HomeMy WebLinkAbout20162481.tiffEXHIBIT INVENTORY CONTROL SHEET
Case USR16-0016 - SADDLE BUTTE ROCKIES STORAGE AND TERMINAL, LLC
Exhibit Submitted By Description
A. Planning Commission Resolution of Recommendation
B. Planning Commission Summary of Hearing (Minutes dated 8/2/2016)
C. Planning Services PowerPoint Presentation
D. Applicant PowerPoint Presentation
E. Planning Staff Dry -up Covenant
F.
G.
H.
I .
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
W.
2016-2481
•
• n
WELD COUNTY ADMINISTRATION BUILDING
1150 "O't Street - Greeley, CO 80631
tat I 41
t,;(nr, ., .$ rte ri.Z•7r:i`:�; 'r• Boarl of
� �1
kip __ ,,. !
r;
i
2ci Qat, a
SADDLE BUTTE ROCKIES STORAGE & TERMINALS
A Site
Specific Development Plan and Special
Permit Permit for Mineral Resource
c IItoe e o OMOIlt Pe Oil
Polishing Terminal):
Facilities, Oil and Gas Storage sloading• and outdoor
equipment and construction nmatere ials
tort g ceyard
in the A (Agricultural) Zo
Agrfcultu)o
e
Terminall
'Aft ' • O0.x/
A rP
472.
HER
-rM- t N PLEASE 1_6\
at' Lit PA'P'.. ) r. tL:
rPt;r+ •* ..7:5
pi e-eidditvinai iP,llillTl$l}C)l` erl•^ r`
O:dCG, ? ic3r1 st ,
w-xn:.• >$ .. .
- sr ✓.4 'r�l hi p. ►titti,r :y �"i• .�YtM .r'.• - • 1'111-. [+i ��.G•t1pNre
y�
1a
tr
4
•
4
---_-,4111;4-_ :mac
r ►
w - .•
_
_ l y _ � }�j�
�♦.. � rt" T ..A S ` a O.
- .'.ter`= •rev rl.f �w .n -
• ♦ ,
esa,"
paire.tefr .44"
- . _
T;• i �"` * -• �♦ Y���� ..iCPC f 1-<�> `r't ♦`>•
- -
• ..rt- `
r s' •
Kraf�i".4 E /e li.. !�-
14 1. rte.. fit.-: •
J
r
. �t.rr f•c a
10
4•
—..
View to l<in East Sri County` o d
r
—.
ad
•
;y
law
L•
•
i. /f• K•"
•,. ./ 7 �. . �.
• ;mile'.
, •. 'fi
F
J
'
Ste, •. ,
i
•
' 4
•
-S w
.44
e %, 3
`
.sl .31 co —64
•
It if
+•
S
as
.-
View looking North across property from County Road 64
St
•
View looking East across Greeley-
.� 11� ._ I 1 -v - - i 1 i..•
•
• •'
1• 6 • _ _r % • V. i 14.- C
i
�r 1 1 f ▪ �'
r •• n. I
y - k•
Central Circa! nlahi�
Limited Irrigation Research Farm
from CountyR-0d 64 inierstction
r _���S+�t �;_ rtly,�. •F Y ._• � � . � -���r� • ;J yFFyr. k
iv Cteltshire I. *''t%tell a
•
., J
f
m
s
Aril pair 1 r -
82,5 Ayr* TtdRanch Sarre
VOWS fa. %tenser to Pqrsaa
C'k.flk,St ttc I inikrnity
es st. AJ a#
Central Great Plains
Limited Irrigation Research Farm
USDAaJ s
Water Management Research
9T y2.T4CCI
1 total Renew R • .t,
2150 Carter A ,,
r
r
30900 County Mae 45
cam„ CO
p
,p
a,
4
View looking west from County Road 43
t
4
I4
View to west toward DCP Midstream's Gas Processing Plant
r
View lo.okin .-East from Count- •R a'
d 43 of norther.ntnost arrot j ar`ce-1
North Property with 8 -inch Pipeline installation
OOP ik
View Looking Northwest from County Road 43 and County Road 645
towards Rimrock Midstream, USR15-0037
Saddle Butte Rockies
Storage & Terminals, LLC
Lucerne Terminal
Weld County — USR16-0016
Presented By:
Trent Miller
Environmental Manager
Cole Dougherty
Project Manager
SADDLE BUTTE
PIPELINE
Christian Stoddard
Planning Manager
Site
Plan
a CAP
MS*N
40 POW C StNWCE re
LARethI
no rwvS
NEW ACCESS
0RA1E
JO S TAMfi
OWP)
i
_ Ald'IOr A eOWC
IWB-EI-a
NEW ACCE33 J
DRIVE
IWORA*WN v nu IIW WO so YTlE
,Ant or AAA Cedar d.Anau.•MA,w
ran
Mai
EXIST SW.
/
GAS SEPARATOR
nnttc
TAM SATERY
Ma CS -
P i a.Pe
tilCllON COMER)
WWI
SA STORAGE
TANK
C']
G 1 i IWEWATER 1AAK3
oil- MAPS
clI
WIN Go WOOF EOMI JJ�
AWKOsse ASIOO►,a
eNIPIIIShPO'OOOKPIl10
��- JO' PPELPE NOW
-� FOR DUKE ENEN*T
f�AKWT TAAK5
QE Tall
e V IT
COW Dr ilitIONICatt
iPDC OItOMO
T1
WA/EJIQUALM IEAII/M_ NO
WtDRK OR STORAGE AREA
AJJot W PT
Current Development
Saddle Butte Rockies Storage & Terminals, LLC
Lucerne Terminal (USP 16-0016)
(-Rim Rock/PI-tt
%b%GP Midstream
i
Goo3k oart`n
SBP Lakeview
Grading Plan
a
t
i
a
I
I
i
�l
1
0:t
f
} 0•11••••••u....a—_i..s. 1..u..._
011•1••••••
I
I
N
\...INSW
— a1r
1afNtl
a -v
•
•
N \•
•
•
•
N
\ \ \\ \\
�.
\ \ N .,.
▪ -• --,,, -ti
N --..
1 1 1
•
i
I
I
•
•
•
I i I
•.Wf
'Vktuu HUIit
- q.••I
INIONPOIO
•
r
r
•
aaw
OM
�► ZION ENWNURING, tic
tan aa.•r r r
��. man.
SADDLE N//7Ew iMIS MID MAIIIMUILLLB.
WOW* MS%
ORIOW iUh
VitraCO►almo
INS
ar
Neel.
1001244120
a
A
Questions?
4144401 Pages: 1 of 6
09/23/2015 08:19 AM R Fee:$36.00
Carly Koppes, Clerk and Recorder, Weld County CO
�I��1�,�11�1�Ib4'I1t4 4�ti'�II��tY11��1r III III
WHEN RECORDED RETURN TO:
Soria Natural Resource Partners, LLC
1530 16th Street, Suite 300
Denver, CO 80202
EX
HIBIT
talel(p-DOlrio
DECLARATION OF DRY -UP COVENANT AND EASEMENT
is ry-Up Covenant and Easement ("Declaration"), is dated and effective as of
, 2015 (the "Effective Date"), and agreed to by Soria Natural Resource
P rtners, LLC, a Colorado limited liability company ("Grantor"). 1.
RECITALS
WHEREAS, on the Effective Date, Grantor is the current owner of certain real property
located in Weld County, Colorado, legally described on the attached Exhibit A ("Grantor's
Property").
WHEREAS, the New Cache La Poudre Irrigating Company, and the Cache La Poudre
Reservoir Company are the owners of the following decreed rights to divert and use water
(collectively referred to as the "Water Rights"):
New Cache La Poudre Irrigating Coin an
Decree
Adjudication
Date
Appropriation
Date
Total Amount
(cfs)
CA -320
1882-4-11
1870-10-25
110
CA -320
1882-4-11
1871-9-1S
170
CA -320
1882-4-11
1874-11-10
184
CA -320
1882-4-11
1877-9-15
121
W-8059-75
1975-12-31
1974-5-27
Total
65
650
Cache La Poudre Reservoir Comnanv
Decree
Adjudication
Date
Appropriation
Date
Total Amount
Jcfs/ac-R)
CA -1591
1904-12-09
1892-3-17
8,379 ac -ft
CA -2031
1922-4-22
1902-12-1
1,740 ac -ft
CA -11217
1953-9-10
1923-12-31
5,948 ac -ft
CA -11217
1953-9-10
1923-12-31
4,171 ac -ft
W-1103
1971-6-08
1892-3-17
110 cfs
W-1103
1971-6-08
1892-3-17
50 cfs
W-1103
1971-6-08
1892-3-17
90 cfs
80CW415
1982-9-03
1892-3-17
15 cfs
4144401 Pages: 2 of as.e0
Carly oppe 08:19 An R Fee:$36.00
Carly Koppes, Clerk and Recorder, Weld County. CO
iai �1p irt witnilia; ;AD NIPALIVItliiK0114
I 80CW415 I 1982-9-03 1 1893-7-31 i l0cfs I
WHEREAS, on the Effective Date, Grantor is also the owner of nineteen (19) shares of
capital stock in the New Cache La Poudre Irrigating Company (represented by share certificate
number 4874), twenty four (24) shares of capital stock in the Cache La Poudre Reservoir Company
(represented by share certificate number 41 08) and two irrigation wells with permit numbers Nos.
24801 -R -F and 24802 -R -F (collectively referred to as the "Shares").
WHEREAS, Grantor's Property has historically been irrigated by utilizing the Shares and
the water derived therefrom.
WHEREAS, the portion of the Water Rights represented by the Shares are intended to be
subject to a change of use, augmentation, or exchange, or for any other use Grantor determines,
and that in order to effect such uses, the portion of the Water Rights represented by the Shares will
need to be changed in an appropriate proceeding before the District Court, Water Division No. 1
("Water Court") or pursuant to administrative approval by the Colorado Division of Water
Resources, to change the place and/or type of use of the portion of the Water Rights represented
by the Shares.
WHEREAS, as a term and condition of any change in use of the Shares, the Shares and the
Water Rights derived therefrom shall no longer be used for irrigation or any other purposes on
Grantor's Property.
WHEREAS, in support its Water Court application, Grantor has agreed to execute and
record this Declaration affirming the cessation of all uses of the Water Rights on the Grantor's
Property, as restrictive covenants running with and burdening the Grantor's Property, all under the
terms of this Declaration.
WHEREAS, in addition to the foregoing, Grantor is executing this Declaration to reserve
a limited easement over the Grantor's Property, on the terms and conditions and for the purposes
set forth herein.
AGREEMENT
NOW, THEREFORE, Grantor, hereby covenants and agrees as follows:
1. Grantor shall permanently dry -up and discontinue use of the Water Rights on
Grantor's Property.
2. Grantor shall re -vegetate Grantor's Property during the first growing period after
the Effective Date of this Declaration with a dry -land native grass seed that has been generally
accepted for re -vegetation purposes on land subject to dry -up in the general area of Grantor's
Property. Grantor shall re -seed as reasonably necessary to establish, re-establish and/or maintain
the vegetation growth.
4144401 Pages: 3 of 6
09/23/2015 08:19 AM R Fee:$36.00
Carly Koppes, Clerk and Recorder, Weld County, Co
iii MFAZ Y«ilrk;l:r1 KlillAiYfirrYAl,K illiph Bill
3. Grantor shall take reasonable measures to keep Grantor's Property free of noxious
weeds including, but not limited to, periodic inspection, manual weeding, mowing and/or spraying
with a generally accepted herbicide.
4. Upon any subsequent transfer by Grantor of Grantor's Property, Grantor hereby
reserves a limited, non-exclusive, perpetual easement solely for the purposes of providing Grantor
and its designees, successors and assigns and any subsequent owners of the Shares access to
Grantor's Property to take all actions reasonably necessary to accomplish the dry -up of the
Grantor's Property and to demonstrate to the satisfaction of the Colorado Division of Water
Resources and the Water Court that permanent dry -up and cessation of use of the Water Rights on
Grantor's Property has occurred.
The right of access granted herein shall include the right to plug, fill in and/or remove the
existing irrigation infrastructure located on Grantor's Property. Any and all actions outlined above
to be taken by a party claiming a right of access under this Declaration shall be at that party's
expense except for any required re -vegetation or noxious weed management which shall be the
responsibility of the then -current owner of Grantor's Property as outlined above in Paragraphs 2
and 3.
In addition, the right of access granted herein shall also include the right to construct,
maintain and monitor, upon obtaining the prior written consent of the then -current owner of
Grantor's Property, which shall not be unreasonably withheld, stream or ditch gauging devices and
observation wells or lysimeters, conduct soil evaporation and plant transpiration tests, conduct
vegetative studies and surveys, all at the expense of the party claiming the right of access to
perform these activities. Any party claiming a right of access under this Declaration shall provide
to the then -current owner of Grantor's Property reasonable advance notice of the exercise of said
easement. The party claiming a right of access shall minimize interruptions to the operations of
the then -current owner of Grantor's Property and shall consult with said owner prior to taking such
actions. The location of any surface infrastructure installed by any party claiming a right of access
under this Declaration shall be located so as to not materially impact or interfere with the planned
or active operations of the then -current owner of Grantor's Property.
Grantor acknowledges and agrees that this Declaration affects and is a burden upon the
entirety of Grantor's Property. Notwithstanding anything herein to the contrary, any party
claiming a right of access under this Declaration shall notify the then -current owner of Grantor's
Property in writing no less than five (5) days prior to entering Grantor's Property for any reason.
5. This Declaration shall burden, attach to and run with Grantor's Property, and shall
be binding not only upon Grantor, but also upon Grantor's heirs, successors and assigns and any
other persons or entities which may acquire an ownership or leasehold interest in all or any portion
of Grantor's Property. The terms and provisions of this Declaration shall be perpetual and shall
inure to the benefit of the owners of the Water Rights and all successor owners of the Shares. This
Declaration may be enforced by Grantor, its successor or assigns, or any party having any right,
title or interest in the Water Rights, successor owners of the Shares or by the State Engineer of the
State of Colorado, at any time in any action at law or in equity.
4144401 Pages: 4 of 6
09/23/2015 08:19 AM R Fee:$36.00
Carly Koppes: Clerk and Recorder, Weld County, Co
IIII t��114� ITYRICI4vW.114CO31keitiii 11111
6. The owner of Grantor's Property shall be entitled to the full use and enjoyment of
the Grantor's Property for any purposes, subject only to the cessation of the use of the Water Rights
on Grantor's Property, including, but not limited to, oil and natural gas operations, mining, lined
water storage, dry -land grazing, recreational, residential, commercial, and industrial purposes.
This Declaration shall not prohibit the owner of Grantor's Property or their successors and assigns
from using other water rights (excluding in all instances the Water Rights) which may in the future
be transferred to Grantor's Property for such uses through an appropriate Water Court proceeding
which does not diminish or impact the historical consumptive use of the Water Rights. Grantor
shall not use the Grantor's Property in any manner which impacts the owner's use of the Shares or
diminishes the historical consumptive use of the Water Rights.
7. Upon transfer of the Shares by Grantor to any party, that party shall succeed to
Grantor's rights and responsibilities under this Declaration that result from the ownership of the
Shares and shall have the right to enforce the terms of Declaration against Grantor or, if Grantor's
Property has been conveyed to others, against the then current owner of Grantor's Property.
8. Grantor warrants that, on the Effective Date, no other person or entity has any
ownership or encumbrance interest in Grantor's Property.
9. The then -current owner of Grantor's Property shall reasonably cooperate with the
then -current owner of the Shares to demonstrate the dry -up of Grantor's Property, including, but
not limited to, providing affidavits or testimony attesting to the dry -up of Grantor's Property.
10. Enforcement of this Declaration may be by legal proceedings by Grantor or any
other beneficiary expressly identified in this Declaration o, as the case may be, against the other
party violating any provision of this Declaration, either to restrain or enjoin such violation, obtain
specific performance, or recover damages. In the event of any controversy, claim, or dispute
relating to this Declaration or the breach thereof, the prevailing party shall be entitled to recover
from the non -prevailing party the prevailing party's costs and expenses, including, without
limitation, reasonable attorneys' fees and costs.
11. This Declaration shall be recorded in the office of the Weld County Clerk and
Recorder.
[Signatures and notary blocks appear on the following page]
4144401 Pages: 5 of 6
09/23/2015 08:19 AM R Fee:$36.00
Carly Koppes: Clerk and Recorder, Weld County, CO
0111 1111�1 �r��pi�1lilll�,' �+NII I`I�I ISMl iris iYrrh III III
IN WITNESS WHEREOF, the parties have set their hands and seals this day and year first above
written.
GRANTOR:
Sorin Na
a Colorado
By:
Name:
Title: Authorized Representative
Address: 1530 16th Street, Suite 300
Denver, CO 80202
esource Partners, LLC,
ted liability company
STATE OF COLORADO
) ss.
COUNTY OF
T e foregoi, n}t it rument was acknowledged before me thi day ofc b
2015 b� V] 1• as Authorized Representative of Sorin Natural Resource
Partners, LLC, a Colorado limited liability company, on behalf of the company.
Witness my hand and official seal.
[SEAL]
commissi ; ires: •1,
Notary Public
SUSAN JEND
NOTARY PUBLIC
STATE OF COLORADO
NOTARY 1D iti 20124071314
MY COMMISSION EXPIRES NOVEMBER 07 2016
4144401 Pages: 6 of 6
09/23/2015 08:19 AM R Fee:836.00
Carly Koppes, Clerk and Recorder, Weld County, CO
ragnillanI�+ElidelMAKLLM' 'L 11 t�W�h 11III
Exhibit A
Grantor's Property
Approximately 82.977 Calculated Acres in the SW/4 of Section 26, Township 6N, Range 65W,
Lot B Rec Exempt RECX13-0069, Weld County, Colorado
Hello