HomeMy WebLinkAbout20183367.tiffLand Title Guarantee Company
Customer Distribution
PREVENT FRAUD - Please remember to call a member of our closing team when
initiating a wire transfer or providing wiring instructions.
Order Number: FC25155790-1
Property Address:
TBD COUNTY ROAD 27, BRIGHTON, CO 80603
Date: 02/28/2018
PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS
For Closing Assistance
Brenda Peters
195 SOUTH TELLURIDE ST #10
BRIGHTON, CO 80601
(303) 655-9973 (Work)
(303) 393-4728 (Work Fax)
peters@itac.com
Contact License: CO473355
Company License: CO44565
Closer's Assistant
Veronica Armijo
195 SOUTH TELLURIDE ST #10
BRIGHTON, CO 80601
(303) 655-9973 (Work)
(303) 393-4900 (Work Fax)
varmljo(ltac.com
Company License: CO44565
For Title Assistance
Larimer/Weid County Title Team
772 WHALERS WAY #100
FORT COLLINS, CO 80525
(970) 282-3649 (Work)
(970) 282-3652 (Work Fax)
cuplon r_e_xplgaltmcQui
Buyer/Borrower
NGL WATER SOLUTIONS DJ, LLC
Attention: DOUGLAS WHITE
doug.white@ngiep.com
Delivered via: Delivered by Realtor
Seller/Owner
SASAKI FAMILY HOLDINGS, LLC, SUSAN REEVES,
MARTIN W. WILLIAMS AND THE TOM SASAKI FAMILY
TRUST
Attention: JANE SASAKI AND SUSAN K REEVES AND
MARTIN W WILLIAMS AND IDA SASAKI
janesasaki@msn.com
Delivered via: Delivered by Realtor
Agent for Buyer
LIBERTY BELLE PROPERTIES LLC
Attention: PAULA STUEVE
13576 WCR6
FORT LUPTON, CO 80621
(303) 489-0708 (Work)
(303) 489-0708 (Home)
(303) 654-0896 (Work Fax)
libertybelle.paula@gmail.com
Delivered via: Electronic Mail
Agent for Seller
RE/MAX TRADITIONS
Attention: KEITH KANEMOTO
2204 18TH AVE
LONGMONT, CO 80501
(303) 772-3800 (Work)
(303) 772-3378 (Work Fax)
keith@kanemoto.com
Delivered via: Electronic Mall
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Land
Land Title Guarantee Company
Estimate of Title Fees
Order Number: PC25155790.1 Date: 02/28/2018
Property Address: TBD COUNTY ROAD 27, BRIGHTON, CO 80603
Parties: NGL WATER SOLUTIONS DJ, LLC, A COLORADO LIMITED LIABILITY COMPANY
JOE SASAKI, AKA JOE D. SASAKI AND SASAKI FAMILY HOLDINGS, LLC, A
COLORADO LIMITED LIABILITY COMPANY AND SUSAN K. REEVES AND MARTIN W.
WILLIAMS AND THE TOM SASAKI FAMILY TRUST
Visit Land Title's Website at www Itoc.com for directions to any of our offices.
If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing.
Chain of Title Documents:
Weld county recorded 12/14/2007 under reception no. 3523679
Weld county recorded 12/14/2007 under reception no. 3523677
Weld county recorded OS/2512006 under reception no. 3422033
Weld county recorsiesd 02/2_62404 under rece.plion no. 3157044
Weld county recorded 08/05/2003 under reception no. 3091556
Weld county recorded 08IO5/2003 under reception no. 3091555
Weld county recorded 0810512003 under reception no. 3091554
Weld county recorded 08105/2003 under reception no. 3091553
Weld county recorded 05/0512000 under reception no. 2766366
Weld county recorded {32122I1999_undes reception no,.2674873
Weld county recorded 11/23/1998 under reception no. 2655307
Weld county recorded 07/0811997 under reception no. 2656960
Weld county recorded 02/13/1987 under reception no. 2088409
Weld county recorded 01/07/1986 under reception no. 2039146
Weld county recorded 01/03/1986 under reception _no..2Q37847
Weld county recorded Q1!14/1963 at book 1636 page 224
Weld coynty_recorded 0112411957 under reception no, 1248272
Weld county recorded 03/0211645 at book 1150 nage 349
Plat Map(s):
Weld county recorded 11/3012004 under reception no. 3239509
Weld county recorded 05/30/2003 under reception no, 3067589
Weld county recorded 12/26/2002 under reception no. 3017791
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number: Fc25155790-1
Property Address:
TBD COUNTY ROAD 27, BRIGHTON, CO 80603
1. Effective Date:
02/15/2018 at 5:00 P.M.
2. Policy to be Issued and Proposed Insured:
"ALTA" Owner's Policy 06-17-06
Proposed Insured:
NGL WATER SOLUTIONS DJ, LLC, A COLORADO LIMITED
LIABILITY COMPANY
$3,000,000.00
3. The estate or interest in the land described or referred to in this Commitment and covered herein Is:
A Fee Simple
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
JOE SASAKI, AKA JOE D. SASAKI AND SASAKI FAMILY HOLDINGS, LLC, A COLORADO LIMITED LIABILITY
COMPANY AND SUSAN K. REEVES AND MARTIN W. WILLIAMS AND THE TOM SASAKI FAMILY TRUST
5. The Land referred to in this Commitment 1s described as follows:
LOT B, 2ND CORRECTED RECORDED EXEMPTION NO. 1471-30-1 RE -3362 RECORDED NOVEMBER 30,
2004 UNDER RECEPTION NO. 3239509 BEING A PART OF THE NE 1/4 OF SECTION 30, TOWNSHIP 1
NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF
COLORADO.
Copyright 2006-2018 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the
American Land Title Association.
AMERICAN
LAND TITLE
AssocIATioN
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: F025155790-1
All of the following Requirements must he met:
This proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who wilt obtain an interest in the Land or who will make a loan on the Land. The Company may
then make additional Requirements or Exceptions.
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
Documents satisfactory to the Company that convey the Title or create the Mortgage to be Insured, or both,
must be properly authorized, executed, delivered, and recorded in the Public Records.
1. PROVIDE LAND TITLE GUARANTEE COMPANY WITH A CURRENT ALTA SURVEYOR IMPROVEMENT
SURVEY PLAT OF SUBJECT PROPERTY. UPON REVIEW, ADDITIONAL REQUIREMENTS AND/OR
EXCEPTIONS MAY BE NECESSARY.
LAND TITLE IS NOT RESPONSIBLE FOR ORDERING SAID ALTA SURVEY OR IMPROVEMENT SURVEY
PLAT.
SAID SURVEY MUST BE CERTIFIED TO LAND TITLE GUARANTEE COMPANY AND OLD REPUBLIC
NATIONAL TITLE INSURANCE COMPANY.
2. WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR
SASAKI FAMILY HOLDINGS, LLC, A COLORADO LIMITED LIABILITY COMPANY RECORDED APRIL 27, 2017
AT RECEPTION NO. 4297497 IS CURRENT.
NOTE: SAID INSTRUMENT DISCLOSES JANE SASAKI AS THE MANAGER AUTHORIZED TO EXECUTE
INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY
ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT STATEMENT OF
AUTHORITY MUST BE RECORDED.
3. WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR
THE TOM SASAKI FAMILY TRUST RECORDED APRIL 27, 2017 AT RECEPTION NO. 4297495 IS CURRENT.
NOTE: SAID INSTRUMENT DISCLOSES IDA ASAKO SASAKI A/K/A IDA ASAKI AS THE TRUSTEE
AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING
TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A
CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part
(Requirements)
Order Number: FC25155790-1
All of the following Requirements must be met:
4. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF
NGL WATER SOLUTIONS DJ, LLC, A COLORADO LIMITED LIABILITY COMPANY AS A LIMITED LIABILITY
COMPANY. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS
CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S)
AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING
TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE
PROVISIONS OF SECTION 38-30-172, CRS.
NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER.
5. A FULL COPY OF THE FULLY EXECUTED OPERATING AGREEMENT AND ANY AND ALL AMENDMENTS
THERETO FOR NGL WATER SOLUTIONS DJ, LLC, A COLORADO LIMITED LIABILITY COMPANY MUST BE
FURNISHED TO LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY
CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY
FOR SAID ENTITY.
NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION,
6. QUIT CLAIM DEED FROM GEORGE J. MANCINI AND MARY C. MANCINI, OR DEEDS BY AND THROUGH
THEIR PERSONAL REPRESENTATIVES TO JOE SASAKI, AKA JOE D. SASAKI AND SASAKI FAMILY
HOLDINGS, LLC, A COLORADO LIMITED LIABILITY COMPANY AND SUSAN K. REEVES AND MARTIN W.
WILLIAMS AND THE TOM SASAKI FAMILY TRUST CONVEYING SUBJECT PROPERTY.
THIS REQUIREMENT IS NEEDED BECAUSE THE DESCRIPTION CONTAINED IN THE RECORDED
EXEMPTIONS SHOWN ON SCHEDULES A AND B PART II DIFFERS FROM THE HISTORIC DESCRIPTION
OF THE SUBJECT PROPERTY AS CONTAINED IN THE DEED RECORDED JANUARY 24, 1957 IN BOOK
1468 AT PAGE 550 AND DEEDS SUBSEQUENT THERETO.
7. WARRANTY DEED FROM JOE SASAKI, AKA JOE D. SASAKI AND SASAKI FAMILY HOLDINGS, LLC, A
COLORADO LIMITED LIABILITY COMPANY AND SUSAN K. REEVES AND MARTIN W. WILLIAMS AND THE
TOM SASAKI FAMILY TRUST TO NGL WATER SOLUTIONS DJ, LLC, A COLORADO LIMITED LIABILITY
COMPANY CONVEYING SUBJECT PROPERTY.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: FC25155790-1
All of the following Requirements must be met:
NOTE: ITEMS 1-3 OF THE STANDARD EXCEPTIONS WILL BE DELETED UPON RECEIPT OF AN
APPROVED SURVEY. MATTERS DISCLOSED BY SAID SURVEY MAY BE ADDED TO SCHEDULE B-2
HEREOF.
UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT,
ITEM NO.4 OF THE STANDARD EXCEPTIONS ON THE OWNER'S POLICY, WILL BE AMENDED AS
FOLLOWS:
ITEM NO.4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS
RESULTING FROM WORK OR MATERIAL FURNISHED AT THE SPECIFIC, DIRECT REQUEST, AND WITH
THE ACTUAL KNOWLEDGE OF JOE SASAKI, AKA JOE D. SASAKI AND SASAKI FAMILY HOLDINGS, LLC, A
COLORADO LIMITED LIABILITY COMPANY AND SUSAN K. REEVES AND MARTIN W. WILLIAMS AND THE
TOM SASAKI FAMILY TRUST.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS
ARISING FROM WORK OR MATERIAL FURNISHED AT THE SPECIFIC, DIRECT REQUEST, AND WITH THE
ACTUAL KNOWLEDGE OF NGL WATER SOLUTIONS DJ, LLC, A COLORADO LIMITED LIABILITY COMPANY.
NOTE: ITEM 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE
COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE
DOCUMENTS IN CONNECTION THEREWITH.
NOTE: UPON PROOF OF PAYMENT OF 2017 TAXES, ITEM 6 WILL BE AMENDED TO READ:
TAXES AND ASSESSMENTS FOR THE YEAR 2018 AND SUBSEQUENT YEARS.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: FC25155790-1
This commitment does not republish any covenants, condition, restriction, or limitation contained in any
document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or
limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender
identity, handicap, familial status, or national origin.
1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and not shown by the Public
Records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law
and not shown by the Public Records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured
acquires of record for value the estate or Interest or mortgage thereon covered by this Commitment.
6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency
that may result In taxes or assessments, or notices of such proceedings, whether or not shown by the
records of such agency or by the Public Records.
7. (a) Unpatented mining claims; (b) reservations or exceptions In patents or In Acts authorizing the issuance
thereof; (c) water rights, claims or title to water.
8. RIGHT OF WAY FOR COUNTY ROADS 30 FEET ON EITHER SIDE OF SECTION AND TOWNSHIP LINES,
AS ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY, RECORDED
OCTOBER 14, 1889 IN BOOK 86 AT PAGE 273.
9. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM,
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED,
AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES, AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 10, 1881 UNDER
RECEPTION NO.= (BK 20 PG 319).
10. RIGHT OF WAY AS CONVEYED IN QUIT -CLAIM DEED RECORDED OCTOBER 2, 1895 IN BOOK 114 AT
PAGE 201.
11. RIGHT OF WAY OF THE MCCANNE DITCH AND RESERVOIR COMPANY AS CONVEYED IN QUIT -CLAIM
DEED RECORDED APRIL 24, 1922 IN BOOK 622 AT PAGE l4 .
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: FC25155790-1
12. RIGHT OF WAY EASEMENT AS GRANTED TO THE UNITED STATES OF AMERICA IN INSTRUMENT
RECORDED JANUARY 30, 1951, IN BOOK 1293 AT PAGE Ea.
13. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT
OF GEORGE MANCNI RANCH NO 2 IRRIGATION WELLS A & B AND GEORGE MANCINI SEEPAGE DITCH
RECORDED SEPTEMBER 07, 1951 UNDER RECEPTION NO. 1113726.
14. RESERVATION OF UNDIVIDED 1/2 INTEREST IN ALL OIL, GAS, AND OTHER MINERALS CONTAINED IN
DEED RECORDED JANUARY 24, 1957 IN BOOK 1468 AT PAGEQ.
15. ANY TAX, LIEN, FEE OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE
CENTRAL COLORADO WATER CONSERVANCY DISTRICT, AS EVIDENCED BY INSTRUMENT
RECORDED MAY 23, 1973, UNDER RECEPTION NO. 1613790.
16. ANY TAX, LIEN, FEE OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE
BRIGHTON FIRE PROTECTION DISTRICT, AS EVIDENCED BY INSTRUMENT RECORDED APRIL 10,1981,
UNDER RECEPTION NO. 185474i
17. OIL AND GAS LEASES RECORDED MARCH 20, 1984 UNDER RECEPTION NO. 1959950, AND MARCH 20,
1984 UNDER RECEPTION NO. 1959951 AND RE-RECORDED APRIL 2, 1984 UNDER RECEPTION NO.
1961328, AND MARCH 20, 1984 UNDER RECEPTION NO. 1959952, AND MARCH 20, 1984 UNDER
RECEPTION NO. 1959953 AND RE-RECORDED APRIL 2, 1984 UNDER RECEPTION NO. 1961329.
AFFIDAVITS OF PRODUCTION RECORDED MAY 10, 1984 UNDER RECEPTION NO. 1966394. 1966395,
1966396 AND 1966397.
NOTE: DECLARATION OF POOLING RECORDED JULY 30, 1984 UNDER RECEPTION NO. 1975706 AND
MARCH 4, 1985 UNDER RECEPTION NO.2000632.
18. MINERALS RESERVED BY INSTRUMENTS RECORDED JANUARY 3, 1986 UNDER RECEPTION NO.
2037847 JANUARY 7, 1986 UNDER RECEPTION NO.2038145 AND FEBRUARY 13, 1987 UNDER
RECEPTION NO. 2088409,
19. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT
OF RECORDED EXEMPTION NO. 1471-30-1 RE -3362 RECORDED DECEMBER 23, 2002 UNDER
RECEPTION NO. 3017791, AND CORRECTED EXEMPTION NO. 1471-30-1 RE -3362 RECORDED MAY 30,
2003 UNDER RECEPTION NO. 3067589, AND THE 2ND CORRECTED RECORDED EXEMPTION NO. 1471-
30-1 RE -3362 RECORDED NOVEMBER 30, 2004 UNDER RECEPTION NO. 3239509.
20. RESERVATIONS CONTAINED IN DEEDS RECORDED AUGUST 5, 2003 UNDER RECEPTION NO. 3091553,
3091554 3091555 AND 3O_1556,
21. REQUEST FOR NOTIFICATION OF SURFACE DEVELOPMENT RECORDED OCTOBER 15, 2007 UNDER
RECEPTION NO. 3511023.
22. MINERAL DEED RECORDED DECEMBER 14, 2007 UNDER RECEPTION NO. 3523679.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: FC25155790-1
23. TERMS, CONDITIONS AND PROVISIONS OF HOYT-TERRY STREET TRANSMISSION LINE CONTRACT
AND GRANT OF EASEMENT RECORDED JANUARY 20, 2010 AT RECEPTION NO. 3671132.
24. TERMS, CONDITIONS AND PROVISIONS OF CONFIRMATION AND QUIT CLAIM OF INTEREST
RECORDED JANUARY 18, 2018 AT RECEPTION NO. 4368610.
NOTE: THE FOLLOWING NOTICES PURSUANT TO CRS 9-1.5-103 CONCERNING UNDERGROUND
FACILITIES HAVE BEEN FILED WITH THE CLERK AND RECORDER. THESE STATEMENTS ARE GENERAL
AND DO NOT NECESSARILY GIVE NOTICE OF UNDERGROUND FACILITIES WITHIN THE SUBJECT
PROPERTY:
(A) MOUNTAIN BELL TELEPHONE COMPANY, RECORDED OCTOBER 1, 1981 AT RECEPTION NO.
1870705.
(B) WESTERN SLOPE GAS COMPANY, RECORDED MARCH 9, 1983 AT RECEPTION NO. 1919757.
(C) ASSOCIATED NATURAL GAS, INC., RECORDED JULY 20, 1984 AT RECEPTION NO. 1974810 AND
RECORDED OCTOBER 1, 1984 AT RECEPTION NO. 1983584 AND RECORDED MARCH 3, 1988 AT
RECEPTION NO. 2132709 AND RECORDED APRIL 10, 1989 AT RECEPTION NO. 2175917.
(D) PANHANDLE EASTERN PIPE LINE COMPANY, RECORDED OCTOBER 1, 1981 AT RECEPTION NO.
1870756 AND RECORDED JUNE 26, 1986 AT RECEPTION NO. 2058722.
(E) COLORADO INTERSTATE GAS COMPANY, RECORDED AUGUST 31, 1984 AT RECEPTION NO.
1979714.
(F) UNION RURAL ELECTRIC ASSOCIATION, INC., RECORDED OCTOBER 5, 1981 AT RECEPTION NO.
1871004.
(G) WESTERN GAS SUPPLY COMPANY, RECORDED APRIL 2, 1985 AT RECEPTION NO. 2004300.
(H) PUBLIC SERVICE COMPANY OF COLORADO, RECORDED NOVEMBER 9, 1981 AT RECEPTION NO.
1874084.
(I) ST. VRAIN SANITATION DISTRICT, RECORDED DECEMBER 14, 1988 AT RECEPTION NO.2164975.
(J) LEFT HAND WATER DISTRICT, RECORDED AUGUST 28, 1990 AT RECEPTION NO. 2224977.
(K) UNITED POWER, INC., RECORDED JANUARY 24, 1991 AT RECEPTION NO.,2239296.
(L) WIGGINS TELEPHONE ASSOCIATION RECORDED OCTOBER 14, 1992 AT RECEPTION NO. 2306829.
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Land Title'
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LAND TITLE GUARANTEE COMPANY
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
(A) The Subject real property may be located in a special taxing district.
(B) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in
which the real property is located or that county treasurer's authorized agent unless the proposed insured provides
written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real
property).
(C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of
County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk
and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of
an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the
requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing
information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters
which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for
recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee
Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the
transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
(A) The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
(B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land
described in Schedule A of this Commitment within the past 6 months.
(C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and
material -men's liens.
(D) The Company must receive payment of the appropriate premium.
(E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six
months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include:
disclosure of certain construction information; financial information as to the seller, the builder and or the contractor;
payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any
additional requirements as may be necessary after an examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed
to pay.
Note: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed trom the surface
estate, in Schedule B-2.
(A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the
surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
(B) That such mineral estate may include the right to enter and use the property without the surface owner's permission.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may
include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance
company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the
purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable
from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory
Agencies.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing
protection letter for the lender, purchaser, lessee or seller in connection with this transaction.
JOINT NOTICE OF PRIVACY POLICY OF
PP" LAND TITLE GUARANTEE COMPANY,
Land we.LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY
cw1nNraiX•4x4xr LAND TITLE INSURANCE CORPORATION AND
—Mow ,,e,— OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents
for Land Title Insurance Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state
privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is
the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized
access to non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
• applications or other forms we receive from you, including communications sent through TMX, our web -based
transaction management system;
• your transactions with, or from the services being performed by us, our affiliates, or others;
• a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
• The public records maintained by governmental entities that we either obtain directly from those entities, or from our
affiliates and non -affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
• We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
• We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
• Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
• We regularly assess security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT
IS NOT PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We
may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for
example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your
Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is
needed to enforce our rights arising out of any agreement, transaction or relationship with you.
Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy,
or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association,
and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Commitment For Title Insurance
Issued by Old Republic National Title Insurance Corporation
NOTICE
IMPORTANT -READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER
REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING
ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY. AND
CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN
ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE
CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON..
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I —Requirements; Schedule B, Part II —Exceptions; and the Commitment Conditions, Old Republic Natbnal Title Insurance
Company, a Minnesota corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment Is
effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the
specified dollar amount as the Proposed Policy Amount and the name of the Proposed insured. If all of the Schedule B, Part I —Requirements have not been met
within 6 months after the Commitment Date, this Commitment terminates and the Company's lability and obligation end,
COMMITMENT CONDITIONS
I DEFINITIONS
(a)"Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records.
(b)"Land': The land described In Schedule A and affixed improvements that by law constitute real property. The term "Land' does not include any
property beyond the Ines of the area described in Schedule A. nor any right, title, interest, estate, or not easement in abutting streets, roads.
avenues, alleys, lanes, ways, or waterways, but fills does not modify or limit the extent that a right of access to and from the Land is to be insured by
the Poky.
(c)"Mortgage": A mortgage, deed of trust, or other security Instrument, including one evidenced by electronic means authorized by law.
(d) "Policy': Each contract of title Insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant
to this Commitment.
(e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.
(f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this
Commitment.
(g)"Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters
relating to real properly to purchasers for value end without Knowledge.
(h)"Title': The estate or interest described in Schedule A.
2. If all of the Schedule B, Part l —Requirements have not been met within the time period specified In the Commitment to Issue Policy, Comitment terminates and
the Company's liabiity and obligation end.
3. The Company's liability and obigation is limited by and this Commitment is not valid without:
(a)the Notice;
(b)the Commitment to Issue Policy;
(c)the Commitment Conditions;
(d)Schedule A;
(c)Schedule B, Part I —Requirements; and
(f) Schedule B. Part II —Exceptions; and
(g)a counter -signature by the Company or its issuing agent that may be in electronic form.
4. COMPANY'S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commilment to add a defect, lien, encumbrance, adverse claim, or
other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is Imiled by Commitment Condition 5. The Company
shall not be fable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
(a)The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense Incurred in the interval between the
Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's
good faith reliance to:
I. comply with the Schedule B, Part I —Requirements;
IL eliminate, with the Company's written consent, any Schedule B, Part II --Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
(b)The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter
and did not notify the Company about it in writing.
(c)The Company will only have liability under Commitment Condition 4 It the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(d)The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred In good faith and described in Commitment
Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(e)The Company shall not be liable for the content of the Transaction Identification Data, IF any.
(f) In no event shall he Company be obligated to issue the Policy referred to In Ihis Commitment unless all of the Schedule B, Part I —Requirements have
been met to the satisfaction of the Company.
(g)In any event, the Company's liability is limited by the terms end provisions of the Policy.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
(a)Only a Proposed Insured Identified in Schedule A, and no other person, may make a claim under this Commitment.
(b)Any claim must be based In contract end must be restricted solely to the terms and provisions of this Commitment.
(c)Unti7 the Policy Is Issued, this Commitment, as last revised, Is the exclusive and entire agreement between the parties with respect to the subject
matter of this Commitment and supersedes al prior commitment negotiations, representations, and proposals of any kind, whether written or oral,
express or Implied, relating to the subject matter of this Commitment.
(d)The deletion or modification of any Schedule B, Part II —Exception does not constitute an agreement or obligation to provide coverage beyond the
terms and provisions of this Commitment or the Policy.
(e)Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.
(f) When the Policy is Issued, all Iiablity and obligation under this Commitment will end and the Company's only liability will be under the Policy.
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company's agent only for the limited purpose of Issuing title insurance commitments and policies. The issuing agent is not the
Company's agent for the purpose at providing closing or settlement services.
8. PRO -FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro -forma policy ilustrating the coverage that the Company may provide. A pro -forma
policy neither reflects the status of Title at the time that the pro -forma policy Is delivered to a Proposed Insured, nor is It a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount Is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Proposed Insured as the exclusNo remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http9/www.alta.orglarbitration.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by Its duly authorized officers on the date shown
in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
Land Title Guarantee
Company
3033 East First Avenue Suite
600
Denver, Colorado 80206
303-321-1880
sj.ete"--=-73_
President
Old Republic National Title Insurance Company, a Stock
Company
400 Second Avenue South
Minneapolis, Minnesota 55401
(612)371-1111
Mark Bilbrey, President
Rande Yeager, Secretary
This page is only a part of a 2016 ALTA® Commitment for Title Insurance Issued by Land Title Insurance Corporation. This Commitment Is not valid without the
Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule B, Part II —Exceptions; and
a counter -signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are
prohiibited. Reprinted under license from the American Land Title Association.
By:
Piq
I.11
Special Warranty Deed
(Pursuant to 36-30-115 C.R.S.)
THIS DEED, made on April 3rd, 2018 by IDA A. SASAKI AND JOE SASAKI, AKA JOE D. SASAKI AND SASAKI
FAMILY HOLDINGS, LLC, A COLORADO UNITED LIABIUTY COMPANY AND SUSAN K. REEVES AND MARTIN W.
WILLIAMS AND THE TOM SASAKI FAMILY TRUST Grantor(s), 01 the County of Weld and State of Colorado for the
consideration of ($3,000,000.0O) 'Three Million and 001100"' dollars In hand paid, hereby sells and conveys to NGL WATER
SOLUTIONS DJ, LLC, A COLORADO LIMITED LIABILITY COMPANY Grantee(s), whose street address Is 3773 Cherry
Creek North Drive Suite 1000, Denver, CO 90209, County of Denver, and State of Colorado, the following real property in the
County of Weld, and State of Colorado, to wit:
LOT B, END CORRECTED RECORDED EXEMPTION NO. 1471-30-1 RE -3362 RECORDED NOVEMBER 30, 2004 UNDER
RECEPTION NO. 3239509, BEING A PART OF THE NE 1/4 OF SECTION 30, TOWNSHIP 1 NORTH, RANGE 66 WEST OF
THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO.
State Documentary Pee
Date: April 03, 2018
$300.00
THE FOLLOWING ITEMS ARE EXCLUDED: ALL MINERALS AND MINERAL RIGHTS, OTHER THAN GRAVEL MINING
RIGHTS, OF WHATSOEVER KIND OR CHARACTER, IN ON AND UNDER THE PROPERTY
also known by street and number as; TBD COUNTY ROAD 27, BRIGHTON, CO 80603
with all its appurtenances and warrants the title against all persons claiming under the Grantor(s), subject to general taxes for the
year 2018 end those specific Exceptions described by reference to recorded documents as reflected In the Title Documents
accepted by Grantee(s) in accordance with Record Title Matter (Section 8.2) of the Contract to Buy and Sell Real Estate relating
to the above described real property; distribution utility easements, (Including cable TV); those specifically described rights of third
parties not shown by the public records of which Grantee(s) has actual knowledge end which were accepted by Grantee(s) in
accordance with Off•Record Title Matters (Section 8.3) and Current Survey Review (Section 9) of the Contract to Buy and Sell
Real Estate relating to the above described real property; inclusion of the Property within any special tax district; any special
assessment If the Improvements were not installed as of the data of Buyer's signature on the Contract to Buy and Self Real
Estate, whether assessed prior to or after Closing; and other
41-N,14„
IDA A. SASAKI
SA AKI, AKA JOE MIS
SASAKI FAMILY HOLDINGS, LLC, A COLORADO
LtMITElY11ABILITY COtNP NY
JAN 1Sr,1SA MANAG
SUSAN K. REEVE
44fiza,L,
hfl TIN W. WILLIAMS
a or
THE TOM SASAKI FAMILY TRUST
Sy:
IDA ASAKO SASAKI A/KJA IDA SASAKI TRUSTEE
Form 34 closIng/deeds/wd.html
25155790
(366444)
III I I1I IIII II II I Irl l ll � l l�l I
State of
County or
GiaaatO
Q�OU)-t2
}
)ss.
The foregoing Instrument was acknowledged before me on this day of April 3rd, 2018 by IDA A. SASAKI AND JOE SASAKI,
AKA JOE D. SASAKI AND JANE SASAKI, MANAGER OF THE SASAKI FAMILY HOLDINGS, LLC, A COLORADO LIMITED
LIABILITY COMPANY AND SUSAN K. REEVES AND MARTIN W. WILLIAMS AND IDA ASAKO SASAKI AIKIA IDA
SASAKI, TRUSTEE OF THE TOM SASAKI FAMILY TRUST %A/knees my hand and official seal
My Commission expires: 05/%9)0d7/
i6LLn[.,r Notary Public
When Recorded Return to: NGL WATER SOLUTIONS DJ, LLC, A COLORADO LIMITED LIABILITY COMPANY
3773 Cherry Creek North Drive Suite 1000, Denver, CO 80209
BRENDA L. PETERS
Notary Public
State of Colorado
Notary 1D# 19934008114
M Commleelnn Explrea 05.26-2021
Form 34 closing/deeds/wd.html 25155790 (366444)
CITY COUNCIL ORDINANCE
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BRIGHTON, COLORADO, ESTABLISHING A TEMPORARY SUSPENSION UNTIL
DECEMBER 4, 2018 (OR EARLIER AS MORE PARTICULARLY SET FORTH HEREIN)
OF THE ACCEPTANCE, PROCESSING AND APPROVAL OF APPLICATIONS FOR
WASTE DISPOSAL INJECTION WELLS DURING THE TERM OF SUCH
MORATORIUM; AND DIRECTING THE CITY MANAGER, CITY ATTORNEY, AND
STAFF TO CONDUCT SUCH STUDIES AS MAY BE ADVISABLE AND TO CONSULT
WITH SUCH AGENCIES, COMMISSIONS, COMPANIES AND CONSULTANTS AS
MAY BE PRUDENT, TO DETERMINE WHETHER AND TO WHAT EXTENT
MEASURES RELATED TO THE REGULATION OF WASTE DISPOSAL INJECTION
WELLS WITHIN AND IN CLOSE PROXIMITY TO THE CITY, SHOULD BE ADOPTED
BY THE CITY COUNCIL TO PROTECT THE PUBLIC HEALTH, SAFETY AND
WELFARE OF THE CITY OF BRIGHTON, AND TO MAKE RECOMMENDATIONS TO
CITY COUNCIL AS TO SUCH MATTERS; DECLARING AN EMERGENCY; AND
SETTING FORTH OTHER DETAILS RELATED THERETO.
ORDINANCE NO.: 2283
INTRODUCED BY: Johnston
WHEREAS, the development of underground waste disposal injection wells within the
State of Colorado has increased in recent years, especially within certain areas in close proximity
to the City of Brighton; and
WHEREAS, Brighton has not received any application for an underground waste disposal
well on lands within the corporate boundaries of the City, although it has received notice of
proposed well sites in close proximity to the City, and the City Council believes it likely that the
City may receive a growing number of inquiries for such wells, including an application in the
foreseeable future; and
WHEREAS, various municipalities throughout the State of Colorado have studied the
potentially negative harmful impacts of waste disposal injection wells on the public health, safety
and welfare of local citizens, and have enacted local legislation to protect such interests; and
WHEREAS, it is the City Council's intent to enact similar regulations to address any
proposed development of any waste disposal injection well, within or in close proximity to the
City of Brighton, including mitigating any potential impacts to the City's groundwater resources
and potential conflicts with any planned or existing other land uses; and
WHEREAS, any regulations adopted will intentionally protect the public health, safety,
and general welfare of the residents of the City of Brighton, and as such, are and shall be a lawful
and legitimate exercise of the City Council's land use authority and police powers; and
1
WHEREAS, it is the intent of the City Council that the exercise of its home rule authority,
and its police power and land use regulation authority, as expressed in any new regulations, will
be consistent with the intent and purposes of the City of Brighton's Municipal Code and Land Use
and Development Code and related regulations; any applicable provisions of the State Oil and Gas
Conservation Act (C.R.S. §34-60-101, et. seq.); any applicable rules or regulations of the Colorado
Oil and Gas Conservation Commission; and any applicable rules and regulations of the Colorado
Department of Public Health and Environment; and
WHEREAS, recognizing that the City depends on groundwater as its primary source of
domestic potable water supply, the City Council finds that it is essential to take the time necessary
to study, investigate, explore all options, and ensure that any waste disposal injection well would
only be authorized, if at all, only if all possible safeguards are in place to protect the City's
groundwater resources, and that the permitting and development of any waste disposal injection
well must be in a manner consistent with some or all of the aforementioned ordinances, rules and
regulations; and
WHEREAS, it is understood that injection wells located within the City may bring
additional heavy truck traffic onto City streets. The volume of truck traffic and the financial impact
these trucks may have on City streets requires additional study; and
WHEREAS, it is understood that hydrocarbons and other oil and gas chemicals are
present in the fluids to be injected and that these chemicals are flammable and could pose a risk to
public safety as well as a potential risk to air and water quality; and
WHEREAS, it has been widely reported that waste injection wells have and continue to
cause minor seismic activity in some areas of Weld County and in the State of Oklahoma. The
City needs to better understand the risk of such seismic activity and if that risk can be eliminated;
and
WHEREAS, the City Council finds and determines that it is necessary for the City
Manager, City Attorney, and Staff to conduct such studies and investigations as may be required,
and to consult with such agencies, commissions, companies and consultants as may be prudent, to
determine what measures related to waste disposal injection wells should be adopted to protect the
public health, safety and welfare; and
WHEREAS, issuing permits or other related entitlements providing for the establishment
or operation of any waste disposal injection well, prior to completion of the City's studies and
investigations around potential negative impacts of such facilities, poses a current and immediate
threat to the public health, safety and welfare, and therefore the City Council specifically finds and
determines that a temporary moratorium on the issuance of any such permit, license and
entitlement is necessary and proper; and
WHEREAS, for the protection of the public health, safety and general welfare, the City
Council desires to adopt this moratorium, in order to maintain the current status quo and to provide
reasonable time for the City Manager, City Attorney and Staff to study applicable law and
regulations, a possible permitting procedure, appropriate zoning and land use regulations, and
other regulatory standards and conditions to be imposed on such operations; and
2
WHEREAS, in order to protect the public health, safety and general welfare of the people
of the City of Brighton, the City Council of the City of Brighton, Colorado, hereby finds and
determines that an emergency exists in accord with City Charter § 5.1, and that it is necessary and
appropriate to institute a temporary suspension and moratorium on the acceptance, processing or
approval of any use permit, right of way permit, conditional use, variance, building permit, or other
applicable entitlement for any waste disposal injection well or related facility or appurtenance,
within or in close proximity to the Brighton City limits; during which time the City Council may
consider amendments to the Brighton Municipal Code, concerning appropriate regulations,
restrictions and requirements to govern, prohibit, restrict, or permit the same.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF BRIGHTON, COLORADO:
Section 1. Upon the effective date of this Ordinance as an emergency ordinance, and
continuing until December 4, 2018, or until further action of the City Council by ordinance,
whichever is earlier, no application for any waste -disposal injection well shall be accepted or
processed by the City of Brighton, and no such application or use is authorized or permitted in the
City.
Section 2. For purposes of this Ordinance, "waste -disposal injection well" means any and all
well site locations, equipment, well -head, bottom -hole, facility, or related infrastructure,
appurtenance, permit, right or entitlement, in any way associated with constructing, drilling, or
operating any underground disposal or storage operation, within or in close proximity to the City
limits, including the permitting, construction, erection, or proposed location of any related or
appurtenant infrastructure that may be used in connection with any waste disposal injection well,
including any proposed accessory equipment or supporting infrastructure proposed to be located
in, upon, under, or through any real property within or in close proximity to Brighton City limits,
Section 3. That the moratorium herein adopted shall expire on December 4, 2018, unless
earlier terminated or specifically extended by ordinance of the City Council.
Section 4. The City Manager, City Attorney and City Staff are authorized and directed to
conduct such studies and investigations as may be required, and to consult with such agencies,
commissions, experts, and consultants as may be prudent, to determine what restrictions and
regulations related to waste disposal injection wells should be adopted in Brighton to preserve and
protect the public health, safety and welfare.
Section S. The provisions of this ordinance are temporary in nature and are intended to be
replaced by subsequent legislative enactment. Notwithstanding the terms of Sections 1 and 3
above, this ordinance may be extended by action of the City Council, if the City Council finds
such extension necessary for continued study, investigation, or analysis, or for the preparation and
implementation of legislative enactments; and the City Council determines that such extension(s),
if necessary to the City, are in the public interest and will not result in undue hardship to any party.
3
Similarly, this ordinance may be rescinded by the City Council at any time, if and when the City
Council has adopted appropriate regulations.
Section 6. Purpose_ The purpose of this ordinance is to provide for, and to protect and
preserve, the health, safety and welfare of the people.
Section 7. Validity., If any part of this ordinance is for any reason held to be invalid, such
decision shall not affect the legislative intent or the validity of remaining parts of this ordinance.
The City Council hereby declares that it would have passed this ordinance and each part hereof,
irrespective of whether one part may later be declared invalid.
Section 8. Interpretation. This ordinance shall be so interpreted and construed as to
effectuate its general purpose and legislative intent.
Section 9. Emergency Declaration and Effective Date. In order to provide sufficient time for
the City Manager, City Attorney and City Staff to commence, conduct, and complete studies,
investigations, and analysis, and to prepare and provide findings and recommendations to the City
Council; and time for the City Council to meaningfully consider and further study such findings and
recommendations, it is hereby declared that: (i) an emergency exists; (ii) that this ordinance is
necessary for the immediate preservation of public peace, health, safety, and welfare; and (iii) that it
shall be in full force and effect immediately upon its adoption as an emergency ordinance.
INTRODUCED, ADOPTED ON FIRST AND FINAL READING AS AN
EMERGENCY ORDINANCE, AND ORDERED PUBLISHED THIS 5t" DAY OF JUNE,
2018.
CITY OF BRIGHTON, COLORADO
Ker meth r zer, ayor
ATTEST:
Natalie Hoel, City Clerk
APPROVED AS TO FORM:
Y�J e•U�
Mar gar t Brubaker Es
q., g q , y Attorney
4
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