HomeMy WebLinkAbout20242030.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION, VAC24-0010, OF FOUR -LOT RECORDED
EXEMPTION, RECX19-0061, FOR REMOVAL OF LOT D - PAUL AND CRYSTAL ESH
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on November 15, 2019, the Department of Planning Services approved
Four -Lot Recorded Exemption, RECX19-0061, and
WHEREAS, the Board has received a request from the current property owners, Paul and
Crystal Esh, 46715 County Road 19, Nunn, Colorado 80648, represented by TSD Surveying,
13013 County Road 86, Pierce, Colorado 80650, to vacate Lot D of Recorded Exemption,
RECX19-0061, located on the following described real estate, to wit:
Lot D of Recorded Exemption, RECX19-0061; being
part of the W1/2 E1/2 of Section 28,
Township 9 North, Range 67 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of the
Department of Planning Services staff and all of the exhibits and evidence presented in this matter
and, having been fully informed, deems it advisable to approve said partial vacation, and makes
the following findings:
1. No property will be left without access to a public road right-of-way as a result of
the vacation.
2. No property resulting from the vacation will continue to use any access across any
other lots within the exemption plat.
3. No existing easements are affected by this vacation of Lot D of Recorded
Exemption, RECX19-0061.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Paul and Crystal Esh, for Partial Vacation of Four -Lot
Recorded Exemption, RECX19-0061, for removal of Lot D, be, and hereby is, approved, subject
to the following condition:
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
c c : pL(ER/MN/DA), ASR (SG), APPL ., IAPPL . REP.
ofs/26/2./
2024-2030
RECX19-0061
PARTIAL VACATION, VAC24-0010, OF FOUR -LOT RECORDED EXEMPTION, RECX19-0061,
FOR REMOVAL OF LOT D - PAUL AND CRYSTAL ESH
PAGE 2
Recorded Exemption, RECX19-0061, and not vacated herein, shall be rededicated
on the exemption vacation plat in the signed Property Owner's Certificate.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of July, A.D., 2024.
ATTEST: C.t
Weld County Clerk to the Board
BY:
titei Oaitcoick
Deputy Clerk to the Board
unty rney
Date of signature:
BOARD OF COUNTY COMMISSIONERS
WELD COUN Y OLO ' •
0
Kevin '. Ross, Chair
‘12,/4
erry L. Buc Pro-Tem
ike Freeman
on Saine
2024-2030
RECX19-0060
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Weld County Board of County Commissioners
From: Eric Sheley, Planner
Subject: Partial Vacation of RECX19-0061
Hearing Date: July 29, 2024
Owners: Paul and Crystal Esh
Representative: TSD Surveying c/o Tyler Dreman
13013 County Road 86, Pierce CO, 80650
Legal Description: Lot D of Recorded Exemption RECX19-0061; being a part of the E2W2 of Section 28, T9N,
R67W of the 6th P.M., Weld County, CO
Location: % mile East of County Road 17; South and adjacent to County Road 102
Parcel Number: 0453-28-1-00-001
Total Parcel Size: +/- 147.66 acres Zone District: A (Agricultural)
Summary:
The applicant requests to vacate Lot D, being the largest lot of the four -Lot Recorded Exemption RECX19-
0061, recorded February 26, 2020, reception #4570021. This partial vacation of Lot D of RECX19-0061
would result in an approximately 147.66 acre unplatted parcel. Lot A, Lot B, and Lot C of RECX19-0061
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.
2024-2030
117.9
Vacation of Lot D of RECX19-0061 I Esh
Page 1 of 2
'j �C�C1R-OM,/
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 RECX19-0061 I Esh
Page 2 of 2
To whom it may concern,
I am applying for a Plat Vacation on behalf of my client, Paul and Crystal Esh, to vacate parcel no.'s
045328200028, 045328100001 and 045328400018 also known as Lot D of Recorded Exemption No.
0453-28-2 RECX19-0060, Lot D of Recorded Exemption No. 0453-28-2 RECX19-0061, and Lot D of
Recorded Exemption No. 0453-28-2 RE -3672. We have submitted the application and all supporting
documentation, including the draft plat. We humbly request that the application be reviewed, and
please reach out if there is anything else needed to complete the vacation.
Thank you,
Tyler Dreman, PLS
TSD Surveying
VACATION PLAT OF LOT D,
RECORDED EXEMPTION NO. 0453-28-2 RECX19-0061
LOCATED IN THE WEST 1/2 OF THE EAST 1/2 OF SECTION 28, TOWNSHIP 9N, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN
COUNTY OF WELD, STATE OF COLORADO
//////��� EAST2)/I6 CORNER 530, i9
STAMPED LUNINUM CAP OFI A NO. JB REBAR
pL(I
]0.00'
5 00'58']6" E. 2599.42'
/// CENTER -EAST 16 CORNER 528, T9N, ft6JW
/ 3 1/2' ALUMINUM CAP ON A N0. 6 REBAR
p.// slnuPEo IOJ4o
REscATEo DN __ Br vncaTED LOT o
orHnoN No. so2a-__ - DF REcztB-oD61
E BOARD OF COUNTY 148.013 ACRES CROSS
COMMISSIONERS Of WELD CWNTT 146.191 ACRES NFi
021.80
F,A1 DESCRIPTION TO BE VACATED
LOi D, RECORDED E%EMPTION NO 045]-26-2 REC%19-pD61 ACCORDING i0 ME PLAT flECOROED FERRUAPv 26, 2020
ER RECEPTION N0. 4570021, BEING PART OF THC WEST t/2 OF THE EAST t/2 OE SECTION 28, TOWNSHIP 9 NORTH.
RANGE 6J WfST OF HE 6TN P.M.. COUNTY OF WEIR, STATE OF COLORADO.
,GAL NESMIPTION AFTER VACATION
BEING PART OF ME WEST 1/2 OF THE EAST t/2 OF SECTION 2B TOWNSHIP 9 NOR1N. FANGE 6T NEST OF THE r.
CWNTY OF HELD, STATE OF COLORADO, MORE PARTICULARty DESCRIBED A5 FOLLOWS
SURVEYOR'S NOTES
`HIS PLgT WAS CREATED TO VACATE LOT O OE RECORDED E%EMPIION N0. 045]-20-2 RECx1B-0061 RECORDED ON
EBRVARY 2fi. 20X1 UNDER RECEPTION ND. ST002t
2 ECOR RVEYINGFRELIEO UPON BEOARINC5 ANO DISTANCES FROM RECORDED E%EMPTION N0. Oa5J-20-2 REC%t9-0061
R DED ON EBRVARY 26, 20 NOER RECEPTION N0. I5T0021
Y PERSON WH LY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SU uT OR LAND
DAORY MONUNEN �OR ACCESSORY COMMITS A CLASB TWV (2) MISDEMEANOR PURSIAUTIXTOM5TATE STAKE
18-4-5 B, C..S
BEARINGS ARE BASED ON THE NORTH LIN OF HE WEST 1/2 OF 1HE EAST 1/2 OF SECTION 20, TOWNSHIP
NORTH. RANGE bJ WEST Oi 1HE BTH P.ME SAIOl LING BEARING NORTH BOD'OD' CASs BETWEEN THE SHOWN
MONUNENI5 ON 1X15 SURVEY, AND N1TH ALL OTHER BEARINGS CONTgINED HEREIN RELATIVE THERETO.
S. LINEAR DISTANCES SH WN HEREON ARE IN U.5. SURVEY FEET.
N
lA1CIP OED ^RSOAFOERORADO LAWT OISCOVEREDOMMEHFs'NE T, ECA NO EVENT MATOfi,;.TION BAFSEO UPONIANY OEFECTIREIN
COMMENCED MIXtE THAN TEN YEARS FROM THE GATE OF LfRIIFICATION SHOWN HEREON.
AC
PAUL ES
STATE OF COLORADO
IN iY OF WELD
COMM1540N
E5
Au0 SEAL
;55.
ER
HE
Do HDOSHovm H
01
AND THAT AN F
PROPER iY DESC
CAD RIGHTS -OF -WA
CRYSTAL E.
BOARD OF COUNTY COMMISSIONERS' APPRNVAI
EAST 1/16 .C.Ar 521f1, i9N, RBJW
2 1/S ALUMINUM CAP IXi SiAMPEO 502B
S 00'sJ•4s' E, 269
fC
THIS VACATION PLAT IS APPROVED BY THE BDARD OE CDUN IY COMMISSONERS a WELD COUNTY, STALE OF COLOFADO.
i'S- MY HANG
AND THE CORPIXtAIE SEAL OF WELD LWNIv THIS _ - DAY Of 20_.
CHAIR. ROA. OF COUNTY COMMISSIONERS
ATTEST'.
WELD COUNTY CLERK TO THE BOARD
BY:
DEPUTY CLERK TO THE BOARD
DATE
J0.00'
60.00'
NT�J 1 eM9.6� _ -
E - _
' SWTH 1/4 CORNER 526. T9N, RB]W
R 2 I/2 ALUMINUM CAP UN 5 NO.Eb RCBAR
AMP D ]0463
102
PROPERTY
t0D
VICINITY MAP
SCALE: NOT TO SCALE
5TERED PROF
BCAgO F RECISTRATIW FOR PROF ES
L
D. 2.. .0. 600'
SCALE: 1" = 200'
LEGEND
NAARY LINE
RECH1-Of-WAY LI
CORNER.NA5 NOTED
• TIC REBAR WITN PUSTC CAP
STAMPED JT041
WAS MADE UNDER MST PERSONAL 5 PfRNSION�AND iNO HTHIS PLAERISFANTMA
ER CERTIFY THAT THE SURVEY AND THIS PLAT COMPLY WTH ALL
1W5 Of THE STAIF OF COLORADO, STATE
J L ENGINEERS AND PROFESSIONAL AND SURVEYORS. AND WELD COUNTY.
TYLER DREMAN. PL5. JeJ29
DATE
VACATION PLAT
CUE
1" 200' FEET
i5D uw. i5D
9PpE 011010 for p Amin buIl01PP perd'lacwea locolilc0nf anahovn Onq lnlatlple', mit c comp'°'• occ»•
IOP Anytlwork Mof may Ua�°Prrmiftlp or to commancemenLC°unh nBMa-of-woY o. aoaemen' an011 00,0- an
11) ins M1le orlcal Ilow paMema 0nd runoff amounfa will be ma,nto'n.d an the site.
Ini P imen�len•a�e%a me n�e.inq'o� no<k anlmm., rn. llsg�o�. m�laiD� or wo .. a.ae� el�
r3) Po mlol sNw�a»„ .Home p b°w » �nol aro.nawm.r m ermkln9 wme sere
1 a°no D.pon pnt^o rp�neaH.aNn° a
tlnr.ace •I e r nw p w.11 °..n ie t..lin.lr arin a wm r 1 ° notll<mlr °
H.��l p
la) Pol•n'lal P rcnwe a Ea/m1p11on d loblalne1p
will M°Iaau•erl t e lot owner le unable t0
well perm''. TM1• Slol• Dm'aien 101 water Rmourc•a nsun 011 w p 1ta.
5 Itlin m11 o men 01 Plan n
ben <w Ina' tLon •Fav�e on adequate pafar pPY I aulticie q obilry. quo y ontl tdap•ntlabilih, g
ol) nu1Aa10Ex�mpt �BURBInIe per tnel�aeul»Imanta lot s°dien°29 - nd°sectlen 8293 �20.B�tt3 °I Ion
e Cenllicef• 01 na PI0nlninp
b. •gpo-.d '° inner.
�IltlfdM�IllliNhil9kP�4flf7FJIIM�KIWYr� �IIII
RECORDED EXEMPTION NO. 0453-28-2 RECX19-0061
THE WEST HALF OF THE EAST HALF OF SECTION 28, TOWNSHIP 9 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL
MERIDIAN, COUNTY OF WELD, STATE OF COLORADO
ane (SHEET 1 OF 2)
II propa»tl o xlallnq ru tuna wlll or tl0 m I Ine minl, um ••tbabk and m nla for In
dYMci In wnlcM1 'ne properly la°le<elee. Pun n of °• ock In IM1 aunts Code, the
requlrad aelbpcN N meeaured 'rem IM1• aa'aling nor lulus g al -way Ilne. wM1lcl,everVlae p� far.
tllnp c II°d 10 IM1aae a cuponclaa Ilat•tl o A, B. E, f, H
on 302.110 he 2016 Int mallonal Buildlnq Code, aM1 rvcNtl wllhin a 300 -tool ndlw of y
„) T wand . mpimn m Dt bµ Ie a r ue� Ml a iYo peel a unle» n 7,7' by
1 • Wald county BaorE of rCam alon•n occoMonw IIh sa 2 - - .. of tn• wale counts Loa..
6) TM1e property o na181• ror contra p oxloua wets• an the aif , pu auan' la
LM1ap'er 16, Anlcle I one 11, of 'M1e WItl Co y 0tla.
e�lallnl9 1111l1ea wilM1in Ine elxl p ounM 9i9 _o sntaY'oca'ad wlMin axle 9 n9n'-ofwoY ar poY to ralocal•
•tl for ins bme1i' of n o n Mls ul0t,
lot c roNon tv o tl
rllM1out IM1 pP of of p•nona wIM pnfanol luae of •ucM1
water for wo'ennB o wpanln9 of 'Ives
IJ) e • prow etl 'ale
County iWltl� Rwd emipacldfeen Pmprem. a
IB) Bu enp .°. on I »e m wn b. w d la mh.n 10 fn. l.• .trvman el Ine cp°my
fad h the ontl Oro ne9s emPaclni» Pregrame.°
I „' Pr a Ine re e0» a euiitlinp submit a recoreetl d»tl tle enbin
anal' Ine1uda Ina glnlevael fno'IonuaeteeRic1 �d°de•E»pmlln O°p mtbe ypllc0'lona. in legal sae Ipfien on auto tl»d
p ontl ptlon nun
L°awh ng one tom. w,
r 1.0. safety, but oleo foe IM p o'ecnon of Ins 'arm.:. Iiw100.
VICINITY OMOAP
LOT AR
', s<en L. Da<emman, ° e prol.aMenm m In . sm, a rv.y by M
rvlalon. an le rPlof tla ertny M
y apPIlcONle ry • u'al'o ane l0 a SlOfs 01 Caloraeo,°Slate Boots IOI IRegllelrollon tar Prohaa1en01E
ontl Profe»lonol land°6urvayan, ontl We10 COunfy.°a a era
Scott Le Oucommun Ls 3JOa1`
n w b.nyi pf A., Tev er a Duk. uc
hors t7,7
commenced m 1 y ant•Irom
31 BASIS OF eEARINGS23,f4a oea art �6 nbOr) a 4o-M•DNonhaoa bco�rwr el•samlon 28 (m°numenNtl lwllM1 20 2m /2"n 0luminulmM1 cop. L52't 13]a
on a196 rebar)Lla 0»um•d. 1
inlay n i°e.n<pmpl.l., ar. ea..e q::rm°i�lormano�ll.°and ar. m b. a..e r �°m .° e�'..e er p -ef- w nl<n a...newn n...an
R.O.W. OTE5�
' EA6EYENTp ANBD RIGHT} OF WAT INiORYATION SHOWN HEREON AREO As USTEO IN iH WEID COUNTY ROAOVIEWERs REPORTS AND
ENI PREPA D Y STEWARi TlitE COMPANY Of NORTHERN GATED 30 Y ,E2019: FILE N0. 0 SIB2. NO OTHER EASCYENi
P�OHIOEONEN F'- ECOROEO EEA f,., S:sr„ ERTMOROCATESLAREIRELOYM NOESO TOE OETIERY NE THEHLOLALION I jHIENIEi YAY
t) Ripn1 0l w Nunn TY•anow ;omp,nY re prded Se^,ember 231 1 ePl'In N t6389J1a. ^Eecpllan /13)
amtlon. LM1a°tlocument ow ne con0n aulllc •m ormatlon o dY•rmine loco on. IM1ere on a of aM1own.
2) C Netmlinl tj xunn ie'apnone CempanY ncoreetl .'u1Y 30. 1981 ca flec°pnon No. 1836933. (EacePllon 9a aJ
a° on. M docum°m dwa net <enlain •ullld•nt Informatlen Io dYermlw 1ec011an. Inerefore N not ahown.
3) Cgeamanl 1 Trl-glela Gen•r01lon and ironamlaal0n A»ocle'lon In Rule ontl order neoNatl au'y 20. 1881 ae R p n uo. iB63BJa.
c ace tlo
(Exc•Nol'allon' T wrcel tlaacribee In IM1° docum•nl doaa nm lie wllFln IM1° boundary al Ine subject pone'. tnn•fon naa been not ohm
a) .1.4=.40:),M14•4====044.11.17, ca,detl A 2003 as Rwepllon No. 822. (Excepnen 916)
Inlormollon la eYermine locallan, Inera'ore la net mown.
PROPEflTY DESCRIPTION:
eF,Y, f (W. I/2) of the Ewf Holl (E. 1/2) of Seclian 20, Towwhip 9 Nonn, Range 6] Weal
of Ma et rinmpm 4Mtl1an, counts of Web. Sfo'a 01 Coloroao.
PROPERTY OWNFR5� CERTIFICI
e, PFV 3,
rcel(a) al
ale nllwld�d te,prorlGe onacalfa, Paul 5. Een
Slate of Calaratlo )
ea h °� wale je•.
cn,1 Wa`I w ,4 n.,,....
Bourg < icon was ackr
.4, .01
B, Paul O. F. ontl
ire
hen/s n I•v ° bD —dv ed
MdvmOp.al
h• (Ap ul' ml) zone elalrlcl ane p
.d b.lpre m. rnn ?�'anr
CERTIFICATE OF APPROVE(„ot,t' BOARD OF COUNTY COMM14?IONF,11
This p Is o p an pp •e W Ine Bwrd of [aunty Commlealonan ar Wald Co., 5101• of
.0. 2020.
Ch°Ir, Boc�rdy°1 LeuCn�ly �C.°/m laal°nara
AREST: e.�c•`v✓ S "Rde'r.�
O IYl'ti 07.0
Dab
3 u
ooa�a
RECORDED EXEMPTION NO. 0453-28-2 RECX19-0061
THE WEST HALF OF THE EAST HALF OF SECTION 28, TOWNSHIP 9 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL
MERIDIAN, COUNTY OF WELD, STATE OF COLORADO
(SHEET 2 OF 2)
n.tt.[nv IBA IS OF BERING51
A rv�
I I sT,MP 1 to R a a E
UHiT[ 9ieiEYENj
ars � ea)mal lest unitf.
i av�ni.fc mea•�
1allon n. �nN.r a.
.ean one Proleesianal Lan
State of Colaraa0 E • 0
o ainot
a �ini:'P�= rNna�E>x rsRL
. eaare al
e, ane weia lCounh. ro.. <. ,.
5 . oaaamm N �s. s�osi _
200.
SHEET � Of 3
RECORDED EXEMPTION
Paul Esh
6615 R. 19,
Nunn, CO 80648
COUNTY of wEID COLORe00
DATE
REvisioNs
Ootootono Per Public
<HCONEO v9v: "so _
2/e
2/10
0e1E
PROJECT NO.
2019-0S]
Notice
Pursuant to Section 24-11-50.1.1 of the Weld County Code, the following matter will be considered
on the Consent Agenda of the Weld County Board of Commissioners and no public testimony
shall be heard unless it is removed from the Consent Agenda and placed on the regular Agenda
by action of the Board, with said public hearing to be held in the Chambers of the Board of County
Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street,
Assembly Room, Greeley, Colorado 80631, at the date and time specified below.
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days
prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party.
In accordance with the Americans with Disabilities Act, if special accommodations are required in
order for you to participate in this hearing, please contact the Clerk to the Board's Office at
(970) 400-4225, prior to the day of the hearing.
The complete case file may be examined in the office of the Clerk to the Board of County
Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631.
Email messages sent to an individual Commissioner may not be included in the case file. To
ensure inclusion of your email correspondence into the case file, please send a copy to
egesick@weld.gov.
Hearing Date: July 29, 2024
Hearing Time: 9:00 a.m.
Applicant:
Paul and Crystal Esh
46715 County Road 19
Nunn, Colorado 80648
Request: Partial Vacation, VAC24-0010, of Four -Lot Recorded Exemption, RECX19-0061, for
Removal of Lot D
Legal Description: Lot D of Recorded Exemption, RECX19-0061; being part of the W1/2 E1/2
of Section 28, Township 9 North, Range 67 West of the 6th P.M., Weld County, Colorado
Location: 0.50 mile east of County Road 17; south of and adjacent to County Road 102 (see
Legal Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: July 17, 2024
ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
R E CX 19-0061
Owner
PAUL AND CRYSTAL ESH
EVERETT AND ELAINE
SCH LOTTHAU ER
JAMES AND ELAINE HASS
ATTN: TYLER DREMAN
TSD SURVEYING
Address
46715 COUNTY ROAD 19
8531 COUNTY ROAD 100
8523 COUNTY ROAD 100
13013 COUNTY ROAD 86
City
NUNN
NUNN
NUNN
PIERCE
State
CO
Zip
80648-9714
CO 80648-9725
CO 80648-9725
CO 80650
CERTIFICATE OF MAILING
I hereby certify that I have placed a true and correct copy of the Notice, in accordance with the notification
requirements of Weld County for Partial Vacation of Recorded Exemption, RECX19-0061, in the United States Mail,
postage prepaid First Class Mail as listed above.
Dated the 17th day of July, 2024.
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
Certified Mail Fee
Extra Services & Fees (check box, add fee as appropriate)
❑ Return Receipt (hardcopy) $
O Return Receipt (electronic)
❑ Certified Mail Restricted Delivery
❑ Adult Signature Required $
❑ Adult Signature Restricted Delivery $
Postage
Total Postage and Fees
tcrcJ4a a t
Stria- Jd))NoorFlo.
cry, Ste, z�+n CD
1?o
Postmark
Here
ad
EL#kwer
PS Form 3800, April 2015 PSN 7530-02-000-9047
See Reverse for Instructions
C-
s.
ec
0
M N "accts Cu
N t
r ('0
E E
o cd
a
a
0
it
a)
E
0
a)
a)
cc
0
a.)
a
ui
E
a-
a
a)
a
'4-
0
a)
0
. Article Addressed to:
-Tte
ci
C
a)
..
0 rn
^c CCcc ) /)Y Q m .10) .�� a)
CL cr V l V / Lryam.
❑ ❑ ❑ ❑ ❑
a)
o
a
U a)
L
U
a m a) cc ≥
I—'2 (m cvp
Q) c c22 c
(mott-a o
•-w)m0-
3 tt
a) =
(n -0 a a) cv o
<<OOO
N
a) 2
U c
-�_- o o
CC SF_(
moo'
a)
m - c
cn>c�.c
m?c0
ccN
c5❑❑k❑❑
9590 9402 8258 3094 6627 64
cC
ru
0
a
a
Er
r1
Domestic Return Receipt
PS Form 3811, July 2020 PSN 7530-02-000-9053
U.S. Postal Servicee"
CERTIFIED MAIL® RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.com .
R
Certified Mail Fee
ier
Extra Services & Fees (check box, add fee as appropriate)
❑ Return Receipt (hardcopy)
• Return Receipt (electronic)
❑ Certified Mail Restricted Delivery
❑ Adult Signature Required $
❑ Adult Signature Restricted Delivery $
Postage
Total Postage and Fees
av
t 65
City ySttte, Z/P+4
A
PS Form 3800, April 2015 PSN 7530-02-000-9047
I
0,3 c
Postmark
Here
see
tJ
>'
a) 0
o
C
N-¢
a)
cn >
0)
D
a
co ▪ a)
>'c
a)
a) w
a }
O
L
N O
c
-a
M 2 U
13 -O a)
coa
CO
N -O E
0 co U
L
0 a)
o
a >Neu
E
O c O
0 CL. cn
■ ■
U
Q
E
O 4-'
(LS N
O a
O
-C
Cl
O (
as 4E4
4-4
U (1O
) 41=
(1)
CCS C
Qo
0
■
t
a
T
aa)
o c c
a. c o
tag.
m cc EiiiEv
_ ≥
x�ca c
w�� UUo
7= 175 TA > to Rs
o a -Ea- c C v)
lL cc LL O ( ) V J Cr
DOD OD
a)
ai O ah
iv ≥ a ≥
O o
no O U U
•c O
c
u) a
-
U CC U
0 ' a' 4-.
.
Q 00 0
kaN -act
a) a'
(n a
Q
cri D
Cif cti O O
c c c
(7) a)a) —
CCD)
J t t _
<0000
AD El
LU
CD
CD
gct
CD
CT)
CO
CO
co
O
C�
a)
2 20
S
CT'
a)
0
cu
Q
Cu _T
r al
.]
m
t
a
S
l•
O
S
C'
C7
1
fu
S
N
Domestic Return Receipt
3
r
Cr)
U-
a
a
a
O
a
r1
nJ
a
U.S. Postal ServiceTM
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.com
USE
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 $
Adult Signature Restricted Delivery $
Postage
$
To P Cage 3;r s
•
I er brc,rna
Postmark
Here
PS Form 38O0, April 2015 PSN 7530-02-000.9047 See Reverse for Instructions
o
♦ o
co
Lu
w
O
W
1
c
x
0
0
. Received by (Printed Name
} Z
o
U
a)
>
Inca
0 0
4-0
GI
O Cri
P sn
to '-
- U [d a
O
a)
13 la
cO
r 4-0in
O Q
irD 1:2
Ect3 cts
O U U O
L O U) 4--
0 3 :.E C)
+-'
c n tT3 o
o < o
a N
+2
cT
to
Sr
it kr>
Laz
a
ci
C
X 'Fa •as
w22
ALL mho)
V) Cl) U a7 QZ i
Tth _ c c
cc LL o cc o.0)2 cc
Q)
a. a o) 0)
ODD
U a)
U a)
+' cc
Q N Z'
0 C m®L.≥•≥
i-- a7 co a1 a 0 0 —
v cr)o'Dv c --5
0 0
CO CO a) a) •, '
+.4 aviavi
a) 3 5 —
�-at3a)a'Oo
<<0000.
ceinEl ODD:
(O
v
C3)
O
Cr)
a. c0
C11
0
C3)
C))
Me I
mem •
Mr I
m a
r
0 C
as
.>
CI ait
0
> -�
- U
O U a)
'O
Lan
RJ
0
U -
U.
a
a
a
a
N
Domestic Return Receipt
10
CD
O
O
0
th
Z
a
CD
CV
CD
a.
CO
C0
C
Cl.
W
t
1
Ln
N
Er
O
a
a
a
Ell
U.
1
ru
a
St,t and Ap N �j Ci.
0
W
co
co
O
w
i0
w
to
items 1,-2, and 3.
cn O
ocs
E)) U
cti
ii
c 0
0 cn
■ ■
r- .
• O
a)
• sa
o u)
c
Z a) a
-
i a) a)
\, g r
-0 �) 2
a)
> a)
4 a) in
a)
co 4-
ci
C
D
CD 5
O i 0 0
cn -
07 0 ��
Oa
EE la
w�2(ii •cii oo0
coax UUU
s
w 0 m .- a)
•�.ins ,cn "al 111
oa)0�_cc i
' i a) a) a) CD a)
a cc cc ac0)CE
DOD ❑❑
•-U)U)_C)
a) 3 t
(f) ID
ri❑�❑❑❑
Met
i
a'
a)
C)
0
-0
4-
U
ero
�
Cr
MOD — —
- o 0ao
U
0 0 0
a)
1 -
CV
co
co
O
O
co
co
co
CV
O
C)
cp
a)
Article Number (Transfer from service label)
N
MI
0
I]
IIIN
P-
r -9
Domestic Return Receipt
T
CO
CO
lL
0
U.S. Postal Serviceir'
CERTIFIED MAIL® RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.com .
O FI IAL
Certified Mail Fee
Extra Services & Fees (check box, add fee as appropnate)
❑ Return Receipt (hardcopy) $
❑ Return Receipt (electronic)
❑ Certified Mail Restricted Delivery
❑ Adult Signature Required $
Adult Signature Restricted Delivery $
$
Postage
Total Postage and Fees
Postmark
Here
(cLItLCrL�-ht1eo
Da,d iA
tate, ZP+4�
r ,
►'s nn
PS Form 3800, April 2015 PSN 7530-02-000-9047
-R7
I
See Reverse for Instructions
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
7/2/2024
10:37:23 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.
ail\ V0aiW/CJ,
7(Z I 7-1-1Signature
Date
Property Owners Within 500 Feet of Parcel # 045328100001
Account
Parcel
Owner
Mailing Address
R0315686
045321000002
ESH PAUL
46715 COUNTY ROAD 19
NUNN, CO 806489714
R8965229
045328100001
L} t
ESH CRYSTAL
R8965229
045328100001
LO -VD
ESH PAUL
46715 COUNTY ROAD 19
NUNN, CO 806489714
R2980304
045328100020
MURPHREE SUSAN H
R2980304
045328100020
MURPHREE MICHAEL A
49585 COUNTY ROAD 19
NUNN, CO 806489715
R8965228
045328200028
ESH CRYSTAL L
R8965228
045328200028
ESH PAUL S
46715 COUNTY ROAD 19
NUNN, CO 806489714
R8965225
045328300025
ESH CRYSTAL L
R8965225
045328300025
ESH PAUL S
46715 COUNTY ROAD 19
NUNN, CO 806489714
Parcels: 16
Owner Records: 29
Page 1 of 5
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
7/2/2024
10:37:23 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 # 045328100001
douA talAtv-ci,
Signature
Date
Account
Parcel
Owner
Mailing Address
R8965226
045328300026
ESH CRYSTAL L
R8965226
045328300026
ESH PAUL S
46715 COUNTY ROAD 19
NUNN, CO 806489714
R8965227
045328300027
GOOD DANA
8511 COUNTY ROAD 100
NUNN, CO 806489725
R8965230
045328400002
Lu+ Pr
SCHLOTTHAUER ELAINE VERA
R8965230
04532-8400002
`^}" A-
SCHLOTTHAUER EVERETT DUANE
8531 COUNTY ROAD 100
NUNN, CO 806489725
R8965231
045328400003
U4-3
ESH CRYSTAL
R8965231
045328400003
Loo-
ESH PAUL
46715 COUNTY ROAD 19
NUNN, CO 806489714
R8965232
045328400004
4
Wt C)
HASS ELAINE WILHELM
R8965232
045328400004
"" ' v
HASS JAMES MARTON IV
8523 COUNTY ROAD 100
NUNN, CO 806489725
Parcels: 16
Owner Records: 29
Page 2 of 5
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
7/2/2024
10:37:23 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.
bOtiNwTdc,
7)-1)
)f Signature
Date
Property Owners Within 500 Feet of Parcel # 045328100001
Account
Parcel
Owner
Mailing Address
R2723304
045328400017
ESH ELIZABETH
R2723304
045328400017
ESH SAMUEL
49415 COUNTY ROAD 19
NUNN, CO 806489715
R2723404
045328400018
ESH CRYSTAL L
R2723404
045328400018
ESH PAUL S
46715 COUNTY ROAD 19
NUNN, CO 806489714
R3989706
045333100026
SMITH VICTORIA R
R3989706
045333100026
LATHROP P SMITH III AND VICTORIA SMITH
REVOCABLE TRUST
8860 COUNTY ROAD 100
NUNN, CO 806489755
R8945123
045333100028
RAMOS SUSAN J
R8945123
045333100028
GORDON LUCINDA M
8594 COUNTY ROAD 100
NUNN, CO 806489755
R2659004
045333201001
PROBST LIVING TRUST DATED FEB 27 2008
8420 SHIRE RD
NUNN, CO 806489765
Parcels: 16
Owner Records: 29
Page 3 of 5
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
7/2/2024
10:37:23 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 # 045328100001
6041 [OM O1114 -
12I 7.1.4
Signature
Date
Account
Parcel
Owner
Mailing Address
R2659304
045333201004
LANGLIE BETHANY A
R2659304
045333201004
LANGLIE JACOB E
8416 SHIRE RD
NUNN, CO 806489765
Parcels: 16
Owner Records: 29 Page 4 of 5
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
7/2/2024
10:37:23 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 # 045328100001
Parcels: 16
Owner Records: 29
Jan LOotAtt))
'I z
Signature
Date
Page 5of5
PLAT VACATION APPLICATION
RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS
FOR PLANNING DEPARTMENT USE: DATE RECEIVED:
AMOUNT: $ CASE # ASSIGNED:
APPLICATION RECEIVED BY: PLANNER ASSIGNED:
PLAT INFORMATION
Title of plat to be vacated: Recorded Exemption No. 0453-28-2 RECX19-0061
['Complete Vacation (must include all lots)
QPartial Vacation (vacated lots must be over 35 acres each)
List of lots to be vacated:
Lot Parcel Number
D
045328100001
148.01
NONE
Acreage Affected Easements
S 28 T 9N R 67W
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name: Paul and Crystal Esh
Company:
Phone #: 970-567-7505
Street Address: 46715 COUNTY ROAD 19
City/State/Zip Code: Nunn, CO 80648
Email: countrybeaut2002@yahoo.com
APPLICANT/AUTHORIZED AGENT (Authorization form must be included if there is an Authorized Agent.)
Name: TYLER DREMAN
Company: TSD Surveying
Phone #: (970) 590-2197 Email: tylerdreman@gmail.com
Street Address: 13013 COUNTY ROAD 86
City/State/Zip Code: PIERCE, CO, 80650
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with
or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the
property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners
must be included with the application. If the fee owner is a corporation, evidence must be included indicating the
signatory has the legal authority to sign for the corporation.
I (We) have read and agree to comply with the regulations for complete or partial vacation of recorded exemptions
or subdivision exemptions.
03/28/2024
Signatur�Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date
TYLER DREMAN
Print Owner or Authorized Agent Print: Owner or Authorized Agent
Paul and Crystal Esh
I, (We),
AUTHORIZATION FORM
DEPARTMENTS OF PLANNING
BUILDING, DEVELOPMENT REVIEW
AND ENVIRONMENTAL HEALTH
1402 NORTH 17TM AVENUE
PO BOX 758
GREELEY, CO 80632
give permission to TYLER DREMAN
(Owner — please print) (Authorized Agent/Applicant—please print)
to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located
at (address or parcel number) below:
045328200028, 045328100001 and 045328400018
Legal Description: Lot B RE -3672 and of Section 28 , Township 9 N, Range 67
Subdivision Name: LOT D RECX19-0060, Lot D RECX19-0061
Property Owners Information:
Address: 46715 COUNTY ROAD 19 Nunn, CO 80648
Lot N/A Block N/A
Phone: 970-567-7505
E-mail: countrybeaut2002@yahoo.com
Authorized Agent/Applicant Contact Information:
Address: 13013 COUNTY ROAD 88, PIERCE CO, 80650
Phone: (970) 590-2197 E -Mail: TDREMAN@ATWELL-GROUP.COM
Correspondence to be sent to: Owner d..L Authorized Agent/Applicant by: Mail Email
Additional Info: NIA
I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this
document, that the information stated above is true and correct to the best of my (our) knowledge.
Date 4//5/x7'/ ,,� � Date q/5/%9dc2
Owner Signature
ner Signature
Subscribed and om to before me this S-14' day of Ain't , 20 2 If by
Cn9t44 C Est,.
My commission expires /7 - /a - Z 09
Notary Public
MICHAEL A. KATALENIC
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20184045161
MY COMMISSION EXPIRES DECEMBER 10, 2026
Weld County Treasurer
Statement of Taxes Due
Account Number R8965229
Assessed To
Parcel 045328100001
F.SH PAUL
46715 COUNTY ROAD 19
NUNN, CO 80648-9714
Legal Description
PT E2 28-9-67 LOT D RECX19-0061
Situs Address
Year
Tax Charge
Tax Interest
Fees
Payments Balance
2023 $293.54 $0.00
$0.00
$0.00 $293.54
Total Tax Charge
$293.54
Grand Total Due as of 03/28/2024
$293.54
Tax Billed at 2023 Rates for 'Car Area 0915 - 0915
Authority
WELD COUNTY
SCHOOL DIST RE9-AULT
NUNN FIRE
AIMS JUNIOR COLLEGE
} IIG} I PLAINS LIBRARY
WEST GREELEY CONSERVATION
Taxes Billed 2023
* Credit Levy
Mill Levy
12.0240000*
23.2820000*
4.0000000
6.3360000
3.1960000
0.4140000
Amount
$71.68
$138.75
$23.84
$37 76
$1904
$2.47
49.2520000
$293 54
Values
AG -DRY FARM LAND
Total
Actual
$22,581
Assessed
$5,960
$22.581
$5,960
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 of the status as of this date of all property
taxes, special assessments, and prior tax liens attached to this account.
Current year's taxes are due but not delinquent.
1400 N. 17th Avenue, Greeley, CO 80631 or PO Box 458. Greeley. CO 80632 (970) 400-3290 Page 1 of 1
(.YiOLORADO QUIT CLAIMZEED
STATE OF COLOR
WELD COUNTY;,
KNOW ALL MEN BY THESE PRESENTS, That for and in cOntiideration of the sum of,_,)
ppe`dollar ($1,01) inO paid to PAUL S. ESH CRYSTAL L, ESH , residing at
46COUNTY ROAD 19. NUNN'County
80648, of Weld, State of Colorado (h tiiafter
<; known as the "Grantor(s)") hereby quitclaims to I JLS. ESH AND CRYSTAL VESF(,
residing at 46715 COOLii ROAD 19. NUNN. CO 8148, County of Weld, S Of. Colorado
(hereinafter kno as the "Grantee(s)") all:;the rights, title, interest, ddaim in or to the
following desgrlhed real estate, describe as:
LOT O1OF"RECORDED EXEMPTION NO. 0453-28-2 R X' 9-0061, BEING PART OF
TH EST 1/2 OF THE EAS i12 OF SECTION 28, TSHIP 9 NORTH, RAN
6J', EST OF THE 6T. P.W.13bOUNTY OF WELD, STATE OF COLORADO e:',
To have and tq*lid, the same together,wt all and singular the apOttenances
thereunto betOging or in anywise appoitl fining, and all the estat right, title, interest,
lien, equity and claim whatsoever for4he said first party, either law or equity, to the
only prqperuse, benefit and behpofbf the said second pasty forever.
41 81 Pages: 1 of
12/2024 12:10 Fm'6.00 0 it $0600
y Koppss Clark and Rsa Wsld County CO
•
7,-'''s:' Space AbpvjThis Line for IFtwordefOlset
GrOr's Si9r94ture
12381 Paes : 2'
t2/2024 12:19 gPM R F 18.0e D
ply Koppea, Clark and R��Gftler, Wald County CO ("'
,lGl` ,•
STATE OF`COLORADO)
r(1
COOlTY OF I-04 ,Mix
, I, the undersigned, ; • . ry Public in and for *County, in said Statfteby certify
that VQu1 .., u) Esh whose names are signed lb, a foregoing
instrument, and • is known to me, aribivledged before me on this day that, being
informed of.tt contents of the instruch1, they, executed the saw voluntarily on the
day the sate bears date. _,:`;>.--'
Giy 'under my hand this I c day of June , 20 24
1 _
JULIAN _.Q0RRAL
N.
ublic
Statea`f Colorado
Note 1 # 20234018649
M Com lion Expires ):5243-2027
•
No
f
QNiu� Coq 1S I..
blic
Commission Expire/4'45:s Os - 23 - 102'1
Page 2 of 2
Planner:
Case Number:
Applicant:
Request:
Legal Description:
Location:
Parcel No.
Requested Size of
New Parcels:
Water Source:
Sewer Source:
Narrative:
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Diana Aungst
RECX19-0061
Paul and Crystal Esh
Four Lot Recorded Exemption
The W2E2 of Section 28, T9N, R67W of the 6th P.M., Weld County, CO
North of and adjacent to CR 100; approximately one -quarter mile west of CR 19
Py
0453-28-1-00-023
Lot A: +/- 4 acres
Lot B: +/- 4 acres
Lot C: +/- 4 acres
Lot D: +/- 149 acres
Hearing Date: November 20, 2019
Zone District:
Original Parcel
size:
Lot A, Lot B, Lot C, and Lot D: Proposed Well
Lot A, Lot B, Lot C, and Lot D: Proposed Septic
A (Agricultural)
+/- 161 acres
The applicant is proposing a four -lot Recorded Exemption on --161-acre property. The is another four -lot
Recorded Exemption on the adjacent -163-acre property (RECX19-0060). These two pending four -lot
Recorded Exemptions are side -by -side and appear to form a subdivision. It is the opinion of planning
staff that these two proposed four -lot Recorded Exemptions appear to be evading the subdivision
regulations per Section 24-8-20.A.
Per 24-8-40.C.4. the access should be on the road with the lowest traffic count which is County Road
102 the gravel road to the north. The applicant is requesting an access on County Road 100 which is a
paved collector status road. Per Section 24-8-40.J the proposal is not consistent with sound land use
planning practices, and Per Section 24-8-40.K. the proposal does not assist in an orderly and integrated
development, does not promote the health, safety and general welfare of the residents of the County,
and does not encourage well -planned subdivisions by establishing adequate standards for design and
improvement.
These two Recorded Exemptions (RECX19-0060 and RECX19-0061) are adjacent parcels forming a
half -section; both under same ownership. This memorandum is for the eastern quarter section. The
proposed three (3) smaller lots are 4 acres or less in size and the largest lot, proposed Lot D. will be
--149 acres in size.
The applicant is proposing a four -lot Recorded Exemption on -161 acres (one -quarter section). One -
hundred -sixty-one (161) acres allows the potential fora four -lot Recorded Exemption as long as the new
largest lot (proposed Lot D) will remain greater than 120 acres and the smaller three (3) lots will each be
less than 35 acres and a minimum of 2.5 acres net as well water is proposed per Section 24-8-10.B and
Section 24-8-40.L of the Weld County Code.
RECX19-0061
Page 1 of 8
This parcel meets the size requirements to apply for a four -lot Recorded Exemption; however, this case
is being recommended to the Board of County Commissioners (BOCC) to review whether the applicant
is evading subdivision regulations and circumventing the intent of the Recorded Exemption process to
create subdivisions in agriculturally zoned and rural areas of the County.
The Department of Planning Services staff has reviewed this request and recommends that this
request be Denied for the following reasons:
1. It is the opinion of the Department of Planning Services staff that the applicant has not shown
compliance with the following criteria as listed in Section 24-8-20.A, and Section 24-8-40.C, J, and K
of the Weld County Code.
Section 24-8-20. - Recorded exemption.
A. The Recorded Exemption is a land division process used to divide a lot into two (2), three (3) or
four (4) separate lots. Examples of when a Recorded Exemption application may be submitted
include creating a lot in the A (Agricultural) Zone District fora single-family residential building site,
separating existing improvements from agricultural land, and creating a lot in a Commercial or
Industrial Zone District for existing or future development. A Recorded Exemption must not be for
the purpose of evading the requirements and intent of this Chapter.
Section 24-8-40 — Exemption Standards
K. The proposal is consistent with the Statement of Purpose as expressed in Section 24-1-30 of this
Chapter.
A. Assisting orderly and integrated development.
B. Promoting the health, safety and general welfare of the residents of the County.
C. Encouraging well -planned subdivisions by establishing adequate standards for design and
improvement.
Section 24-8-20.A states, in part, that "A Recorded Exemption must not be for the purpose of evading the
requirements and intent of Changer 24 of the Weld County Code," The two proposed Recorded Exemptions
will create eight (8) lots with five (5) of the smaller lots clustered in the center of the half -section and
appearing to be a subdivision. This cluster of parcels is consistent with a non -urban scale subdivision or
Planned Unit Development (PUD). The subdivision process like a minor subdivision, major subdivision or
a Planned Unit Developments (PUD) is the appropriate mechanism to address this proposal. The
subdivision process requires public water system which is not available at this site. The only potable water
in this location is water wells. The recorded exemption process does not provide the appropriate review
process to address concerns such as access and emergency services. By not going through a subdivision
process there is diminished opportunity to evaluate the neighborhood and establish adequate standards
for design and improvements.
Section 24-8-40 - Exemption Standards
J. The proposal is consistent with sound land use planning practices.
In five (5) years the property owner will be able to submit another Recorded Exemption for up to four (4)
lots. The property owner will be able to submit a Recorded Exemption to split the property until Lot B is
thirty-five (35) acres every five (5) thereafter. Creating multiple Recorded Exemption Lots without utilizing
the subdivision process is poor planning. There are issues such as the establishment of utility easements
along lot lines for water, sewer, electric, gas, etc. Multiple land splits using the Recorded Exemption
process and not the subdivision process is not sound land use planning.
Section 24-8-40. — Exemption Standards
C. An access is, or can be made, available that provides for safe ingress and egress to a public road.
All accesses shall be in accordance with Chapter 12, Article V of this Code, and shall endeavor to achieve
the goal of no "net increase" in the number of accesses onto adjacent County roads when accesses already
exist.
C.4. A new access with a choice as to which County road it feeds onto shall choose the County road
with the lowest traffic count.
The applicant is proposing to access the Recorded Exemption Lots from CR 100 which is a paved collector
road. On the south side of CR 100 is an access point for The Shire, a Cluster PUD (approved in September
RECX 19-0061
Page 2 of 8
18, 2003 under reception number #3107608). The proposed access for this Recorded Exemption does not
align itself with The Shire's access point or any other permitted access points to the south. The Shire PUD
has a single approved point of ingress and egress however, the property owners within this PUD have
constructed new accesses for convenience. These new accesses are not recognized by Weld County
Public Works as a safe, legal, and permitted accesses. The two access locations proposed for the Esh
Recorded Exemption are below the crest of the hill on County Road 100 as you travel east. As proposed,
the location of these access points appears to create a traffic safety hazard.
The proposed accesses are on a collector status road with a speed limit of 55. The subject property is also
adjacent to County Road 102 to the north. County Road 102 is a gravel road that typically has reduced
speeds. County Road 102 also has a better sight distance between County Roads 17 and 19. Due to
County Road 102 having a lower traffic count than County Road 100 the access point(s) should be on
County Road 102 per 24-8-40.C.4. The proposed Recorded Exemption as submitted is not compliant with
a safe point of ingress and egress to a publicly maintained road.
The application proposed to utilize a shared access for five (5) to seven (7) lots without addressing or
constructing to the minimum rural road cross section. This road is a private road and the access to it is
shown on the Recorded Exemption plat as a shared access between the two Lot Ds on County Road 100.
This is not a publicly maintained road and there is no evidence of a maintenance agreement with property
owners and no evidence that the road as constructed will provide adequate access for first responders.
Background:
6/20/19: This Recorded Exemption was inadvertently conditionally approved by staff.
8/29/19: The applicant submitted draft Recorded Exemption plats for review by staff.
10/3/19: Planning Staff and Public Works discussed the two proposed four (4) -Lot Recorded
Exemptions and that they appear to be a subdivision. (both Recorded Exemptions are owned
by the same property owner.)
10/14/19: Staff meeting with the applicant. The applicant was notified that staff cannot support the two
four -lot Recorded Exemptions as submitted. The applicant was given the choice to withdraw
one of the Recorded Exemption cases or propose a reconfiguration of the lots.
10/16/19: The applicant submitted an alternate configuration for this recorded exemption (RECX19-
0061). However, the arrangement of lots on the adjacent property, Recorded Exemption
RECX19-0060, remained the same.
10/18/19: During the weekly joint meeting with Public Works and Planning Staff it was noted that the new
configuration posed significant access issues for the Weld County Public Works Department.
10/29/19: The applicant was notified that these two Recorded Exemptions (RECX19-0060 and RECX19-
0061) will need to be denied and taken before the Board of County Commissioners.
11/4/19: The applicant was asked if they wish to proceed with this case before the Board of County
Commissioners. The applicant indicated that they wish to proceed.
If this case were to be approved, the applicant or future landowner would be eligible to apply for another
Recorded Exemption under the current Recorded Exemption regulations. Proposed Lot D is —149 acres
so, depending on the lot size, there is a potential to create 2 or 3 more 4 -lot Recorded Exemptions within
the next ten (10) years. Splitting the parcel using the Recorded Exemption process could again be repeated
on the largest lot every five years by the 2 -lot Recorded Exemption process until the property is no longer
able to meet the largest lot size requirement of greater than 35 acres net per Section 24-8-40.P. While this
possible scenario is permitted by Weld County Code Chapter 24 Article 8, it does not meet the intent of
Chapter 24 Article 8.
Should the Board of County Commissioners approve this request, the Department recommends the
following conditions be attached:
RECX19-0061
Page 3 of 8
Prior to recording the plat:
A. The applicant shall submit to the Department of Planning Services unrecorded deeds that
describe the new recorded exemption lots and associated recording fees. The deeds will be
recorded in conjunction with the recorded exemption plat.
B. The applicant shall attempt to address of Weld County School District RE -9, as stated in the
referral response dated May 14, 2019 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.
C. Lots A, B & 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.
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 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.
2. Items to be included on the plat
A. The plat shall be titled: Recorded Exemption No. 0453-28-1 RECX19-0061
B. All access points shall conform to: Section 8-14-30. - Regulation of access onto County
roadways.
A. Access to a Single Parcel. Each parcel shall be limited to one (1) access point for safe
ingress and egress, which may be an existing or new shared access, except if allowed
pursuant to Subsection E., below.
E. Additional Access. Additional accesses to a parcel may be allowed if they comply with the
spacing criteria for that road. If a new access is requested that does not meet the spacing
criteria to a legal parcel where an existing access already exists, the additional access shall
not be approved unless the denial of the new access creates undue hardship on the property
owner, as determined by the Department of Public Works. Whenever multiple accesses to
a single legal parcel exist, and additional accesses are requested, one (1) or more existing
accesses must be removed, minimizing new accesses and utilizing existing accesses.
Access Spacing Criteria. The following Table 1 reflects the minimum access spacing criteria
for county roadways and intersections.
Table 1 - Minimum Access Spacing Criteria (Feet)
Access Element Arterial 1 Collector [ Local l
Distance between intersections
Signalized 2,640 ] N/A ] N/A
Unsignalized
Distance between accesses and intersections
Distance between access points
Distance between access points in subdivisions [ 660 j 330 T 75
1,320 1,320 ] 330
660 660 330
660 330 150
C. County Road 100 is a paved road and is designated on the Weld County Functional Classification
Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way at full
RECX19-0061
Page 4 of 8
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, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the
future right-of-way line. This road is maintained by Weld County.
D. County Road 102 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, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the
future right-of-way line. This road is maintained by Weld County.
E. Show and label the existing and proposed access points 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.
F. Setback radii 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.
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 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 2018 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) Lots A, B, and 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) 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
RECX19-0061
Page 5 of 8
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.
12) Prior to the release of building permits, the applicant shall submit evidence to the Department of
Planning Services that the Lots A, B, C, and D have an adequate water supply of sufficient quality,
quantity and dependability.
13) Potential purchasers should be aware that Lot A, B, and C 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.
14) 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.
15) 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.
16) 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-
3-20.6.13 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.
17) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County -Wide Road Impact Fee Program, the County Facility Fee, and the Drainage Impact Fee
Programs.
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'S 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
RECX19-0061
Page 6 of 8
and spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness,
wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County would quickly
be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor
from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes;
hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of
pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and supplies to
assist in their agricultural operations. A concentration of miscellaneous agricultural materials
often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-
102, C.R.S., provides that an agricultural operation shall not be found to be a public or private
nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that
are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic
to assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and 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 Information.
A. A Weld County septic permit is required for any proposed building requiring water and sewer.
The septic system shall be installed according to the Weld County Onsite Wastewater Treatment
System regulations.
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
Board of County Commissioners Resolution was signed. The applicant shall be responsible for
RECX19-0061
Page 7 of 8
paying the recording fee.
6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required sixty (60) days from the date the BOCC Resolution was signed, a
$50.00 recording continuance charge shall added for each additional 3 month period.
7. 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.
8. 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.
By:
Diana Aungst
Date: 11/15/19
RECX 19-0061
Page 8 of 8
Hello