HomeMy WebLinkAbout20260349 Resolution
Approve Vacation, VAC25-0032, of Two-Lot Recorded Exemption, RECX17-0136,
and Recombine Lots into One (1) Parcel — Joshua Hattig
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, by Resolution #2017-3367, dated September 27, 2017, the Board approved
Two-Lot Recorded Exemption, RECX17-0136, creating parcels of 10.28 acres and
four (4) acres in-size, more or less, and
Whereas, said property is located in part of the S1/2 NW1/4 NW1/4 of Section 15,
Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, being more
particularly described as Lots A and B of Recorded Exemption, RECX17-0136, and
Whereas, the Board has received a request from Joshua Hattig, 9849 Shoreline Drive,
Longmont, Colorado 80504, to vacate said Recorded Exemption, RECX17-0136, which
was recorded on January 31 , 2018, at Reception #4372177, in the records of the Weld
County Clerk and Recorder, 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
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 vacation,
and
Whereas, any persons owning dedicated and recorded easements and rights-of-way
crossing the parcels to be vacated, if any, may continue such use after formal vacation
by Weld County.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that Recorded Exemption, RECX17-0136, be, and hereby is, vacated, and the
Lots, be, and hereby are, recombined into one parcel.
Be it further resolved by the Board that any persons owning dedicated and recorded
easements and rights-of-way crossing the parcels to be vacated, if any, shall not be
affected by this vacation authorized herein, unless reflected differently on the recorded
vacation plat.
Be it further resolved by the Board that the Clerk to the Board be, and hereby is, directed
to record this Resolution in the records of the Weld County Clerk and Recorder.
2026-0349
RECX17-0136
Vacation, VAC25-0032, of Two-Lot Recorded Exemption, RECX17-0136, and
Recombine Lots into One (1) Parcel — Joshua Hattig
Page 2
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 18th day of February, A.D., 2026:
[Insert Resolution Attestation Block Post Meeting]
2026-0349
RECX17-0136
Department of Planning Services
Memorandum
COUNTY,CO
To: Weld County Board of County Commissioners Case: VAC25-0032
From: Lindsay Oliver, Planner
Subject: Complete Vacation of RECX17-0136
Hearing Date: February 11, 2026
Owners: Joshua J. Hattig
Legal Description: Lots A and B of Recorded Exemption RECX17-0136; being a part of the S2NW4NW4 of
Section 15, T2N, R68W of the 6th P.M., Weld County, CO
Location: East of and adjacent to County Road 7; approximately 1/4 mile north of County Road
201/2.
Parcel Number: 1313-15-2-00-010, 1313-15-2-00-011
Total Parcel Size: +/- 14.28 acres Zone District: A(Agricultural)
Summary:
The applicant requests to vacate Lots A and B of Recorded Exemption RECX17-0136, recorded January
31, 2018, at reception#4372177. This complete vacation of RECX17-0136 would result in an approximately
fourteen (14) acre unplatted parcel.
At the time Recorded Exemption RECX17-0136 was created, the largest lot of a recorded exemption could
not be less than thirty-five (35) acres net unless approved by the Weld County Board of County
Commissioners. This case was taken to the Board of County Commissioners and approved by resolution
on September 27, 2017.
Vacation Criteria:
The Vacation of a Recorded Exemption plat criteria are detailed in Chapter 24, Article XI of the Weld County
Code, being the Obsolete Land Divisions Article within the Weld County Subdivision Ordinance.
Section 24-11-10. A. of the Weld County Code, states in part: "Previously approved Recorded Exemptions
and Subdivision Exemptions may be amended, corrected, or vacated."
Section 24-11-50 of the Weld County Code, provides specific criteria for the vacation process. The
processing of this vacation and memorandum have been prepared in accordance with this Code section.
Section 24-11-50. H. of the Weld County Code details the items to be submitted by the property owners in
order to request a complete or partial vacation of an exemption. The submitted materials were deemed
complete and include the vacation request letter and the draft vacation plat map.
Section 24-11-50. C. of the Weld County Code allows for complete vacations, which may be used to vacate
all lots created by the same exemption plat, excluding any lot(s)further subdivided by subsequent plat. The
submitted vacation request complies with this code section.
Complete Vacation of RECX17-0136 I Hattig 2026-0349
Page 1 of 2
Z/S iZE3 fl- 015 LC)
Recommendation:
The Department of Planning Services staff has reviewed this request and recommends that this request be
approved by the Board of County Commissioners subject to the following condition.
A. If the vacation request is approved by the Board of County Commissioners, the vacation plat shall
be submitted to the Department of Planning Services for review in accordance with Sections 24-
11-50.H and I of the Weld County Code. Upon acceptance of the plat, the plat shall be signed by
the property owners and shall be submitted for recording with the recording fee to the Department
of Planning Services. The vacation is in effect the date of recordation of the land survey plat with
the Weld County Clerk and Recorder.
Complete Vacation of RECX17-0136 I Hattig
Page 2 of 2
To Whom it May Concern,
I/We JO')k((A
(Name of Propeto,Owners
are writing to request the ompl: e/partial)vacation of Lot /T 8 of
(Circle one) (Insert Lot Designation)
Recorded Exemption - (' -0> /7-- d l W
(Insert Recorded Exemption number)
J cal. ,- ` -1,;� c� r2- i-�
Print: 0w 'zed Agent �-,,f Date Print: Owner or uth 'zgent Date
Signat e: uthorized Agent Signature: Owner or tho d Agent
01/24 5
VACATION OF LOTS A AND B OF RECORDED EXEMPTION NO. 1313-15-02 RECX17-0136
•
BEING A PART OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 15,TOWNSHIP 2 NORTH,RANGE 68 WEST,
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1OF1
-r .. RECORDED EXEMPTION NO. 1313-15-02 RECX17-0136
BEING A PART OF THE S 1/2 OF THE NW 1/4 OF SECTION 15.TOWNSHIP 2 NORTH, RANGE 88
WEST, OF THE 8TH P.N., WELD COUNTY, COLORADO
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CLIENT: CHRIS AND KAREN BERG HAMMER LAND SURVEYING. INC. RECORDED EXEMPTION
�•"p" .71". 3050 671N AVENUE.SUM200 SECTION 15,TOWNSHIP 2 NORTH.
- a•..m m•o rc GREELEY.CO 80634 RANGE 65 WEST.6TH P.Y.
PH:970-535-9318
4389823 Pages: 1 of 1
04/10/2018 03:04 PM R Fee:$13.00
Carly Koppes. Clerk and Recorder Weld County, CO
IIIIMIKt14VIrfVIVOliiv0IN1r11iiMAti, II III
AFFIDAVIT OF CORRECTION:
S 1/2, OF THE NW 1/4 OF THE NW 1/4 OF SECTION 15,
TOWNSHIP 2 NORTH, RANGE 68 WEST, RECORDED
EXEMPTION NO. 1313-15-02 RECX17-0136
RECEPTION NO. 4372177
RECORDED JANUARY 31, 2018
April 9, 2018
To Whom It May Concern:
This affidavit of correction is being filed to correct the legal description and the title block of the
above referenced Recorded Exemption.
Legal Description and the title block should read S 1/2 of the NW 1/4 of the NW 1/4 of Section 15,
Township 2 North, Range 68 West.
I Gary K. Hammer a Professional Land Surveyor registered in the State of Colorado do hereby certify
that the above corrections are correct to the best of my knowledge and belief.
0 EQ/ -2 /U
�
Gary K. Hammer 7 _� v / =_
For and on the behalf of = t 24307
Hammer Land Surveying, Inc. lt%%1,y./o-/B J
14;z7.00/
ll►O.
Plat Vacation Application
Recorded Exemptions & Subdivision Exemptions
Planning Department Use: Date Received:
Amount$ Case#Assigned:
Application Received By: Planner Assigned:
Plat Information rot !tJ V NW Y4
Title of plat to be vacated: k 6 1313 /S-Qa2/QEC)(1-] -013(p S I5 T 2N R (v Li)
lf.lCoeomplete Vacation (must include all lots)
0 Partial Vacation (vacated lots must be over 35 acres each)
List of lots to be vacated:
Lot Parcel Number Acreage Affected Easements
131315�-DDO!O �. D /shti.� ACCC66a-ut�'l e454M�.;t
Cot A AA-1d tit8 44 4 11-0 347
6 1 .313i '5 oco i lo. a$
Property Owner(s) (Attach additional sheets if necessary.)
Name: V 06�1�LL4t. J • a+11 q
Company: 6 r �J
Phone #: "I-J Q Le I g� "f �p Email: J• j M i'{.['NY/Street Address: g��11 ��1ercl t1h, DYc'V?� `j!
City/State/Zip Code: (/1j r, nY>�t CD $D 50L-
Applicant/Authorized Agent (Authorization form must be included if there is an Authorized Agent.)
Name: �6tYi fiAjty
Company:
Phone#: 3D ' ' c�iiff' 11Cf 3)— Email: A £I - Q ;j. e.
Street Address: i'ii 1 re-1 he 2 i1'e--
City/State/Zip Code: (�0 }..t / CO RO Sp c.1L
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plarf4 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,or 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 a_ad gree to comply with the regulations for complete or partial vacation et recorded exemptions or subdivision
exemptio
121/!-4J1-c---
Sig u�er or Auth rite Agent Date Signature Own r Authori Agent Date
Print: Owner or Authorized Age t Print Owner or Authorized Age d
01/24
3
ST-t/.
Departments of Planning
i861l~ Building, Development Review
and Environmental Health
r.. ^1 , 1402 North 17T"Avenue
Art:, P.O. Box 758
I Greeley, CO 80632
-_
Authorization Form
I, (We), - J04 AAAA� . 1 j, give permission to �h rk, Gj
(Owner-please print) ` (Authorized Agent/Applicant- se print)
to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located at
(address or parcel number) below:
l3 /3t4a-0oc7( 0 /1313/5aioo1I
Legal Description: e I i� N(n) lfq h1 I/6T Section I5 , Township2►v N, Range &a W
Subdivision Name: (U k Lot Block
Property Owners Information:[ ti I
Address: �k-l_l 6/-1,n- l; �i•V / YYvo flid VUJv-f
Phone: () N/ b).-1 1� E-mail: r j ILA,Tpi q`✓(`t !•I •
Authorized Agent/Applicant Contact Information: ✓�I J
Address: qb-% 110'�i1,VlZ . 3V; ye- 1,,r O � m_oh./�_ _Co gosbzi
Phone: J ��'1 tiq?›. E-Mail: 6J"f�I �il��D eM I r[ �r i• Colvf,
Correspondence to be sent to: Owner Authorized Agent/Applicant by: Mail Email
Additional Info:
I(We)hereby certify,under penalty of perjury and after carefully reading the entire contents of this document,
that the information st d ove is true and correct to the best of my(our) knowledge.
Date I' / (2,7-\-- Date
Ow Signat Owner Signature
Subscnbed and sworn to before me this /.ST// day of 5D���mV--- , 20 by
My commission expires
U/,90-g�
Notary Public
RITA WILLIAMSON
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20224008455
01/24 MY COMMISSION EXPIRES 03/01/2026 4
4898577 05/16/2023 04 14 PM
Total Pages 2 Rec Fee. $18.00 Doc Fee $87 50
Carly Koppes - Clerk and Recorder. Weld County . CO
WHEN R CORDED RETURN TO:
Joshua J. Hattig
9849 Shoreline Drive first American Title"
Longmont, CO 80504 .
t _
File—Number: 5544-4049863
SPECIAL WARRANTY DEED
THIS DEED, \lade this Fifteenth day of May, 2023, between Christopher Phillip John Berg and Karen Jane
Berg of the County of Boulder and State of Colorado, grantor, and Joshua J. Hattig whose legal address is 9849
Shoreline Drive, Longmont, CO 80504 of the County of Weld and State of Colorado, grantee:
WITNESSETH Ti-at the grantor, for and consideration of the sum of EIGHT HUNDRED SEVENTY FIVE
THOUSAND AND NO/100 DOLLARS ($875,000.00), the receipt and sufficiency of wnich is hereby
acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey
and confirm, unto the grantee, his heirs, successors and assigns forever, all the real property, together with
improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows:
LOTS A & B, RECORDED EXEMPTION NO. 1313-15-02 RECX17-0136, RECORDED JANUARY 31, 2018
AT RECEPTION NO. 4372177, BEING A PART OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 15, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY
OF WELD, STATE OF COLORADO.
also known by street and number as: 0 County Road 7, Lots A & B, Frederick, CO 80504
TOGETHER witn all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and
all the estate, right, title, interest, claim anc demand whatsoever of the grantor, either in law or equity, of, in and
to the above bargained premises, with the heredrtaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the
grantee his heirs, and assign forever. 1 he grantor for his heirs and personal representatives or successors, does
covenant and agree that this snail and will WARRANT AND FOREVER DEFEND the above-bargained premises in :he
Quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons
claiming the whole or any part thereof, by, through or under the grantor except general taxes for the current year
and subsequent years, and suoject to statutory exceptions.
The singular n.:mber sha1 include the plural, the plural the singular, and the use of any gender shall be
applicable to all genders.
Doc Fee: $87.50
Page . ct
4898577 05/16/2023 04 14 PM
Page 2 of 2
IN WITNESS WHEREOF, The grantor has executed this deed on the date set forth above.
CPr.
Christopher Phillip ohn Berg
off.f _
Karen Jane Berg NY
Christopher Phillip John Berg as attorney in fact
Stale of Colorado
County of Boulder
The foregoing instrument was acknowledged to before me this ID day of May, 2023 by Karen Jane
Berg by Christopher Phillip John Berg as attorney in fact and Christopher Phillip )ohn Berg
Witness my hand and official seal. I
My commission expires: !7�Zs31.7 S \\
Notary Public
i DEBORA H COLEM,N
I NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 1997402E927
MY COMM,SS,ON EXPIRES DECEYBER 28,2025
Page 2 of 2
RESOLUTION
RE: APPROVAL OF RECORDED EXEMPTION, RECX17-0136 — CHRISTOPHER AND
KAREN BERG
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, the request for Recorded Exemption RECX17-0136 was submitted by
Christopher and Karen Berg, 2248 W. Hecla Drive, Louisville, Colorado 80027, for property which
is located on the following described real estate, to-wit:
Lot B of RE-4881; being part of the S1/2 NW1/4
NW1/4 of Section 15, Township 2 North, Range 68
West of the 6th P.M., Weld County, Colorado
being more particularly described in the plat which shall be provided by the applicant and known
as Exhibit "A," said plat to be recorded, and
WHEREAS, the Board of County Commissioners. pursuant to its authority under
Section 30-28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of the
Board. that a certain parcel of land, to be divided into two parcels, as shown on the plat known as
Recorded Exemption RECX17-0136, does not come within the purview of the definition of the
terms "subdivision" and "subdivided land," and
WHEREAS, this request is to divide the property into parcels estimated to be
approximately 10.28 acres and 4.0 acres.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from
the definition of the terms "subdivision" and "subdivided land."
BE IT FURTHER RESOLVED by the Board that the application of Christopher and Karen
Berg for Recorded Exemption RECX17-0136 be, and hereby is, approved subject to the following
conditions:
1. Prior to recording the plat:
A The applicant shall attempt to address the requirements (concerns) of the
Mountain View Fire District, as stated in the referral response dated August
11, 2017. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
B. The applicant shall address the requirements of the Saint Vrain Valley
School District Weld RE-1J, as stated in the referral response dated August
15, 2017. Evidence of such shall be submitted, in writing. to the Weld
County Department of Planning Services.
c� : PLCRR/ m(Y1) , GL-PPL
for for 17
2017-3367
RECX17-0136
RECX17-0136 — CHRISTOPHER AND KAREN BERG
PAGE 2
C. Lot A shall comply with the one (1) 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. The applicant shall provide the Weld County Department of Planning
Services with a Statement of Taxes from the Weld County Treasurer
showing no delinquent taxes exist for the original parcel.
2. Items to be included on the plat:
A. The plat shall be titled: Recorded Exemption No. 1313-15-02 RECX17-
0136.
B. Show and label the location of the existing access road for the proposed
two new lots. If the existing access road crosses the property boundary
onto Lot A of RE-4881, the applicant shall submit to the Weld County
Department of Planning Services a recorded copy of any agreement signed
by all the owners of the property crossed by the access. The access shall
be for ingress and egress, and shall be referenced on the plat by the Weld
County Clerk and Recorders reception number.
C. A 30-foot-wide joint access and utility easement extending across Lot B
from County Road 7, for the benefit of Lots A and B, 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.
D. Show and label the existing and future right-of-way for County Road 7 and
all access permits, if applicable. Contact the City of Frederick for right-of-
way widths, approved access points and additional requirements. Please
provide a signed letter from the city showing their approval of all proposed
and existing access points coming off of their maintained right-of-way
shown on the plat.
E. Show the floodplain and floodway (if applicable) boundaries on the plat.
Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map
Panel Number and/or appropriate study.
F. Setback radiuses for existing oil and gas tank batteries and wellheads shall
be indicated on the plat per the setback requirements of Section 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.
2017-3367
RECX17-0136
RECX17-0136 — CHRISTOPHER AND KAREN BERG
PAGE 3
H. 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 2012 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 Chapter 23, in
accordance with subsection 23-6-10.0 of the Weld County Code.
2) 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.
3) Access on the site shall be maintained to mitigate any impacts to
the public road, including damages and/or off-site tracking.
4) Any future structures or uses on the site must obtain the appropriate
zoning and building permits.
5) Lot A is not eligible for a future land exemption, in accordance with
Section 24-8-20.C.1 of the Weld County Code.
6) 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.
7) A Flood Hazard Development Permit is required for all construction
or development occurring in the floodplain or floodway, as
delineated on Federal Emergency Management Agency (FEMA)
FIRM Community Panel Map #08123C-1890E, dated January 20,
2016 (Idaho Creek floodplain). Any development shall comply with
all applicable Weld County requirements, Colorado Water
Conservation Board requirements as described in Rules and
Regulations for Regulatory Floodplains in Colorado, and FEMA
regulations and requirements as described in 44 CFR parts 59, 60,
and 65. The FEMA definition of development is any man-made
change to improved or unimproved real estate, including, but not
limited to, buildings or other structures, mining, dredging, filling,
2017-3367
RECX17-0136
RECX17-0136 —CHRISTOPHER AND KAREN BERG
PAGE 4
grading, paving, excavation, drilling operations, or storage of
equipment and materials.
8) FEMA's floodplain boundaries may be updated at any time by
FEMA. Prior to the start of any development activities, the owner
should contact Weld County to determine if the floodplain
boundaries have been modified.
9) The installation of any septic system within the 100-year floodplain
shall comply with the Weld County O.W.T.S. floodplain policy. In
accordance with the State of Colorado O.W.T.S. Regulations, no
septic system shall be installed within the floodway.
10) 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.
11) Prior to the release of building permits, the applicant shall submit
evidence to the Department of Planning Services that Lot A and Lot
B have adequate water supplies of sufficient quality, quantity and
dependability.
12) The property owner shall control noxious weeds on the site.
13) The historical flow patterns and runoff amounts will be maintained
on the site.
14) This site is located in a Municipal Separate Storm Sewer System
(MS4) Area which may trigger specific water quality requirements
or other drainage improvements. In addition to compliance with
applicable Weld County regulations, the property owner is required
to be compliant with any additional MS4 requirements.
15) 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.
16) Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County-Wide Road Impact Fee,
County Facility Fee and Drainage Impact Fee Programs.
2017-3367
RECX17-0136
RECX17-0136 —CHRISTOPHER AND KAREN BERG
PAGE 5
17) This parcel is located within the 1-25 RUA (Regional Urbanization
Area). Please refer to Chapter 26 of the Weld County Code for more
information.
18) 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.
19) The Weld County Right to Farm Statement, as it appears in Section
22-2-20.J.2 of the Weld County Code, shall be placed on the map
and recognized at all times.
3. Additional Information:
A. A Weld County septic permit is required for any proposed home. The septic
system shall be installed according to the Weld County On-site Wastewater
Treatment System regulations.
B. Topographic or physical features of the proposed lots, such as ravines,
ditches, streams, etc., may limit the area available for a new or replacement
septic system. Prior to recording the plat, the Weld County Department of
Public Health and Environment recommends that the applicant review the
Weld County Code pertaining to septic systems to assure that any installed
septic system will comply with all setback requirements found in the Code.
In the event the proposed lot is not of sufficient size to allow the installation
of a septic system, the lot may need to be enlarged.
C. The Longmont Conservation District has provided information regarding
the soils on the site. The applicant shall review the information and use it
to positively manage on-site soils.
4. 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
2017-3367
RECX17-0136
RECX17-0136 — CHRISTOPHER AND KAREN BERG
PAGE 6
documentation required as conditions of approval. The Mylar plat shall be recorded
in the office of the County Clerk and Recorder by the Department of Planning
Services. The Mylar plat and additional requirements shall be recorded within sixty
(60) days from the date the Board of County Commissioners Resolution was
signed. The applicant shall be responsible for paying the recording fee.
5. In accordance with Weld County Code Ordinance #2012-3 approved April 30,
2012, should the plat not be recorded within the required sixty (60) days from the
date of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
6. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS
Personal GeoDataBase (MCB). The preferred format for Images is .tif(Group 4).
(Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of September, A.D., 2017
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLOR DO
ATTEST:dd ) ;&k, (AYE)
Julie A. Cozad Chair
Weld County Clerk to the Board
(NAY)
Steve Moreno, P o-Tem
BY: •
ty Clerk to the Board oi AYE
N-\4 E L I., Sean P. Conway
APPROVED AS T t �`� fill _ • , . • AYE
1861 11 S�O'0�•y ike Freeman
iL ;` '�. '... ./
Count Attorney �V i�"r ���
Y � �:�.�!. ! A.. _ NAY
.arbara Kirkmey=r
Date of signature: 10 1 (0 ! ( 7
2017-3367
RECX17-0136
F' - �.
r DEPARTMENT OF PLANNING SERVICES
, RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
PLANNER Ryder Reddick HEARING DATE September 27, 2017
CASE NUMBER RECX17-0136
APPLICANTS Christopher Phillip John Berg & Karen Jane Berg
APPLICANT ADDRESS 2248 W. Hecla Drive Louisville. Colorado 80027
REQUEST' Two-Lot Recorded Exemption
LEGAL DESCRIPTION: Lot B of RE-4881, being a part of the S2 NW4 NW4 of Section 15, T2N, R68VV
of the 61' P M., Weld County CO
PARCEL NUMBER: 1313-15-2-00-009
PARCEL SIZE Total +!- 14 28 acres ZONE DISTRICT A(Agricultural)
Proposed Lot A +I-4 0 acres
Proposed Lot B +1- 10 28 acres
WATER SOURCE. Lot A Proposed Left Hand Water District Tap
Lot B Proposed Left Hand Water District Tap
SEWER SOURCE Lot A Proposed Septic
Lot B Proposed Septic
Description The applicant is proposing a 2-Lot Recorded Exemption on Lot B of RE-4881 (Reception
#3606881)which was recorded on February 23, 2009 with Lot B being+/- 14.28 gross acres
Section 24-8-40 P of the Weld County Code states "After August 3, 2010. the largest lot of
any recorded exemption may not be less than thirty-five(35)acres net. This requirement may
be waived by the Board of County Commissioners if the Board finds that extenuating
circumstances experienced by the applicant justify approval of the recorded exemption and
that the recorded exemption is not for the purpose of evading the requirements and intent of
Chapter 24 of the Weld County Ccae
In a letter addressed to the Board of County Commissioners dated June 30 2017 and
submitted with this Recorded Exemption application to the Department of Planning Services,
the owners requested that the board approve their request to do a 2-Lot Recorded
Exemption The applicants explained in the letter that they have owned the property since
November 9, 2004 per recorded Warranty Deed (reception #3234250), and had split the
parcel in 2009 through RE-4881 (reception #3606881) The applicants point to the fact that
there was no note on the plat suggesting that they could not do another 2-Lot Recorded
Exemption on their Lot B based on it being under 35 acres They explained they were never
notified of the updated code language approved in 2010 and assumed they were eligible to
apply They also explain they have already created a 5-year lease with a restaurant company
from Denver to farm the proposed 10.28-acre new Lot B, which if approved could be up to a
15-year lease With this lease in place, the applicants letter stated it was their intent all along
to split the lot by recorded exemption one more time for the purpose of conveying the lot to
their daughter for her to build a potential new single family home site on lot A while keeping
the farming and lease operat:on on Lot B as a way to continue to generate retirement income
RECX17-0136 2017-3367
Page 1 of 7
The Department of Planning Services staff has reviewed this request and recommends that this
request be Denied for the following reasons:
Section 24-8-40.P of the Weld County Code, states
After August 3, 2010. the largest lot of any recorded exemption may not be less than thirty-five (35)
acres net This requirement may be waived by the Board of County Commissioners if the Board finds
that extenuating circumstances experienced by the applicant Justify approval of the recorded
exemption and that the recorded exemption is not for the purpose of evading the requirements and
intent of this Chapter.
The applicants are requesting a split of Lot B RE-4881 into two(2) lots that will include a new Lot A
being +/- 4-acres and a new Lot B that will be +/- 10 28-acres in size. The proposal does not meet
Weld County Code Section 24-8-40 P.
The following timeline describes the history of the property
05/14/1975 A 2-Lot Recorded Exemption RE-168 was approved by the Board of County
Commissioners and recorded (reception #1660333). The Recorded Exemption
covered a 40-acre area of land being the entire NW4 of the NW4 Section 15 T2N R68W
of the 61h P M.. Weld County, CO. The lot was split into Two(2) 20-acre parcels known
as Lot A and Lot B of Recorded Exemption RE-168
11/09/2004 Christopher Phillip John Berg and Karen Jane Berg acquired the 20-acre Lot B of
Recorded Exemption RE-168 through recorded warranty deed (Reception#3234250).
02/23/2009 A 2-Lot Recorded Exemption(RE-4881)was approved by the Weld County Department
of Planning Services (reception #3606881). This case created a 5.72-acre Lot A and
the 14.28-acre Lot B. The 14 28-acre Lot B is the lot proposed to be split via RECX17-
0136
07/20/2017- A complete application for RECX17-0136 was received This case seeks to split Lot B
of RE-4881 via a two(2) lot recorded exemption.
The applicants were aware that this Recorded Exemption case would be recommended to the Board of
County Commissioners for denial and choose to proceed with the request In the letter sent by the
applicants on June 30, 2017. They acknowledged the recommendation for denial and requested that
requirement listed under Section 24-8-40.P be waived as the applicant is claiming an extenuating
circumstance The extenuating circumstance given in the letter states that the property has been in
same ownership by the applicants since 2004 and that they had no previous knowledge that the rules
had changed based on size requirements to split his lot until they applied for this recorded exemption
in late July 2017 Therefore because they had no knowledge that the rules changed and it was their
intent all along to split the property through this exemption process, these factors have created an
extenuating circumstance beyond their control that should allow for the board to make an exception in
this case to Code Section 24-8-40.P.
Other options do exist in the Weld County Code to create a new parcel of land without a new Recorded
Exemption on this lot. The Planned Unit Development (PUD) and Minor Subdivision are appropriate
processes to create another legal lot to be used for residential purposes Additionally. the Zoning Permit
for a Secondary Dwelling (ZPSD) or Use by Special Review (USR) may be utilized to permit an
additional dwelling unit on a property in the Agricultural Zone District.
Should the Board of County Commissioners approve this request,the Department recommends
the following conditions be attached:
RECX17-0136
Page 2 of 7
1 Prior to recording the plat
A. The applicant shall attempt to address the requirements (concerns) of Mountain View Fire
Rescue, as stated in the referral response dated August 11, 2017 Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services
8 The applicant shall address the requirements of Saint Vrain Valley School District Weld RE-1J,
as stated in the referral response dated August 15, 2017. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services
C Lot A shall comply with the one (1) 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 The applicant shall provide the Weld County Department of Planning Services with a Statement
of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original
parcel
2 Items to be included on the plat.
A The plat shall be titled Recorded Exemption No 1313-15-02 RECX17-0136
B Show and label the location of the existing access road for the proposed two new lots. If the
existing access road crosses the property boundary onto Lot A of RE-4881 the applicant shall
submit to the Weld County Department of Planning Services a recorded copy of any
agreement signed by all the owners of the property crossed by the access. The access shall
be for ingress and egress and shall be referenced on the plat by the Weld County Clerk and
Recorders reception number
C A 30-foot-wide joint access and utility easement extending across Lot B from County Road 7,
for the benefit of Lots A and B, 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
D Show and label the existing and future right-of-way for County Road 7 and all access permits,
if applicable Contact the City of Frederick for right-of-way widths Approved access points
and additional requirements Please provide a signed letter from the city showing their
approval of all proposed and existing access points coming off of their maintained right-of-
way shown on the plat.
E Show the floodplain and floodway (if applicable) boundaries on the plat. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number and/or appropriate
study
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 Ail recorded easements and rights-of-way shall be delineated on the plat by book and page
number or reception number
3 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
RECX17-0136
Page 3 of 7
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 2012 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) 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.
3) Access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite tracking
4) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
5) Lot A is not eligible for a future land exemption in accordance with Section 24-8-20.C.1
of the Weld County Code
Si 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.
7) A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway as delineated on Federal Emergency
Management Agency (FEMA) FIRM Community Panel Map # 08123C-1890E dated
January 20. 2016 (Idaho Creek floodplain). Any development shall comply with all
applicable Weld County requirements, Colorado Water Conservation Board
requirements as described in Rules and Regulations for Regulatory Floodplains in
Colorado. and FEMA regulations and requirements as described in 44 CFR parts 59,
60,anc 65 The FEMA definition of development is any man-made change to improved
or unimproved real estate, including by not limited to buildings or other structures.
mining. dredging. filling, grading paving. excavation, drilling operations or storage of
equipment and materials
8) FEMA s floodplain boundaries may be updated at any time by FEMA. Prior to the start
of any development activities. the owner should contact Weld County to determine if
the floodplain boundaries have been modified
9) The installation of any septic system within the 100-year flood plain shall comply with
the Weld County O.W T S flood plain policy In accordance with the State of Colorado
O W T S Regulations, no septic system shall be installed within the floodwav
10) 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.
11) Prior to the release of building permits the applicant shall submit evidence to the
Department of Planning Services that Lot A and Lot B have adequate water supplies
of sufficient quality, quantity and dependability
12) The property owner shall control noxious weeds on the site
RECX17-0136
Page 4 of 7
13) The historical flow patterns and runoff amounts will be maintained on the site
14) This site is located in a Municipal Separate Storm Sewer System (MS4) Area which
may trigger specific water quality requirements or other drainage improvements In
addition to compliance with applicable Weld County regulations, property owner is
required to be compliant with any additional MS4 requirements
15) 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
16) Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County-Wide Road Impact Fee Program
17) Building Permits issued on the proposed lots, will be required to adhere to the fee
structure of the County Facility Fee and Drainage Impact Fee Programs
18) This parcel is located within the 1-25 RUA (Regional Urbanization Area) Please refer
to Chapter 26 of the Weld County Code for more information
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 States 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.
20) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the
country in total market value of agricultural products sold The rural areas of Weld
County may be open and spacious. but they are intensively used for agriculture
Persons moving into a rural area must recognize and accept there are drawbacks,
including conflicts with long-standing agricultural practices and a lower level of services
than in town Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas. open views, spaciousness,wildlife, lack of city noise
and congestion, and the rural atmosphere and way of life Without neighboring farms,
those features which attract urban dwellers to rural Weld County would quickly be gone
forever.
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
R EC X 17-0136
Page 5 of 7
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
riot 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
Controiiing chiidren's activities is important, not only for their safety, our also for me
protection of the farmer's livelihood
4 Additional Information
A A Weld County septic permit is required for any proposed home. The septic system shall be
installed according to the Weld County Onsite Wastewater Treatment System regulations
B Topographic or physical features of the proposed lots, such as ravines, ditches, streams etc
may limit the area available for a new or replacement septic system. Prior to recording the
plat the Weld County Department of Public Health and Environment recommends that the
applicant review the Weld County Code pertaining to septic systems to assure that any
installed septic system will comply with all setback requirements found in the Code. In the
event the proposed lot is not of sufficient size to allow the installation of a septic system the
lot may need to be enlarged
C The Longmont Conservation District has provided information regarding the soils on the site
The applicant shall review the information and use it to positively manage on site soils
5 The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County
Code The applicant shall submit an electronic copy (PDF)of the plat for preliminary approval to the
Department of Planning Services Upon approval of the plat, the applicant shall submit a Mylar plat
along with all other documentation required as conditions of approval. The Mylar plat shall be
RECX 17-0136
Page 6 of 7
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
6 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 Board of County Commissioners
resolution was signed a $50 00 recording continuance charge shall added for each additional 3-
month period.
7 The Department of Planning Services respectfully requests the surveyor provide a digital copy of this
Recorded Exemption Acceptable CAD formats are .dwg, dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles. Arclnfo Coverages and Arclnfo Export files format type is e00
The preferred format for Images is of(Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps@co.weld.co.us.
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.
By X�.� k fL, ? Date. September 14, 2017
( ROer Reddick, Plahner
RECX17-0136
Page 7 of 7
Hello