HomeMy WebLinkAbout20251991.tiffResolution
Approve Partial Vacation, VAC25-0006, of Two -Lot Recorded Exemption,
RECX11-0019, for Removal of Lot B — Tylene L. Schmidt Trust, c/o Valerie Hiller,
Trustee
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 or about August 8, 2011, the Department of Planning Services approved
Two -Lot Recorded Exemption, RECX11-0019, and
Whereas, the Board has received a request from the current property owner,
Tylene L. Schmidt Trust, c/o Valerie Hiller, Trustee, 22405 County Road 39, LaSalle,
Colorado 80645, represented by Mission Caliber Real Estate, 45500 County Road 63,
Ault, Colorado 80645 to vacate Lot B of Recorded Exemption, RECX11-0019, and
Whereas, said property is located in part of the NE1/4 of Section 30, Township 4 North,
Range 65 West of the 6th P.M., Weld County, Colorado, being more particularly described
as Lot B of Recorded Exemption, RECX11-0019, 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
Department of Planning Services staff, and all of the exhibits and evidence presented in
this matter, and having been fully informed, deems it advisable to approve said partial
vacation, and makes the following findings:
1. No property will be left without access to a public road right-of-way as a result of
the vacation.
2. No property resulting from the vacation will continue to use any access across any
other lots within the exemption plat.
3. No existing easements are affected by this vacation of Lot B of Recorded
Exemption, RECX11-0019.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the request of Tylene L. Schmidt Trust, c/o Valerie Hiller, Trustee, for
Partial Vacation of Two -Lot Recorded Exemption, RECX11-0019, for removal of Lot B,
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
5043793 Pages: 1 of 2
07/28/2025 01:28 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
1111 Iir.rri LI'MielAili %Or 111111
colpi_OE/MN/DA/Mo) AsR(,so 2025-1991
APPL. Rd?. RECX11-0019
.S'/zo/25
Partial Vacation, VAC25-0006, of Two -Lot Recorded Exemption, RECX11-0019, for
Removal of Lot B — Tylene L. Schmidt Trust, c/o Valerie Hiller, Trustee
Page 2
land survey plat with the Weld County Clerk and Recorder. Any easement
created by dedication on the original plat for Recorded Exemption,
RECX11-0019, and not vacated herein, shall be rededicated on the
exemption vacation plat in the signed Property Owner's Certificate.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 14th day of July, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Excused
Kevin D. Ross: Excused
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
5043793 Pages: 2 of 2
07/28/2025 01:28 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
1111 MrAnk leill+tik rl iiiiMMINN "II
2025-1991
RECX11-0019
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Weld County Board of County Commissioners
From: Molly Wright, Planner
Subject: Partial Vacation of RECX11-0019
Hearing Date: July 14, 2025
Owners: Tylene L. Schmidt Trust c/o Valerie Hiller
Representative: Mission Caliber Real Estate c/o Amy E. Fahrenbruch
Legal Description: Lot B of Recorded Exemption RECX11-0019; being a part of the NE4 of Section 30, T4N,
R65W of the 6th P.M., Weld County, CO
Location: South of and adjacent to County Road 42 and approximately 0.18 miles west of County
Road 39
Parcel Number: 1055-30-1-00-031
Total Parcel Size: +/- 81.79 acres Zone District: A (Agricultural)
Summary:
The applicant requests to vacate Lot B, being the largest lot of the two -Lot Recorded Exemption RECX11-
0019, recorded January 10, 2012, reception #3818660. This partial vacation of Lot B of RECX11-0019would
result in an approximately 81 acre unplatted parcel. Lot A of RECX11-0019 is not a part of this action.
Vacation Criteria:
The Vacation of a Recorded Exemption plat criteria are detailed in Chapter 24, Article XI of the Weld County
Code, being the Obsolete Land Divisions Article within the Weld County Subdivision Ordinance.
Section 24-11-10. A of the Weld County Code, states in part: "Previously approved Recorded Exemptions
and Subdivision Exemptions may be amended, corrected, or vacated."
Section 24-11-50 of the Weld County Code, provides specific criteria for the vacation process. The
processing of this vacation and memorandum have been prepared in accordance with this Code section.
Section 24-11-50. A of the Weld County Code details the items to be submitted by the property owners in
order to request a complete or partial vacation of an exemption. The submitted materials were deemed
complete and include the vacation request letter and the draft vacation plat map.
Section 24-11-50. B of the Weld County Code allows for partial vacations, which may be used to vacate
the largest lot within a Recorded Exemption plat, which is greater than thirty-five (35) acres in size, without
affecting the remaining lot(s) within the same plat. The submitted vacation request complies with this code
section.
2025-1991
Vacation of Lot B of Recorded Exemption RECX11-0019 EC)(,/ f , DQici
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 B of Recorded Exemption RECX11-0019
Page 2 of 2
10 Whom it May Concern.
Valerie Hiller, Trustee, Tylene L. Schmidt Trust
, :un>.c..1 rnprn.
are writing to request the (complete panial) vacation of Lot 105530100031 of
tC tk,cputtiont
Recorded l_xemption
PT NE4 30-4-65 LOT B REC EXEMPT RECX11-0019
( In x'n kc�.xalcil t wmrlc.n numtvr t
Amy E. Fahrenbruch 04/24/2025
Pr' )H er o uthorized Agent Date Print: Owner or Authorized Agent Date
umature: Own sr or Authorized Agent Signature: Owner or Authorized Agent
01:24
VACATION OF LOT B, RECORDED EXEMPTION NO. 1055-30-01 RECX11-0019
BEING A PART OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 4 NORTH, RANGE 65 WEST OF
THE 6TH P.M., WELD COUNTY, CO.
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LOYALTY INNOVATION LEGACY
520 STACY COURT, UNIT B • IAFAVETTE, COLORA00 80026
TELEPHONE: (303) 866-0379 • FA% (817) ]447554
NANW.TO POORAPHIC.COM
VACATION OF LOT B, RECX11-0019
SECTION 30, TOWNSHIP 4 NORTH, RANGE 65 WEST OF THE 6TH P.M.,
WELD COUNTY, STATE OF COLORADO
DATE:
04/29/2025
JOB NO.
SHEET: 1 of 1
FILE:VAC N0RTHWINDS 20250428
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VICINITY MAP
RECORDED EXEMPTION No. 1055-30-01 RECX11-0019
LOT B OF RECORDED EXEMPTION No. 1055-30-1 RE -4306 BEING A PART OF THE NORTHEAST QUARTER OF SECTION 30,
TOWNSHIP 4 NORTH, RANGE 65 WEST OF THE 6th PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO
LOT AREILAS (GROSS)If
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NORTH LINE OF THR. NORTHE1 .T83, 0E SE ...30
j-»IEsmfrm'aaw.r _____..._N %9e13'54"W 2ES I.A3' _.__..
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LEGAL DESCRIPTION
1053-30-, REa306 va recorded o, n3]t {J9 a01sa 1J
ollice of the WNa County LIeM ana Rxerder. b. ne art a NONn.af1
X91 lea Celeroao', Lorna p Nertn, Ranpa 65 Weal lol Me 61n PNnelpel Nxldlan,
byl.n V Ile Sry
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. �nmlel TruN by: THen. 1. scnmier (aec.paaa)9 Tylene 1. �tnmml (d:r.�us•djTby
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ommNNana. p nN 1D(�j�o_ m. ImfL___
BILLIE J. MOORE
ry NOTARY PUBLIC
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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 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 14, 2025
Hearing Time: 9:00 a.m.
Applicant:
Tylene L. Schmidt Trust
c/o Valerie Hiller, Trustee
22405 County Road 39
LaSalle, Colorado 80645
Request: Partial Vacation, VAC25-0006, of Two -Lot Recorded Exemption,
RECX11-0019, for Removal of Lot B
Legal Description: Lot B of Recorded Exemption, RECX11-0019; being part of the
NE1/4 of Section 30, Township 4 North, Range 65 West of the 6th P.M., Weld County,
Colorado
Location: South of and adjacent to County Road 42; approximately 0.18 miles west of
County Road 39 (see Legal Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: July 2, 2025
ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
RECX11-0019
Owner
ERIK FRANK AND KIMBERLY HITCHCOX FRANK
TYLENE L SCHMIDT TRUST
C/O VALERIE HILLER, TRUSTEE
Address
18816 COUNTY ROAD 42
City
LASALLE
22405 COUNTY ROAD 39 LASALLE
State
CO
Zip
80645-9302
CO 80645-8728
CERTIFICATE OF MAILING
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, RECX11-0019 , in the United States Mail, postage prepaid First Class Mail as listed above.
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Dated the 2nd day of July, 2025.
Janet M. Warwick
Deputy Clerk to the Board
U.S. Postal Service'
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WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
6/13/2025
8:52:10 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.
Signature
�I13HD Z5
Date
Property Owners Within 500 Feet of Parcel# 105530100031
Account
Parcel Owner
Mailing Address
R8987927
R3302105
R3302105
R3302205
R3302305
R4370586
R4370686
R4370686
R4370786
R4260406
105519300007
105519400002
105519400002
105519400003
ECKHARDT FARMS INC
ALBERT KURTIS
PRADO SHARON
SCHMIDT TYLENE L TRUST
105519400004 SCHMIDT TYLENE L TRUST
105530000003
105530000004
105530000004
105530000010
105530100028
SWEET VALLEY ENTERPRISES LLC
SUMPTER ANTHONY TODD
SUMPTER CALLY L
OSTER TED
RLU HOLDINGS LLC
21454 COUNTY ROAD 33
LASALLE, CO 806457905
18685 COUNTY ROAD 42
LA SALLE, CO 806459301
C/O VALERIE HILLER
22405 COUNTY ROAD 39
LASALLE, CO 806458728
C/O VALERIE HILLER
22405 COUNTY ROAD 39
LASALLE, CO 806458728
16924 COUNTY ROAD 42
LA SALLE, CO 806459202
19637 COUNTY ROAD 39
LA SALLE, CO 806459307
19463 COUNTY ROAD 39
LA SALLE, CO 806459307
PO BOX 544
DOUGLAS, WY 826330544
Page 1 of 3
Property Owners Within 500 Feet of Parcel# 105530100031
R6780694
R6780694
R6780695
R8966657
R8966657
105530100030
LO -4- p
105530100030
Le4
105530100031
1,14-
105530200007
105530200007
FRANK ERIK D
HITCHCOX-FRANK KIMBERLY M
SCHMIDT TYLENE L TRUST
WOOLVERTON CHRIS
WOOLVERTON AMBER R
18816 COUNTY ROAD 42
LA SALLE, CO 806459302
C/O VALERIE HILLER
22405 COUNTY ROAD 39
LASALLE, CO 806458728
18420 COUNTY ROAD 42
LA SALLE, CO 806459302
R8966658
105530200008
SCHMIDT & SONS REI OF
COLORADO LLC
16895 COUNTY ROAD 42
LA SALLE, CO 806459201
Parcels: 12
Owner Records: 16
Page 2 of 3
Property Owners Within 500 Feet of Parcel# 105530100031
Page 3 of 3
Plat Vacation Application
Recorded Exemptions & Subdivision Exemptions
Planning Department Use: Date Received.
Amount S Case # Assigned
Application Received By Planner Assigned
•
Plat Information
Title of plat to be vacated : PT N E4 30-4-65 LOT B R EC EXEMPT
•
O Complete Vacation ( must include all lots)
IS7 Partial Vacation (vacated lots must be over 35 acres each)
List of lots to be vacated.
Lot Parcel Number
Acreage Affected Easements
5 30 T 04 R 65
B 105530100031
yr-
87.397
•
Property Owner(s) (Attach additional sheets if necessary.)
Name: Valerie Hiller, Trustee
Company Tylene L. Schmidt Trust
Phone u:
Emali: Represented by Terry Wiedeman, krepswiedemanl@aol.com
Street Address: 22405 County Road 39
City/State/Zip Code. LaSalle, CO 80645
Applicant/Authorized Agent (Authorrzation form must be included tf there is an Authorized Agent.)
Name: Amy E. Fahrenbruch
Company. Mission Caliber Real Estate
Phone It 970.646.1289 mobile
�mail� amyMCRE@proton.me
Street Address. 45500 County Road 63
City/State/Zip Code: Ault, CO 80610
I (We) hereby depose and state under penalties of perjury that all statements proposals. andior plans submitted with or contained
►vittl,n the application are true and correct to the test of my (our) knowledge All fee owners of the property must sign this
appltcat:on at if an Authorized Agent signs. an Authorization Form signed by all tee o►Ainers must be included with the application If the
file owner is a corporation evidence must be included indicating the signatory has the legal authority to sign for the corporation
I Me) have read and agree to comply with the regulations for complete or pertsal vacation of recorded exemptions or subdivision
exam • bons
er or Authorized Agent
Amy E. Fahrenbruch
04/24/2025
Date Signature Owner or Authorized Agent Date
Print. OWOW or Authorized Agent Print Owner or Authorized Agent
24
Depertmrrntn of Planning
MII Sulkling,Deveiopmeni Renew
and Environmental onmental Neagh
1 _ i 1402 North 17T"Anemia
r ' P.O.Sou 758
Greeley.CO 80832
Autll�orftabon Form 30 04
I(we) Valerie Hiller,Trustee b Amy Eahrenbruch _
OOwner-phrase piing (Authorized Age �-p�a per)
b apply for any Raining,Suliding,ACCMs,Grad)tire or GiNTS permits on our behalf,for the property Waled
at(address or parcel number)below-
1 0 5 5 3 0 1 0 0 0 3 1
PT NE4 li,fi5:fit H fir,
Legal Uemrplion.►•,,,Pi i,LC,l1 rmt.3 of Section ,Township N.Rerrc
Subdivision Name: Lot Block
Property Owners Inbrmatiton:
Address: ?x405 County Road 39,LaSalle,CO 80645
Phone: E-mad
Aultuowtoed Agent/Appicant Cairtacl Information.
Andress: Amy Fahrenbruch
ph. 970.646.1289 E•MAilt amyMCRE@proton.me
Correspondence to be sent to:Owner Authorised AgentlApplicaM x by Mail Email,
Additional ink, All information will be provided to owner through seller real estate agent.
I VOllel Iowa ce y wed*penny of pie wy and slier carefully reading the entire owls to e0 ibis
document,the!the InformeSon staled above le hue and cause to the beet al my leer)knowledge-
' � Y _
' Flamm 4 /rY�d gal. J
�l -�t<m� ��_f 7—,1.‘(
Owner Signature Owner Srgneiure
Su gibed anfld sworn to before me this day of e'}tf 1'fi+ .- .20
, VI (a —'
Yy commission expires °c l"c r f= f
( ►Amur No Public
CARLA ME
(mum PtiaLIC sun os aoLarw,o
0 NOTARY ID 2222402/06
I µY[bMArISSrpN EXPIRES SEP 29,?Olt
02124 7
Weld County Treasurer
Statement of Taxes Due
Account Number R6780695 Parcel 105530100031
Legal Description Situs Addi e<s
PT NE4 30-4-65 LOT B REC EXEMPT RECX 11 -0019
Account: R6780695
SCHMIDT TYLENE L TRUST
C/O VALERIE HILLER
22405 COUNTY ROAD 39
LASALLE, CO 80645-8728
Year Tax Interest Fees Payments Balance
Tax Charge
2024 $500.92 $0.00 $0.00 $0.00 $500.92
Total Tax Charge $500.92
Grand Total Due as of 02/20/2025 5500.92
Tax Billed at 2024 Rates for Tax Area 0105 - 0105
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 15.9560000* $ 167.87 AG-SPRINKLER $38,675 $ 10,210
SCHOOL DIST REI -GILUREST 16.0210000 $ 168.54 IRRIGATED LAND
NORTHERN COLORADO WATER 1 .0000000 $ 10 52 AG-DRY FARM LAND $ I ,084 $290
( NC AG-WASTE LAND $57 $20
LA SALLE FIRE 5 . 1540000 $54. 22 Total $39,816 $ 10,520
AIMS JUNIOR COLLEGE 6.3050000 $66 33
HIGH PLAINS LIBRARY 3 . 1790000 $33 .44
Taxes Billed 2024 47.6150000 $500.92
* Credit Levy
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
sh
Weld County Treasurers Office
1400 N 17'1 Avenue
baoy PO Box 458
Y
Greele , 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 .
-7?Signed : Date : 1/1/2Thac
�,�
4872187 12/14/2022 03:31 PM
Total Pages:1 Rec Fee:$13.00
Carly Koppes-Clerk and Recorder,Weld County,CO
WHEN RECORDED TYLENE L SCHMIDT TRUST DATED AUGUST 28,2000
RETURN TO: 22405 County Road 39 ir"
LaSalle,CO 80645 WWI*
STATEMENT OF AUTHORITY
(§38-30-172,C.R.S.)
1.This Statement of Authority relates to an entity'named
TYLENE L SCHMIDT TRUST DATED AUGUST 28,2000
2.The type of entity is a:
❑Corporation ❑Registered Limited Liability Partnership
❑Nonprofit Corporation ❑Registered Limited Liability Limited Partnership
❑Limited Liability Company O Limited Partnership Association
❑General Partnership O Government or Governmental Subdivision or Agency
O Limited Partnership ❑X Trust
O
3.The entity is formed under the laws of Colorado
4.The mailing address for the entity is 22405 COUNTY ROAD 39,LASALLE,CO 80645
5.The name El position of each person authorized to execute instruments conveying,encumbering or otherwise affecting title to
real property on behalf of the entity is VALERIE HILLER AS TRUSTEE
6.The authority of the foregoing person(s)to bind the entity:❑X is2 not limited O is limited as follows:
7.Other matters concerning the manner in which the entity deals with interests in real property:
8.This Statement of Authority is executed on behalf of the entity pursuant to the provisions of§38-30-172,C.R.S.3
9.This Statement of Authority amends and supersedes in all respects any and all prior dated Statements of Authority executed on
behalf of the entity.
Executed this day of December 14th,2022
TYLENE LISCHMIDT TRUST DATED AUGUST 28,2000
fay: -`^ Id. �;`l EA-Y',-
VALERIE HILLER,TRUSTEE
State of Colorado
County of acto,off
The foregoing instrument was acknowledged before me on this day of December 14th,2022 by VALERIE HILLER AS TRUSTEE OF THE
TYLENE L SCHMIDT TRUST DATED AUGUST 28,2000
Witness my hand and official seal /-154--LutMy Com
mission expires: 6/a5/ UJ5 w/��p/�-a_ `.N tary Public
This forth should not be used unless the entity a capable of holding title to real p!opeAy. �'�_�a`'��°'t"'�'" I
2The absence of any IimRation shall lie prima facie evidence that no such limitation exists. ���'���4�i�,'`�,�'Jti�,3
.rhe statement of authority must be recorded to obtain the benefits of the statute. C\iL T;aF:�'I�i 5^;'c'.�1 114
I f Corll.T,io C i?ii�`i 3! 25, 2
G05
Form 885 closing/recordirtgs/soa.html 25200933 II 1111111111 11111 1111111 111
(42555234)
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`'� � � TRUSS DEED ��� `S�
��r THIS D is dated ° � 2013,and is*le between Valerie I as
Trustee of t}`�ier Clarence.1.Sc idt rust dated August 2000,the"Grantor," d the
Tylene hmidt Trust dated 4gust 28,2000,the rrantee,"whose legal4ldress is ,"
c/o V, Hiller,Trustee,224 etd County Road 3 p'Salle,of the County0Veld,State �J
of V':•0 80645. @ @ _
��M The Grantor,f consideration,grad conveys to the?tee,its personal
epresentatives,heirs assigns,in fee simpl 8 property located in*County,Colorado,,,
0 including Grantor'_�_�4sst,if any,in any v d street alley,or oth ht-of-way that adjoin
43 the subject pro described as follows:a, `>
PARCEL 1.-:ots C and D of Re o ed Exemption No.3S0\3-according to the plae
� recorded November 2004 as Reception No.t3233207,located in SEA tf �s
'• Section 19,Town iF'p 4 North,Range 65 V�s'of the 6°P.M.,Cout'of <(4
• Weld,State oferado, (D �O �V
.> Together six(6)shares of t "N apital stock of The _ e Valley :v;
@ lrrigati•.' ompany with no Bi ompson Water eval n included, (,)
fV and igation well,augur in Central Weld Sub trict,pumping
' 4-6) O s0
>> PARCEL 2 vL't B of Recorded Ex�(on No.1055-30-01 R l l-0019,accordin
to the plat recorded ai6 ary 19,2012 as ResePttion No.3818660 of he
Weld County rec being a part of the.N etheast Quarter(NE' f
J Section 30,To 'ip 4 North,Range 65 st of the 6"'P.M.,C of cj>
c@ Weld,State of>orado, 2J'
O'r' Together, two(2)shares of capital stock of Thtte Valley
Irrigat' ompany with no B ____mpson Water evion included, (Z\�
S�� and�1, irrigation wells,notO ently used. (o' O,,
/s, PARCEL 3 0`,,
B of Recorded piton No. 1055-0- E 2396, recorded 4,
28,1999 as ption No.2729352, g a part of Section /
Township 4 North, ttge 65 West of 6a P. 1;County of Weld,Staff\of
`S Colorado, <' V_
Together wi del Leide well#1 and`t�vo(2)irrigation wells 16156
�' and 16157nase#W-1949,Water Vision 1,and thirteenshares of
f
the capitock of The Western al Ditch Company.
Kt< %�,2C� ;.O 2-,.`,' eve
V PARCEL 4 Lo�u of Recorded Ex ion No. 1055-18-' 1619 recorded �.
_� ,Ac 1st 16,1994 in Book 5 at Reception No. 425 being a part of.4J
�� ,fie West'4,of the Nort '/of Section 18,Tou iip 4 North,Range 6).
� Vest of the 6°P.M. ounty of Weld,State of�Colorado,
• Together with o9 tmestic well and 1.11. h well#1-13273. �° �D 5
P�CEL 5 Lot B of:eeprded Exemption N,'so�Q'(55-30-RE-4306,acc`9 •g to the �. ,
G' plat reco•.'March 17,2006 a." eption No.3371479 ated in the
/,,>/'-'
� NE'/, =r1 ection 30,Townshi �t orth,Range 65 We the 6'P.M., s;
1NJ Coi.it4 of Weld,State of Coelo. � a
Sc,- n, Togetwith all improve thereon and the ts, alleyways, pn ages,
, appurtenanc&:,and advantages beloriglhg or appertaining tliiiitto,subject to the fOgolwing
exception,general taxes and as pssments for the year.c#13 payable in 2014;>sements,
resery s,oil,gas and miner ses,restrictions,coved$ts and rights of way,• 'f record or ,'>
as °xist by use on the p uses;shortage in area g°nflicts in boundary li Li.d all other
2,��t rs that would be s,�osed by an accurake>,survey including,b, ..not limited to, ,,,,
oachments and bot try discrepancies;sn to all governme�"b laws,rules and >
c-� ;c�- ,...,
Tl '
3928848�"Pages:2 of 2 CJ -" @ �
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St�v�11or� Clerk antl R�oordar,Wld unty.CO r� �
III ,Ili Ill lAillAN1 91a k1�Ili��II'` ' K" `�,>
ist
,`.Oregulations;and subj o inclusion within a vial or general distet d the benefits,liens���
<2„,,5 and burdens arising erefrom. l j v ��
Ors O e
WI the hand and seal o Grantor.
CLARETS J.SCHMIDT TRUST_\ TYLEI,L.SCHMIDT TRUST,-
DA EE5cUGUST 28,2000 0°3 D T AUGUST 28,2000(3
B G�,1�,, .rA�l A �,s � ,. (} . J/ Taus
J1
•
cV Valerie Hiller,Trus, ' QJ Valerie Hiller,T„ V
Rte' <�
, STATE OF COI ADO ) O` ^�V� ^��Z;
,,,;5- COUNTY GELD ) �' U C;`
�ll
*foregoing instrumental acknowledged befo 1 1t on a 2013 by
Vale *foregoing
er,as Trustee ofth�'tarence J.Schmidt Tre aced August 8,2000 0 as Trustee (J
oft ylene L.Schmidt T ated August 28,2000.`
o
Witness my ha official seal. ��`' �vn�� Q�
(J' o (J' C &'-
<'._ LILY JEAN AUSTIN �� NOt PUb `�
:., ,4 NOTARY PUBLIC (C` C`., <.0'
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DEPARTMENT OF PLANNING SERVICES
CRECORDED EXEMPTION
COLORADO ADMINISTRATIVE REVIEW
Applicant : Clarence J . Schmidt RECX11 -0019 Planner : M . Martin
Trust and Tylene
Schmidt
Legal Lot B of RE-4306 being part of NE4 of Section 30 , T4N , R65W of
Description : the 6th P . M . , Weld County , CO .
Parcel ID # : 1055 30 100029
Lot A Size : +/- 10 acres Lot B Size : +/- 92 acres
Water Source: Lot A : CWCWD tap # 146 Sewer System : Lot A : SE-9800099
Lot B : Proposed CWCWD Lot B : Proposed Septic
Criteria Checklist
Yes No
X 1. Conforms with Chapter 22 of the Weld County
Code and any adopted municipal plan.
X 2 Compatible with the existing surrounding land uses.
X 3. Consistent with the intent of the zone district.
X 4. Consistent with efficient and orderly development
X 5. Complies with Recorded Exemption standards
in Section 24-8-40 of the Weld County Code.
X 6. Provides for adequate protection of the health,safety,and welfare of
the
inhabitants of the neighborhood and the County.
Appmmd with Conditions
The Weld County Department of Planning Services has determined through an administrative
review that the standards of Section 24-8-40 of the Weld County Code have been met. This
Recorded Exemption is approved with the following conditions in accordance with information
submitted in the application and the policies of Weld County.
1. A Weld County septic permit is required for any proposed home. The septic system shall be
installed according to the Weld County Individual Sewage Disposal System(I.S.D.S.)regulations.
2. Prior to recording the plat:
A. 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 reserved road right-
of-way.
B. The applicant shall provide the Weld County Department of Planning Services with a
Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for
the original parcel.
3. Items to be included on the plat:
A. The plat shall be titled:Recorded Exemption No.1055-30-01 RECX11-0019
B. Lots A and B shall utilize the two existing accesses to the parcel.Please show the accesses
on the Plat and label them with the approved access permit number(will be provided).
C. All approved accesses shall be clearly shown on the plat.
D. County Road 42 is designated on the Weld County Road Classification Plan as a local
gravel road,which requires 60 feet of right-of-way at full build out.The applicant shall verify
the existing right-of-way and the documents creating the right-of-way and this information
shall be noted on the plat. All setbacks shall be measured from the edge of future right-of-
way. If the right-of-way cannot be verified,it shall be dedicated.This road is maintained by
Weld County.
E. County Road 39 is designated on the Weld County Road Classification Plan as a collector
road,which requires 80 feet of right-of-way at full build out.There is presently 60feet of
right-of-way.An additional 10 feet shall be delineated on the plat as future County Road 39
right-of-way.All setbacks shall be measured from the edge of future right-of-way. The
applicant shall verify the existing right-of-way and the documents creating the right-of-way
and this information shall be noted on the plat. If the right-of-way cannot be verified,it shall
be dedicated.This road is maintained by Weld County.
F. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on
the plat per the setback requirements of 23-3-50.E of the Weld County Code.
4. 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 2006 International Building Code,
shall be constructed within a 200-foot radius of any tank battery or within a 150-foot
radius of any wellhead.Any construction within a 200-foot radius of any tank battery
or 150-foot radius of any wellhead shall require a variance from the terms of the
Section 23-3-10 of the Weld County Code.
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-
20.C.1 of the Weld County Code.
4) 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.
5) Prior to the release of building permits,the applicant shall submit evidence to the
Department of Planning Services that Lot B has an adequate water supply of
sufficient quality,quantity and dependability.
6) Prior to the release of building permit,the applicant shall submit evidence of approval
from the LaSalle Fire Protection District to the Weld County Building Department.
7) Should noxious weeds exist on the property or become established as a result of the
proposed development the applicant/landowner shall be responsible for controlling
the noxious weeds,pursuant to Chapter 15,Articles I and II of the Weld County
Code.
8) 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.
9) Effective April 25,2011,Building Permits issued on the proposed lots will be required
to adhere to the fee structure of the Weld County Road Impact Program.(Ordinance
2011-2)
10) Effective April 25,2011,Building permits issued on the subject site will be required to
adhere to the fee structure of the County Facility Fee and the Drainage Impact Fee.
(Ordinance 2011-2)
11) Prior to the release of building permits on Lots,the Lot owner shall verify with the
nearest Town/City or Sanitation District to determine the location of the nearest
sanitary sewer line. In accordance with the Weld County Code,if a sewer line exists
within four hundred(400)feet of the property line and the sewer provider is willing to
serve the proposed structure,a septic permit cannot be granted by the Weld County
Department of Public Health and Environment. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services.
12) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive
agricultural counties in the United States,typically ranking in the top ten counties in
the country in total market value of agricultural products sold. The rural areas of
Weld County may be open and spacious, but they are intensively used for
agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks,including conflicts with long-standing agricultural practices and a lower
level of services than in town. Along with the drawbacks come the incentives which
attract urban dwellers to relocate to rural areas: open views,spaciousness,wildlife,
lack of city noise and congestion,and the rural atmosphere and way of life. Without
neighboring farms,those features which attract urban dwellers to rural Weld County
would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area.
Well-run agricultural activities will generate off-site impacts,including noise from
tractors and equipment;slow-moving farm vehicles on rural roads;dust from animal
pens,field work,harvest and gravel roads;odor from animal confinement,silage and
manure;smoke from ditch burning;flies and mosquitoes; hunting and trapping
activities;shooting sports,legal hazing of nuisance wildlife;and the use of pesticides
and fertilizers in the fields,including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and
supplies to assist in their agricultural operations. A concentration of miscellaneous
agricultural materials often produces a visual disparity between rural and urban areas
of the County. Section 35-3.5-102,C.R.S.,provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation
alleged to be a nuisance employs methods or practices that are commonly or
reasonably associated with agricultural production.
Water has been,and continues to be,the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved"out of the
way"of residential development. When moving to the County,property owners and
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 .
5 . The applicant shall submit two (2 ) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services . Upon approval of the paper copies the applicant shall
submit a Mylar plat along with all other documentation required as conditions of approval . The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of
Planning Services' Staff. The plat shall be prepared in accordance with the requirements of
Section 24-8-60 of the Weld County Code . The Mylar plat and additional requirements shall be
submitted within sixty (60) days from the date the Administrative Review was signed . The applicant
shall be responsible for paying the recording fee .
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 Administrative Review was
signed a $ 50 . 00 recording continuance charge may be added for each additional 3 month period .
7 . The Department of Planning Services respectfully requests the surveyor provide a digital copy of
this Recorded Exemption . Acceptable CAD formats are . dwg , . dxf, and . dgn ( Microstation ) ;
acceptable GIS formats are ArcView shapefiles , Arclnfo Coverages and Arclnfo Export files format
type is . e00 . The preferred format for Images is . tif ( Group 4) . (Group 6 is not acceptable) . This
digital file may be sent to dhuerter@co . weld . co . us
8 . The Weld County Department of Planning Staff' s approval of this Recorded Exemption Application
is based on satisfying the Conditions of Approval . Should an applicant be unwilling or unable to
meet any one of these conditions within 60 days of approval , then this case will be forwarded to
the Weld County Board of County Commissioners with a staff recommendation for denial .
By Date
Michelle Martin Planner
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