HomeMy WebLinkAbout20251946.tiffResolution
Approve Partial Vacation, VAC25-0005, of Four -Lot Recorded Exemption,
RECX19-0115, for Removal of Lot D — Matthew and Kalyn Taylor
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 1, 2019, the Department of Planning Services approved Four -Lot
Recorded Exemption, RECX19-0115, and
Whereas, the Board has received a request from the current property owners,
Matthew and Kalyn Taylor, P.O. Box 122, Briggsdale, Colorado 80611, represented by
Lat40 Professional Land Surveyors, 6250 West 10th Street, Unit 2, Greeley,
Colorado 80634, to vacate Lot D of Recorded Exemption, RECX19-0115, and
Whereas, said property is located in part of the SE1/4 of Section 15, Township 7 North,
Range 62 West of the 6th P.M., Weld County, Colorado, being more particularly described
as Lot D of Recorded Exemption, RECX19-0115, 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 D of Recorded
Exemption, RECX19-0115.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the request of Matthew and Kalyn Taylor, for Partial Vacation of Four -Lot
Recorded Exemption, RECX19-0115, for removal of Lot D, be, and hereby is, approved,
subject to the following condition(s):
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
5047452 Pages: 1 of 2
08/14/2025 11:52 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
WAWA NV CM II II
CC'.PLOW/IAN /DA /Mo)RS14'IN
564 2025-1946
AIM R.EP. RECX19-0115
cg/2.V25
Partial Vacation, VAC25-0005, of Four -Lot Recorded Exemption, RECX19-0115, for
Removal of Lot D — Matthew and Kalyn Taylor
Page 2
created by dedication on the original plat for Recorded Exemption,
RECX19-0115, 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 9th day of July, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Excused
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
5047452 Pages: 2 of 2
08/14/2025 11:52 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
�KIIIKKAIA 11111
2025-1946
RECX19-0115
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Weld County Board of County Commissioners
From: Lindsay Oliver, Planner
Subject: Partial Vacation of RECX19-0115
Hearing Date: July 9, 2025
Owners: Matthew & Kalyn Taylor
Legal Description: Lot D of Recorded Exemption RECX19-0115; being a part of the SE4 of Section 15, T7N,
R62W of the 6th P.M., Weld County, CO
Location: North of and adjacent to County Road 80; % mile east of CR 79.
Parcel Number: 0715-15-4-00-005
Total Parcel Size: +/- 130.25 acres Zone District: A (Agricultural)
Summary:
The applicant requests to vacate Lot D of Recorded Exemption RECX19-0115, recorded March 20, 2020,
reception #4576719. This partial vacation would result in an approximately 130 acre unplatted parcel.
Vacation Criteria:
The Vacation of a Recorded Exemption plat criteria are detailed in Chapter 24, Article XI of the Weld County
Code, being the Obsolete Land Divisions Article within the Weld County Subdivision Ordinance.
Section 24-11-10. A. of the Weld County Code, states in part: "Previously approved Recorded Exemptions
and Subdivision Exemptions may be amended, corrected, or vacated."
Section 24-11-50 of the Weld County Code, provides specific criteria for the vacation process. The
processing of this vacation and memorandum have been prepared in accordance with this Code section.
Section 24-11-50. H. 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.
nip
Partial Vacation of RECX19-0115 I Taylor
Page 1 of 2
2025-1946
—gEcXI61-bI15
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.
Partial Vacation of RECX19-0115 I Taylor
Page 2 of 2
To Whom it May Concern,
jfV1'e KALYN & MATTHEW TAYLOR
('.lame of Property Owner}
are writing to request the (complete h,partial) vacation of Lot o
(Ctlefe'ttnc, (Insert Lot Designation'!
Recorded Exemption REC EXCEMPT RECX19-0115
(insert Recorded Fxemption number)
j ' r let cx
P int: Owner or Authorized Agent Date Print: Owner Authorized Agent
/ t
,3 x-30.5
Date
Signature: Owner or Authorized Agent
01;24
Signature: owner Authorized Agent
VACATION OF LOT D, RECORDED EXEMPTION No. RECX19-0115
Being a part of the Southeast Quarter of Section 15, Township 7 North, Range 62 West of the 6th P.M.,
County of Weld, State of Colorado
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LAT40°,625° Inc. oescR��,�ox "�19ONS
Professional Land Surveyors
. Gree W. 10th Street, Unit 2
Greeley, CO 80634
O:970-515-5294
VACATION PLAT
SECTION 15, TONMSHIP 7 NORTH RANGE 82 WEST
LOT D, RECORDED E%EMPTION NO. RECX18-O115
MATTHEW A. AND KALYN M. TAYLOR
38775 COUNTY ROAD 80, BRIGGSDALE, CO 80811
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RECORDED EXEMPTION N0. 0715-15-4 RECX19-0115
BEING THE SE 1/4 OF SECTION 15, TOWNSHIP 7 NORTH, RANGE 62 WEST, OF THE 6TH P.M., WELD COUNTY, COLORADO
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BY
CLIENT: AGPROFESSIONALS
3050 67TH AVE. SUITE 200
GREELEY, CO 60634
HAMMER LAND SURVEYING, INC.
3050 67TH AVENUE, SUITE 200
47676-
REEEY, CO 80634
PH: 970-535-9318
RECORDED EXEMPTION
SECTION 15, TOWNSHIP 7 NORTH,
RANGE 82 WEST, 8TH P.M.
SECTION 15, TOWNSHIP 7 NORTH
RANGE 62 WEST, 6TH P.M.
DATE: 02/12/20 IJOB# 1860-02
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 9, 2025
Hearing Time: 9:00 a.m.
Applicant:
Matthew and Kalyn Taylor
P.O. Box 122
Briggsdale, Colorado 80611
Request: Partial Vacation, VAC25-0005, of Four -Lot Recorded Exemption,
RECX19-0115, for Removal of Lot D
Legal Description: Lot D of Recorded Exemption, RECX19-0115; being part of the
SE1/4 of Section 15, Township 7 North, Range 62 West of the 6th P.M., Weld County,
Colorado
Location: North of and adjacent to County Road 80; 0.5 miles east of County Road 79
(see Legal Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: June 27, 2025
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ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
RECX19-0115
Owner
STEPHEN AND CORINTHIA FREEMYER
JESSIE ZOGG AND RACHAEL GABBARD
MATTHEW AND KALYN TAYLOR
Address
39771 COUNTY ROAD 80
PO BOX 8
39775 COUNTY ROAD 80
City
BRIGGSDALE
BRIGGSDALE
BRIGGSDALE
State
CO
CO
CO
Zip
80611-5005
80611-0008
80611-5005
CERTIFICATE OF MAILING
hereby certify that I have p aced a true and correct copy of the Notice, in accordance with the notification requirements of Weld
County for Partial Vacation, RECX19-0115 , in the United States Mail, postage prepaid First Class Mail as listed above.
Dated the 27th day of June, 2025.
• tA)
a/t,
Janet M. Warwick
Deputy Clerk to the Board
U.S. Postal Service
CERTIFIED MAIL RECEIPT
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WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
6/12/2025
11:45:47 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# 071515400005
ep\ttne . to-rct
Ll 1 alzs
Signature
Date
Account
Parcel Owner
Mailing Address
R1012486
R1012486
R1012686
R1013186
R1013186
R8965797
R8965797
R8965790
R8965790
R8965791
R8965792
071514000001 CASS RICHARD E
071514000001 WHITE GAFFNEY PATRICIA L
071514000002
071515000007
071515000007 WHITE GAFFNEY PATRICIA L
071515300008 KALMES RORY L
071515300008 KALMES LINDA D
071515400002 FREEMYER STEPHEN ROY
La+ A
071515400002 FREEMYER CORINTHIA MICHELE
64A
071515400003 TAYLOR MATTHEW A
Lo+ 3
071515400004 ZOGG JESSIE E
41455 COUNTY ROAD 86
BRIGGSDALE, CO 806118908
PFEUFFER INVESTMENT PROPERTIES 989 HUMMOCKY WAY
LLC WINDSOR, CO 805503977
CASS RICHARD E 41455 COUNTY ROAD 86
BRIGGSDALE, CO 806118908
PO BOX 2
BRIGGSDALE, CO 806110002
39771 COUNTY ROAD 80
BRIGGSDALE, CO 806115005
39775 COUNTY ROAD 80
BRIGGSDALE, CO 806115005
PO BOX 8
BRIGGSDALE, CO 806110008
Page 1 of 3
Property Owners Within 500 Feet of Parcel# 071515400005
R8965792 071515400004 GABBARD RACHAEL
R8965793 071515400005 TAYLOR MATTHEW A 39775 COUNTY ROAD 80
Loo- 17 BRIGGSDALE, CO 806115005
R8965793 071515400005 TAYLOR KALYN M
Loo- D
R2117903 071522100010 SHELLER DONALD 44429 COUNTY ROAD 83
BRIGGSDALE, CO 806119120
R2117903 071522100010 SHELLER VICKI
R2117503 071522100011 SORENSEN FAMILY TRUST PO BOX 38
BRIGGSDALE, CO 806110038
R2117703 071522100012 SHELLER DONALD 44429 COUNTY ROAD 83
BRIGGSDALE, CO 806119120
R2117703 071522100012 SHELLER VICKI
R1018086 071523000003 HERRERA GONZALO C 33850 SWEETWATER CANYON RD
MENIFEE, CA 925849270
R1018086 071523000003 HERRERA HERMELINDA D
Parcels: 12 Owner Records: 21
Page 2 of 3
Property Owners Within 500 Feet of Parcel# 071515400005
Page 3of3
Plat Vacation Application
Recorded Exemptions & Subdivision Exemptions
Planning Department Use: Date Received:
Amount $ Case # Assigned:
Application Received By: Planner Assigned:
Plat Information
Title of plat to be vacated: RECORDED EXEMPTION NO 0715-15-4 RECX 19-0115
O Complete Vacation (must include all lots)
El Partial Vacation (vacated lots must be over 35 acres each)
List of lots to be vacated:
Lot Parcel Number
Acreage Affected Easements
S 15 T 7N R 62w
071515400005
130.25
Property Owner(s) (Attach additional sheets if necessary.)
Name: MATTHEW & KALYN TAYLOR
Company:
PhOr1e /4: 720-383-1215
Email: KALYNTAYLORI4@GMAIL.COM
Street Address: PO BOX 122
City/State/Zip Cade: BRIGGSDALE, CO 80611
Applicant/Authorized Agent (Authorization form must be included if there is an Authorized Agent.)
Name: KYLE F.'
Company: LAT40 PROFESSIONAL LAND SURVEYORS
Phone #: 970-515-5294
Email: KYLER@LAT40PLS.COM
Street Address: 6250 W. 10TH STREET, UNIT 2
City/State/Zip Code: GREELEY, CO 80634
I (We) hereby depose and state under penalties of perjury that all statements, proposals, andfor 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, or 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.
rg ature: Owner or Authorized Agent
Print: Owner or Authorized Agent
01/24
Date
i
f �
Signature: Owner of Authorized Agent Date
Print: Owl) offkjhtrized Agent
Authorization Form
(We) MATTHEW & KALYN TAYLOR
Departments of Planning
Building, Development Review
and Environmental Health
1402 North 17T" Avenue
P.O. Box 758
Greeley, CO 80632
, give permission to LAT40 LAND SURVEYORS - KYLE RUTZ
(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:
Parcel No's: 071515400005 & 070715400003
Legal Description: LOT D OF RECX19-0115
Subdivision Name: NA
of Section 15 , Township 7N
Lot NA
N, Range 62W W
Block NA
Property Owners Information:
Address: PO BOX 122, BRIGGSDALE, CO 80611-5005
Phone: 720-383-1215
E-mail:
KALYNTAYLORI4@GMAIL.COM
Authorized Agent/Applicant Contact Information:
Address: 6250 W. 10TH STREET, UNIT 2, GREELEY, CO 80634
Phone: 970-515-5294 E -Mali: KYLER@LAT40PLS.COM / LEANNE@LAT40PLS.COM
Correspondence to be sent to: Owner x Authorized Agent/Applicant x by: Mail Email x
Additional Info:
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.
��\�`,,_ �r 1,� r Date 3/21t/..A- 4CLL(-01. "t ,I, Date 3/.24 /o1M
Owner Signature Owner Signature
Subscribed and sworn to before me this ; cj day of A/1 , 20 r2 S by
Akit 4h, , TAB u.-
My commission expires 3-/ 2'2e
TIMOTHY GADEKEN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID MY COMMR,SSION WIRES MARCH 9 5, 2028
01/24
Notary Pub c
Weld County Treasurer
Statement of Taxes Due
Account Number 88965793 Parcel 071515400005
Legal Description Sims Address
PT SE4 15-7-62 LOT D REC EXEMPT RECX19-01 15
Account: R8965793
TAYLOR MATTHEW A
39775 COUNTY ROAD 80
BRIGGSDALE, CO 80611-5005
Year Tax
Tax Charge
2024
Total Tax Charge
Grand Total Due as of 04/14/2025
Interest Fees
$161.58 $0.00
Payments Balance
$0.00 ($161.581
Tax Billed at 2024 Rates for Tax Area 1007 - (007
Authority
WELD COUNTY
SCI TOOL DIST RE l 0J-BRIGGSDAL
BRIGGSDALE FIRE
AIMS JUNIOR COLLEGE
HIGH PLAINS LIBRARY
WEST GREELEY CONSERVATION D
Taxes Billed 2024
* Credit Levy
Mill Levy
15.9560000*
14.2890000
4.0020000
6.3050000
3 1790000
0.4140000
$0.00
$0.00
,0.00
Amount Values Actual Assessed
$58 39 AG -DRY FARM LAND $13,841 $3,650
$52.30 AG -WASTE LAND $7 $10
$14.65 Total $13,848 $3,660
$23.08
$11.64
$1.52
44.1450000 $161.58
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
Weld County Treasurer's Office
1400 N 17. Avenue
PO Box 458
Greeley, CO 80632
Phone: 970-400-3290
Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due
issued by the Weld County Treasurer are evidence that as of this date, all current and prior year
taxes related to this parcel have been paid in full.
Signed: Date:
4673678 01/21/2021 08:04 AM
Total Pages: 1 Rec Fee: $13:00 Doc Fee: $15.75
Gaily Koppes - Clerk and/Recorder, Weld County, CO
cerwn
State Documentary Pee
Date: January 19, 2021
S15.75
Special WarrantyCleed
(Pursuant to C..,R;,z.S, 3@-30-113(1)(b))
Grantor(s), FN$ BANK CUSTODIAN OF LARRY J. N,�BTeTLER IRA , whose street address fs PO BOX 486, Burlington,
CO 80607, City or To. of Burlington, County o1 Kit Cafatlr,and State of Colorado , for the consideration of (;157,500.00) ...One
Hundred Fifty 9hta'n Thousand Five Hundred and 0011.0l1....liars, in hand paid, hereby sett* and convey(s) to MATTHEW A.
TAYLOR AtmlcACYN M. TAYLOR, as Joint Tenarat>i Whose street address is 4417 Lime;toite Cn, Johnstown, CO 80534, City 9,Town of Johnstown, County of We. and State. of Colorado, the following real property in the County of Weld and State of
Colorado, to wit:
LOT D, RECORDED EXEMPTION NO, 0715.15-4 RECX19-0115 ACCORDINGTO'THE MAP RECORDED MARCH 20, 2820 AT
RECEPTION NO. 4576719 LOCATED IN THE SE 1/4 OF SECTION 15, TOWNSHIP 7 NORTH, RANGE 62 WEST OF THE 6TH
P.M., COUNTY OF WELD, STATE OF COLORADO
100% OF THE OIL, GAS AND MINERAL RIGHTS ARE EXCLUDED.,
also known by street and number as: TBD COUNTY ROAD, 80, BRIGGSDALE, C0130611
with all its appurtenances and warrant(s) the title to the fame against all persons claiming under me(us), sub)ect to Statutory
Exceptions.,.
Signed this dey of January 19, 2021.
FRB BANK CUSTODIAN OF LARRY J. HOSTE.TTLLER IRA
By: /irC- .F�?C j:'lL, i' '7n
DEBRA MARTIN, AS TRUST OFFICER
State of 6oferadts 4<ckr1"S a3 }so.
County of S.-Q.r-tnk )
The foregoing instrument was acknowledged before me on this day of 1 13(a t
TRUST OFFICER OF FNB BANK CUSTODtAN OF LARRY J. HOSTETLER IRA
Witness my hand and official seal
My Commission expires: f I0.012.Oa3
0.14
Nr
NOTARY PIRN tC - Stale of Kano~
IoM
wii gees ! a -
by DEBRA MARTIN AS
When recorded return to: MATTHEW A. TAYLOR AND KALYN M. TAYLOR
4417 Limestone Ln, Johnstown, CO 80534
Form 1090 closing!deeds/statutory/swd_statutory.html
25181912
(190117713)
111111111111
4676728 . Palms: 1 of 1
03/29/2 94:37 PM R Ft.:$1340 D Fa:$0.N
Carly Koppat, Clark and %corder, Weld County, 0
-- all r. niFIMMIDAMONAiNitri:Ali till ;
' 0ITCLAIM DEED
THIS DEED, dated /2-- , 2018; between FNB Bank Custodian of Larry J.
'.Hostetler IRA, grantor(s), pose legal address is P.O:'13ox 486, Burlington, CO $(,,07, County of Kit
Carson, and State of edlerado, and FNB Bank Custodian of Larry J. Hostetler:I A, grantee(s), whose
legal address is P.O.;46x 486, Burlington, CO 80$O7;'County of Kit Carson, artd,5tate of Colorado.
WITNE,4. ; that the grantor(s), for Stoodand valuable consideration, the receipt and sufficiency _of
this is herets.aCknowiedged, has remised,,Teleased, sold and QUITCi AIMED, and by these presents do
remise,. release, sell and QUITCLAIM unto the grantee(s), heirs, successors and assigns foreseer, all the
right,,tit#o, interest, claim and demar d. which the grantor(s) ha3#n and to the real property, tagether with
impcoiiements, if any, situate, lying:and being in the County of Weld and State of Colorado; described as
follows:
Lot D Recorded Exemption;No. 0715-15-4 RECX19-0.115, being part of the Southfatt % of Section 15,
Township 7 North, Range 62 West of the 6. P.M., Weld County, CO.
,
•TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and
privileges thArOnto belonging, or anywise,thereunto appertaining, and all the estate, right, title, infest
and claim whatsoever of the grantor(s), Hither in law or equity, to the Only proper use, benefit and- behoof
of the grantee(s) heirs and assigns forever.
/_ , .
IN WITNESS WHEREQF, the grantor(s) has executedthis deed on the date set forth above.
RANTOR:
r,
FNB Bank Custodian of Larry J. Hostetler IRA
•t° yy,�i"7c5
Debra D. Martin
STATE OFai 0,41.SG1, c. }
} ss.
County of . ;'.Irve.nnokam }
The fore oing,lns rnent was cknowledged before me his 1. �_d,�yY•of l aLe—,,M9,
by t"G� ,�. jV+�,r ,n as ►� LJ eie-ee- of FNB' Bank
Custodian of Larry J. Hostetler IRA. -
Page 1 of 1
Witness my hand and official se 1.
My commission expires: 11?•b11409,3
Notary Public:
DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue
Greeley, Colorado 80631
Website: www.weldgov.com
Email: mnader@weldgov.com
Phone: (970) 400-3527
Fax: (970) 304-6498
November 1, 2019
FNB Bank Custodian of Larry J Hostetler IRA
PO Box 486
Burlington, CO 80807
Subject: Recorded Exemption RECX19-0115
Parcel ID #: 0715-15-4-00-001
To whomever it may concern,
The Department of Planning Services has reviewed your application and related materials for compliance
with the Weld County Code. We find that your proposed Recorded Exemption meets the intent of the Code
and it has been conditionally approved by staff. We have enclosed our comments for your case.
Please address all issues identified in the staff comments. Prior to submitting the Mylar, please submit an
electronic draft (PDF) of your plat for review by the Department of Planning Services staff. Upon approval
of the draft plat please submit a Mylar plat along with all other documentation required as conditions of
approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by
Department of Planning Services Staff. The plat shall be prepared in accordance with the requirements of
Section 24-8-60 of the Weld County Code.
The Mylar plat and additional requirements shall be submitted within sixty (60) days after the date the
Administrative Review was signed or after the date of the Board of County Commissioners resolution. There
is a $13 dollar recording fee per Mylar sheet that you will be responsible for paying to record the plat;
additional pages are $10 each. In accordance with Weld County Code Ordinance 2005-7 approved June
1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative
Review was signed a $50 recording continuance charge shall be added for each additional 3 -month period.
Please contact me with any questions.
Regards,
Maxwell Nader, Planner I
RECX19-0115
Page 1 of 6
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant:
FNB Bank Custodian of
Larry J Hostetler IRA
c/o Shannon Toomey
RECX19-0115
Planner: Maxwell Nader
Legal Description:
Being the SE4 of Section 15, T7N, R62W of the 6'" P.M., Weld County, CO
Parcel ID #:
0715-15-4-00-001
Lot A Size:
+/- 10 acres
Lot B Size:
+/- 10 acres
Lot C Size:
+/- 10 acres
Lot D Size:
+/- 130 acres
Water Source:
Lot A: Proposed Well
Lot B: Proposed Well
Lot C: Proposed Well
Lot D: Proposed Well
Sewer System:
Lot A: Proposed Septic
Lot B: Proposed Septic
Lot C: Proposed Septic
Lot D: Proposed Septic
Yes No
X
Criteria Checklist
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.
A ran. d 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 Onsite Wastewater Treatment System regulations.
2. The applicant has proposed a well as the source of adequate water for Lots A, B, C, and D. Property
owners are advised that the quantity of water available for usage may be limited to specific uses, i.e.,
"Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services
encourages property owners to contact the Office of the State Engineer, Division of Water Resources
(1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each
individual situation.
RECX19-0115
Page 2 of 6
3. 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 address the concerns of the Public Works Referral, dated October 15, 2019,
relating to the proposed Lot A, B, C, and D access location.
C. Lots A, B, and C shall comply with the two and one-half (2 1/2) acre net minimum lot size
required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not
include future road right-of-way.
D. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section
24-8-10.B of the Weld County Code. Net acreage calculations should not include future road
right-of-way.
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.
4. Items to be included on the plat:
A. The plat shall be titled: Recorded Exemption No. 0715-15-4 RECX19-0115
B. County Road 80 is a gravel 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 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.
C. Show and label the existing accesses on both sides of County Road 80 and the preliminarily
approved shared access point serving Lots A, B, C, and D. Label all accesses with the
appropriate usage type(s) (Agriculture, Residential, Commercial/Industrial, or Oil and Gas).
Public Works will review the preliminarily approved access location as a part of the plat
submittal.
D. 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.
E. Show and label all recorded easements by book and page number or reception number and
date.
5. The following notes shall be placed on the plat:
1) Recorded Exemptions on adjacent properties may raise the issue of compliance with
the intent of the Recorded Exemption Process. Approval of this Recorded Exemption
does not guarantee approval of future applications on adjacent properties.
2) 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.
RECX19-0115
Page 3 of 6
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.
3) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
4) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with
Section 24-8-20.C.3 of the Weld County Code.
5) 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.
6) 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.
7) 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.
8) 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.
9) Access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite tracking.
10) 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.
11) 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.
12) The historical flow patterns and runoff amounts will be maintained on the site.
13) 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.
14) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lots A, B, C, and D have an adequate water
supply of sufficient quality, quantity and dependability.
15) Potential purchasers should be aware that Lots 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.
RECX19-0115
Page 4 of 6
16) 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.
17) 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.
18) The approved configuration of Lot D does not constitute justification for further land
splits.
19) Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County -Wide Road Impact Fee, County Facility Fee and Drainage
Impact Fee Programs.
20) 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.
21) WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most
productive agricultural counties in the Unified 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
RECX19-0115
Page 5 of 6
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the way"
of residential development. When moving to the County, property owners and
residents must realize they cannot take water from irrigation ditches, lakes, or other
structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles
in size (twice the size of the State of Delaware) with more than three thousand seven
hundred (3,700) miles of State and County roads outside of municipalities. The sheer
magnitude of the area to be served stretches available resources. Law enforcement is
based on responses to complaints more than on patrols of the County, and the
distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers
who must leave their jobs and families to respond to emergencies. County gravel
roads, no matter how often they are bladed, will not provide the same kind of surface
expected from a paved road. Snow removal priorities mean that roads from
subdivisions to arterials may not be cleared for several days after a major snowstorm.
Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban
setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical
power for pumps and center pivot operations, high speed traffic, sand burs, puncture
vines, territorial farm dogs and livestock, and open burning present real threats.
Controlling children's activities is important, not only for their safety, but also for the
protection of the farmer's livelihood.
6. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County
Code. The applicant shall submit an electronic copy (PDF) of the plat for preliminary approval to the
Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat
along with all other documentation required as conditions of approval. The Mylar plat shall be
recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The
Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the
administrative review was signed. The applicant shall be responsible for paying the recording fee.
7 In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required sixty (60) days from the date the Administrative Review was signed
a $50.00 recording continuance charge shall added for each additional 3 month period.
8. 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.
9. The applicant shall create and submit unrecorded deeds for all the newly created lots; deeds shall
include the legal description of each recorded exemption lot. New deeds are required even if lots will
remain under the same ownership.
By: Date: November 1, 2019
Maxwell Nader, Planner I
RECX19-0115
Page 6 of 6
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