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Home My WebLink About20242028.tiffRESOLUTION RE: APPROVE PARTIAL VACATION, VAC24-0008, OF TWO -LOT RECORDED EXEMPTION, RE -3672, FOR REMOVAL OF LOT B - PAUL AND CRYSTAL ESH 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, on October 27, 2003, the Department of Planning Services approved Two -Lot Recorded Exemption, RE -3672, and WHEREAS, the Board has received a request from the current property owners, Paul and Crystal Esh, 46715 County Road 19, Nunn, Colorado 80648-9714, represented by TSD Surveying, 13013 County Road 86, Pierce, Colorado 80650, to vacate Lot B of Recorded Exemption, RE -3672, located on the following described real estate, to wit: Lot B of Recorded Exemption, RE -3672; being part of the E1/2 SE1/4 of Section 28, Township 9 North, Range 67 West of the 6th P.M., Weld County, Colorado 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 the 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 partial vacation, and makes the following findings: 1. No property will be left without access to a public road right-of-way as a result of the vacation. 2. No property resulting from the vacation will continue to use any access across any other lots within the exemption plat. 3. No existing easements are affected by this vacation of Lot B of Recorded Exemption, RE -3672. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Paul and Crystal Esh, for Partial Vacation of Two -Lot Recorded Exemption, RE -3672, for removal of Lot B, be, and hereby is, approved, subject to the following condition: CC: PL (EA/MNIDA), ASR(SG), APPL „APR -RE?. 01O2.6/2,1 2024-2028 RE -3672 PARTIAL VACATION, VAC24-0008, OF TWO -LOT RECORDED EXEMPTION, RE -3672, FOR REMOVAL OF LOT B - PAUL AND CRYSTAL ESH PAGE 2 1 As described in Sections 24-11-50.H and 24-11-50.1 of the Weld County Code, the applicant shall submit an exemption vacation plat and deed to the Department of Planning Services within ninety (90) days for review. Upon acceptance, the plat shall be signed by the property owners and shall be submitted for recording, along 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. Any easement created by dedication on the original plat for Recorded Exemption, RE -3672, and not vacated herein, shall be rededicated on the exemption vacation plat in the signed Property Owner's Certificate. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of July, A.D., 2024. BOARD OF COUNTY ('COMMISSIONERS ATTEST: .....W.d://4/O Weld County Clerk to the Board Byd-ttivErill .v.)cuu5rEie Deputy Clerk to the Board APP •VE�i� AFL unty A torney Jz4 Date of signature: III WELD C Kevin Y, COLORADO p oss, Chair Perry L. Bucl'ro-Tem ♦��"' '�; i ike Freeman RAATI _ • Saine 2024-2028 RE -3672 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Weld County Board of County Commissioners From: Eric Sheley, Planner Subject: Partial Vacation of RE -3672 Hearing Date: July 29, 2023 Owners: Paul and Crystal Esh Representative: TSD Surveying c/o Tyler Dreman 13013 County Road 86, Pierce CO, 80650 Legal Description: Lot B of Recorded Exemption RE -3672; being a part of the E2SE4 of Section 28, T9N, R67W of the 6th P.M., Weld County, CO Location: West of and adjacent to County Road 19; North of and adjacent to County Road 100 Parcel Number: 0453-28-4-00-018 Total Parcel Size: +/- 64.28 acres Zone District A (Agricultural) Summary: The applicant requests to vacate Lot B, being the largest lot of the Two -Lot Recorded Exemption RE -3672, recorded December 2, 2003, reception #3131356. This partial vacation of Lot B of RE -3672 would result in an approximately 64.28 acre unplatted parcel. Lot A of RE -3672 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. A 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. Vacation of Lot B of RE -3672 I Esh Page 1 of 2 2024-2028 1-31111. 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. Vacation of Lot B of RE -3672 I Esh Page 2 of 2 To whom it may concern, I am applying for a Plat Vacation on behalf of my client, Paul and Crystal Esh, to vacate parcel no.'s 045328200028, 045328100001 and 045328400018 also known as Lot D of Recorded Exemption No. 0453-28-2 RECX19-0060, Lot D of Recorded Exemption No. 0453-28-2 RECX19-0061, and Lot D of Recorded Exemption No. 0453-28-2 RE -3672. We have submitted the application and all supporting documentation, including the draft plat. We humbly request that the application be reviewed, and please reach out if there is anything else needed to complete the vacation. Tyler Dreman, PLS TSD Surveying VACATION PLAT OF LOT B, RECORDED EXEMPTION NO. 0453-28-2 RE -3672 LOCATED IN THE EAST 1/2 OF THE SOUTHEAST1/4 OF SECTION 28, TOWNSHIP 9N, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN COUNTY OF WELD, STATE OF COLORADO IFGAL OFSCRIPTION TO RE VACATED R. E%EMP110N u0. 0153-IB-. RE -36]T ACCORDING TO ME PLAT RECORDED DECEMBER 03, 20 3 uN0 PHON N0. J1Jt JTM.RSIN OF THE AST 1/I Df HE SOU THEASi 1/5 Of SFCTOu Ie, teWNSHIP 9 NORIN, ER RANGE 6] WEST OE 6TH P YpRCOuxtt OfE WELD. STATE IOF COLORADO. IFGAL OFSCRIPTION AFTER VACATION pFING PART OF THE EA51 1/I Oi TnE SOUTHEAST Ip5 OF SECTION IB Arr., IP 9 NORM ANGE 6I WEST OF THE 6T1 .M.. COUNTY OF WELD. STATE OF COLORADO. MORE ARTICULARLT DESCRIBED AS fOLLOW5; COMMENCING Ai 1HE SWTHEACT CORNER OF SAID SECTION T8, AL50 BEING THE PGINT Of BEGINNING; THENCE ALONG THE SOUTx LINf OF THE EAST 1/R Di THE SOUTHEAST 11 Of SAID SECTION TB NOR IN 8)VS'50' WEST A DISTANCE t,J3].68 FEET TO THE EAST 1/26 CORNER OF SAID SECTION Te: THENCE ALONG iNE WEST LINE OE LHE EAST 1/T a THE WTnEASi I/1 G< SAID SECTION TB NIXtTN 01'J5'13' EAS1 A DISTAUCE OF T.TDD.t> FEE T: THENCE OEVARiING SAID WEST LI ON i OF BEGINNING: CONTAINING RUTH Ot']J'J9' WEST A DISTANCE DF 6].]]8 ACRES uDRE OR LEBS 5ORVFYOR'S NOTES I6 PLAT WAS CREATED i0 VACATE LOi 6 OF RECORDED E%EMPTION NO. OISJ-TD-• RE-J6)I RECORDED ON OECENdER I. TDD] UNDER RECEPTION Ne. ]1]1]56 2. TSD SURVEWNC RELIED UPON RE ND DISTANCES FR04 RECORDED E%EMPTION N0. 015]-28-2 REC%19-0060 RECORDED ON DECEMBER 2, TOD3RUNDER RECEPTION NO. ]131]56 ALTERS OR DEFACES 7 PUBLIC LAND SURVEY n'OTT OR LAND BOUNDARY YWU4ENT OR ACCESSgty COMMITS A CLASS TI1U (I) MISDfMFANOR PURSUANT TO STATE STATUC 1e -5 -soft, c.a.s. BEARINGS ARE BASED Ox THE SOU TR LNE Oi ME EAST t/T D< 1HE SWiXEA51 t/1 OF IP NORTH. RANGE 6) WEST OF THE bin M. SAID LINE BEARING NORM 8]95'50' WEBT BE IWECN ISO CWN YONUUEui5 Ou THIS SURVEY, AUD WITH ALL OTHER BEARINGS CW iAINEO HER[IN REl6TIVE THERETO. LINEAR DISTANCES SHOWN HEREd5 ARE IN U.S. SURVEY FEET. NOTICE. v LEGAL ACTON BASED UPON A Y BEFECi IMP iH SIIFVEv WITHIN THREE YEARS AFTCR YOU FIRST DISCOVERED SUCH DEFECT IN NO EVENT YAY ANY ACTION LXO a ON ANY DEFECT BC <OYMENCfO MORE HA TEu YEARS FROu HE DALE OF CE R IIFICAl10N SHOWN HEREON. I cWE1. THE D cA 51 BEING 1HE ED PAUL E. CWN1Y Or WELD IfILA1lON WAS no HE PROPER RE LR iDAcouHTv ISNPLA� HE Eq AY ARE NOT CT CRYSTAL ESH DGED BEFORE ME THIS __DAY OF, ,20 OT ARv P LHIS vACAl10N PL T IS APPROVED DY W TxE55 MY HAxDA AND THE CORPORATE SEAL OF WELD t CHAIR, BOARD OE COUNTY COMMISSIONERS NT v COMMISSIONERS OF WELD COUNTY. STATE OE COLORADO. THIS __ OAT CA _____, I WLLO COUNTY CLERK i0 THE BOAFO DEPUTY LEER% TO THE BOARD DATE o. 200 100' 600' SCALE: 1'. = 200' I, TYLER OFEMAN A REGISTERS AT LEGEND CENTER -FAST t/t6 CORNER 530, i9N, fl6)W I I/I' S.1' M CAP W A N0. fi REBAR FAST 1/1 CdtNER SIB, T9x, R6]W STAMPED 10)10 I :Ti ALUMINUM CAP ON A ND. 6 RFBAR 00'5,16' E. 1322..6' STAMPED 10]10 to L01 A qe NOi APART gI al 88'55'16' C, 131TDo CATEO W By RESOLUTON NO. 1031-_ __ Or iNE BOARD Or CWNTT COMMISSIONERS Or WELD COUNTY VACATED LOl 0 ARE C]e]I 6].3 RES CROSS TY REC (BgSis OF BEARINC)6 EASE 1/t6 CORNER SID, i9N. R6JW 00.00 SIAMP•FO LSOIBUM CAP Ox A x0.6 REBAR SSIONAL LAND SURVEYOR IN THE Si DF COLGRADO, 00 HEREBY CfRTiY THAI WAS MADE UNDER MY PERSONAL SUPERfI AND iH Au FUR iHER GERTFY 1H AT THE SURVEY AND THIS PLAT COMPLYMIMTML^LEIS WS t1F 1HE SiATF a CHP'aF O, STATE OVAL ENGMEEa5 Ax0 ROFE590NAL LAND SURVEORS, ANO WELD COUNTY. TYLER DREMAN, PLS. 08].29 DATE SOUTHEAST CORNER 5280, i9 R6]W S1AUPED L]016TM CAP N ANNO. 6 REBAR as w an �a N€a O/ / S V/ hAPRIL 1, 2021 YUE TAT i,01 TSD A.M. TSO WUTRi OFt 1111111 NII IIN Illlnl III IIII�II IAN III IIIII lul IIII of s anlmronwp peen aaan. cp +el . po.m�naN°".w pxWs RECORDED EXEMPTION NO. 0453-28-4 RE -3672 see•J<•1B"E IJTaws• A sbB•J<•16"E lJ11.61' �OTB B>. Jon acP[5 NB^05'50"W IJTJ66' WELD COUNTY ROAD N0. IGO SCALE: I"100' Tao 0 100 H IfHIH If 1 cRAPrAC scut - rErr aoo Bea l I LEGAL DESCRIPTION: 1 er IM syufn«. SURVEYOR'S CERTIFICATE: a RufM!Iwe, o Regisrors0 Pm I«. .prosronrof°�an in0tl...e�iMroium� ron +p 9Nwfh Rergs s>w«f o!M. Bm P. orW L«e 9vrwyoro, end Weld County ''�� aswvwa 121 14,,,, 5028�''�6j COMIya Ae9isrere0 P.E R LS hb. 5018 PROPERTY OWNERS CERTIFICATE. e, fM unarsgnM, e,in9 owpro !n I« of foe a6ew aewlne0 OroprtY a nsronY avediaiee fns nme « a'ownon me pne pryr. we anaWareM rnia p.op.fr i, I«wn m rlyry m,w. a+.rnn ane ,. alm M an b p.e.le. owe, h. fM ronapf e/ owner ana Fr !Wnr, °�yaen a qnd . r apaM+.a�ew. int o/ On, 9• c M 9roro a Cebrva, a M1rrehy rortn endm Inn Mo an i. on w �aamnpne .;M ml vprkca. Regisfmtbn /w P!ehasionel ErgMa,rs mfa a/ cey , s' WnrY „1-2, ]M !o!e9oM9 prti/kofim was ocknewleepetll wro,: nL- oP- Zdol G Pue(lC a rnaAlst. ear e/ ii/.vEmrtfi� 1oa�. P/E^"hCA (N0TAP" CERTIFICATE OF APPROVAL BY THE DEPARTMENT OF PLANNING SERVICES - ADMINISTRATIVE REVIEW.. 1 ILA ebma CpnfY al Weld J'S' rortiMofbn wa aro 4,5100 enee19. 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PofmUor pwaM«.a ,Mule M ewro ItiM Mf B may «I a rpplae hr a amrofk wen 7 7 Mkn akws M outYee imi9ofkn an%w wNerirg e! afock anlmab. Ilrs Sfvh Orvbbn eI Mw Rnwmee ivpa en call permifa. �o.e a fmp. cdemeys�k M o.ma fMe pfoeneweee. ,tenor mn .x ainM'np wyror wbney,da oa wait Hroxh me EnNw A a yaic Rrorn one E m.nf. m. w.ld cyuny apartm.nf ar emwmpfion ane yadoeicelH tMro �Me!ancwrapea wan uesre fa f«f fhe(r dn'Mirq refer p!iw b 1. Porenfivl pumM1oasro aM1ouH M awen Inef appmwl e/ foie RscvN,e Ewmydp eon net puymnr« uroae roro ebfe n e pial�pamdf. /Ine SYefe rov1 Werfe� rnyrona,uaarol�lprmifaf owner is B. PMr fo foe Mon o! dritlinq ps.mrcs !w wry rtrvcfuro eweMlnp J.600 aauero /«�, tM apk'canl moan eempy .nn fF. roy�rommro o/ Momero III -a o/ fM unnynw cu. tea. 9�neab no,kw w.we emr en rn. p!oprtr a! e..en�. praul.nw p e �.,,,rc el na y/opw CM1epfx IS, A!f ble yl orb o! fM1eWeM Iounty Oea. aa /er c«balirq fM noxiep •«a, propnf b IO. y hen sfrvcofuro oI Me�unty Rem ImpwrlPrvglom. onp 100�s 11 I ne �equirad M ndnere J.5-103, CR.5., pmHeea that on apr+cuttuml eprofione anon oaf M IouM fn M o pvnlir n on^ye n IM.,o° oamr��loroe�%lrn �uromfMor nn,alu�'rr�n en'prora m.mxa w yroafkaa VICINITY MAP sc.E SITE - 4W qyq O y rUY of s, ONE o ONE APPROVED FOR CONSTRUCTION: Notice Pursuant to Section 24-11-50.1.1 of the Weld County Code, the following matter will be considered on the Consent Agenda of the Weld County Board of Commissioners and no public testimony shall be heard unless it is removed from the Consent Agenda and placed on the regular Agenda by action of the Board, with said public hearing to be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the date and time specified below. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. Email messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your email correspondence into the case file, please send a copy to egesick@weld.gov. Hearing Date: July 29, 2024 Hearing Time: 9:00 a.m. Applicant: Paul and Crystal Esh 46715 County Road 19 Nunn, Colorado 80648 Request: Partial Vacation, VAC24-0008, of Two -Lot Recorded Exemption, RE -3672, for Removal of Lot B Legal Description: Lot B of Recorded Exemption, RE -3672; being part of the E1/2 SE1/4 of Section 28, Township 9 North, Range 67 West of the 6th P.M., Weld County, Colorado Location: West of and adjacent to County Road 19; north of and adjacent to County Road 100 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: July 17, 2024 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RE -3672 Owner SAMUEL AND ELIZABETH ESH PAUL AND CRYSTAL ESH ATTN TYLER DREMAN TSD SURVEYING Address 49415 COUNTY ROAD 19 46715 COUNTY ROAD 19 City NUNN NUNN 13013 COUNTY ROAD 86 PIERCE State CO CO Zip 80648-9715 80648-9714 CO 80650 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the Notice, in accordance with the notification requirements of Weld County for Partial Vacation of Recorded Exemption, RE -3672, in the United States Mail, postage prepaid First Class Mail as listed above. co ru a a a a O 0" r-1 1 ru a N Dated the 17th day of July, 2024. Vtk. uDaALdiJC Janet M. Warwick Deputy Clerk to the Board U.S. Postal ServiceTM CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com . F S E Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) O Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery ❑ Adult Signature Required $ Adult Signature Restricted Delivery $ Postage Total Postage and Fees S Stre City, Postmark Here �I�zabcdl, Eash sNo TJvctd iq PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions • - -S COMPLETE THIS SECTION ON DELIVERY a as 0) U) Q X Addressee C'. 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O O CO LL 0 cr O IT" II O a al a N ri r 1 ru O N - - • U.S. Postal Service' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com OFFICIA USE Certified Mail Fee $ Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ O Return Receipt (electronic) ❑ Certified Mail Restricted Delivery ❑ Adult Signature Required $ Adult Signature Restricted Delivery $ Postage ZZ9!deThler and Ices S PS Form 3800, April 2015 PSN 7530.02-OO0.9047 Sye D Nia ZIP_+46 Postmark Here n See Reverse for Instructions w a) a) u) 4' C < Q ❑ ❑ a) O 0 O >Lz ed by (Printed Na D 'D O E 1 O cn L u) L c D `^ a) u) .- 22 a) -0 -O ti ) a:g a) a)w } CD 4- cri �D CV r E a) C) a 0 U A9 ■ a) ai 2 .Q 1 s 0 a I-s 0 C O O 'f -v) V)O t2 co 0 E o O > a -ate co U t - cU C O a 'V a) E C -a 44 C U U O .ia) o 4_, -'-j ata ..c -gig o.i 4-1 S- _ co < 0 I O 0 C) a a t T Q"-') J v C C 3) a� X cv cn 22 13 2L. 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Article Number (Transfer from service label) ru O U' a U. a 0 to CJ a feR ru a Domestic Return Receipt CID 03 I CD th 0 CO z (1) a O cp CV CU PS Form 3811 U.S. Postal Service' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information. visit our website at www.usps.com . r,ccMCIQ Certified Mail Fee use Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ ❑ Certified Mall Restricted Delivery $ Adult Signature Required $ Adult Signature Restricted Delivery $ Postage Total Postage and Fees Postmark Here Sat andAp I orA _Bo�r y� . W tC. A `7 I piled I CI tfrtI h Cr tate, Z(P+4� nn : b , B -ci'? I PS Form 3800, April 2015 PSN 7530-02-000-9047 • r See Reverse for Instructions WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/1/2024 9:19:16 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. fail00.I6cit. l I I V -I Signature Date Property Owners Within 500 Feet of Parcel # 045328400018 Account Parcel Owner Mailing Address R0317186 045327000009 VARRA DIANNA F R0317186 045327000009 VARRA THOMAS E 9080 COUNTY ROAD 102 NUNN, CO 806489711 R0317286 045327200010 VANKEMPEN DAVID D 49636 COUNTY ROAD 19 NUNN, CO 806489715 R8965229 045328100001 ESH CRYSTAL R8965229 045328100001 ESH PAUL 46715 COUNTY ROAD 19 NUNN, CO 806489714 R2980204 045328100019 MURPHREE SUSAN H R2980204 045328100019 MURPHREE MICHAEL A 49585 COUNTY ROAD 19 NUNN, CO 806489715 R2980304 045328100020 MURPHREE SUSAN H R2980304 045328100020 MURPHREE MICHAEL A 49585 COUNTY ROAD 19 NUNN, CO 806489715 Parcels: 10 Owner Records: 18 Page 1 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/1/2024 9:19:16 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. OCUA (.tiGA tortic ,- ( I Z-1 Signature Date Property Owners Within 500 Feet of Parcel # 045328400018 Account Parcel Owner Mailing Address R2723304 045328400017 Lap ESH ELIZABETH R2723304 045328400017 1.ttk A ESH SAMUEL 49415 COUNTY ROAD 19 NUNN, CO 806489715 R2723404 045328400018 3 ESH CRYSTAL L R2723404 045328400018 W"1-3 ESH PAUL S 46715 COUNTY ROAD 19 NUNN, CO 806489714 R3989706 045333100026 SMITH VICTORIA R R3989706 045333100026 LATHROP P SMITH III AND VICTORIA SMITH REVOCABLE TRUST 8860 COUNTY ROAD 100 NUNN, CO 806489755 R8945123 045333100028 RAMOS SUSAN J R8945123 045333100028 GORDON LUCINDA M 8594 COUNTY ROAD 100 NUNN, CO 806489755 R2648903 045334200019 BARNES JAMES L 2862 DEMING BLVD CHEYENNE, WY 820015746 Parcels: 10 Owner Records: 18 Page 2 of 3 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/1/2024 9:19:16 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 045328400018 Parcels: 10 Owner Records: 18 can l.liQn ta i a rein izeti Signature Date Page 3of3 PLAT VACATION APPLICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS FOR PLANNING DEPARTMENT USE: DATE RECEIVED: AMOUNT: $ CASE # ASSIGNED: APPLICATION RECEIVED BY: PLANNER ASSIGNED: PLAT INFORMATION Title of plat to be vacated: Recorded Exemption No. 0453-28-4 RE -3672 ['Complete Vacation (must include all lots) OPartial Vacation (vacated lots must be over 35 acres each) List of lots to be vacated: Lot _ Parcel Number Acreage Affected Easements S 28 T9N R67W B 045328400018 67.34 NONE PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: Paul and Crystal Esh Company: Phone #: 970-567-7505 Email: countrybeaut2002@yahoo.com Street Address: 46715 COUNTY ROAD 19 City/State/Zip Code: Nunn, CO 80648 APPLICANT/AUTHORIZED AGENT (Authorization form must be included if there is an Authorized Agent.) Name: TYLER DREMAN Company: TSD Surveying Phone #: (970) 590-2197 Email: tylerdreman@gmail.com Street Address: 13013 COUNTY ROAD 86 City/State/Zip Code: PIERCE, CO, 80650 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. 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 partial vacation of recorded exemptions or subdivision exemptions. �' 03/28/2024 Signatur2Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date TYLER DREMAN Pint: Owner or Authorized Agent Print: Owner or Authorized Agent AUTHORIZATION FORM I, (Vile), Paul and Crystal Esh (Owner — please print) DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1402 NORTH 17TM AVENUE PO BOX 758 GREELEY, CO 80632 give permission to TYLER DREMAN (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: 045328200028,045328100001 and 045328400018 Legal Description: Lot B RE -3672 and of Section 28 , Township 9 N, Range 67 W Subdivision Name: LOT D RECX19-0060, Lot D RECX19-0061 Lot N/A Block N/A Property Owners Information: Address: 46715 COUNTY ROAD 19 Nunn, CO 80648 Phone: 870-067-7505 E-mail: countrybeaut2002©yahoo.com Authorized Agent/Applicant Contact Information: Address: 13013 COUNTY ROAD 86, PIERCE CO, 80650 Phone: (970) 590-2197 E -Mail: TDREMAN@ATWELL-GROUP.COM Correspondence to be sent to: Owner ! L Authorized Agent/Applicant EL by: Mail Emaii_EL Additional Info: N/A 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 to the best of my (our) knowledge. Date 1://5/c2 9 Owner Signature a finer Signature Subscribed and Awom to before me this c' ' day of /4,r,7 , 20 2 L1 by C c c ,art, : �„ l S' Est,. I f �.. Date `,/-5-/P Dag My commission expires /7 — /t7 — Z 0 2 B� MICHAEL A. KATALENIC NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20184045151 MY COMMISSION EXPIRES DECEMBER 10, 2028 Notary Public Weld Statement County of Due Treasurer Taxes Account Number R2723404 Parcel 045328400018 Assessed To F.SH PAUI. S 46715 COUNTY ROAD NUNN. CO 80648-9714 19 Legal Description PT E2SE4 28-9-67 LOT B REC EXEMPT RE -3672 EXC OG&M (2.43R) Sims Address Year Tax Interest Fees Payments Balance Tax Charge 2023 $124.12 $0.00 $0.00 $0.00 $124.12 Total Tax Charge $124.12 Grand Total Due as of 03/28/2024 $124.12 Tax Billed Authority WELD COUNTY SCHOOL NUNN FIRE AIMS JUNIOR HIGH PLAINS WEST GREELEY Taxes Billed * Credit Levy at 2023 DIST Rates for Tax Area 0915 RE9-AULT COLLEGE LIBRARY CONSERVATION 2023 - 0915 Mill Levy Amount 12.0240000* $30.30 23.2820000* $58.68 4.0000000 $10.08 6.3360000 $15.96 3.1960000 $8.06 0.4140000 $1.04 Values AG -DRY FARM LAND Total $9,550 Actual Assessed $2,520 $9,550 $2,520 49.2520000 $124.12 ALL LIENHOLDER CHANGES FOLLOWING TAX POSTMARKS PROCESSED TAX LIEN LIEN SALE OR TO MAY OCCUR DATES: SALE REDEMPTION ARE BY THE AMOUNTS NOT ADVERTISING AND PERSONAL ACCEPTED LAST THE BUSINESS AMOUNTS ARE SUBJECT AND TREASURER'S PROPERTY, ON TAX DAY DISTRAINT TO REAL THE CHANGE OFFICE BE SALE PROPERTY, PAID MONTH. WARRANT BY REDEMPTION WILL DUE CASH FEES NEED TO AND ENDORSEMENT OR TO PAYMENTS MOBILE CASHIER'S BE CONTACTED HOMES CHECK. PAYMENTS OF - CURRENT AUGUST PRIOR MUST TAXES TO 1 REMITTANCE BE IN BY THE AFTER THE OFFICE AND OUR MUST LIEN OF issued Signed: Weld special 1400 PO Phone: Weld Greeley, County Current Box County County N 17th v 970-400-3290 assessments, 458 CO Treasurer's Avenue 80632 Subdivision year's ant are taxes -4 and evidence Office Ordinance, are prior due tax of liens but the attached the status attached not delinquent. as Date: Statement of to this this account. (j) date of of all property poi, Due �� - t�l fir" the L�'� i Weld Oa tai r�� r. '. ------" r to Pursuant � by _l in JAL the taxes, Taxes Treasurer, tk 1400 N. 17th Avenue, Greeley, CO 80631' or PO Box 458, Greeley, CO 80632. (970) 400-3290 Page 1 of 1 O@ �O @20 O � X%s 2 ce Th%eed, made May 2, 2013 Between Carli J. Ystaas and C grantorfsl and Paul S. Esh a Stal L. Esh, as Joint Tenants w egal address is 46715 County road oun rimer, and State of COLORADO, gr U WITNESS, That the gran • r, fo and in the consideration of the su of 1Y THOUSAND DOLLARS AN b100's 1050,000.001 the r nd sufficiency of which is hereby edged, has granted, bargained, so onveyed, and by these pres fZ, • es grant. bargain. sell, convey and , unto the grantee. their heirs an s Forever, all the real prop 7 . they with improvements, if any, s' ving and being in the County of W to of COLORADO described QA RANTY DEED 3931 t J1 05/10/2013 03:1 �I Ttaages: 1 Rec Fee: 00 Doc Fee: $5.0 e Moreno - Clerk ecorder, Weld Co State of North Dakota, WS. J. Ystaas of the County Op Lo corded Exemption No. 045 4- RE -3672 Recorded Decem��', 2003 at Reception 4 31356, being a part of the E1/4 of Section 28, Townshi,' } ' orth. Range 67 West of the 6th P.M., County of W,State of Colorado. oQ� CO 0 o, also known by street t4R ber asTBD Weld County Ro ;hy , Nunn, CO 80648 TOGETHER with all :. gular hereditaments and appurte F , thereunto belonging, or in anyw .:ertaimng and the ravers aversions. remainder and remain nts issues and profits thereof, and . estate, nght, title. inter.. and demand whatsoever of the gr either in law or equity, of, in and rti bove bargained premises, h a hereditaments and appurtenances? TO H W TO HOLD said premises above b d and described, with the appurte• -: s, unto the grantee, his het assigns forever. And the grantor, self. his heirs and personal repres es, does covenant, grant, b n and agree to and with the grant s heirs and assigns. that at the tim t e ensealing and delivery of 4these presents, he is we31 seized of ipremisas above conveyed, has good, she, perfect, absolute and indefeasible _il estate of inheritance, in taw, in fe le, and has good right, full power rue, authority to grant, bargain, seKT, and convey the same In manse orm as aforesaid, and that the cam ee and clear from all former and cffffg?� grams, bargains, sales, liens . assessments, encumbrances and ions of whatever kind of nature s except for taxes for the rre year, a lien but not yet due and yob , and those specific Exceptions d cr bed by reference to recorde menu as reflected in the Title Doc accepted by Buyer in accordant section 8.1 {Title Review) contract dated April 4, 2013, be he parties. SUBJECT TO Deed of n Favor of Farm Credit Se f ' ountain Plains in the original aci7 f 572,500,00, recorded May 30, 2Q cording No. 3341608, rantee hereby agrees to assume ay, shall and will WARRANT AND FOR n of the grantee, his heirs and ass rt thereof. The singular number sha be applicable to all genders. IN WITNESS WHEREOF, the grant ov SELLERS; op� ST h;E OF North D NTY OF OV V The foregoing mscrum Chad J. Ystaas, Witness my hand arid,_ ial seal. ut EFEND the above -bargained premis he quiet and peaceable Sagainst all and every person or pens idly claiming the whole or �\y lode the plural, the plural the sin uia d the use of any gender shall ed this on the date set forth 4 �aat Chad J. Ystaas 'edged, subscribed and sworn to Y A GOURLIE N l h� URIC. STATE OF NORTH DA COMMISSIONEXPIRES'' 821.�s me May 1.2013 by Carl) J. Ystaay3 / Public My Commission e e I �O' )DL' O��o ESCROW NO 59x-H9369333.ogI�4 o4 U V 3< '�� o @0 �o� e' 9 e � 9'C) 6D 6o e fttiCh Wine COLORADO Cop, DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Chad and Carli Ystaas RE -3672 I Planner: SL Legal Description: E2 SE4 Section 28, T9N, R67W of the 6' P.M., Weld County, Colorado Parcel ID #: 0453 28 400013 Lot C Size: nla Lot B Size: 65 +I- acres Lot A Size: 15 +1- acres Water Source: Well Sewer S stem: Se tic Yes No X X X X X Criteria Checklist 1 Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. 2. Compatible with the existing surrounding land uses. 3. Consistent with the intent of the zone district. 4. Consistent with efficient and orderly development. 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 Individual Sewage Disposal System (I.S.D.S.) regulations. Tne Applicant has proposed a well as the source of adequate water for Lot Lot B. Property owners are advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services encourages property owners to contact the Office of the State Engineer, Division of Water Resources (1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each individual situation. • 3. Prior to recording the plat: A. The plat shall be titled: Recorded Exemption No. 0453-28.4 RE -3672 B. If the applicant is proposing a shared well, a joint ownership, access and/or operation maintenance agreement shall be submitted to the Department of Planning Services. This agreement shall be delineated on the plat and an appropriate certificate using the language set forth in the Weld County Code, Appendix 24-F.E shall be included. C. Lot A shall use the existing residential access point as no additional accesses shall be granted. D. Lot B shall use the existing agricultural / oil and gas / ditch road access points necessary for agricultural operations as no additional accesses shall be granted. E. All approved accesses shall be clearly shown on the plat. F. County Road 19 is designated on the Road Capital Improvement plan in the County Wide Impact Fee Code Ordinance, Section 20-1-30, as a local gravel road, which requires 60 feet of right-of- way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of County Road 19 shall be delineated right-of-way on the plat. This road is maintained by Weld County. G. County Road 100 is designated on the Road Capital Improvement plan in the County Wide Impact Fee Code Ordinance, Section 20-1-30, as a collector status road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 40 feet from the centerline of County Road 100 shall be delineated on the plat as right-of-way reservation for future expansion of County Road 100. This road is maintained by Weld County. H. The West Greeley Soil 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. I. The applicant shall address the requirements of Weld County School District RE -9 as stated in the referral response dated September 12, 2003. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. J. 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. K. 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, H, I, M and R in Table 3-A of the 1997 Uniform Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead. 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 the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) 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. 4) 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. 5) Potential purchasers should be aware that Lot B may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The State Division of Water Resources issues all well permits. 6) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically there after. 7) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non - buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 8) Prior to the release of building permits for any structure exceeding 3,600 square feet, the applicant must comply with the requirements of Appendix III -A of the Uniform Fire Code. 9) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 10) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 11) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties in the United States, ranking fifth 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 longstanding 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 area: 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 buming; flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. 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. i Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 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. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. 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. Children 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 present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 4. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies 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 Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 5. 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 maos@co.weld.co.us. 6. The Weld County Department of Planning Staff's approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. By man + anner II Date October 27, 2003 Hello