HomeMy WebLinkAbout20240586.tiffRESOLUTION
RE: APPROVE VACATION, VAC23-0051, OF TWO -LOT RECORDED EXEMPTION,
RECX20-0028, AND RECOMBINE LOTS INTO ONE PARCEL - SCOTT TARBELL
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 May 18, 2020, the Department of Planning Services approved Two -Lot
Recorded Exemption, RECX20-0028, creating parcels of 38.5 acres and 34.9 acres in -size, more
or less, and
WHEREAS, said property is located in part of the SE1/4 of Section 31, Township 8 North,
Range 67 West of the 6th P.M., Weld County, Colorado, being more particularly described as
Lots A and B of Recorded Exemption, RECX20-0028, and
WHEREAS, the Board has received a request from Scott Tarbell, P.O. Box 1376,
Loveland, Colorado 80539-1376, to vacate said Recorded Exemption, RECX20-0028, which was
recorded November 10, 2020, at Reception #4649777 in the records of the Weld County Clerk
and Recorder, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of 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 vacation, and
WHEREAS, any persons owning dedicated and recorded easements and rights -of -way
crossing the parcels to be vacated, if any, may continue such use after formal vacation by Weld
County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Recorded Exemption, RECX20-0028, be, and hereby is, vacated, and the
Lots be, and hereby are, recombined into one parcel.
BE IT FURTHER RESOLVED by the Board that any persons owning dedicated and
recorded easements and rights -of -way crossing the parcels to be vacated, if any, shall not be
affected by this vacation authorized herein, unless reflected differently on the recorded vacation
plat.
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby
is, directed to record this Resolution in the records of the Weld County Clerk and Recorder.
4953789 Pages: 1 of 2
Carly9/2024 Koppel Koppel, and Recorder, Weld County , CO CC;PI-00 J/ES),
BO MrAK wi 'INNI\ E NORIA I `iJii livil1 III ASR (SG), 2024-0586
Arm. RECX20-0028
ow/r//.29
VACATION, VAC23-0051, OF TWO -LOT RECORDED EXEMPTION, RECX20-0028, AND
RECOMBINE LOTS INTO ONE PARCEL - SCOTT TARBELL
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of March, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNT_ eoC(JRAD6
ATTEST: (� ) , eo,
Weld County Clerk to the Board
BY. 1 Yt tat/1.lo ! a -
Deputy Clerk to the Board
Date of signature:
Kev'. '. Ross, Chair
Perry L. Buc
Pro-Tem
3
Mike Freeman
Scdtt K. James
4953789 Pages: 2 of 2
04/09/2024 12:35 PM R Fe.:$0.00
Carly Koppa., Clerk and Raoord. , Weld County , CO
lIII I �.rIM11a�rI�IY'I+ Mi I �� ICI a�III tE'�'�Ii t 1I 111
2024-0586
RECX20-0028
To:
From:
Subject:
Hearing Date:
Owners:
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
Weld County Board of County Commissioners
Eric Sheley, Planner
Complete Vacation of RECX20-0028
March 6, 2024
Scott Tarbell
P.O. Box 1376, Loveland CO 80539
Legal Description: Lots A & B of Recorded Exemption RECX20-0028; being a part of the SE4 of Section 31,
T8N, R67W of the 6th P.M., Weld County, CO
Location: North of and adjacent of County Road 86; West of and adjacent to CR 15
Parcel Number: 0555-31-4-00-020 & 055-31-4-00-019
Total Parcel Size: +1- 74.194 acres Zone District: A (Agricultural)
Summary:
The applicant requests to vacate Lots A & B, of the two -Lot Recorded Exemption RECX20-0028, recorded
November 10, 2020, reception #4649777. This complete vacation of Lots A & B of RECX20-0028 would
result in an approximately 74.194 acre unplatted parcel.
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.
31 Li
2024-0586
Vacation of Lot D of RECX20-0028 I Tarbell 1j f. -QC Zb b0Z-V
Page 1 of 2
Recommendation:
The Department of Planning Services staff has reviewed this request and recommends that this request be
approved by the Board of County Commissioners subject to the following 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 RECX20-0028 I Tarbell
Page 2 of 2
VA CA TIONOF LOTSA ANDB OFRECX20-0028
A Tract of Land,
Situate ill the Southeast Quarter of Section 31, Township 8 North, Range 67 West of the 6th P.M.,
County of Weld, State of Colorado
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VA CA TIONOF LOTSA ANDB OFRECX20-0028
A Tract of Land,
Situate in the Southeast Quarter of Section 31, Township 8 North, Range 67 West of the 6th P.M.,
County of Weld, State of Colorado
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RECORDED EXEMPTION NO. 0555-31-4, RECX20-0028
Begin a Replat of Lot B, 2nd Amended Recorded Exemption No. 0555-31-4 2AMRFCX18-06-4258
Situate in the Southeast Quarter of Section 31, Township 8 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado
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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 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: March 6, 2024
Hearing Time: 9:00 a.m.
Applicant:
Scott Tarbell
PO Box 1376
Loveland, Colorado 80539
Request: Vacation of Two -Lot Recorded Exemption, RECX20-0028, and Recombine Lots into
One (1) Parcel
Legal Description: Lots A and B of Recorded Exemption, RECX20-0028; being part of the SE1/4
of Section 31, Township 8 North, Range 67 West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to County Road 86; west of and adjacent to County Road 15
(see Legal Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: February 16, 2024
ADJACENT PROPERTY OWNERS
FOR FULL VACATION OF
RECX20-0028
Owner
SCOTT TARBELL
Address
PO BOX 1376
City
LOVELAND
State
CO
Zip
80539-1376
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 Full Vacation of Recorded Exemption, RECX20-0028, in the United States Mail,
postage prepaid First Class Mail as listed above.
IT'
Im-
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Dated the 16th day of February, 2024.
1 1,002\1.61CA--
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.coms
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Certified Mail Fee
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❑ Return Receipt (hardcopy) $
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[] Adult Signature Required $
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Postage
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Domestic Return Receipt
PS Form 3811, July 2020 PSN 7530-02-000-9053
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WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
2/2/2024
9:30:04 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.
�(su i, J�
Z Signature
Date
Property Owners Within 500 Feet of Parcel # 055531400019
Account
Parcel
Owner
Mailing Address
R8960456
055531400016
TARBELL SCOTT B
PO BOX 1376
LOVELAND, CO 805391376
R8960457
055531400017
WALSH ANGELA M
5249 CHERRYWOOD LN
JOHNSTOWN, CO 805342839
R8969114
055531400019
LD}
TARBELL SCOTT B
PO BOX 1376
LOVELAND, CO 805391376
R8969115
055531400020
L0 r
TARBELL SCOTT B
PO BOX 1376
LOVELAND, CO 805391376
M8976126
055531400063
DENNEY RUTH R
R8965204
055531400063
DENNEY RUTH R
M0703486
055531400063
DENNEY RANDOLPH N
6501 COUNTY ROAD 86
FORT COLLINS, CO 805249121
M8976126
055531400063
DENNEY RANDOLPH N
6501 COUNTY ROAD 86
FORT COLLINS, CO 805249121
R8965204
055531400063
DENNEY RANDOLPH N
6501 COUNTY ROAD 86
FORT COLLINS, CO 805249121
Parcels: 26
Owner Records: 35
Page 1 of 5
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
2/2/2024
9:30:04 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.
<iaVl --31��
Z( Z� Signature
Date
Property Owners Within 500 Feet of Parcel # 055531400019
Account
Parcel
Owner
Mailing Address
R4520506
055531401001
BARHAUG FAMILY TRUST
42243 WATERFORD HILL WAY
FORT COLLINS, CO 805249449
R4520606
055531401002
SHUMAKER HEIDI LOUISE
R4520606
055531401002
SHUMAKER WILLIAM LEE
42248 WATERFORD HILL WAY
FORT COLLINS, CO 805249408
R4520706
055531401003
HENSEY CHRISTOPHER J
R4520706
055531401003
CHANDLER MARGARET A
42252 WATERFORD HILL PL
FORT COLLINS, CO 805249408
R4520906
055531401005
DENNEY RUTH R
R4520906
055531401005
DENNEY RANDOLPH N
6501 COUNTY ROAD 86
FORT COLLINS, CO 805249121
R4521006
055531401006
422556 WATERFORD LLC
2026 BEAR MOUNTAIN DR UNIT 107
FORT COLLINS, CO 805254669
R4521206
055531401008
STAINS KAREN L
Parcels: 26
Owner Records: 35
Page 2 of 5
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
2/2/2024
9:30:04 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.
i Vl Wl ! u)%t.C,
2( Z 1174
Signature
Date
Property Owners Within 500 Feet of Parcel # 055531400019
Account
Parcel
Owner
Mailing Address
R4521206
055531401008
STAINS HERBERT M
42257 WATERFORD HILL WAY
FORT COLLINS, CO 805249449
R4521306
055531401009
LUCA LIVING TRUST
42253 WATERFORD HILL WAY
FORT COLLINS, CO 805249449
R4521406
055531401010
WATERFORD HILL HOMEOWNERS
ASSOCIATION
1719 E MULBERRY ST
FORT COLLINS, CO 805243523
R4521606
055531401012
WATERFORD HILL HOMEOWNERS
ASSOCIATION
1719 E MULBERRY ST
FORT COLLINS, CO 805243523
R4521706
055531401013
WATERFORD HILL HOMEOWNERS
ASSOCIATION
1719 E MULBERRY ST
FORT COLLINS, CO 805243523
R4521806
055531401014
WATERFORD HILL HOMEOWNERS
ASSOCIATION
1719 E MULBERRY ST
FORT COLLINS, CO 805243523
R4521906
055531401015
WATERFORD HILL HOMEOWNERS
ASSOCIATION
1719 E MULBERRY ST
FORT COLLINS, CO 805243523
R0705286
055532000032
BISHOP MELISSA
R0705286
055532000032
CURTIS STANLEY
7113 COUNTY ROAD 86
FORT COLLINS, CO 805249120
Parcels: 26
Owner Records: 35
Page 3 of 5
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
2/2/2024
9:30:04 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.
ci 61O C,lQ,1 l,Ljck
Signature
Date
Property Owners Within 500 Feet of Parcel # 055531400019
Account
Parcel
Owner
Mailing Address
R8968713
055532300001
CARLSON CURTIS
R8968713
055532300001
CARLSON CAITLIN
42068 COUNTY ROAD 15
FORT COLLINS, CO 805249133
R8968714
055532300002
SPABS LLC
4100 E MISSISSIPPI AVE STE 500
GLENDALE, CO 802463053
R4508006
070505201012
SAGE HILL HOMEOWNERS ASSOC
41884 SAGE HILL RD
FORT COLLINS, CO 805249139
R0712986
070506000036
CHENG BILL H
6514 COUNTY ROAD 86
FORT COLLINS, CO 805249129
R6779260
070506100057
CLARY CAROLYN F
R6779260
070506100057
CLARY JAMES K
6776 COUNTY ROAD 86
FORT COLLINS, CO 805249129
R6779261
070506100058
FAR VIEW ACRES LLC
C/O JAMES CLARY
6776 COUNTY ROAD 86
FORT COLLINS, CO 805249129
Parcels: 26
Owner Records: 35
Page 4 of 5
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
2/2/2024
9:30:04 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 # 055531400019
Parcels: 26
Owner Records: 35
IL)atwnA
Signature
Date
Page 5 of 5
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
2/2/2024
9:28:15 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.
kri
1 7„ .4 Signature
Date
Property Owners Within 500 Feet of Parcel # 055531400020
Account
Parcel
Owner
Mailing Address
R8965201
055531300060
DENNEY RUTH R
R8965201
055531300060
DENNEY RANDOLPH N
6501 COUNTY ROAD 86
FORT COLLINS, CO 805249121
R8965202
055531300061
DENNEY RUTH R
R8965202
055531300061
DENNEY RANDOLPH N
6501 COUNTY ROAD 86
FORT COLLINS, CO 805249121
R8965203
055531300062
DENNEY RUTH R
R8965203
055531300062
DENNEY RANDOLPH N
6501 COUNTY ROAD 86
FORT COLLINS, CO 805249121
R8969114
055531400019
w /
TARBELL SCOTT B
PO BOX 1376
LOVELAND, CO 805391376
R8969115
055531400020
Lb '+' t
TARBELL SCOTT B
PO BOX 1376
LOVELAND, CO 805391376
M8976126
055531400063
DENNEY RUTH R
Parcels: 16
Owner Records: 25
Page 1 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
2/2/2024
9:28:15 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.
Jan cx.n (1L
2 Z1. Z Signature
Date
Properly Owners Within 500 Feet of Parcel # 055531400020
Account
Parcel
Owner
Mailing Address
R8965204
055531400063
DENNEY RUTH R
M0703486
055531400063
DENNEY RANDOLPH N
6501 COUNTY ROAD 86
FORT COLLINS, CO 805249121
M8976126
055531400063
DENNEY RANDOLPH N
6501 COUNTY ROAD 86
FORT COLLINS, CO 805249121
R8965204
055531400063
DENNEY RANDOLPH N
6501 COUNTY ROAD 86
FORT COLLINS, CO 805249121
R4521306
055531401009
LUCA LIVING TRUST
42253 WATERFORD HILL WAY
FORT COLLINS, CO 805249449
R4521406
055531401010
WATERFORD HILL HOMEOWNERS
ASSOCIATION
1719 E MULBERRY ST
FORT COLLINS, CO 805243523
R0712086
070506000002
BETSCHART REBECCA
R0712086
070506000002
BETSCHART ROY WADE
6510 COUNTY ROAD 86
FORT COLLINS, CO 805249129
R0712986
070506000036
CHENG BILL H
6514 COUNTY ROAD 86
FORT COLLINS, CO 805249129
Parcels: 16
Owner Records: 25
Page 2 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
2/2/2024
9:28:15 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.
BOLA
Zj Signature
Date
Property Owners Within 500 Feet of Parcel # 055531400020
Account
Parcel
Owner
Mailing Address
R0350795
070506000041
OVERTON TARA L
R0350795
070506000041
OVERTON DANIEL D
6500 COUNTY ROAD 86
FORT COLLINS, CO 805249129
R8450900
070506000047
SCHNEIDER MARGARET A
R8450900
070506000047
SCHNEIDER EUGENE F FAMILY TRUST
C/O DUNHAM TRUST CO
241 RIDGE ST STE 100
RENO, NV 895012055
R6779260
070506100057
CLARY CAROLYN F
R6779260
070506100057
CLARY JAMES K
6776 COUNTY ROAD 86
FORT COLLINS, CO 805249129
R6779261
070506100058
FAR VIEW ACRES LLC
C/O JAMES CLARY
6776 COUNTY ROAD 86
FORT COLLINS, CO 805249129
Parcels: 16 Owner Records: 25
Page 3 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
2/2/2024
9:28:15 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 # 055531400020
Parcels: 16
Owner Records: 25
jpal CtSRYI
.117,1-L4
Signature
Date
Page 4 of 4
PLAT VACATION APPLICATION
RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS
FOR PLANNING DEPARTMENT USE: DATE RECEIVED:
AMOUNT: $ CASE # ASSIGNED: vo (. 29 6051
APPLICATION RECEIVED BY: PLANNER ASSIGNED:
PLAT INFORMATION �, hff Title of plat to be vacated: 4Z43 (�/1 �GfJ " ��i� S ,5I T t� R
Complete Vacation (must include all lots)
['Partial Vacation (vacated lots must be over 35 acres each)
List of lots to be vacated:
Lot Parcel Number
Acreage Affected E
'c 1pci 1 `n
,391, I'95
IL.&m.c,-
Mf 1 t4
3).1-.ci (
i oqz.
PROPERTY OWNERS) (Att ch a ditional sheets if necessary.)
Name: .�77-2
Company:
Phone #: - D a570 Email: 7i & e��/,/ix
Street Address: 1570
City/State/Zip Code: I...o\c .p.4-' �� O5
APPLICANT/AUTHORIZED AGENT (Authorization form must be included if there is an Authorized Agent.)
Name:
Company:
Phone #:
Street Address:
City/State/Zip Code:
Email:
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 a ee to comply with the regulations for complete or partial vacation of recorded exemptions
or subdivision e em • s.
Signature. • ner or Authorized Agent
Print: Owner or Authorized Agent
Print: Owner or Authorized Agent
Weld County Treasurer
Statement of Taxes Due
Account Number R8969114 Parcel 055531400019
Assessed To
TARBELL SCOTT B
PO BOX 1376
LOVELAND, CO 80539-1376
Legal Description Situs Address
PT SE4 31-8-67 LOT A REC EXEMPT RECX20-0028
Year Charges
2022 Tar
Billed Payments
$497.38 $497.38
Balance
$0.00
Grand Total Due as of 10/25/2023
$0.00
Tax Billed at 2022 Rates for Tax Area 0411 - 0411
Authority
WELD COUNTY
SCHOOL DISTR.
NORTHERN COLORADO WATER
(NC
AULT FIRE
AIMS JUNIOR COLLEGE
CLEARVIEW LIBRARY
Taxes Billed 2022
* Credit Levy
Mill Lc, Amount
15.0380000* $88,87
50.8790000 $300.70
1.0000000 $5.91
7.3800000 $43.62
6.3070000 $37.28
3.5530000 $21.00
84.1570000 $497.38
Values
AG -SPRINKLER
IRRIGATED LAND
AG -WASTE LAND
Total
Actual Assessed
$22,349 $5,900
$8 $10
$22,357 $5,910
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.
Sign
Date:
1400 N. 17th Avenue, Greeley, CO 80631. PO Box 458, Greeley, CO 80632. (970) 400-3290 Page 1 of 1
Weld County Treasurer
Statement of Taxes Due
Account Number R8969115
Assessed To
Legal Description
PT SE4 31-8-67 LOT B REC EXEMPT RECX20-0028
Year Charges
2022 Tax
Grand Total Due as of 10/25/2023
Tax Billed at 2022 Rates for Tax Area 0411 - 0411
Authority
WELD COUNTY
SCHOOL DIST RE4
NORTHERN COLORADO WATER
(NC
AULT FIRE.
AIMS JUNIOR COLLEGE
CLEARVIEW LIBRARY
Taxes Billed 2022
* Credit Levy
Parcel 05553 1400020
TARBELL SCOTT B
PO BOX 1376
LOVELAND, CO 80539-1376
Situs Address
Billed Payments
$490.64 $490.64
Mill Lcvy Amount
15.0380000* $87.68
50.8790000 $296.62
1.0000000 $5.83
7.3800000 $43.03
6.3070000 $36.77
3.5530000 $20.71
84.1570000 8490.64
Values
AG -SPRINKLER
IRRIGATED LAND
AG -WASTE LAND
Total
Balance
$0.00
$0.00
Actual Assessed
$22,042 $5,820
$7 $10
$22,049 $5,830
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
r taxes related to this parcel have been paid in full.
Signed: ,
Date:
1400 N. 17th Avenue, Greeley, CO 80631. PO Box 458, Greeley, CO 80632. (970) 400-3290 Page 1 of 1
4939050 Palm: 1 of 1
0! /09/2024 03 : 02 PM R Fp : $13.00 0 F ::.$!6"
Carly Koppea, Clerk and Recorder, Wild County
IIIIIKlM aifiiPAINNIMhIrgad 11111
Quit Claim Deed
(Pursuant to C.R.S. 38-30-113(1)(d)) l`
Grantor(s), SCOTT B. TARBELL , whose street address is 441 1 t , City or Town of . 31 1 unty of
LARIMER and State of COLORADO, , for the consideration of "" Ten Dollera and Other Good and Valuable Conalder:don "~' dollars, in hand
paid, hereby sell(s) and quitclatm(s) to 80077 B. TARBELL as whose street address Is 42-1 , C0y or Town of
cCounty of LARIMER and State of COLORADO, the following real properly In the County of Weld and State of Colorado, to wit
tiY
LOT A, RECORDED EXEMPTION NO. 0555-314, RECX20-0028, ACCORDING TO MAP RECORDED NOVEMBER 10, 2020 AS RECEPTION
NO.4649777, BEING A PART OF THE SE1/4 OF SECTION 31, TOWNSHIP 8 NORTH, RANGE 67 WEST OF THE 6TH P. M., COUNTY OF
WELD, STATE OF COLORADO.
State Documentary Fee
Date:
Rats
No Doc Fee Required
also known by street and number as VACANT LAND
with all its appurtenances.
Signed this day of <�
staled &/0h4)
County of La-eV/116r
The foregoing instrument was acknowledged before me on this day of Q� 2O2-4' by SCOTT B. TARBELL
When recorded return to: SCOTT B. TARBEU.
P. O. BOX 1376, LOVELAND, CO 60539
Form 1092 dosIng/deeds/statutorytqcd_statutory.html
LANCE MARSEN BARTHEL
NOTARY PUBLIC
STATE OF COLORADO
NOTARMY COMMISSION EXPIRES
ID yf /2
N2024
25193489
(100229867)
1111111111111 111111111111
4939051 Pages: 1 of 1
01/00/2024 03:02 PM R Fee:$13.00 D Fee:$0.00
Carly Koppel, Clerk and Reoorder, Weld County , Co
Mil MN IOU IA II III
Quit Claim Deed
(Pursuant toC.R.S.38.30-113(1)(d))��'�
Grantor(s), SCOTT B. TARBELL , whose street address is 111/1 ( i,C , City or Town of County of
LARIMER and State of COLORADO, , for the consideration of """ Ten Dollars and Other Good and Valuable Consideration """ dollars, in hand
pan, hereby sell(s) and quitclaims) to SCOTT B. TARBELL as whose street address is � t ( ( A , City or Town of
MP I,lDrC99unty of LARIMER and State of COLORADO, the following real property in the County of Weld and State of Colorado. to wit:
LOT 13RECORDED EXEMPTION NO. 0555-31-4, RECX20-0028, ACCORDING TO MAP RECORDED NOVEMBER 10, 2020 AS RECEPTION
NO. 4649777, BEING A PART OF THE SE7/4 OF SECTION 31, TOWNSHIP 8 NORTH, RANGE 67 WEST OF THE 6TH P. M., COUNTY OF
WELD, STATE OF COLORADO.
State Documentary Fee
Date:
60.00
No Doc Fee Required
also known by street and number as VACANT LAND
with all its appurtenances.
Signed this day of / J
state of r.(%( (l Tit G/v
County of 24247M &r.
The foregoing instrument was acknowledged before me on this day of TAM rt. 2dLy by SCOTT B. TARBELL
Pubtuc
My Commission expires 2 -10 2O Zy
LANCE IdARSEN BARTHEL
NOTARY PUBUC
STATE OF COLORADO
NOTARY ID 20204005611
MY COMMISSION EXPIRES 2/10/2024
When recorded return to: SCOTT B. TARBELL
P. O. BOX 1378, LOVELAND, CO 80539
Form 1092 closingichredsistatutory/qcd_statutory.html
25193489
(100229867)
d1&
III 111111111118 1111011 NI
PROPERTY DESCRIPTION
A tract of land, located in the Southeast Quarter (SE1/4) of Section Thirty-one (31), Township
Eight North (T.8N.), Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian (6th P.M.),
County of Weld, State of Colorado and being more particularly described as follows:
COMMENCING at the Southeast corner of said Section 31 and assuming the South line of said
SE1/4 as bearing South 88°02'01" West being a Grid Bearing of the Colorado State Plane
Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2495.85 feet
with all other bearings contained herein relative thereto;
THENCE South 88°02'01" West along the SE1/4 of said Section 31 a distance of 446.82 feet to the
POINT OF BEGINNING;
THENCE continuing South 88°02'01" West along said SEl/4 a distance of 2046.85 feet to the East
line of that parcel of land described in that Bargain and Sale Deed recorded May 25, 2006 as
Reception No. 3390958 of the Records of Weld County;
The following Two (2) courses and distances are along the Easterly and Southerly lines of
said Deed;
THENCE North 00°07'12" West a distance of 1320.26 feet;
THENCE North 88°03'36" East a distance of 1246.05 feet to the Southeast Sixteenth corner of said
Section 31;
THENCE North 88°09'28" East along the North line of the Southeast Quart of the Southeast
Quarter (SE1/4SE1/4) of said Section 31 a distance of 8.24 feet to the East line of that parcel of
land described in that Bargain and Sale Deed recorded May 25, 2006 as Reception No. 3390957 of
the Records of Weld County;
The following Two (2) courses and distances are along the Easterly and Southerly lines of
said Deed;
THENCE North 00°03'33" East a distance of 310.00 feet;
THENCE North 04°38'11" East a distance of 132.84 feet to the Southwest comer of Lot 9,
Waterford Hill PUD;
The following Ten (10) courses and distances are along the Southerly lines of said
Waterford Hill PUD;
THENCE North 76°31'15" East a distance of 212.84 feet;
THENCE South 10°15'20" East a distance of 190.10 feet;
THENCE South 35°37'55" East a distance of 226.47 feet;
THENCE South 80°35'15" East a distance of 122.94 feet;
THENCE North 40°38'41" East a distance of 133.36 feet;
THENCE along the arc of a curve concave to the Northeast a distance of 436.63 feet, said curve
has a Radius of 630.00 feet, a Delta of 39°42'35" and is subtended by a Chord that bears South
69°12'46" East a distance of 427.94 feet to a Point of Reverse Curvature;
THENCE along the arc of a curve concave to the right a distance of 6.16 feet, said curve has a
Radius of 15.00 feet, a Delta of 23°30'59" and is subtended by a Chord that bears South 77°18'34"
East a distance of 6.11 feet to a Point of Tangency;
THENCE South 65°33'04" East a distance of 57.16 feet to a Point of Curvature;
THENCE along the arc of a curve concave to the left a distance of 50.03 feet, said curve has a
Radius of 60.00 feet, a Delta of 47°46'23" and is subtended by a Chord that bears South 89°26'16"
East a distance of 48.59 feet to a Point of Tangency;
THENCE South 89°46'04" East a distance of 148.05 feet to the East line of said SE1/4SE1/4;
THENCE South 00°14'00" West along said East line a distance of 679.59 feet to the Northeast
comer of Lot A, Recorded Exception No. 2AMRECXI8-06-4248;
The following Three (3) courses and distances are along the Northerly and Westerly lines of
Lot A and Lot B of said Recorded Exception No. 2AMRECX18-06-4248;
THENCE South 88°02'21" West a distance of 230.34 feet;
THENCE South 4090'10" West a distance of 342.51 feet;
THENCE South 00°33'20" East a distance of 368.59 feet to the POINT OF BEGINNING.
Said described tract of land contains 3,231,891 Square Feet or 74.194 Acres, more or less (f), and
is subject to any rights -of -way or other easements of record or as now existing on said described
parcel of land.
PA20230531`,VACATED-RECx20-0028.doc Page 1 oft
SURVEYORS STATEMENT
1, Paul B. Groves, a Colorado Licensed Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking, and that it is true
and correct to the best of my knowledge and belief.
Paul B. Groves - on behalf of King Surveyors
Colorado Licensed Professional
Land Surveyor #38209
KING SURVEYORS
650 East Garden Drive
Windsor, Colorado 80550
(970) 686-5011
P120230531WACATEIIRECX20-0028.doc Page 2of2
PLANNER:
CASE NUMBER-
APPLICANT -
ADDRESS:
REQUEST:
LEGAL DESCRIPTION:
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Chris Gathman
HEARING DATE: May 18, 2020
RECX20-0028
Scott Tarbell
P.O. Box 1376, Loveland, CO 80539
Two -Lot Recorded Exemption
Lot B of 2nd Amended Recorded Exemption 2AMRECX18-06-4258; being a part
of the SE4 of Section 31, T8N, R67W of the 6t" P.M., Weld County, CO
LOCATION: North of and adjacent to County Road 86 and west of and adjacent to the County
Road 15.
PARCEL NUMBER: 0555-31-4-00-018
PARCEL SIZE: Total +/- 73.4.acres ZONE DISTRICT: A (Agricultural)
Proposed Lot A 34.9 acres (Net)
Proposed Lot B +/- 38.5 acres
WATER SOURCE- Lot A: Existing North Weld County Water District Tap #?
Lot B: Proposed North Weld County Water District Tap
SEWER SOURCE. Lot A: Proposed Septic
Lot B: Proposed Septic
Description:
05/08/2000:
05/25/2006:
11/14/2007:
4/24/2019:
The applicant is requesting a two -lot recorded exemption on irrigated cropland. Most of the
property is covered by a half -pivot. The proposed recorded exemption will split the area
irrigated by the pivot approximately in half. Per phone conversations the applicant has stated
he intends to build a single-family dwelling unit in the northeast portion of proposed Lot A.
The following timeline describes the history of the property:
A Two (2) Lot Recorded Exemption (RE -2690) was recorded under reception number
2766550.
A Two (2) Lot Recorded Exemption (RE -4258) was recorded under reception number
3390960 on Lot B of Recorded Exemption RE -2690.
Amended Recorded Exemption (AMRE-4258) to adjust the boundaries between Lot A and
B of RE -4258 was recorded under reception number 3517497.
Second Amended Recorded Exemption (2AMRE-4258) to adjust the boundaries between
Lot A and B of AMRE-4258 was recorded under reception number 4483821.
RECX20-0028
Page 1 of 7
The Department of Planning Services staff has reviewed this request and recommends that this
request be Denied for the following reasons:
Section 24-8-40.D of the Weld County Code States:
The proposal is consistent with the policies and goals of Chapter 22 of this Code.
Section 22-2-20.F A.Goal 6. States: Provide mechanisms for the division of land in agricultural
areas to support the continuation of agricultural production.
The proposed recorded exemption will divide a sprinkler pivot in half and could impact the
continuation of agricultural production.
Section 24-8-40.I of the Weld County Code states:
The proposal is consistent with the intent of the zone district the exemption is located within as
expressed in Chapter 23 of this Code.
Section 23-3-10 — Intent of the Agricultural Zone District states: Agriculture in the County is
considered a valuable resource which must be protected from adverse impacts resulting from
uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as an essential feature of the
county. The A (Agricultural) Zone District is intended to provide areas for the conduct of
agricultural activities and activities related to agriculture and agricultural production, and for areas
for natural resource extraction and energy development, without the interference of other,
incompatible land uses.
The applicant is proposing to divide a property covered by an irrigated half -pivot into two (2) parcels.
The proposed parcel boundaries will divide the pivot approximately in half. The parcels could be
sold at any time to a separate owner who may decide not to proceed with agricultural production
and irrigation on the property. This could impact future agricultural production. Staff discussed the
option of dividing the property in a manner that would protect the center -pivot such as locating the
entire or majority of the sprinkler pivot on a single recorded exemption lot, similar to other recorded
exemptions where a pivot is located entirely on a Lot B, C or D. The applicant determined that he
wished to proceed with dividing the pivot in half.
Section 24-8-40.K of the Weld County Code states:
The proposal is consistent with the Statement of Purpose as expressed in Section 24-1-30 of this
Chapter.
Section 24-1-30.J states: Preserving agricultural land and promoting its most productive
agrarian use.
The proposed recorded exemption will divide a sprinkler pivot in half and could impact the
continuation of agricultural production.
Should the Board of County Commissioners approve this request, the Department recommends the
following conditions be attached:
1. Prior to recording the plat:
A. The applicant shall address the concerns of the Public Works referral dated March 13, 2020
relating to the proposed Lot A and Lot B access location(s). (Department of Public Works)
RECX20-0028
Page 2 of 7
B. The applicant shall satisfy the concerns of Weld County School District RE -4, as stated in the
referral response dated March 23, 2020 per Section 24-8-40.K.1 of the Weld County Code.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Planning Services)
C. Lot A shall comply with the one (1) acre net minimum lot size required by Section 24-8-40.L of
the Weld County Code. Net acreage calculations should not include future road right-of-way.
D. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section
24-8-10.6 of the Weld County Code. Net acreage calculations should not include future road
right-of-way.
E. Lot B shall comply with the thirty-five (35) acre net minimum lot size required by Section 24-8-
40.P. of the Weld County Code. Net acreage calculations should not include future road right-
of-way.
2. Items to be included on the plat:
A. The plat shall be titled: Recorded Exemption No. 0555-31-4 RECX20-0028
B. County Road 86 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 delineate and label on the plat the future and
existing right-of-way (along with the documents creating the existing right-of-way) and the
physical location of the road. If the existing right-of-way cannot be verified it shall be
dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant
to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is
measured from the future right-of-way line. This road is maintained by Weld County.
(Department of Public Works)
C. County Road 15 is a paved 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 delineate and label on the plat the future and
existing right-of-way (along with the documents creating the existing right-of-way) and the
physical location of the road. If the existing right-of-way cannot be verified it shall be
dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant
to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is
measured from the future right-of-way line. This road is maintained by Weld County.
(Department of Public Works)
D. Show and label the existing and proposed access point(s) and the usage types (Agriculture,
Residential, Commercial/Industrial, or Oil and Gas). Public Works will review access locations
as a part of the plat submittal. (Department of Public Works)
E. The size of Lot A shall be adjusted to not exceed 34.9 acres. (Department of Planning
Services)
F. The access to Lot A exists onto County Road 86. A second access has been proposed onto
County Road 15. Delineate this access point onto County Road 15 in a location that meets
the minimum spacing criteria per Section 8-14-30, Table 1 of the Weld County Code.
G. The access to Lot B shall be one of the following:
Share the existing access onto County Road 86 at the southwest corner of the property with
the adjacent property owner:
RECX20-0028
Page 3 of 7
A recorded copy of any agreement signed by all of the owners of the property crossed by the
access. The access shall be for ingress and egress and shall be referenced on the plat by the
Weld County Clerk and Recorders reception number.
OR
Delineate the access point onto County Road 86 for Lot B in a location that meets the
minimum spacing criteria per Section 8-14-30. Table 1 of the Weld County Code.
H. Show and label all recorded easements and rights -of -way by book and page number or
reception number and date.
3. The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located. Pursuant to the
definition of setback in the Weld County Code, the required setback is measured from
the future right-of-way line.
*No occupied building or structure shall be constructed within two hundred (200) feet
of any tank battery, within one hundred -fifty (150) feet of any oil and gas wellhead or
within twenty-five (25) feet of any plugged or abandoned oil and gas well.
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
3) Lot A is not eligible fora future land exemption in accordance with Section 24-8-20.C.1
of the Weld County Code.
4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres
net unless approved by the Weld County Board of Commissioners in accordance with
Section 24-8-40.P. of the Weld County Code.
5) The property owner or operator shall be responsible for controlling noxious weeds on
the site, pursuant to Chapter 15, Article I and II, of the Weld County Code.
6) 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.
7) All access and utility easements are dedicated for the benefit of all owners of lots
depicted on this plat, including owners of future lots created therefrom, regardless of
lot configuration or number of users, and without limitation of the use or intensity of the
use of such easements. No lot owner may install a gate or otherwise impede the use
of such easements without the approval of all persons with rights of use of such
easements.
8) Access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite tracking.
9) Prior to the release of building permits, the applicant shall be required to submit a
complete access application for a "preliminarily approved" access location as shown
on this plat.
10) 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.
11) The historical flow patterns and runoff amounts will be maintained on the site.
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12) 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.
13) Prior to the release of building permits on Lot A and/or B, the applicant shall submit
evidence to the Department of Planning Services that the lot has an adequate water
supply of sufficient quality, quantity and dependability.
14) Potential purchasers should be aware that Lot A 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.
15) 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.
16) 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.
17) 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.
18) 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.
19) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some
of the most abundant mineral resources, including, but not limited to, sand and gravel,
oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are
vital resources because (a) the 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.
20) WELD COUNTY RIGHT TO FARM STATEMENT: 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
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attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife,
lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County
would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area.
Well -run agricultural activities will generate off -site impacts, including noise from
tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal
pens, field work, harvest and gravel roads; odor from animal confinement, silage and
manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and
supplies to assist in their agricultural operations. A concentration of miscellaneous
agricultural materials often produces a visual disparity between rural and urban areas
of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall
not be found to be a public or private nuisance if the agricultural operation alleged to
be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the way"
of residential development. When moving to the County, property owners and
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.
4. Additional Comments.
A. If residences or structures requiring water and sewer are constructed or used for the proposed
lots, Weld County On -site Wastewater Treatment System (OWTS) Permits are required for
septic systems and shall be installed according to the Weld County OWTS Regulations.
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5. The plat shall be prepared in accordance with the requirements of Section 24-8 60 of the Weld County
Code. The applicant shall submit an electronic copy (PDF) of the plat for preliminary approval to the
Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat
along with all other documentation required as conditions of approval. The Mylar plat shall be
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
Resolution of the Weld County Board of Commissioners was signed. The applicant shall be
responsible for paying the recording fee.
6. In accordance with Weld County Code Ordinance 62012-3, approved April 30, 2012, should the plat
not be recorded within the required sixty (60) days from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance charge shall be added for each
additional three (3) month period.
7. The applicant shall create and record deeds for all the newly created lots; deeds shall include the
legal description of each lot and the reception of the recorded exemption. New deeds are required
even if lots will remain under the same ownership. Failure to do so may create issues with the proper
assessment of the lots by the Weld County Assessor's Department and may create a clouded chain
of title.
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