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Home My WebLink About20183329.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Discovery DJ Services, LLC Case Number USR18-0075 Submitted or Prepared Prior to At Hearing Hearing PC Exhibits 1 Letter from The Wild Animal Sanctuary received 8/31/2018 X 2 Affidavit as to Notice of Right of Way Agreement provided by applicant X 3 Warranty Deed from Rowe to The Wild Animal Sanctuary X 4 Memorandum of Right of Way Agreement X I hereby certify that the 4 items identified herein was submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. Chris Gathman — Planner r , wiLD ArsamAL let r www.WilciAnimalSanctuary.org Friday, August 31 , 2018 TO: Chris Gathnnan DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 RE : USR18-0075 -0075 Dear Chris, As the Executive Director of The Wild Animal Sanctuary, I am writing you in order to log our official objection to the proposed Pipeline Project associated with the referenced URS application # 18-0075 . More specifically: L The proposed path and stated easement across a portion of lands owned by the Sanctuary, which identify in Weld County records as Parcel ## 147528200016 is: a. Null and void, as the negotiations for said easement transpired with the former owner while he was in direct negotiations with our organization to purchase said land, and no considerationswere given to either party for said easement. 2. The applicant' s failure to fulfill their obligations as required with Weld County' s Use By Special Review process : a. Failed to adequately discuss our concerns at the required public meeting. b. Failed follow through with their subsequent promise to resolve the situation : L As noted in the community meeting sign-in sheet filed under this USR application, which was held at the Best Western Hotel in Hudson, COon Monday June 4th, 2018, both myself and the Sanctuary' s Chief Operations Officer signed in and attended said meeting. We engaged pipeline officials at said meeting and clearly voiced our concerns for both the validity of the easement. . . and the pipeline' s proposed path. We stated our objections to both and were told by pipeline officials they had no time to discuss the matter with us that night - but would be in contact at a future date to obtain a resolution. No such meeting has been arranged or taken place. c. Failed to honestly and in good faith report (in the post-filed Q&A portion of meeting minutes) the opposition and concerns we presented, as well as the subsequent discussion that transpired at said meeting, and the applicant' s promise to faithfully pursue a resolution. Sincerely, - Pat Craig r Executive D�u.rec • The Wild Animal Sanctuary "Serving Captive Wildlife For Over 38 Years " 1946 County Road 53 * Keenesburg, CO80643 * 303 -536-0118 EXHIBIT www.WildAnimaiSanctuary.orgdeaL. AFFID A IT .AS TO NOTICE OF RIGHT OF WAY AGREEMENT This Affidavit as to Notice of Right of Way Ageement is executed the date of execution below by illiam Artie Rowe and. Carol Ann Rowe, as Trustees of the William Artie Rowe and Carol Arm Joint Living Trust. The undersigned Trustees, being duly sworn, hereby state as follows: 1 , They are the duly established Trustees of the William Artie Rowe and Carol Ann Joint Living Trust, have authority to execute this Affidavit. and either singly or jointly, have first- hand knowledge of the matters set forth below, 2. On December 19, 2O17. as Trustees of the William Artie Rowe and Carol Ann Joint Living Trust, they executed a ht-of-Way Agreement, convey, x to Discovery D.J. Services,, LL (referred to as "Discovery")) an easement for a thirty foot peLAuanent tight-of-way and a Efty foot temporary work space easement over the lands described below: Township 1 North, Range 64 West, 6th P .M Section 28 : A tract of land in the S/2NW/4, known as Lot B of Recorded Exemption 1475-28-REXI5-0074, dated July 5, 2015 and recorded at Reception Number 4125298 . 3 . As Trustees of the William Artie Rowe and Carol limn Joint Living Trust, they also executed, along with Discovery, a Memorandum of Right of Way Agreement that was recorded in Weld County on March 12. 2018 at reception Lion number 43 81787, which summarized the terms of the above Right of Way Agreement and attached a survey of the easement route. 4. After execution of the Right of Way Agreement on December 12017, by Warranty Deed dated January 31 , 2018 and recorded on February 1 . 2108 at reception number 4372303 , they sold and conveyed the track of land described above to WildAnimal Sanctuary. The conveyance was made expressly subject to "specifically described rights of third parties not shown by the public records of which Grantee(s) has actual knowledge and which were accepted by Grantee(s) in accordance with Off-Record Title Matters? T During the exchange of disclosures and title commitment communications with Wild Animal Sanctuary prior to the execution of the conveyance to Wild Animal Sanction, they and/or or the title company disclosed to the Wild Animal Sanctuary the existence of the Right of Way Agreement reached Discovery Y 2 with ice e described in paragraph above and Wild Animal Sanctuary chose to close the vansaction with actual knowledge of the Right of Way Agreement with Discovery . EXHIBIT Further Affiants sayeth not. Ci i // 7 , , fv•A . / rcest., - r r r �s« a.a y w �- � y i� 1 za.i f . a..�. i ►. v..'r" as Trustee of theWilliam Artie Rowe e and Carol �y Joint Li ring Trust ',,---a, iet---J. ... sa-L#1\e„, Carol Ann Rowe, as T of the William Rowe and Carol Living Trust .CIO ,-EDITS • State of ; �,< , _ ) 6 •. ', F )ss. I, ei County of - - ) yYs �r b s The foregoing Instrument was subscribed and sworn before me this . - day of September 2018 by ill Artie Rowe and Carol Ann Rowe, as Trustees of the William Artie Rowe and Carol Aim Joint Living Trust. . , sosHastatp-Azif - irc itBess uj nd and official seal. ,. _ J lest P : * - , 0 - II ! Is a ✓ i •I so_ —.1 _ _fir.;l�1" '; err If ; 7 � _ Notary Public . _ 'w Ural;� T - My conami.ssion expires : , . Y /4 I !• y i* 4Q• Yl ' .'t s..' �Y .r 4! 7r'f�' +�y1'el ' L 0 a * + -* !f L 1�trca '—il ts a �11� 4372303 02/01 /2018 12 : 15 PM Total Pages; 1 Rec Fee: $ 13 . 00 Doc Fee : $6000 Carly Koppes - Clerk and Recorder, Weld County , CO Sista DOCUMeatilly F Date: &mum alp 2018 Warranty Deed (Pursuant to 38-30-113 C.F .C.) THIS DEED, row en annum 314 2018 TIM WILLIAM ARTIE ROWE AND CAROL ANN ROWE JOINT LIVING TRUST Grantor(s), 01 the County of 'YIINCI and State of Colon for the consideration of (11600,001100) ***SIT Hundred Thousand arid OW 100*** dollars in hard paid, herd sells and conveys to THE WILD AMMAL SANCTUARY, A COLORADO I -PW)FT CORPORATION OrenLea(s), whose stmt iris Is 1946 OR 53 KEENESBURG, CO GO643. County of Weld. and State of Colorado, the fdlowing real property in the County of Weld, and State of Color, to wit: LOT B, RECORDED EXEMPTION NM 1+4T5, RECX154M4, RECORDED JULY 16, 2015 AT ICE P11 CH IMIC. 4125 BEING A PART OF THE SOUTH HALF OF TM! NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 1 Norm, RANGE 64 WEST OF THE 8TH PAL, COUNTY OF WELD, STATE OF COLORADO tutt1211„GA532RMWERAL MGM PINED BY - LLER .,. a -- krJ Y �;. : :: . t SLEitE RETAINED if • . ' - SELLERS also known by street and number as : 1686 COUNTY ROAD 53, ICEENEEIBURG, CO 80643 with all its appurtenances and '4rwarrants the title to the sum, subject to general taxes for the year 2018 ar d thaw specific Eyceptians dissented reference I mccrceed documents as Stetted In the 7711e Occurnentstees) Ine ice with lied The Mallets (Secs s. o f the bract ill Buy and Sell Real Estate 4 to the above mestrinbed rsar may; d st utility eements, (Including cue TV) those specifically d rests at gird padres not shown by the of witgch C.Tranteers) has &VIA/ knowledge ofich wen9 accepted by s) In arrorriance rte Offer' Tittle Mattets ( tip 8. ) and CarnEint &rimy Ha tie' (Section 9) of the Contract to Buy end SeePea! Estate relating to the above described Me prupety; inclusions of the Property w thTh any spacial tax d special sm:meat N the improvements installed it as of the dais Suyets striatum • the t to Buy end Sell Jae/ Estate, biebether assessed prior to or after Closing and other NODE THE WILLIAM ARTIE ROWE AND CAROL ANN ROWE 4 ■ ISO, TRUST BY: ' WILLIAM E - . WE, TRUSTEE 2BY: t --_ e _ AMA ROWE, TRUSTEE . PINKERTQN State of Colorado a � � � �� Notary Public +Counit' of ADAMS State of Coto rade Notary 199 64. 073995 The foregoing Instrument was acknowledged before me on this day of aiu M14p2.9 L MIN ROWE, TRUSTEES OF THE WILLIAM ARTIE FIOWE AND CAROL ANN w E ,JOINT UVII TRUST - - Witness my hand and cffl ci al seal My Commission expires: ' I .. Notary Public When Recorded Burn lo: THE WILD ANIMAL SANCTUARY, A COLORADO NON-PRORT CORPORATION 1846 CR a KEEENESEURG, COMBO Form 13 cknir deed d_htrnl 25154 041) 1 - EXHIBIT 4381787 Pages : 1 of 4 03 / 12 /2016 e2 : 33 P1 R Fee : $28 . 00 Carly Koppgs 1 Clark and Recorder Weld Cccdnty . CO 11 111 MEMORANDUM of RIGHT OF WAY AGREEMENT Parcel # 1475 8200020 STATE OF COLORADO ) COUNTY OF WELD ) This Memorandum of Right of Way Agreement ("Memorandum") is executed on the date or dates set forth below, to evidence for recording purposes the execution of a certain Right of Way Agreement, the relevant terms of which are set forth below: Name and Address of Grantor: The William Artie Rowe and Carol Ann Rowe Joint Living Trust 1686 County Road 53 Keenesburg, Colorado 80634 Name and Address of Grantee: Discovery IN Services, LLC ("Discovery") 7859 Walnut Hill Lane, Suite 335 Dallas, Texas 75230 1 . By Right of Way reem ent effective ickusyneunir I c , 2017 (the "Agreement"), Grantor granted, warranted, conveyed and assigned unto Discovery, its successors and assigns, a perpetual and exclusive easement and right of way for the locating of the routes for, and the laying, constructing, erecting, operating, maintaining, inspecting, testing, repairing, changing the size of, relocating, relaying, removing and/or abandoning in place a pipeline or pipelines, and appurtenances, along with right of ingress, egress, and regress, together with such valves, fittings, meters, connections, markers, cathodic protection, corrosion control and monitoring devices, pipeline operating control devices, hydrate removal systems, communications, telemetry and data acquisition facilities and related facilities, overhead and/or underground electric lines, regulators and other above and below ground appurtenances, and other equipment and appurtenances (collectively, { the Facilities") as may be necessary or convenient for the transportation by pipeline of oil, gas, condensate, natural gas liquids petroleum or any products, byproducts thereof, water, other liquids and gases and mixtures of any of the foregoing, including temporary water lines on, over, under, across and through a strip of land thirty (30 ') feet in width (the "Right of ay"), further depicted on Exhibit "A" attached hereto and made a part hereof, and located all or in part of: Township 1 North, Range 64 West,, P. M . Section 28: A tract of land in the S2NW4 known as Lot B of Recorded Exemption Number 147S-28-2-1 I5-OO14, dated July 5, 2015 and recorded at Reception Number 4125298. Weld County, Colorado _ Grantor and Discovery incorporate by reference in this Memorandum all the terms, covenants and conditions contained in the Agreement. Reference is hereby made to the Agreement for a complete statement of the rights, privileges and obligations created under and by the Agreement and of the terms, covenants and conditions contained therein, which complete Agreement may be obtained from Discovery at the address indicated below. EXHIBIT 1 4381787 Pages : 2 of 4 03/ 12/ 201a 02 : 33 PM P Fie : 28 , 00 Carly Kappa's , Clerk a rd Recorder , Weld County , CO III rIt RCMIfi:Iihilithli $ilI+ i& I ≥ iv ii lit 3 . Grantor and Discovery, for themselves and their respective heirs, successors or assigns, agree to observe, conform to and comply with such terms, covenants and conditions on the part of each of them to be observed and performed under the Agreement, 4_ Both Grantor and Discovery intend and agree that the easement and right of way granted pursuant to, and all the term and conditions of, the Agreement are covenants running with the land. 5 . Grantor and Discovery hereby ratify in all respects the grant of the easement and right of way and all other provisions contained in the Agreement as of the effective date of the Agreement. 6. This Memorandum is executed in simplified short form for the convenience of Grantor and Discovery and for the purpose of recording the same to place every person on notice of the existence of the Agreement. This Memorandum will not have the effect of modifying, supplementing or abridging the Agreement or any of its provisions. In the event of a conflict between the terms of the Agreement and the terms of this Memorandum, the terms of the Agreement will govern and control . IN WITNESS WHEREOF, Grantor and Discovery have executed this Memorandum on the respective dates as set forth in the acknowledgments below. GRANTOR: The William Artie Rowe and Carol Ann Rowe Joint Living Trust r---- By: William Artie Rowe Its: Trustee aisiti(?) ,ottOC a y : Carol Ann Rowe Its: Trustee DISCOVERY: Discovery DJ Services, TALC r illgr, T By: Matthew T. Bcrghoni Its: VP-Engineering & Construction 4381787 Pages : 3 of 4 03 / 12 /2018 02 : 33 PM R Fee : $78 . 00 Carly Kcppas , Clark and Recorder . Weld County : CO 1 ill �� r NIIIIIVI ACKNOWLEDGEMENTS STATE OF COLORADO ) ) COUNTY OF ttvielpi instrument this £kesrwt. r fore ��.�. $� k��for� �� da of , 2017, The foregoingacknowledged � by, William Artie Rowe as Trustee for The William Artie Rowe and Carol Ann Rowe Joint Living Trust, and being authorized to do so, on behalf of said trust, WITNESS my hand and Official Seal . f-Perearnessir,--e ttlisiral ,....,„ TinminikmEScHRECKENGOST ear ub� e in for said state and County }NOTARY ID MI F 2 MY COMMISSIONEXPIRES OCT R iii, 2021 r MY COMMISSION EXPIRES : /3/40-4 i STATE OF COLORADO ) COUNTY OF iiiiiel et. ) The foregoing instrument was acknowledged before me this / ete day of & , , ., , 2017, by, Carol Ann Rowe as Trustee for The William Artie Rowe and Carol Ann Rowe Joint Living Trust, and being authorized to do so, on behalf of said. trust. WITNESS my hand and Official Seal. iramermiti : IL { nir"�AY�IE S�CHR�F�£E('+IC�©S'f Nota ublie and for said t and County NOTARY f'UBLIS, STATE OF COLORADO NOTARY ICS 2017404. 053 MY COMMISSION EXPIRES OCTOBER 10% 2021 , MY COMMISSION EXPIRES : -- /C' ete i i r . STATE OF COLORADO ) ) COUNTY OF ADAMS The foregoing instrument was acknowledged before me this day of rvo r , 2017, by Matthew T. Berghorn, as VP of Engineering and Construction, of Discovery DJ ervices, LLC, a Texas limited liability company, and being authorized to do so, on behalf of said company. WITNESS my hand and Official Seal, it _ Mail 1 ' Notary xbl ie i and for said St and County a TammyWAYNE SCHRECKENGOST NorARY PUBLIC, STA►TEOF COLORADO MY COMMISSION EXPIRES : j NOTARY III 2017404205 MY COMMISSION EXPIRES OCTOBER 10, 2021 /071 an cli I ..m.= _ - , 0 20i2l i i — N 89'49.0I • E 2652.39 a Em....iiiimOF— >► 7 85 ' CONTRACT ANG GRAIVT OF EASEMENT 85' CONTRACT AND GRANT OF EASEMENT CEW(EP IN,E RIGHT OF WAY LINE TABLE 1/4 CORNER cc: 029/28 II 3.251AWU. CAP THE UNTIED STATES OF AMERICA - THE UNITED STATES OF AMERICA LINE - BEARING DISTANCE 475k 'SEC 2 C 28 P1S 37971 2015 i N 75' RIGHT OF WAY GRANT WESTERN AREA POWER ADMINISTRATION WEST RN AREA POWER AOM?N/.S7?ATWWN L i S 89'2245. W f9'sz67 # �- 2 2 M. 799 5 M -b- UNITED POKER' .REC. NO J6 C � REC. NO. 3639979 L2 O ),' t rA ; e E •,,58 9 r :... `w' te 4 t PEG. NO 24350)6 Mislit6 CORNER 28 L3 S 89.40.59 * W 9'. IN 4 Y � SECTJON t c to t .2. ALUM', Fivers TOTAL CUITLRUNE WWU 3239. 71 FE 6G' } . y�r }--�- POWER LINES fxl5 769 t $$ CO l l i �- ' ai _ 9' 14 5 E 1328 ‘01 iliniSHI" Pa v �r �• w.. �i [] {� �I CORNER 6 �rr,� pQ — ' j P — ti�s— a..i _ ._ __ - sw a - r_ iI'f7 111 q P ilIF i I ___ _ _ III _ -- phIPre— se r 'IWO CI -Mili.' I Ir 2 — - • — - . — _ P!S 27269 7998 ae es, 2.5" ALUAin CAP It NM ) . : FENCES = —_ — _ L / Sc7' TEMPORARY (SURVEY 772E H) Pan. 'i'' " so ` eYDRt SPACE S O 7'OtOi' : 85_89 ) , , r I - �LME RIGHT OF WAY 4—' ISO urd OWNER: ROE WILLIAM TL/ G TRUST I6 :is' ' x x A : 747528200020 I ll g S i :14;t: 'As iOTS RECX-0074 it; O5 s cop I POWER POLE (1W.) I I 7'1'1. 4 SEC T/0 8 irai , iel '1'' II E GE F � t EOOE OF CROP I TM (LT L 7r P ih. /I di, „..,..c0 1" ,,,. ta, FOw tiuE � I FENCES KSRACE 25 TEMP `APY M)RKSPACE •— 15 ' r CENTERLINE RIGHT OF WAY Lai ii3:7w:714 f•� i � t _ . — � EI'+�°N`ELIJ RIGHT OF WAY fa ev T ___L P I .... •IS , E of LA 25' TEAH3ORARY / 7 nel _._ ..-- 4 A_ g °I 14 00ERGRO,A0 / , , PA w0RxesPACE T— as . —I-- - cri I O el I PRoPorr LINE EtFMtr M FOUND PROPERTY CORNER 302 — i, _ 1, ' a '�•) � r�'� CORNER f:,X5 PLASTIC CAP r - es - - - - - - - - _a __ '. n, SEC 29/SEC pf5 ,319Xx 25' TEMPORARY *t)RKSPASCE I 50' TEMPORARY I+ IRKSPAC'E Ci/4 OR'NER ed r PARTiviiv di JINN e: 3. ' ' ALUM. i J II L Re QF WAY Dan m 3,25" ALVA CAP ,. PES '� 8 o PROPERTr" LINE - RO t :100P l •� f Q{1 27269 7998 (SURVEY TIE TO P,IO.T, TYPICALlop _ .....0.... ll Me itsRIGifirIt S ' + 01101141 ” 652.85 ') S ,Q'AQ'QB S W 2652,65 ' ,� '��"''� � e con irdiMIga CI a on I *IN 4,00 ego 416 os mai se is ca ale Sall P. AM ma we IlettlinC Eirai imam iii. eimmmaimms iD 'it; ''�. ie i f LOCATIONS UTILITIES FORt�G14 PIPELII S WERE GL�"tEi,'WINt0 VISIBLE SURFACE t4�1} 1 �. THESE LO COONS/5 he SHOW 'A f �+s et At4�1Y 107 Et ACCORATh t ' C' TL O U11L S WY EXIST AND AR TO BE fiELD L TED BY °JHFS PRIOR 70 EX04VAT100t'. ,ss 3' t24 ' �+�,� *�0. CO v re se.*fw ,. 4. Na- 0 --Ls 5 .,,.r 2,) THIS' E!t'MB T WAS PREPARED WITHOUT THE BENEFIT OF A T Ct �l�if MENT, ACKLAY, INC. MS NOT RESEARCHED �� - �' �,�+�► ,,,� I O ShOww ANY OTER EASEMENTS, RIGKTS OF WAY, VARIANCES AND OP AGREEMENTS OF RECORD EXCEPT AS SKIN HEREON � - SAL Lh 'S -� __ ,3.) NS EXHIBIT IS NOT A LANG SURVEY PLAT OR IMPQOVEMENT SURVEY PLAT !f IS NOT Tip OE RELIED UPON FOR 7HE ESTABLISHMENT �� ` 411, sirF� 4�r CM a OF ANY BOUNW4n, EASEMENT FENCE, 00lttIING, OR MLR FUME !4(PROVLMLMT LINES. WALL. � , tri • 4 ) BEAR/NCS SHOP' HEREON ARE RASED ON CPS ERVATtfN 4QA WS NOW' PUSMONiNG SrSTEM AMA}r0R' ONLINE P05070WING r USER MCC OFFERED BY 1W N G S. AND PROJECTED 10 'COLORADO COORt7OMTE SYSTEM OF 1903 NORTH zot O.R.S. 38-52- 105 DISCOVERY EI ,pV C LLC C twE• lA/AS ' ilmal a & ?O6) O!ST svCES SHOWN JEPEt3N ARE IN US SURVEY FEET GRID. i GOWNED FACTOR vvsa TO ofiTAw THE GRAS DISTANCES ISArkJnrn j.+r + 'V iC SERVICES i� {��+ i 4�lr JOB i .: I77Q" - 0 X9972 iIna EXHIBIT A RIGHT or WAY LANDS S,) mom AccoRallito TO coLomitvo Los YOu MUST Clt ii ita my LEGAL AC'TiON BASED UPON GT IN THIS SURvEY WITHIN 195 Telluride St Suite 7 N ' 1 ' t SECTION 2sloe ?ME: 4 IOC ' co u5 E- C) TAE YEARS AMR YOU FIRST OISCOvER SUCH DEFECT III NO SETV'T MAY ANY ACTIN BASED &Ot ANY DEFECT IN TiwS SLATY 8E gti0f~t 1 o $f}sa1 F f OF 1 ' COMMENCED WORE THAN TEN YEARS FROM T•HE OM OF THE CERTIFICATION SHOD H� TIN R64W 6TH PM1 WELD COUNTY; COLORADO ! A , I r- is a €•,) THIS Mie rT wAS PRE 91 tY3tMG'IA.S W. i`NINN. FRS 3R07O, FOR AND ON BEHALF OF ACYLA#l, INC. 195 alit E St. SUITE 7', co r1 a sill < I 9RIGHTary, CD 8060?. Ste},: CO--NE--0220. Hello