HomeMy WebLinkAbout20241879.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION, VAC24-0014, OF FOUR -LOT RECORDED
EXEMPTION, RECX17-0204, FOR REMOVAL OF LOT D - PREMIER COMMUNITY
DEVELOPMENTS, LTD.
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 January 22, 2018, the Department of Planning Services approved
Four -Lot Recorded Exemption, RECX17-0204, and
WHEREAS, the Board has received a request from the current property owner, Premier
Community Developments, Ltd., 1635 East Layton Drive, Englewood, Colorado 80113, to vacate
Lot D of Recorded Exemption, RECX17-0204, located on the following described real estate, to
wit:
Lot D of Recorded Exemption, RECX17-0204; being
part of the W1/2 of Section 20, Township 2 North,
Range 65 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
lirli the vacation.
41
2. No property resulting from the vacation will continue to use any access across any
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other lots within the exemption plat.
f 3. No existing easements are affected by this vacation of Lot D of Recorded
a- ; Exemption, RECX17-0204.
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N'iii NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
o viz. County, Colorado, that the request of Premier Community Developments, Ltd., for Partial
r'4 Vacation of Four -Lot Recorded Exemption, RECX17-0204, for removal of Lot D, be, and hereby
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ma °° is, approved, subject to the following condition:
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2024-1879
RECX17-0204
PARTIAL VACATION, VAC24-0014, OF FOUR -LOT RECORDED EXEMPTION, RECX17-0204,
FOR REMOVAL OF LOT D - PREMIER COMMUNITY DEVELOPMENTS, LTD.
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, RECX17-0204, 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 10th day of July, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, DO
ATTEST: . lcs)
Weld County Clerk to the Board
BY. 1 f 1 •OCIA,J) k
Deputy Clerk to the Board
APP'-VED
County "orney
2 .�izZ2
Date of signature.
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Ke� Ross, Chair
Perry L. Bug, Pro-Tem
ike Freeman
Lori Saine
2024-1879
RECX17-0204
To:
From:
Subject:
Hearing Date:
Owners:
Representative:
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
Weld County Board of County Commissioners
Eric Sheley, Planner
Partial Vacation of RECX17-0204
July 10, 2024
Premier Community Developments, Ltd.
Jay B Scolnick
1635 E. Layton Dr, Englewood CO 80113
Legal Description: Lot D of Recorded Exemption RECX17-0204; being a part of the W2 of Section 20, T2N,
R65W of the 6th P.M., Weld County, CO
Location: East of and adjacent to CR 39; 730 feet South of CR 20
Parcel Number: 1307-20-2-00-037
Total Parcel Size: +1- 157.3 acres Zone District: A (Agricultural)
Summary:
The applicant requests to vacate Lot D, being the largest lot of the four -Lot Recorded Exemption RECX17-
0204, recorded April 18, 2018, reception #4392098. This partial vacation of Lot D of RECX17-0204 would
result in an approximately 157.3 acre unplatted parcel. Lot A, Lot B, and Lot C of RECX17-020 are 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.
r `o Vacation of Lot D of RECX17-0204 I Premier Community Developments, Ltd. � v . O' c 1
Page 1 of 2 P �Y
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 D of RECX17-0204 I Premier Community Developments, Ltd.
Page 2 of 2
To Whom it May Concern,
I/We 3 Gcy t SC o /4/i (ire, Pfes ;deAll of Pre w� it., 0. -von KN i t de f irne,. S
(Name of Property Owner)
are writing to request the (complete / vacation of Lot b. of
(Cutts unO (Insert Lot Designation)
Recorded Exemption
/3�7 are-� Re(X/�-oaOlt
(Insert Recorded Exemption number)
1/3 9.2098
d6tA, 4 Sco/ti/c:4c 529-024f
Print: Owner or Aujhorized Agent Date Print: Owner or Authorized Agent Date
C
tore: Owner or Authorized Agent
Signature: Owner or Authorized Agent
01/24 5
VACATION PLAT FOR LOT D, RECORDED EXEMPTION NO. RECX17-0204
Part of the West 1/2 of Section 20,
Township 2 North, Range 65 West of the 6th P.M.,
County of Weld, State of Colorado
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LDT ,D BE VACATED
LOT D, REC%])-0204
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PROPERTY DESCRIPTION BEFORE VACATION
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PROPERTY DESCRIPTION AFTER VACATION
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SURVEYOR'S STATEMENT
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GRAPHIC SCALE ]'N150'
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PROPERTY OWNER'S CERTIFICATE
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BOARD OF COUNTY COMMISSIONER'S CERTIFICATE
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RECORDED EXEMPTION N0. 1307-20-02 RECX17-0204
LOT c OI' RECORDED EXEMPTION RE -2902. BEING PART OF THE
W 1/2 OF SECTION 20, TOWNSHIP 2 NORTH, RANGE G5 WEST, OF THE PTH P.M., WELD COUNTY. COLORADO
SHEET I OF
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RECORDED EXEMPTION NO, 1307-2.0-02 RFCX17-0204
LOT C OF' RECORDED EXEMET1ON RE -2902, BEING PART OF THE
L1' 1/2 OE SECTION 20, TOWNSHIP 2 NORTH, RANGE 65 WEST, OF THE 6TH PAL, WELD BOUNTY, COLORADO
SHEET 2 OF 2
CLIENT; AGpROFESSIONALS--....,..,..
'giV67TH " SUITE 2U0
GREELEY. CO fiU634
kNIWE
RECORDED EXEMPTION
SECTfOY 20, TOWNSHIPl NOHTtI.
I1�NGE OS NEST, 0TH P.M
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 10, 2024
Hearing Time: 9:00 a.m.
Applicant:
Premier Community Developments, Ltd.
1635 East Layton Drive
Englewood, Colorado 80113
Request: Partial Vacation of Four -Lot Recorded Exemption, RECX17-0204, for Removal of Lot D
Legal Description: Lot D of Recorded Exemption, RECX17-0204; being part of the W1/2 of
Section 20, Township 2 North, Range 65 West of the 6th P.M., Weld County, Colorado
Location: East of and adjacent to County Road 39; 730 feet south of County Road 20 (see Legal
Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: June 28, 2024
ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
RECX17-O2O4
Owner
PREMIER COMMUNITY
DEVELOPMENT, LTD
Address
1635 EAST LAYTON DR
MARIA AND JORGE APODACA 19498 COUNTY ROAD 20
City
State
Zip
ENGLEWOOD CO 80113-7000
FORT LUPTON CO 80621-9110
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, RECX17-O2O4, in the United States Mail,
postage prepaid First Class Mail as listed above.
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Dated the 28th day of June, 2024.
Etottf-leic • RiAberdL
Janet M. Warwick
Deputy Clerk to the Board
U.S. Postal Service'
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.com .
1
Certified Mail Fee
$
Extra Services & Fees (check box, add fee as appropriate)
❑ Return Receipt (hardcopy) $
❑ Return Receipt (electronic) $
❑ Certified Mail Restricted Delivery $
❑ Adult Signature Required $
O Adult Signature Restricted Delivery $
Postage
Total Postage and Fees
PS Form 3800, April 2015 PSN 7530-02-000.9047
Postmark
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$
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❑ Return Receipt (ha►dcopy) $
❑ Return Receipt taieclronlc)
❑ Certified Ma►! Restitcted Delivery
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❑ MO Signature Rssstnctud Delivery
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Notice
Pursuant to Section 24-11-50.1.1 of the Weld
on the Consent Agenda of the Weld Coun
shall be heard unless it is removed from the
by action of the Board, with said public heari
Commissioners of Weld County, Colorado,
Assembly Room, Greeley, Colorado 80631.
If a court reporter is desired, please advise
prior to the hearing. The cost of engaging a
In accordance with the Americans with Disat
order for you to participate in this hearing
(970) 400-4225, prior to the day of the heari
The complete case file may be examined
Commissioners, Weld County Administration
Email messages sent to an individual Corn
ensure inclusion of your email correspo
egesick@weld.gov.
Hearing Date: July 10, 2024
Hearing Time: 9:00 a.m.
Applicant:
Premier Community Developments, Ltd.
1635 East Layton Drive
Englewood, Colorado 80113
Request: Partial Vacation of Four -Lot Reco,
Legal Description: Lot D of Recorded Ex.
Section 20, Township 2 North, Range 65 We
Location: East of and adjacent to County Rt
Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: June 28, 2024
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WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
6/11/2024
11:14:11 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.
dem tam
�/ t . 11 2,4 Signature
-
Date
Property Owners Within 500 Feet of Parcel # 130720200037
Account
Parcel
Owner
Mailing Address
R5143486
130719000003
DECHANT FARMS PARTNERSHIP
8029 COUNTY ROAD 39
FORT LUPTON, CO 806219115
R8960344
130719400030
TEN HAND TRUST
8029 COUNTY ROAD 39
FORT LUPTON, CO 806219115
M0234506
130719400031
DECHANT DAVID ALAN
8029 COUNTY ROAD 39
FORT LUPTON, CO 806219115
R8960345
130719400031
TEN HAND TRUST
8029 COUNTY ROAD 39
FORT LUPTON, CO 806219115
R5144186
130720000006
LUCERO AMELIA
R5144186
130720000006
LUCERO ANTONIO D
264 S 11TH
BRIGHTON, CO 806012217
R5144586
130720000010
SARCHET JAMES MELVEL
9435 COUNTY ROAD 41
FORT LUPTON, CO 806219119
R0582601
130720000013
COLORADO INVESTORS LLC
PO BOX 502
WILEY, CO 810920502
R5145086
130720000022
COLORADO INVESTORS LLC
PO BOX 502
WILEY, CO 810920502
Parcels: 18
Owner Records: 26
Page 1 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
6/11/2024
11:14:11 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.
O(in OttA O)-(1,
(4' I I i I Signature
Date
Property Owners Within 500 Feet of Parcel # 130720200037
Account
Parcel
Owner
Mailing Address
R7964599
130720000024
MOORE GARY KEITH
R7964599
130720000024
EVERHART CLAYTON KEITH
8188 COUNTY ROAD 39
FORT LUPTON, CO 806219116
R8613800
130720000025
GAETA EFREN
8300 COUNTY ROAD 39
FORT LUPTON, CO 806219116
R0582701
130720000027
SNYDER CARRIE L
R0582701
130720000027
SNYDER DAVID J
8610 COUNTY ROAD 39
FORT LUPTON, CO 806219116
R0582801
130720000028
ERIVES DAVID D
R0582801
130720000028
MARQUEZ MARIA L
R0582801
130720000028
MEDRANO ROGELIO
19492 COUNTY ROAD 20
FORT LUPTON, CO 806219110
R8953464
130720200036 ww
L11-1- C
APODACA MARIA G
Parcels: 18
Owner Records: 26
Page 2 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
6/11/2024
11:14:11 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.
da.n, tim
Signature
Date
Property Owners Within 500 Feet of Parcel # 130720200037
Account
Parcel
Owner
Mailing Address
R8953464
130720200036
G
APODACA JORGE A
19498 COUNTY ROAD 20
FORT LUPTON, CO 806219110
R8953465
130720200037
L1 o+
PREMIER COMMUNITY DEVELOPMENTS
LTD
1635 E LAYTON DR
ENGLEWOOD, CO 801137000
R3894705
130720300032
MARRIOTT MARY K
R3894705
130720300032
MARRIOTT FARON L
8260 COUNTY ROAD 39
FORT LUPTON, CO 806219116
R3894805
130720300033
GUNZNER NANCY A
R3894805
130720300033
GUNZNER KENT J
8425 W 38TH AVE
WHEAT RIDGE, CO 800336070
R8953462
130720300034
LO i'
PREMIER COMMUNITY DEVELOPMENT LTD
1635 E LAYTON DR
ENGLEWOOD, CO 801137000
R8953463
130720300035
`."
PREMIER COMMUNITY DEVELOPMENT LTD
1635 E LAYTON DR
ENGLEWOOD, CO 801137000
Parcels: 18
Owner Records: 26
Page 3 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
6/11/2024
11:14:11 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 # 130720200037
Parcels: 18
Owner Records: 26
d(w tau uJ i roc,
cfill lig
Signature
Date
Page 4 of 4
Plat Vacation Application
Recorded Exemptions & Subdivision Exemptions
Planning Department Use:
Amount $ 100 O P -2 -
Application Received By: Es
Date Received: S J 4 t ZO 2.4
Case # Assigned: VACa4 - 00(4'
Planner Assigned: CS
Plat Information
Title of plat to be vacated: R6- 0 /307- aC' 0z2 ( ECK)7 tt 74V S ago Try R 65-
0 Complete Vacation (must include all lots)
martial Vacation (vacated lots must be over 35 acres each)
List of lots to be vacated:
Lot Parcel Number
Acreage Affected Easements
130 7 02007 ado 37
/S7,3
No•✓c . k - t u v2/a,, trh ,
Property Owner(s) (Attach additional sheets if necessary.)
Name: -T / Sc d /Aile, i'
Company: P,-rta 6c.P %�r�.� ,..,✓) p e �►- lii�a.rPit.'fs L r
Phone # 3o3 33a -37N5' Email: j Sco l e rru°S/'fcicow,
Street Address: /635 E- L o,�. ,.� ,D•e.
City/State/Zip Code: 8'a/i3
ApplicantlAuthorized Agent (Authorization form must be included if there is an Authorized Agent.)
Name:
Company:
Phone #: Email:
Street Address:
City/State/Zip Code:
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 tt c regulations for complete or partial vacation of recorded exemptions or subdivision
exempts
7-02,0?
Sign Signs 3 Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date
Say 6 5ce/44cI(
Print: Owner or Authorized Agent Print: Owner or Authorized Agent
01/24
3
FIDELITY NATIONAL TITLE INSURANCE COMPANY
OWNER'S POLICY NO. 122-F14410-23,
EXHIBJT "A"
Legal Description
Lot D, Recorded Exemption No. 1307-20-02 RECX17-0204, Recorded April 18, 2018, at Reception No. 4392098, Being
located in the West Half of Section 20, Township 2 North, Range 65 West of the 6th P.M., County of Weld, State of
Colorado.
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the
date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Owner's Policy of Title Insurance (07/01/2021)
Printed 04.03.24 @ 09 a AM
Page 7 CO-FT-FSTG-01620 111122-SPS•512-1-24-122-F14.110-23
Electronically RFcorded RECEPTION#: 2024000005677,
2/5/2024 at 8:30 AM, I OF 1,
REC: $13.00
TO Pgs: 0 Josh Zygielhaum, Adams County, CO.
STATEMENT OF AUTHORITY
Order No.: ' 122-F14417-23-LF
1. This Statement of Authority relates to an entity' named Premier Community Developments, LTD, an Arizona
corporation, and is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S.
2. The type of entity is e:
O Corporation ❑ Registered Limited Liability Partnership
❑ Nonprofit Corporation 0 Registered Limited Liability Limited Partnership
❑ Limited Liability Company 0 Limited Partnership Association
❑ General Partnership 0 Government or Governmental Subdivision or Agency
❑ Limited Partnership 0 Trust
3. The entity is formed under the laws of Arizona.
4. The mailing address for the entity is 1635 E. Layton Or., Englewood, CO 80113.
5. The m name ❑ position of each person authorized to execute instruments conveying, encumbering, or
otherwise affecting Otis to real property on behalf of the entity is: Jay S Scotntck, President.
6. 'The authority of the foregoing person(s) to bind the entity Is O not limited ❑ limited as follows:
President
7. Other matters concerning the manner in which the entity deals with interests in real property:
IN WITNESS WHEREOF, the undersigned have executed this document on the date(s) set forth below.
Premier Community Developments, LTD, an Arizona
corporattiiop)
BY:
Jay nick. President
STATE OF COLORADO
COUNTY OF JEFFERSON
The foregoing instrument was acknowledged before me this day of January, 2024, by Jay B Scolnick,
Peke/dent, for Pr Community peel} elopments, LTD, en Arizona corporation
Notary Public
My Commission Expires:
(SEAL)
ANNETPE DIEGEL
hIOTARY PUBLIC - STATE OF COLORADO
NOTARY ID 19964015143
MY COMMISSION EXPIRES SEP 14, 2024
'This term should not be used unless the entity is capable of holding title to real property.
=The absence of any limitation shall be prima facie evidence that no such Rmitatlon exists.
The statement of authority must be recorded to obtain the benefits of the statute.
OFFICE OF THE SECRETARY OF STATE
OF THE STATE OF COLORADO
CERTIFICATE OF FACT OF GOOD STANDING
I, Jena Griswold, as the Secretary of State of the State of Colorado, hereby certify that,
according to the records of this office,
PREMIER COMMUNITY DEVELOPMENTS LTD.
is an entity formed or registered under the law of Arizona , has complied with all
applicable requirements of this office, and is in good standing with this office. This entity has
been assigned entity identification number 20001165623 .
This certificate reflects facts established or disclosed by documents delivered to this office on
paper through 05/23/2024 that have been posted, and by documents delivered to this office
electronically through 05/29/2024 @ 14:45:53 .
I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this
official certificate at Denver, Colorado on 05/29/2024 @ 14:45:53 in accordance with applicable law.
This certificate is assigned Confirmation Number 16078207 .
Secretary of State of the State of Colorado
.»....***************************************End ,certificate***.*******************.**************.*****
Notice: A certificate issued electronically from the Colorado Secretary of State's website is fully and immediately valid and effective.
However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a
Certificate page of the Secretary of State's website, https:/fwww.coloradosos.gov/biz/CertificateSearchCriteria.do entering the cert fcate's
confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is
merely optional and is not necessary 0 the valid and effective issuance of a certificate. For more information, visit our website,
https.'//www. coloradosos.gov click "Businesses, trademarks, trade names" and select "Frequently Asked Questions."
Weld County Treasurer
Statement of Taxes Due
Account Number R8953465 Parcel 130720200037
Assessed To
ROTH DAY LLC
522 27TH STREET
GARDEN CITY. CO 80631-8445
Legal Description Situs Address
PT W2 20-2-65 LOT D REC EXEMPT RECX 17-0204
Year Tax
Tax Charge
Interest Fees
Payments Balance
2023 $1,126.48
Total Tar Charge
Grand Total Due as of 05/29/2024
$0.00
$0.00 ($1.126.48)
$0.00
$0.00
$0.00
Tax Billed at 2023 Rates for Tax Area 2214 - 2214
Authority
WELD COUNTY
SCHOOL DIST RE3J-KEENESBURG
CENTRAL COLORADO WATER
(CC W
CENTRAL COLORADO WATER
SUED
HUDSON FIRE
AIMS JUNIOR COLLEGE
HIGH PLAINS LIBRARY
Taxes Billed 2023
Credit Levy
Mill Levy Amount
12.0240000* $271.39
16.7930000 $379.02
0.8910000 $20.11
1.3000000 $2933
9.3700000 $211.48
6.33 60000 $143.01
3.1960000 $72.14
49.9 100000 $1,126.48
Values Actual Assessed
AG -SPRINKLER $85,147 $22,480
IRRIGATED LAND
AG -GRAZING LAND $311 $80
AG -WASTE LAND $54 $10
Total $85,512 $22,570
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
PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH.
Weld County Treasurer's Office
1400 N 17Th Avenue
PO Box 458
Greeley, CO 80632
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 that as of this date, all current and prior year
taxes related to this parcel have been paid in full.
Si9 ned. O Date: 05j2qIz024
4944656 02/15/2024 11:44 AM
Total Pages: 2 Rec Fee: $18.00 Doc Fee: $85.00
Carly Koppes - Clerk and Recorder, Weld County , CO
Order No.: 122-F14410-23
FNTC
Doc Fee: $85.00
SPECIAL WARRANTY DEED
THIS DEED, Made this 7th day of February, 2024, between
Roth Day, LLC
grantor(s), and
Premier Community Developments, Ltd.
whose legal address is 1635 E. Layton Drive, Englewood, CO 80113
grantee(s);
WITNESS, That the grantor(s), for and in consideration of the sum of Eight Hundred Fifty Thousand
And No/100 Dollars ($850,000.00), the receipt and sufficiency of which is hereby acknowledged, has
granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and
confirm, unto the grantee(s), their heirs 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:
Lot D, Recorded Exemption No. 1307-20-02 RECX17-0204, Recorded April 18, 2018, at Reception
No. 4392098, Being located in the West Half of Section 20, Township 2 North, Range 65 West of the
6th P.M., County of Weld, State of Colorado.
also known by street and number as Lot D, Greeley, CO 80634
TOGETHER with 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 and demand whatsoever of the grantor(s),
either in law or equity, of, in and to the above bargained premises, with the hereditaments and
appurtenances except for taxes for the current year, a lien but not yet due and payable, subject to
statutory exceptions as defined in CRS 38-30-113, revised.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances,
unto the grantee(s), their heirs, and assigns forever. The grantor(s), for themselves, their heirs and
personal representatives or successors, does covenant and agree that they shall and will WARRANT
AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the
grantee(s), their heirs and assigns, against all and every person or persons claiming the whole or any part
thereof, by, through or under the grantor(s).
The singular number shall include the plural, the plural the singular, and the use of any gender shall be
applicable to all genders,
IN WITNESS WHEREOF, the grantor(s) has executed this deed on the date set forth above.
GRANTOR:
Roth Day, l0
AI'
BY:
opedies LLC, Member
Rotherham as Member of A&J Properties LLC, Member
BY:
Deanne Kouba Day as Manager of JSD Homes,Member
gDeod (Special Warranty - legal)
i29e.doc!updated:03.2323
Page 1
January 22, 2018
+
DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue
Greeley. Colorado 80631
Website: www.weldgov.com
Email: mhall@weldgov.com
Phone: (970) 400-3528
Fax: (970) 304-6498
AGPROfessionals. LLC
c/o Kelsey Bruxvoort
3050 67th Avenue
Greeley, CO 80634
Subject: 4 -Lot Recorded Exemption RECX17-0204
Parcel ID #s: 1307-20-2-00-030 & 1307-20-2-00-031
Dear Larry G. & Sharon L. Palmer and Jorge A. & Marie G. Apodaca,
The Department of Planning Services has reviewed your application and related materials for compliance with
the Weld County Code. We find that your proposed Recorded Exemption meets the intent of the Code and it
has been conditionally approved by staff. We have enclosed our comments for your case.
Please address all issues identified in the staff comments. Prior to submitting the Mylar. please submit an
electronic draft (PDF) of your plat for review by the Department of Planning Services staff. Upon approval of
the draft plat please 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 after the date the
Administrative Review was signed or after the date of the Board of County Commissioners resolution. There is
a $13 dollar recording fee per Mylar sheet that you will be responsible for paying to record the plat; additional
pages are $10 each. 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 recording continuance charge shall be added for each additional 3 month period.
Please contact me with any questions.
Regards,
Michael Hall
Planner I
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant:
Larry G. & Sharon L. Palmer and
Jorge A. & Marie G. Apodaca
I RECX17-0204
Planner Michael Hall
Legal Description:
Lot C of Recorded Exemption RE -2902; being a part of the W2 of Section 20,
T2N, R65W of the 6th P.M., Weld County, CO
Parcel ID #s:
1307-20-2-00-030 & 1307-20-2-00-031
Lot A Size:
+/- 10 acres
Lot B Size:
+/- 10 acres
Lot C (SE -975) Size:
+/- 11.4 acres
Lot D Size:
+/- 152.6 acres
Water Source:
Lot A: Proposed Well
Lot B: Proposed Well
Lot C: Well # 247354
Lot D: Proposed Well
Sewer
System:
Lot A: Proposed Septic
Lot B: Proposed Septic
Lot C: Septic # SP -0300049
Lot D: 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.
Narrative: The proposed application seeks to split Lot C of RE -2902, recorded 03/13/2001, reception #
2831920. Lot C of RE -2902 had a Subdivision Exemption (SE -975) for financing purposes recorded
06/10/2003, reception 6 3071162. The owners of Lot C of RE -2902 illegally conveyed the temporary SE -
975 lot by deed recorded 07/14/2003, reception # 3083330. The SE lot was again conveyed by deed,
recorded 05/23/2014, reception # 4018194.
This application will correct the illegal lot and include SE -975 as Lot C, being one of the three small lots of
the proposed four lot recorded exemption on the original parent Lot C of RE -2902.
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.
RECX17-0204
Page 1 of 6
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. The applicant has proposed a well as the source of adequate water for Lots, A, B and D. 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 applicant shall attempt to address the requirements (concerns) of the City of Fort Lupton
regarding annexation, as stated in the referral response dated 12/21/2017. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
B. The applicant shall address the requirements (concerns) of the Colorado Division of Water
Resources, as stated in the referral response dated 01/02/2018. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services.
C. The applicant shall address the requirements of Weld County School District RE -3J, as
stated in the referral response dated 12/14/2017. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services.
D. Lots A, B and C shall comply with the two and one-half (2 1/2) 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.
E. 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.
F. Lot D shall comply with the one -hundred twenty (120) acre minimum lot size required by
Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations should not include
future road right-of-way.
G. 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. 1307-20-2 RECX17-0204
B. Show all the access and utility easements detailed on RE -2902 and any new access and
utility easements. New easements will be required to be dedicated on the plat or by
separate agreement, depending on Planning staff determination.
C. Show and label the proposed and existing access point(s) and the usage types. If there are
existing access point identify the usage type, permit number(s) — if applicable, and the
spacing from the nearest access point(s) or roads (centerline to centerline) on the plat.
D. County Road 20 is a gravel road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) 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. The applicant shall also delineate the physical location of
the roadway. This road is maintained by Weld County. (Department of Public Works)
RECX17-0204
Page 2 of 6
E. County Road 39 is a gravel road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) 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. The applicant shall also delineate the physical
location of the roadway. This road is maintained by Weld County.
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 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) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with
Section 24-8-20.C.3 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) 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.
6) Access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite tracking.
7) Any work that may occupy and or encroach upon any County rights -of -way or
easement shall acquire an approved Right -of -Way Use Permit prior to commencement.
8) 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.
9) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lots A, B and D have an adequate water
supply of sufficient quality, quantity and dependability.
RECX17-0204
Page 3 of 6
10) Potential purchasers should be aware that Lots A and 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.
11) 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 thereafter.
12) 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.
13) The property owner shall control noxious weeds on the site.
14) The historical flow patterns and runoff amounts will be maintained on the site.
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) 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) 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.
RECX17-0204
Page 4 of 6
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
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 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 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.
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8. The Department of Planning Services respectfully requests the surveyor provide a digital copy of
this Recorded Exemption. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj)
with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN
StatePlane Colorado North FIPS 0501 (US Feet).... etc.). 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.
By: Date: 01/22/2018
Michael Hall, Planner I
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