) S89 54'53"E 182.00'(P) 2 o Qo oo o co N ice= O (V o �1 OO Li)o a7 S 89°54'48" E 544.00'(M) 514.00' N N O N N N N N o LOT B, RECX19-O094 0 o (NOT A PART OF THIS SURVEY) o 0 0 o a - N S 89'54'48" E 544.00'(M) 514.00' N LOT A, RECX19-0094 ao (NOT A PART OF THIS SURVEY) 514.00' N a 0 a O N S 89°54'48" E 544.00'N) S89'54'50'E 544.00'(P) () � p oO o O 00 N S 88°20'33" W 2650.65'(M) .93820'34"W 2660.70'(P) 30' S N N co \N N N N Li) N O O N N cc cc N H N 0 N O W CC. Q Li) z ro Q", LI O0 �EL =O �z 0 cc E1/4 CORNER SEC. 33 T1ON R64W FOUND 3Y4" ALUMINUM CAP MONUMENT, PLS 38353 OF SECTION 33, RNCPAL MERDAN, /6\90. PROPERTY OWNER'S CERTIFICATE: I(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 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 DAY 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 94 LEGEND: DENOTES ALIQUOT CORNER AS DESCRIBED HEREON © DENOTES FOUND 1/2" REBAR WITH PLASTIC CAP, PLS 38353 (M) DENOTES MEASURED BEARING/DISTANCE BY THIS SURVEY (P) DENOTES BEARING/DISTANCE TAKEN FROM PLAT OF RECORDED EXEMPTION NO. 0297-33-1 RECX19-0094 GRAPHIC SCALE 200 0 100 200 400 800 ( IN FEET ) 1 inch = 200 ft. VACA TED PARCEL DESCRIPTION: (FORMALLY KNOWN AS LOT D, RECX19-0094) A parcel situated in the NEY4 of Section 33, Township 10 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: Considering the North line of the NEY4 of said Section 33 as bearing N88°14'53' E, a bearing on the Colorado State Plane Coordinate System, Colorado North Zone, NAD1983/2011 with all bearings contained herein, relative thereto: Commencing at the Northeast corner of Said Section 33, thence S00°05'12"W 1063.10 feet along the East line of the NEY4 of said Section 33 to the Northeast corner of Lot C, RECX19-0094; Thence N89'54'48"W 726.00 feet to the Northwest corner of said Lot C; Thence S00°05' 12"W 600.00 feet to the Southwest corner of said Lot C; Thence 589'54'48"E 182.00 feet along a portion of the South line of said Lot C to the Northwest corner of Lot B, RECX19-0094; Thence SOO°05'12"W 800.00 feet to the Southwest corner of Lot A, RECX19-0094; Thence 589'54'48"E 544.00 feet to the Southeast corner of said Lot A on the East line of Said NEY4; Thence SOO°05'12"W 200.00 feet along the East line of said NE4 to the E4 Corner of said Section 33; Thence 588°20'33"W 2650.65 feet along the South line of said NEY4 to the CA of said Section 33; Thence NOO°O5'28"E 2658.73 feet along the West line of said NEY4 to the NY4 of said Section 33; Thence N88°14'53"E 2650.58 feet along the North line of said NEY to the POINT OF BEGINNING. Parcel contains 141.85 Acres (Gross) by this survey. 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 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) FIDELITY NATIONAL TITLE COMPANY'S TITLE COMMITMENT NO. 515-F04971 1 8-1 71 -MSKM DATED NOVEMBER 18, 2014 AT 6:00 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. BASIS OF BEARINGS: BEARINGS FOR THIS SURVEY ARE BASED ON THE NORTH LINE OF THE NORTHEAST ONE -QUARTER (NEY4) OF SECTION 33, TOWNSHIP 10 NORTH, RANGE 64 WEST OF THE 6TH P.M., BETWEEN TWO FOUND SURVEY MONUMENTS AS SHOWN AND DESCRIBED HEREON. SAID LINE BEARS N88"14'53"E, BEING A GRID BEARING ON THE COLORADO STATE PLANE COORDINATE SYSTEM, COLORADO NORTH ZONE, NAD83/2011. DATE: AUGUST 11, 2021 BK: 101 CHK: RME co 0 in - co z O SCALE: 1 "=200' DWG: RME Q J it PAWNEE RANCH LLC CO cc J O VACATION OF LOT D, RECX 19-0094 COLORADO. ZL.� O O �w _a zo O J icn U � o1 - O w z w z 0 w w O eE PROJECT NO.: 21-0379 SHEET 1 OF 1 4555315 Pages: 1 of 2 01/03/2020 08:58 AM R Fee:$23.00 Car1Y Koppes, Clerk and Recorder, Weld County, CO 11111 RECORDED EXEMPTION NO. 0297-33-1 RECXI9-0094 VICINITY MAP SEC 33, T10N, R64W WCR 112 SITE 1 INCH = 2000 FEET n 01 THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 10 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 23-6-10.C OF THIS CODE. 2. ANY FUTURE STRUCTURES OR USES ON SITE MUST OBTAIN THE APPROPRIATE ZONING AND BUILDING PERMITS. 3. LOT A, LOT B AND LOT C ARE NOT ELIGIBLE FOR A FUTURE LAND EXEMPTION IN ACCORDANCE WITH SECTION 24-8-2O.C.1 OF THE WELD COUNTY CODE. 4. THE LARGEST LOT OF ANY RECORDED EXEMPTION MAY NOT BE LESS THAN THIRTY-FIVE (35) ACRES NET UNLESS APPROVED BY THE WELD COUNTY BOARD OF COMMISSIONERS IN ACCORDANCE WITH SECTION 24-8-40.P. OF THE WELD COUNTY CODE. 5. THE PROPERTY OWNER OR OPERATOR SHALL BE RESPONSIBLE FOR CONTROLLING NOXIOUS WEEDS ON THE SITE, PURSUANT TO CHAPTER 15, ARTICLE I AND II, OF THE WELD COUNTY CODE. 6. WELD COUNTY WILL NOT REPLACE OVERLAPPING EASEMENTS LOCATED WITHIN EXISTING RIGHT-OF-WAY OR PAY TO RELOCATE EXISTING UTILITIES WITHIN THE EXISTING COUNTY RIGHT-OF-WAY. 7. ACCESS ON THE SITE SHALL BE MAINTAINED TO MITIGATE ANY IMPACTS TO THE PUBLIC ROAD INCLUDING DAMAGES AND/OR OFFSITE TRACKING. 8. PRIOR TO RELEASE OF BUILDING PERMITS, THE APPLICANT SHALL BE REQUIRED TO SUBMIT A COMPLETE ACCESS APPLICATION FOR A "PRELIMINARILY APPROVED" ACCESS LOCATION AS SHOWN ON THIS PLAT. 9. ANY WORK THAT MAY OCCUPY AND OR ENCROACH UPON ANY COUNTY RIGHTS -OF -WAY OR EASEMENT SHALL ACQUIRE AN APPROVED RIGHT-OF-WAY USE PERMIT PRIOR TO COMMENCEMENT. 10. THE HISTORICAL FLOW PATTERNS AND RUNOFF AMOUNTS WILL BE MAINTAINED ON THE SITE. 11. ALL ACCESS AND UTILITY EASEMENTS ARE DEDICATED FOR THE BENEFIT OF ALL OWNERS OF LOTS DEPICTED ON THIS PLAT, INCLUDING OWNERS OF FUTURE LOTS CREATED THEREFROM, REGARDLESS OF LOT CONFIGURATION OR NUMBER OF USERS, AND WITHOUT LIMITATION OF THE USE OR INTENSITY OF THE USE OF SUCH EASEMENTS. NO LOT OWNER MAY INSTALL A GATE OR OTHERWISE IMPEDE THE USE OF SUCH EASEMENTS WITHOUT THE APPROVAL OF ALL PERSONS WITH RIGHTS OF USE OF SUCH EASEMENTS. 12. PRIOR TO THE RELEASE OF BUILDING PERMITS, THE APPLICANT SHALL SUBMIT A RECORDED DEED DESCRIBING THE LOT UPON WHICH THE BUILDING PERMIT IS REQUESTED WITH 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 LOT A, B, OR C, HAVE AN ADEQUATE WATER SUPPLY OF SUFFICIENT QUALITY, QUANTITY AND DEPENDABILITY. 14. 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. 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 FACILITY FEE, COUNTY -WIDE ROAD IMPACT FEE, AND DRAINAGE IMPACT FEE PROGRAMS. 19. 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: 20. 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. BECTON 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. LEGAL DESCRIPTION THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 10 NORTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. THE PARCEL OF LAND DESCRIBED ABOVE CONTAINS 161.85 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 PVIDE AREAS FOR THE CONDUCT OF OTHER USES BY RIGHT, ACCESSOI JSE ' US S BY SPECIAL REVIEW. PAWNEI RANCH, BY: MARVIN A. BARSTOW, MANAGER STATE OF COLORADO) ) SS. COUNTY OF Aglip THE riGIC4isilNvigiERTIFICATION W+,ACKNOWLED B ORE ME THIS 7?DAY OFA.D. 2019, BY /Wilalag" fITol./ MY COMMISSION EXPIRES: it tbaithelitAlti 262i NOTARY PUBLIC WITNESS MY HAND AND SEAL: BY: MICHAEL J. MCCRERY, MANAGE LOGAN E. LAY NOTARY PUBLIC STATE OF COLORADO NOTARY ID 120134002965 MY COMMISSION EXPIRES JAN. 18, 2021 STATE OF COLORADO) ) SS. COUNTY OF vosh9• rAfigiR TH OREGOING CERTIFICATION W,j_CNOEFARE ME THIS DAY OF , A.D. 2019, BY T/f ,ee MY COMMISSION EXPIRES: gocX4Affifry NOTARY PUBLIC WITNESS MY HAND AND SEAL: EASEMENT CERTIFICATE: LOGAN E. LAY NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20134002996 MY COMMISSION EXPIRES JAN. 18, 2021 I(WE), THE UNDERSIGNED, DO HEREBY DEDICATE, FOR THE BENEFIT OF LOTS A, B, C AND D OF RECX19-0094, EASEMENTS FOR THE PURPOSES SHOWN OR DESCRIBED HEREON. DINE C ,LLenwomals BY: MAR N A. BARSTOW, MANAGER PAWN RAN , LLC 141 BY: MICHAEL J. MCCRERY DEPARTMENT OF PLANNING SERVICES ACCEPTANCE: THI PLAT IS ACCEPTED AND APPROVED BY THE DEPARTMENT OF PLANNING SERVICES FOR FILING. DE NNING SERVICES DIRECTOR STATE OF COL r' O) SS. COUNTY OF WELD ) THE FF REGOING CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS a DAY OF , A.D. 200. MY COMMISSION EXPIRES: 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 WARRAY, EITHER EXPRESS OR IMPLIED. ROBERT D. H MAS COLORADO PROFESSIONAL LAND SURVEYOR #38353 FOR AND ON BEHALF OF THOMAS LAND SURVEYING, LLC / /7g/--‘19 DATE '1 1,0, axacep,r 01.1,1'''° 247"::(1) gy 0 L/ r „'1';.�), :srl-1-' 38353 }�r <' \,,L°k %}1'"l(IPA ! . LAND c'}�y�l 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: 1909.028 DRAWING: MCCRERY RECX19-0094 4555315 Pages: 2 of 2 01/03/2020 08:56 AM R Fee:$23.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII FMMI MIEN:, kIMPIANIA416k 1I III RECORDED EXEMPTION NO. 0297-33-1 RECXI9-0094 NORTHWEST CORNER SECTION 33, TOWNSHIP 10 NORTH, RANGE 64 WEST OF THE 6TH P.M., FOUND #6 REBAR WITH 2 1/2" ALUMINUM CAP, STAMPED AS INDICATED, 0.7' BELOW GRAVEL ROAD LEGEND ALIQUOT CORNER (AS DESCRIBED) • SET 24" #4 REBAR WITH 1" YELLOW PLASTIC CAP, STAMPED THOMAS PLS 38353 SUBJECT BOUNDARY RIGHT-OF-WAY ALIQUOT LINE COUNTY ROAD (AS TRAVELED) WEST QUARTER CORNER SECTION 33, TOWNSHIP 10 NORTH, RANGE 64 WEST OF THE 6TH P.M., SET 30" #6 REBAR WITH 3 1/4" ALUMINUM CAP, STAMPED AS INDICATED, 0.5' BELOW GRAVEL ROAD SOUTHWEST CORNER SECTION 33, TOWNSHIP 10 NORTH, RANGE 64 WEST OF THE 6TH P.M., FOUND #6 REBAR WITH 21/2" ALUMINUM CAP, STAMPED AS INDICATED, 0.5' BELOW GRAVEL ROAD PREPARED BY: THOMAS LAND SURVEYING, LLC, 2619 WEST 11TH STREET RD. SUITE 24 GREELEY, COLORADO, 80634 TELEPHONE: (970) 304-0984 C>' 41 N N 00°05130" E 2650.66' THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 10 NORTH, RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO av (BASIS OF BEARING) N 88°14'32" E 5301.32' NORTH QUARTER CORNER SECTION 33, TOWNSHIP 10 NORTH, RANGE 64 WEST OF THE 6TH P.M. SET 30"#6 REBAR WITH 3 1/4" ALUMINUM CAP, STAMPED AS INDICATED, 0.5' BELOW GRAVEL ROAD w SET POINT ON LINE 10N R64W 01/4 + S33 2019 PLS 38353 N 88°20'34" E CENTER QUARTER CORNER SECTION 33, TOWNSHIP 10 NORTH, RANGE 64 WEST OF THE 6TH P.M., SET 30" #6 REBAR WITH 3 1/4" ALUMINUM CAP, STAMPED AS INDICATED, FLUSH WITH GROUND c? v CD M CN CO Cv U) (60' RIGHT-OF-WAY REC. NO. 354261 05/21/1921) WELD COUNTY ROAD 112 LOT D GROSS 141.86 ACRES NET 139.18 ACRES, MORE OR LESS SET POINT ON LINE 5301.33' 1310.34' 2650.70' un U, Q n SOUTH QUARTER CORNER SECTION 33, TOWNSHIP 10 NORTH, RANGE 64 WEST OF THE 6TH P.M., FOUND #6 REBAR WITH 3 1/4" ALUMINUM CAP, STAMPED AS INDICATED, 0.3' ABOVE GROUND BASIS OF BEARING f t 0 C] C5 w CD C7 P C7 a z NORTHEAST CORNER SECTION 33, TOWNSHIP 10 NORTH, RANGE 64 WEST OF THE 6TH P.M., FOUND #6 REBAR WITH 2 1/2" ALUMINUM CAP, STAMPED AS INDICATED, 0.7' BELOW GRAVEL ROAD 30' 30'X100' SHARED ACCESS EASEMENT, FOR BENEFIT OF LOTS C & D RECX19-0094, BEING 15' EACH SIDE OF PROPERTY LINE S 89°54'53" E 726.00' S 89°54'53" E 696.00' -100 00' I ry AG/RES. / / 30.00' ACCESS LOT C GROSS 10.00 ACRES NET 9.59 ACRES, MORE OR LESS N 89°54'53" W 726.00' 696.00' 30.00' 182.00' 1310.34' O O O 514.00' 544.00' LOT B GROSS 5.00 ACRES NET 4.72 ACRES, MORE OR LESS S 89°54'53" E 544.00' - 00.00' 514.00' 30'X100' SHARED ACCESS / 30.0 EASEMENT, FOR BENEFIT OF LOTS A & B RECX19-0094, BEING 15' EACH SIDE OF PROPERTY LINE LOT A GROSS 5.00 ACRES NET 4.72 ACRES, MORE OR LESS 514.00' 30.00' N 89°54'53" W 544.00' THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 10 NORTH, RANGE 64 WEST OF THE 6TH P.M., IS ASSUMED TO BEAR NORTH 88°14'32" WEST, AND IS MONUMENTED AS INDICATED. AG. 30.01' ACCESS EAST QUARTER CORNER SECTION 33, TOWNSHIP 10 NORTH, RANGE 64 WEST OF THE 6TH P.M., SET 30"#6 REBAR WITH 31/4" ALUMINUM CAP, STAMPED AS INDICATED, 0.5' BELOW GRAVEL ROAD SOUTHEAST CORNER SECTION 33, TOWNSHIP 10 NORTH RANGE 64 WEST OF THE 6TH P.M., FOUND #6 REBAR WITH 3 1/4" ALUMINUM CAP, STAMPED AS INDICATED, 0.5' BELOW GRAVEL ROAD 1C 1a; ,.9 47 ri CD CD 60' -�--- 30' z 0 G7 T1 0 T C7> T{ O (/) - F10 r - 03c 5 - ‹ rrIO C cn 0 z RES. ACCESS 10N R64W 114 S331S34 2019 LS 38353 10N R64W 5334 SON3 011 37 111"•717 200 0 200 400 1 INCH= 200 FEET PAGE 2 OF 2 PROJECT: 1909.028 DRAWING: MCCRERY RECX19-0094 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, RECX19-0094, for Removal of Lot D LEGAL DESCRIPTION: Lot D of Recorded Exemption, RECX19-0094; being part of Section 33, Township 10 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado LOCATION: South of and adjacent to County Road 112; west of and adjacent to County Road 55 (See Legal Description for precise location) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: September 24, 2021 PROPERTY OWNERS PARTIAL VACATION OF RECX19-0094 Company PAWNEE RANCH LLC CMH HOMES INC Address 1 1719 E MULBERRY ST 5000 CLAYTON RD City FORT COLLINS MARYVILLE State Postal Code CO 80524-3523 TN 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 RECX19-0094, in the United States Mail, postage prepaid First Class Mail as listed above. Dated the 24th day of September, 2021. i1( • (.tJat ol a_ Janet M. Warwick Deputy Clerk to the Board C rn Enn LiELI D Lin ri N C3 r'-1 Ui m Ui N lid C I C3 ll rig o N U.S. Postal Service" eft Rs14FIED MAIL® RECEIPT Domestic Mail Only tit r delivery inform%n, viS712, our website at www.useigiroma gem cccc N,:i Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) Return Receipt (hardcopy) $ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery ❑ Adult Signature Required ® Adult Signature Restricted Delivery $ Postage Total Postage and Fees Sent Tc Street City, S CMH HOMES INC 5000 CLAYTON RD MARYVILLE, TN 37804-5550 PS Form 3800, •April 2015 PSN 7530-02-000-9047 See Reverse for -Instructions rite at www.usps.com®. 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. Staff PAWNEE RANCH LLC d/o MICHAEL MCCRERY MARVIN BARSTOW 1719 E MULBERRY ST FORT COLLINS, CO 805 ostmark Here Ins <o 1. IN Complete items 1, 2, and 3. it Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. 1,1 1. Article Addressed to: PAWNEE RANCH LLC do MICHAEL MCCRERY AND MARVI N BARSTOW 1719 E MULBERRY ST FORT COLLINS, CO 80524-3523 i i IIIIIIIIIII MI IUD i 1 9590 9402 4445 8248 1200 73 i A. Signature YY X Civit7A7 7 ( DAgent O Addressee C. Dote of Delivery fie • -2-16/2/( D. Is delivery address different from item 1? O Yes ' If YES, enter delivery address below: O No 2. Article Number (Transfer from service label) ?DU 1450 0000 9675 3351 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery ❑ Certified Mail® LI Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery >ured Mail >ured Mail Restricted Delivery ,per $500) ❑ Priority Mail Express® Registered MailTM ❑ 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. 0297-33-1 RECX19-0094 s 33 T10N R64W ®Complete Vacation (must include all Iots)Partial Vacation of the largest lot (must be over 35 acres) List of lots to be vacated: Lot Parcel Number 029733100008 Acreage Affected Easements 141.86 PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: Pawnee Ranch, LLC. Company: Phone #: 970-214-7612 Street Address: 1719 E. Mulberry Street City/State/Zip Code: Fort Collins, CO 80524 Email: michaelmccrery@colorado-land.com APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.) Name: Pawnee Ranch, LLC. Company: Phone #: 970-214-7612 Street Address: 1719 E. Mulberry Street City/State/Zip Code: Fort Collins, CO 80524 Small: michaelmccrery@colorado-land.com I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application. If the fee owner is a corporation, evidence must be included indicating the signatory has the legal authority to sign for the corporation. I (We) have read and agree to comply with the regulations for complete or partial vacation of recorded exemption or subdivision exemption. wner or Authorized Agent Marvin A. Barstow, Manager Print: Owner or Authorized Agent Date /s, Signature: bkner or -Authorized Agent Michael J. McCrery, Manager Date 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. 3 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)). 12 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 c/o Marvin A. Barstow RECX19-0094 Planner: Michael Hall Legal Description: NE4 of Section 33, T10N, R64W of the 6th P.M., Weld County, CO Parcel ID #: 0297-33-0-00-002 Lot A Size: +/- 5 acres Lot B Size: +/- 5 acres Lot C Size: +/- 10 acres Lot D Size: +/- 140 acres Water Source: Lot A: Proposed Well Lot B: Proposed Well Lot C: Proposed Well Lot D: Well # 288749 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. If residences or structures requiring water and sewer are constructed or used for proposed Lots A, B, C and D, Weld County OWTS Permits are required for septic systems and shall be installed according to the Weld County On -site 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. RECX19-0094 Page 1 of 6 3. Prior to recording the plat: A. The applicant shall address the concerns of the Public Works Referral dated August 5, 2019 relating to the proposed Lot A, B, C, and D access locations. B. The applicant shall satisfy the concerns of Weld County School District RE -9, as stated in the referral response dated July 15, 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. C. Lots A, B and C shall comply with the two and one-half (2 1/2) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include future road right-of-way. 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. 0297-33-1 RECX19-0094 B. A 30 foot wide joint access and utility easement extending across Lots A, B, C and D from County Road 55, 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. Show and label the existing and proposed access points and the usage types (Agriculture, Residential, Commercial/Industrial, and/or Oil and Gas). Public Works will review access locations as a part of the plat submittal. D. County Road 55 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. E. County Road 112 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. RECX19-0094 Page 2 of 6 F. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-50.E of the Weld County Code. G. All recorded easements and rights -of -way shall be delineated on the plat by book and page number or reception number. 5. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. * No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2018 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead or within a 25 -foot radius of any plugged or abandoned oil and gas well. Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10.C of this Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with Section 24-8-20.C.3 of the Weld County Code. 4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres net unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40.P. of the Weld County Code. 5) The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. 6) Weld County will not replace overlapping easements located within existing right-of- way or pay to relocate existing utilities within the existing County right-of-way. 7) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. 8) Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat. 9) Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. 10) The historical flow patterns and runoff amounts will be maintained on the site. 11) All access and utility easements are dedicated for the benefit of all owners of lots depicted on this plat, including owners of future lots created therefrom, regardless of lot configuration or number of users, and without limitation of the use or intensity of the use of such easements. No lot owner may install a gate or otherwise impede the use of such easements without the approval of all persons with rights of use of such easements. RECX19-0094 Page 3 of 6 12) All structures requiring building permits shall be located within an area that has been released from the CRP program. Evidence shall be submitted indicating land has been released from the CRP program prior to the release of building permits. 13) 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. 14) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lots A, B and C have an adequate water supply of sufficient quality, quantity and dependability. 15) 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. 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 Facility Fee, County -Wide Road Impact 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 RECX19-0094 Page 4 of 6 areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of State and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 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 RECX19-0094 Page 5 of 6 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 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. L By: Date: 08/20/2019 Michael Hall, Planner II RECX19-0094 Page 6 of 6 4751811 Pages: 1 of 1 09/01/2021 10:07 AM R Fer:$13.00 D Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CD My Commission expires •III FAT L314I State Documentary Fee Dale: $0.00 No Doc Fee Required Quit Claim Deed (Pursuant to C. R.5. 38-30-113 (1 )(d) i Grantor(s), PAWNEE RANCH, LLC, A COLORADO LIMITED 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 LIABILITY 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. 0297-33-1 RECX19.0094, RECORDED JANUARY 3, 2020 AT RECEPTION NO. 4555315, BEING A PART OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 10 NORTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. also known by street and number as U1K, AULT, CO 80610 with all its appurtenances. Signed this day of PAWNEE RAN LLC, A ORADO LIMITED UABIUTY COMPANY -- �� 1 MARVIN . BARST0W, MANAG RR N GE MICHAEL J. MCCRE State of COLORADO County of LARIMER T/(CIrju1/ 1t RY, M R } )ss } The foregoing instrument was acknowledged before me an this day of �- _ �iv., by MARVIN A. BARSTOW AND MICHAEL J. MCCRERY AS MANAGERS FOR�PAWNEE RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY JENNIFER A. ROLEY NOTARY PUDIC STATE OF COLORADO NOTARY ID 19944009483 MY COMMISSION ExPinesiimam024 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/qcd stalutory.html 25185834 (100150948) III 1fill 1II1III II111111III Hello