HomeMy WebLinkAbout20288016 DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
COUNTY,CO
To: Weld County Board of County Commissioners Case: VAC26-0004
From: Lindsay Oliver, Planner
Subject: Partial Vacation of RECX16-0082
Hearing Date: April 22, 2026
Owners: Sand Dollar 77, LLC c/o Eric Steidl
Legal Description: Lot B of Recorded Exemption RECX16-0082; being a part of the NE4 of Section 27, T7N,
R67W of the 6th P.M., Weld County, CO
Location: West of and adjacent to County Road 21; south of and adjacent to County Road 78.
Parcel Number: 0705-27-1-00-076
Total Parcel Size: +/- 76.55 acres Zone District: A (Agricultural)
Summary:
The applicant requests to vacate Lot B of Recorded Exemption RECX16-0082, recorded November 2, 2016,
at reception #4250562. This partial vacation would result in an approximately seventy-seven (77) acre
unplatted parcel. Lot A of RECX16-0082 is not a part of this action.
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. B of the Weld County Code allows for partial vacations, which may be used to vacate
the largest lot within a Recorded Exemption plat, which is greater than thirty-five (35) acres in size, without
affecting the remaining lot(s) within the same plat. The submitted vacation request complies with this code
section.
Partial Vacation of RECX17-0126 I Brent
Page 1 of 2
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 conditions.
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.
B. No property will be left without access to a public road right-of-way as a result of the vacation.
C. No existing easements are affected by this vacation of Lot B of Recorded Exemption RECX16-
0082.
Partial Vacation of RECX17-0126 I Brent
Page 2 of 2
CArz.1/23/26
VA CA TIONPLA T OFLOTB, RECX16-0082 .�.�•I
WAIL
Situate in the Northeast Quarter of Section 27,Township 7 North,Range 67 West of the 6th P.M., wC.
County of Weld,State of Colorado
..:A.,a..e<:rl.r,a .,,a.,n.nA
,..r..r wee.,a,. I, 5[C56Z417P.in MC
UT'
...r,....w+...xo:e Poe ogee OM p
ern Nr•rel r
wr.I
.erg -. �.
e:a r l� iir ..-He'A I• 81.7e z.m _— o
�.wnnrrn..vrlauw/x
er e. M)wn ..:w'Ri)"..t r n.:::1'?..:.. ex.. ..A i., W S c
- :. :.. ... p
3r.nei x w .1/i es bean 5. ••wl.w ow ma rat I.e:w V (C
N.,ordirrate
crnrt a ___ eei/zone.w........:ze.>i.ri ow n:.i
N..,....a..,,...:.r..... gn....�w ...f ..._ oa.rm.cw„c....,r.:..... my i..iun i _
rte
Manse n..,e.. see p IY41 w.a: .`:�ons1. Merl./.,Ww"",..:or Ye ��b° I m"'..a de1.r.:s o...".Xl. y I
...grew. �:nra•r....,...,."1e.1up W.I. .e. a C7 —
e..,tie a°J I , 8 V
13310-231131111.3131.13
cam,,...S0.95 vre¢.� Aar,"a .Ora�.... W O
.,.,r....g. 1. ..ew COP,Lew• :a,/.,�:...>....,w....:..... . .- .r.... I a
weer.,new...O...sera w M.I.4.1r NY_.s. .IOC i.:e.*mown r co.wg...non ogre op..,,...,0 on el�a�
O..W..el Cr.,Ce..e... I I "`
4115111 05
W C.wry.doh N,Nwi .y"e1,1.1.n.e..r..e.'.rn...x....«...v..M w,>ef.wi •`
nn_ ..n.,r.._ C
•
•
N..ry rr.,..Ow. ww_-—._. r..w..g,..P•..lever.—.wr.s e ere....mr n..n u
",,,°,,,,'^per, °i nsw onto(cross, I if A
r�rw°`7r ww:.w Gwl•w+w_ «r`iN X561 ACl£S(NM
IC V.41rATFID ON
ry AY RUM11 ETONI I i
Or'IHF HOARD or
COI INIYlX uAn¢sIOMIRfnl
8 v7:nn crwrr Ii 7.
PRELIMINARY I s;
iW 6gee.UN
t A \ a I
3 7 , ! nN
I t WOK MS
:' I pax so.o I„I II gag
.14 Cory ad n11
/ wf
•
...�,...�, l LEGEND I Wiz,, 11
'
Ile=..` (/ .:r � Ne 1u',�.I
y ow.:I,tag,wen _ 1 —
sa]I' Se 20 1317.31 '
VICINITY MAP _ .e 1I...e gees II a Ina.a , arc o' r `°"`w J (' 1
LT.:::ogn u alr
5141251 OF
ter=' ". .. „ m. ` ' °'"'"" I'' RECORDED EXEMPTION HU Nor,
WV., °• NO. 0705-27-01 RECXJ6-0082 --: —
>..,,asg;;„.,.a•011'/'^owaro'-•'.^"• '-"m•Tax _, .._. ...,„ „,, ,„,, Situate in the Northeast Quarter of Section 27,Township 7 North,Range 67 West of the 6th P.M., 0....
..°—•..° °••'^Sac.'4-'m°'^'.. County of Weld,State of Colorado co„„.,
...... ) ':r: ,.�v„r.....,. t'<:. p"'.. VP'Fla w'." w o.:.al. E
.•1•ia•"m..�i rm. c""r�' .•m^n.. ssua�,-- a St .f,tlU
R�//-. �,..~....q �.. f.1 ...rc...w RTR ON ,e• v rot s..�'°�� o a8,
Rs'TIf::Th�e:.�Sr.�T�riah..4 �3i.K P , 1 �..P..n...a....wa u.r. .....M1«.e...<..�..... ., — ___—____.,rii—_ __ D w _ e„318. Kef. w WAIN.
LED t
ie .i+"°"" M....�= .1.....r.wr..r.^w, . ..v. .....�, LOT. C.....pp w W.s 'O
.�..,.„Y........,,.�.�.. n,.. }, .,...,......,..........r. r t•.... .,.,.m .....m..,... .a.AM eir Anal e a.s. .ma,» l �I 1.wi�sma r� t°, �+
mm. L' d '! ,I..eMR .
p Q O p
rxae..
w U1
......,— ...w--..,an r..,,meaekr.A0 Nit,>
�.,—„,..w,w.�V� 11..��4 A =.1Mw �o)�..,��wr w..cnw.��..a a....�'..s.w r..m..�... .....r LEGEND i p ' I , p^ 3 1
MI*.-1r � ) �. .. .m.�.. or u b� � er a.,.
tI
VD N
���, I. ';t.''.. , ..n Lore �_ y
r". o-.a.a��mr rr.. =""�eon ": m . 1 NI OM.o COOKS xa g iasxwt Ol ]6!'32AACR ACRES
` ,
,".r ..., E ; )tL5i1 ACBLS QVL7) �.,`•.
.. ,.....,...r'.*.a...... tWSWL.IOW .." «tr•ra _ g�...m...q<..,.ter.... 9,V
...= .a . ,.. ,a ..„ f...pm. _i A9?
Art
sow 00.in.110
.pt-" q M�.m ° s1
VAIL OF
00111,OF
w.+.snl .+..w..r.......w.�.r atlll'rAteC.nUp7. "9� .^..... - ' I I 9i8
w�..^.., L. 11l� tE..) ..........^,r.........mow` . .e....... .�'etaaN.r[/o/. 1 l
r .w. a m.7 P r »�.w ra....Maar.....��..r.. �,.....,..�.....,... rnvr,,rn.vr �.,.r d ' =inm,ta..r
MEMO
wa.�.o� .u.r11 `m .n
w __ I •i,/."ru, .,rm .a-,mn....mar �� 1 1`n r.r...
x•... ll .a....Man
13
... 1 m.ma.�u ' 1 ) z w
•
r. . I sn ...�a xr. xss SO SB976'2B'�rot 517.51' 1 I �j �o
n.......r..,........ay.-a...^a ale �t w..Nla�0i .o11p — 5o."...`�W .:.�•• r�,ro.,s.uv Ww ^,
II
2,22n.- .w�*MU a�^.wr"J I ,-.. .j WCR/78 �rt -- .naa u sw '- ,nor..run .._ • ... xNOLLI
<m/�y1rgGr w �
•
...w.,Or Amex.. uu�....r-,...,nw,....<,w.,r,wo rC .c..°�R �.. "m .. ,_..�.a , ,.,,_wr. ,. .. -.a ,,. r.:l-=�:;p..._,.P.... o La"
n.rr.---- �t „.....� �.—_.. r UMW
1 n�.'*�vrm'm,nuom.. ..b ,A,�.....,. .,..�. .,...."........................ o a
ct
R a C�IorpAa_ I <1 . ..on .., „. . a -.r.. ....
, CT t
,...�elLJA..,,,,,, n-......,r._J.`A., Milo b-ms. 200
� .t= 400 eoo .s MCI Ua.....�a...,....s..a s�"..41.5)1
p )Dramas
\\\:
...a...,...,.... �L75/.'b t..r SCALE 1..00.SCALE m ini rrr r....,...,..as .eknr.�.aru/rn .,i VICINITYMAP ....".',„E.�..m,�...,..,a.'d, r..,>...».,.�.. - _ i
moo L..aA,11.pate
SHEET 1 Or 1
Plat Vacation Application
Recorded Exemptions & Subdivision Exemptions
Planning Department Use. Date Received
Amount S Case#Assigned:
Application Received By: Planner Assigned:
Plat Information
Title of plat to be vacated: L v-f , ) x- /a- vv az S Z} T 4 J R G'w
Complete Vacation (must include all lots)
ID Partial Vacation (vacated lots must be over 35 acres each)
List of lots to be vacated:
Lot Parcel Number Acreage Affected Easements
B 0-4o5z-4100v qt.. 74 • 5 3c ' ZS, 303 (..435
Property Owner(s) (Attach additional sheets if necessary.)
Name: 5 AA,0 ,�� C
Company
Phone#:C 1-0) eq.-1 - tote Email. e j 5 e 1.4447 /, mod.+-.
Street Address: P.o • ao>< (,5$
City/State/Zip Code:Wpu 05ot_ t W 30550
Applicant/Authorized Agent (Authorization form must be included if there is an Authorized Agent.)
Name: t=12i s- Si cc-
Company: ,r4nfo Pj..4,4et-
Phone #: o Z-1 - !o I Email: G 5-1-.6 S c{C e AT1.
Street Address: P.O • (36 . Sg
City/State/Zip Code: Li) 0 s o t Co �0 550
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained
within the application are true and correct to the best of my (our) knowledge. All fee owners of the property must sign this
application,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 and agree to comply with the regulations for complete or p cati of record exemptions or subdivision
exemptions
Signature: Owner or Authorized Agent Date Signature: Ow er or Authorized Agent Date
.Zo c�a Irt n� �1 e i cL I ccc. STarr9`—
Print:Owner or Authorized Agent Print: Owner or Authorized Agent
01/24 3
Departments of Planning
� 866 Building, Development Review
and Environmental Health
II t r ' — I 1402 North 17TH Avenue
LF F P.O. Box 758
/ Greeley, CO 80632
-- : CAN
Authorization Form
I, (We),'S .. ►' a_,tArL '',c-C-c , give permission to r i&,c.- STEI t,..
(Owner-please print) (Authorized Agent/Applicant-please 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:
Legal Description: LOT a 7 Rec.y 6-0082-of Section 2-1- , Township 74 N, Range(' 4- W
Subdivision Name: Lot Block
Property Owners Information:
Address: P. O. o'L to Sid f oJ,aI Ds J'i- a, MOSS J
Phone: (/?-0) t L1 - C.174 E-mail: e,j S4-44 S `16 Blot a i I• cobt
Authorized Agent/ApplicantD Contact Information:
Address: GP.& x b59 f GU in/DG)R.- , CP gb 65 0
Phone: (IV S 41 - Cv f-a E-Mail: GJ 54 S. (44, 6 1,44 ai/, r e AA-
Correspondence to be sent to: Owner Authorized Agent/Applicant )< by: Mail Email X.
Additional Info:
I(We)hereby certify,under penalty of perjury and after carefully reading the entire contents of this document,
that the information stated above is true and correct t t of my(our) knowledge.
Gf-r�J Date j - .f Date 3-et ZOLIy
ner Signature Ow a Signature
Subscribed and sworn to before me this -[ day of G rLil , 20 ,-9(e by
Zeck . 54eI(!C r Fric 54e1ct
My commission expires March 16,1,90D(p L LC_GAa-- L3a 4 e1
Notary Public
TRICIA BARGER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20184012265
MY COMMISSION EXPIRES MARCH 16,2026
01/24 4
To Whom it May Concern,
I/We 54ND Oou-4,2-
(Name of Property Owner)
are writing to request the I partial vacation of Lot of
,Cir (Insert Lot Designation)
Recorded Exemption l(o - Do 82
Insert Recorded Exemption number)
Pri r or Au orized Agent Date Print: Owner or Authorized Agent Date
Signature: Owner r Authorized Agent (S. nature: Owner or Authorized Agent
01/24 5
Colorado Secretary of State
-Fried Date and Time: 02/16/2016 03:48 PM
Document must be filed electronically. ID Number: 20161110211
Paper documents are not accepted.
Fees&forms are subject to change. Document number: 20161 11021 1
For more information or to print copies Amount Paid: $50.00
of filed documents,visit www.sos.state.co.us
ABOVE SPACE FOR OFFICE USE ONLY
Articles of Organization
filed pursuant to§ 7-80-203 and§ 7-80-204 of the Colorado Revised Statutes(C.R.S.)
1.The domestic entity name of the limited liability company is
Sand Dollar 77, LLC
(The name of a limited liability company must contain the tern or abbreviation
"limited liability company" "la liability company" "limited liability co.", -lid
liability co.", "limited lie."," "llc",or"lid".See f7-90-601, C.RS)
(Caution:The use of certain terms or abbreviations are restricted by law. Read instructions for more information.)
2.The principal office address of the limited liability company's initial principal office is
Street address 9750 County Road 78
(Street member and name)
Fort Collins CO 80524
(City) (State) (ZIP/Postal Code)
United States
(Province-ifapplicable) (Country)
Mailing address PO Box 658
(leave blank if same as strut address) (Street number and name or Past Office&u information)
Windsor CO 80550
(City) (State) (ZIP Postal Code)
United States .
(Province-if applicable) (Country) -
3. The registered agent name and registered agent address of the limited liability company's initial registered
agent are
Name
(if an individual) Steidl Eric
(Lass) (First) (Middle) (Sarffzr)
or
(if an entity)
(Caution: Do not provide both an individual and an entity name.)
Street address 9750 County Road 78
(Street member and name)
Fort Collins CO 80524
(City) (Slate) (ZIP Code)
Mailing address PO BOX 658
(leave blank if same as street address) (Street number and name or Pau Office Bus information)
ARTORG_LLC Page I of 3 Rev 12/01/2012
Windsor co 8.0. 550
(cur) Nast) FLIP Cock)
�,�'`following statement Is adopted by marking the bar.)
U The person appointed as registered agent has consented to being so appointed.
4.The true name and mailing address of the person forming the limited liability company are
Name
(if an individual) Steidl Eric
(Lau) (First) (Ad e) Pen)
oI
(if an entity)
(Caution: Do not provide both an individual and an entity name.)
Mailing address PO Box 658
(Street'weber and name or Ptur Office Bar information)
Windsor CO 80550
— — (CO) (Siam) (IJP/Postal Code)
United States .
(Province-If applicable) (Cowry)
(If the following statement applies.adopt the statement by marking the box and include an attachment)
Q The limited liability company has one or more additional persons forming the limited liability
company and the name and mailing address of each such person are stated in an attachment.
5. The management of the limited liability company is vested in
(Mar*the applicable bar)
one or more managers.
or
the members.
6.(The following statement is adopted by marling the bar)
0 There is at least one member of the limited liability company.
7.(lithe following statement applies.adopt the statement by marking the bar and include an attachment)
Q This document contains additional information as provided by law.
8.(Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has
significant legal consequences. Read instructions before entering a date)
(If the following statement applies,adopt the statement by entering a date and V.applicabk,nine wangg the required format.)
The delayed effective date and,if applicable,time of this document is/are
(m✓dOryyy hotermimae cow/pm)
Notice:
Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery,under penalties of perjury,that the document is the
individual's act and deed,or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing,taken in conformity
with the requirements of part 3 of article 90 of title 7,C.R.S.,the constituent documents,and the organic
statutes,and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part,the constituent documents,and the organic statutes.
ARTORG_LLC Page 2 of 3 Rev I2..1i C 1
This perjury notice applies to each individual who causes this document to be delivered to the Secretary of
State,whether or not such individual is named in the document as one who has caused it to be delivered.
9.The true name and mailing address of the individual causing the document to be delivered for filing are
Steidl Eric
(Last) (First) (A4dr®e) (Se'1x)
PO Box 658
(Street number and rmne or Post Office Box rrformauon)
Wind CO 80550
PO') (Slate) (IJP/Partal Code)
United States .
(Province-if appllrnbk) (Cranny)
(!f the fdlowmg statement applies,adopt the statement by marking the box and include an attachment)
�✓ This document contains the true name and mailing address of one or more additional individuals
causing the document to be delivered for filing.
Disclaimer:
This form/cover sheet,and any related instructions,are not intended to provide legal,business or tax advice,
and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy
minimum legal requirements as of its revision date,compliance with applicable law,as the same may be
amended from time to time,remains the responsibility of the user of this form/cover sheet. Questions should
be addressed to the user's legal,business or tax advisor(s).
ARTORG_1.1(- Page 3 of 3 Rev.12/01/2012
True Name and mailing address of people forming the Sand Dollar 77,LLC
Eric and Treva Steidl,JTWROS
PO Box 658
Windsor,CO 80550
John Carl Steidl and Zada Ann Steidl Declaration of Trust dtd February 28, 1995
Zada Ann Steidl,Trustee
PO Box 368
Windsor,CO 80550
Florence A.Spratt Revocable Living Trust u/a dtd February 18, 2004
Florence A.Spratt and Zada Ann Steidl,Trustees
PO Box 368
Windsor, CO 80550
True Name and Address of persons causing this document for the forming the Sand Dollar 77, LLC
Eric and Treva Steidl
PO Box 658
Windsor,CO 80550
John Carl Steid!and Zada Ann Steidi Declaration of Trust dtd February 28, 1995
Zada Ann Steidl,Trustee
PO Box 368
Windsor,CO 80550
Florence A.Spratt Revocable Living Trust u/a dtd February 18,2004
Florence A.Spratt and Zada Ann Steidl,Trustees
PO Box 368
Windsor,CO 80550
•
4186443 03/08/2016 12 30 PM
E-HEC'04�uEf' Total Pages 3 Rec Fee. $21 00 Doc Fee $91 00
ORIGINAL ATTACHED Carly Koppes - Clerk and Recorder Weld County, CO
SPECIAL WARRANTY DEED
THIS DEED is executed this 4th day of March, 2016, between JACOB W. HIRSCH, III,
Grantor, and SAND DOLLAR 77, LLC, whose legal address is P.O. Box 658 Windsor, CO 80550,
Grantee;
W1TNESSETH,That Grantor,for and in consideration of the sum ofNiue Hundred Ten Thousand
and 00/100 Dollars ($910,000.00), the receipt and sufficiency of which is hereby acknowledged, has
granted, bargained, sold, and conveyed, mod by these presents does grant, bargain, sell, convey, and
confirm,unto Grantee,and Grantee's successors and assigns forever,all the real property,togcthtx with all
improvements, if any, situate, lying and being in the County of Weld. State of Colorado, described as
follows:
SEE EXHIBIT A,attached hereto and by this reference incorporated herein;
also known by street and number as: 38973 WCR 2l,Fort Collins,CO 80524
TOGETHER WITH all and singular the hereditaments and appurtenances thereto belonging,or in
anywise appertaining,and the reversion and reversions,remainder and remainders,runs,issues,and profits
thereof,and all the estate,right,title, interest,claim,and demand whatsoever of Grantor,either in law or
equity,of, in,and to the above bargained premises, with the hereditaments and appurtenances;
TO HAVE AND TO I1O1,n the said premises above bargained and described with the
appurtenances, unto Grantee, and Grantee's successors and assigns forever. Grantor, for Grantor and
Grantor's heirs,successors,and assigns,does covenant and agree that Grantor shall and will WARRANT
AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of
Grantee,and Grantee's successors and assigns,,against all and everyperson or persona claiming the whole
or any part thereof,by, through or under Grantor,except for taxes for 2016 and those specific a oeption s
shown on Exhibit B,attached hereto and by this reference incorporated herein.
IN WITNESS WHEREOF,Grantor has executed this deed on the date set forth above.-
_ff L
J B W. HIRSCH,HI
STATE OF COLORADO )
) sg.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this 4s' day of March,2016,by Jacob W.
Inn ch,III.
Witness my hand and offtc.
My commission expires: O/ 7)
KRISTA tM.MAUSS
NOTARY PUSUC Notary Public
STATE Of COLORADO 0
NOTARY D 20014005842
MY COMMISSION COMM Q2l21/2011
EXHIBIT A
A PARCEL OF LAND SITUATE IN THE NE 1/4 OF SECTION 27,TOWNSHIP 7 NORTH,RANGE 67 WEST OF THE 6TH P.M.,
COUNTY OF WELD,STATE OF COLORADO,BEING MORE.PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE EAST LINE OF SAID NE 1/4 AS BEARING N 00°00'02"W,AND WITH ALL BEARINGS CONTAINED
HEREIN RELATIVE THERETO:
BEGINNING AT THE NE CORNER OF SAID SECTION;THENCE ALONG THE NORTH LINE OF SAID NE 1/4 S 89°57' 15"W,
A DISTANCE OF 1316.22 FEET;THENCE ALONG THE WEST LINE, S 00°01'41"W,A DISTANCE OF 2649.43 FEET;THENCE
ALONG THE SOUTH LINE OF SAID NE 1/4,N 89°40'45"E,A DISTANCE OF 1317.56 FEET TO THE E 1/4 CORNER:THENCE
ALONG THE EAST LINE OF SAID NE 1/4,N 00°00'02"W,A DISTANCE OF 2643.11 FEET TO THE TRUE POINT OF
BEGINNING.
***The Seller reserves one share of Capital Stock of the Water Supply and Storage Company. All Seller's rights,title, and interest in and
to the Austin Lateral Ditch Company are included ***
Form 13767 0112011 swd.odt Special Warranty Deed(Photographic) FCC25136890 I24361953I
EXHIBIT B
Property Address: 38973 WELD COUNTY ROAD 21 FORT COLLINS CO 80524
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.
RESERVATIONS MADE BY UNION PACIFIC RAILWAY COMPANY,IN DEED RECORDED AUGUST05 1890,IN BOOK 97
AT PAGE 126,PROVIDING SUBSTANTIALLY AS FOLLOWS: RESERVING UNTO SAID COMPANY AND ITS ASSIGNS
ALL COAL THAT MAY BE FOUND UNDERNEATH THE SURFACE OF LAND HEREIN DESCRIBED AND THE
EXCLUSIVE RIGHT TO PROSPECT AND MINE FOR SAME,ALSO SUCH RIGHT OF WAY AND OTHER GROUNDS AS
MAY APPEAR NECESSARY FOR PROPER WORKING OF ANY COAL MINE THAT MAY BE DEVELOPED UPON SAID
PREMISES AND FOR TRANSPORTATION OF COAL FROM SAME.
TERMS,CONDITIONS AM)PROVISIONS OF FINDINGS,CONCLUSIONS OF LAW AND DECREE RECORDED
OCTOBER 17,1953 IN BOOK 1371 AT PAGE 530.
RESERVATION OF AN UNDIVIDED 50%ROYALTY INTEREST AS SET FORTH IN DEED RECORDED JANUARY 28,
1983 AT RECEPTION NO. 1915902 IN BOOK 987
TERMS,CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED FEBRUARY 22, 1983 AT RECEPTION NO.
1918199 IN BOOK 989.
UNDIVIDED 75 %INTEREST IN AND TO ALL OIL,GAS AND OTHER MINERALS AND OTHER RIGHTS AS RESERVED
IN DEED,RECORDED JULY 14, 1983,UNDER RECEPTION NO.1933632 IN BOOK 1002,AND ANY AND ALL
ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
TERMS,CONDITIONS AND PROVISIONS OF EASEMENT DEDICATION EASEMENT RECORDED NOVEMBER 21,2002
AT RECEPTION NO.3007925 AND AMENDED FEBRUARY 28,2003 AT RECEPTION NO.3036935.
OIL AND GAS LEASE RECORDED DECEMBER 10,2012 UNDER RECEPTION NO.3895012 AND ANY AND ALL
ASSIGNMENTS THEREOF,OR INTEREST THEREIN.
AN UNDIVIDED INTEREST IN ALL OIL,GAS AND OTHER MINERALS LYING IN,ON OR UNDER SUBJECT
PROPERTY AS CONVFYF.I)IN INSTRUMENT RECORDED JANUARY 11,2016 UNDER RECEPTION NO,4171921.
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.1979784.
(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) PANHANDLE EASTERN PIPELINE COMPANY,RECORDED JUNE 26,1986 AT RECEPTION NO.2058722.
(K)UNITED POWER,INC.,RECORDED JANUARY 24, 1991 AT RECEPTION NO.2239296.
(L)WIGGINS TELEPHONE ASSOCIATION RECORDED OCTOBER 14,1992 AT RECEPTION NO.2306829.
Form 13100 082008 b2exhibitescrow odt FCC25136890 (24369449}
Weld County Treasurer
Statement of Taxes Due
Account Number R8947360 Parcel 070527100076
Assessed To SAND DOLLAR 77 LLC
PO BOX 658
WINDSOR,CO 80550-0658
Legal Description Situs Address
NE4 27-7-67 LOT B REC EXEMPT RECXI6-0082
Yew Tax Interest Few Payments Balance
Tax Charge
2025 S1,196.60 $0.00 S0.00 $0.00 S1,196.60
Total Tax(large S1,196.60
Grand Total Due as of 03 U9/2026 $1,196.60
Tax Billed at 2025 Rates for Tax Area 0430-0430
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 15.9560000• $231.69 AG-SPRINKLER S53,740 $14,510
NORTHERN COLORADO WATER 1.0000000 S14.52 IRRIGATED LAND
WINDSOR-SEVERANCE FIRE 8.5350000 $123.93 AG-WASTE LAND $18 $10
AIMS JUNIOR COLLEGE 6.3130000 S91.66 Total S53,758 S 14,520
CLEAR VIEW LIBRARY 3.5460000 S51.49
WEST GREELEY CONSERVATION D 0.4140000 $6.01
Taxes Billed 2025 35.7640000 S519.30
•Credit Levy
Tax Billed at 2025 Rates for Tax Area 0430.0430
Authority Mill Levy Amount Values Actual Assessed
SCHOOLDISTRF4-WINDSOR 46.6.460000 S677.30 AG-SPRINKLER S53,740 S14,510
IRRIGATED LAND
Taxes Billed 2025 46.6460000 S677.30 AG-WASTE LAND $18 S10
Total S53,758 S14,520
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE
LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES
CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE
FOLLOWING DATES, PERSONAL PROPERTY,REAL PROPERTY,AND MOBILE HOMES-AUGUST 1
TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK.
POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS.PAYMENTS MUST BE IN OUR OFFICE AND
Weld County Treasurer's Office
1400 N 17'"Avenue
I t) PO Box 458
IF Greeley, CO 80632
c c i • ; Phone: 970-400-3290 •
Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due
• issued by the Weld County Treasurer, are evidence of the status as of this date of all property
taxes, special assessments, and prior tax liens attached to this account.
Current year's taxes are due but not delinquent.
Signed: Date: AN- 9, )0.2"
DEPARTMENT OF PLANNING SERVICES
'! r - RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
co_u!1TY
Applicant: Sand Dollar 77 LLC c/o Eric Steidl RECX16-0082 Planner: Ryder Reddick
Legal Description: Being a part of the NE4, Section 27, T7N, R67W of the 6P P.M., Weld County, CO
Parcel ID#: 0705-27-0-00-022
Lot A Size: +/-2.75 acres Lot B Size: +/- 74.5 acres
Water Source: Lot A: NWCWD Tap#2235 Sewer System: Lot A: Septic Permit#SP-9800299
Lot B: Proposed NWCWD Tap Lot B: Proposed Septic
Criteria Checklist
Yes No
X 1 Conforms with Chapter 22 of the Weld County Code and
any adopted municipal plan.
X 2. Compatible with the existing surrounding land uses.
X 3. Consistent with the intent of the zone district.
X 4. Consistent with efficient and orderly development.
X 5. Complies with Recorded Exemption standards in Section
24-8-40 of the Weld County Code.
X 6. Provides for adequate protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County.
Approved with Conditions
The Weld County Department of Planning Services has determined through an administrative review that
the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is
approved with the following conditions in accordance with information submitted in the application and the
policies of Weld County.
1. 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.
2. Topographic or physical features of the proposed Lot A, 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.
RECX16-0082
Page 1 of 5
3. Prior to recording the plat:
A. The applicants are proposing a shared access for proposed Lot B across Lot B for the bennifit
of Lot B and the Lot with the address of 36841 County Road 21 directly to the south of Lot B
located in the city limits of severance (Parcel# 070527000013). The applicant shall submit to
the Weld County Department of Planning Services one of the following:
1) A recorded copy of any agreement signed by all of 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.
B. The applicants are proposing a shared access for proposed Lot B across Lot B of Amended
Recorded Exemption AMRE-3136 and Lots A and B of Recorded Exemption RE-1012. The
applicant shall submit to the Weld County Department of Planning Services one of the
following:
1) A recorded copy of any agreement signed by all of 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 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. Lot B shall comply with the thirty-five (35)acre net minimum lot size required by Section 24-8-
40.P. of the Weld County Code. Net acreage calculations should not include future road right-
of-way.
F. 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.
4. Items to be included on the plat:
A. The plat shall be titled: Recorded Exemption No. 0705-27-01 RECX16-0082.
B The applicant shall submit to the Weld County Department of Planning Services a recorded
copy of any agreement signed by all of 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 All approved accesses shall be clearly shown on the plat and labeled with the approved
access permit number (AP16-00247). The applicant shall contact the Weld County
Department of Public Works to determine if a culvert is necessary at any approved road
access point.
D County Road 21 is a gravel road and is designated on the Weld County Road Classification
Plan as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall
verify and delineate on the plat the existing right-of-way and the documents creating the
existing right-of-way. If the existing right-of-way cannot be verified it shall be dedicated. All
setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld
County.
RECX16-0082
Page 2 of 5
E. County Road 78 is a gravel road and is designated on the Weld County Road Classification
Plan as a local road, which requires 60 feet of right-of-way at full buildout. The applicant
shall verify and delineate on the plat the existing right-of-way and the documents creating
the existing right-of-way. If the existing right-of-way cannot be verified it shall be dedicated.
All setbacks shall be measured from the edge of right-of-way. This road is maintained by
Weld County. (Department of Public Works)
F. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on
the plat per the setback requirements of 23-3-50.E of the Weld County Code.
G. All recorded easements and rights-of-way shall be delineated on the plat by book and page
number or reception number.
5 The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located. Pursuant to the
definition of setback in the Weld County Code, the required setback is measured from
the future right-of-way line.
* No building or structure as defined and limited to those occupancies listed as Groups
A, B, E, F, H, I, M and R in Section 302.1 of the 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 twenty-five-foot radius of any plugged or abandoned oil and
gas well. Any construction within a two-hundred-foot radius of any tank battery or one-
hundred-fifty-foot radius of any wellhead shall require a variance from the terms of this
Chapter in accordance with Subsection 23-6-10.0 of this Code.
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-20.C.1
of the Weld County Code.
4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres
net unless approved by the Weld County Board of Commissioners in accordance with
Section 24-8-40.P. of the Weld County Code.
5) 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.
6) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lot B has an adequate water supply of sufficient
quality, quantity and dependability.
7) The property owner shall control noxious weeds on the site.
8) The historical flow patterns and runoff amounts will be maintained on the site
9) 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.
RECX16-0082
Page 3 of 5
10) Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County-Wide Road Impact Fee Program.
11) 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.
12) Potential Purchasers are hereby notified that a confined animal feeding operation is
located directly east of the intersection of County Roads 19 and 78. Off-site impacts
that may be encountered include noise from trucks, tractors and equipment; dust from
animal pens and odors from animal confinement, silage, and manure.
13) 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.
14) 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
and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and
supplies to assist in their agricultural operations. A concentration of miscellaneous
agricultural materials often produces a visual disparity between rural and urban areas
of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall
not be found to be a public or private nuisance if the agricultural operation alleged to
be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved"out of the way"
of residential development. When moving to the County, property owners and
RECX16-0082
Page 4 of 5
residents must realize they cannot take water from irrigation ditches, lakes, or other
structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles
in size (twice the size of the State of Delaware) with more than three thousand seven
hundred (3,700) miles of state and County roads outside of municipalities. The sheer
magnitude of the area to be served stretches available resources. Law enforcement is
based on responses to complaints more than on patrols of the County, and the
distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers
who must leave their jobs and families to respond to emergencies. County gravel
roads, no matter how often they are bladed, will not provide the same kind of surface
expected from a paved road. Snow removal priorities mean that roads from
subdivisions to arterials may not be cleared for several days after a major snowstorm.
Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban
setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical
power for pumps and center pivot operations, high speed traffic, sand burs, puncture
vines, territorial farm dogs and livestock, and open burning present real threats.
Controlling children's activities is important, not only for their safety, but also for the
protection of the farmer's livelihood.
6 The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County
Code. The applicant shall submit one (1) electronic copy or one (1) paper copy 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 recorded in the office of the County Clerk and Recorder by the Department of
Planning Services. The Mylar plat and additional requirements shall be recorded within sixty (60)
days from the date the administrative review was signed. The applicant shall be responsible for
paying the recording fee.
7 In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required sixty (60) days from the date the Administrative Review was signed
a $50.00 recording continuance charge shall added for each additional 3 month period.
8 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 .tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to maps@co.weld.co.us.
9 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.
c
By: ` a Q_t 1 • A f�,y Date: July 6, 2016
Ryder Reddick,Planner
RECX16-0082
Page 5 of 5
Hello