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Home My WebLink About20231002.tiffRESOLUTION RE: APPROVE VACATION, VAC23-0005, OF TWO -LOT FAMILY FARM DIVISION, FFD22-0009, AND RECOMBINE LOTS INTO ONE PARCEL - GREENLEAF ACRES, LLC, C/O BARRY FEHR WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on May 16, 2022, the Department of Planning Services approved, Two -Lot Family Farm Division, FFD22-0009, creating parcels of 68.83 acres and 6.98 acres in -size, more or less, and WHEREAS, said property is located in part of the Lots A and B of Family Farm Division, FFD22-0009; being part of the NE1/4 of Section 13, Township 2 North, Range 65 West of the 6th P.M., Weld County, Colorado, being more particularly described as Lots A and B of Family Farm Division, FFD22-0009, and WHEREAS, the Board has received a request from Greenleaf Acres, LLC, do Barry Fehr, 23670 County Road 22, Hudson, Colorado 80642, to vacate said Family Farm Division, FFD22-0009, which was recorded June 20, 2022, at Reception #4839164, in the records of the Weld County Clerk and Recorder, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said vacation, and WHEREAS, any persons owning dedicated and recorded easements and rights -of -way crossing the parcels to be vacated, if any, may continue such use after formal vacation by Weld County. 4893793 Pages: 1 of 2 04/21/2023 10:29 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO VIII F1A" JGlVICIOCI lleli KtiV:IJIMI MWy 1I II CC'. PL. (TP/MN /rttl), 04/2"1/23 2023-1002 PL2874 VACATION, VAC23-0005, OF TWO -LOT FAMILY FARM DIVISION, FFD22-0009, AND RECOMBINE LOTS INTO ONE PARCEL - GREENLEAF ACRES, LLC, C/O BARRY FEHR PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Family Farm Division, FFD22-0009, be, and hereby is, vacated, and the Lots, be, and hereby are recombined into one parcel. BE IT FURTHER RESOLVED by the Board that any persons owning dedicated and recorded easements and rights -of -way crossing the parcels to be vacated, if any, shall not be affected by this vacation authorized herein, unless reflected differently on the Family Farm Division plat. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to record this Resolution in the records of the Weld County Clerk and Recorder. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of April, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dideo V ,gyp;,, Weld County Clerk to the Board County • ey Date of signature: oN ill /23 jpewan, Chair er L. B/ k, Pro-Tem Sc•tt K. James 4893793 Pages: 2 of 2 04/21/2023 10:29 AM fliFerldeloi: $0.00 Carly Koppes, Clerk and if. County , CO VIII ��'� arir�'I '4i� «�4Ktiillill� NA "III 2023-1002 PL2874 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Weld County Board of County Commissioners From: Molly Nelson, Planner Subject: Complete Vacation of FFD22-0009 Hearing Date: April 10, 2023 Owners: Greenleaf Acres LLC Representative: Barry L Fehr Managing Partner Legal Description: Lot A and B of Family Farm Division FFD22-0009; being a part of the NE4 of Section 13, T2N, R65W of the 6th P.M., Weld County, CO Location: West of and adjacent of County Road 49; South of and adjacent to County Road 22 Parcel Number 1307-13-1-00-005, 1307-13-1-00-006, and 1307-13-1-00-007 Total Parcel Size: +1- 72.13 acres Zone District A (Agricultural) Summary: The applicant requests to vacate FFD22-0009, recorded June 30, 2022, reception #4839164This complete vacation of Lots A and B of FFD22-0009 would result in an approximately 72.13 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 24-7-90. A of the Weld County Code, states in part: "A property owner may request a complete vacation of an existing Family Farm Division." Section 24-7-90 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 24-7-90. 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 24-7-90. B of the Weld County Code allows for complete vacations. The submitted vacation request complies with this code section. Vacation of FFD22-0009 I Greenleaf Acres LLC Page 1 of 2 'f��.agi 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 24-7-90.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 FFD22-0009 I Greenleaf Acres LLC Page 2 of 2 GREENLEAF ACRES,LLC 23670 County Road 22 Hudson, CO 80642 515.320.2185 February 1, 2023 To Whom It May Concern; This letter is a formal request for vacating all of FFD22-0009 and vacating all of FFD22- 0010. Please let me know if you need any additional information. Sincerely, Barry L Fehr Managing Partner 515-320-2185 VACATION PLAT FOR FAMILY FARM DIVISION NO. FFD22-0009 Port of the Northeast 1/4 of Section 13, Township 2 North, Range 65 West of the 6th PM, County of Weld, Stale of Colorado Sheet 1 of 1 fJYMlC 9CLLE 600 VICINITY MAP: 1- - 2000' couNTr aoA0 zz "ti �'4�",.L... { VAGTEO LOT A FFD22-0009 LEGEND: ♦-=FE:: mr ro.w yr E: "v 7 w. -rv.w v.-�. w..x.ir .ww».r w.ru v,n x05.0 sk.�!-J VACATED LOT A FFD22-0009 Ii6gnJd r wwr L L L r PROPERTY DESCRIPTION BEFORE VACATION: ZIA SMIMAITA Me, AR: it: °M0 —tu.• v'n≤.miiui]' •%d vo i¢ w I i'.'°v,' .m'i'n . �cwwr °"tm a1q"fo .ors+ °:]i;]'rrt�i mx°�"iic nu - n�v].s .om uc ..wuum urnn wn. mvwr 7.7 row - aimurr''cm". uc ; ma m 1" .wn cwm.. BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF APPROVAL: o w]. tairr. rw_ uv a wrm w. "r. uo -m.aw[ a]i `� aovn tuxes r. nt tw.lm NOTES: mw� •urue[ 1.-.--io. u. [sMn. ewn] • rua wonevn .wwr :ems SURVEYOR'S STATEMENT: t4 PA -1z ♦ jali.Lu ying-Go. A r rA �mr � naFs-Im ruel-afmf ...rr VICINITY MAP: 1" = 2000' LEGEND: •-SAa/e')N'Itp�,r wa }'waweM W. na }A)� 101-2. vsa:. O PA6A�It�111MpAlFfll W 4YlYVld � 11 NOTES: LOT B La�w""'wm FAMILY FARM DIVISION NO. FFD22-0009 Part of the Northeast 1/4 of Section 13, Township 2 North, Range 65 West of the 6th P. M, County of Weld, Stole of Colorado 07,-4t,!‘i '-200'KT 0 200 e00 600 r$ L r oj4 Sheet 1 of 1 PROPERTY DESCRIPTION: .`i�ha� � '�aim[o�.� tw acm,o"�x'w-inae.�t CE�"fane�•`e Gtr"WicaHr wr„ GO e(m won- a -.w v4. + om,},a a ,MJD r[n�E'ai,[p[ lain. «»nr Gn, astctn :.�,� �a •oM � � CERTIFICATE OF OWNERSHIP: c".rza n „a�nn�i.� o .m mun..,n M"fri'To.i.t"'t �uxwnr .ara uc . avawm G.irn uurt. mww. - a,ar :/11 '-0.n' m.® raga lama DEPARTMENT Or PLANNING SERVICES - ADMINISTRATIVE REVIEW CERT1i1LATE Of APPROVAL: noes= 4/4714 SURVEYOR'S STATEMENT: LIJ ::,1awww .L2 WELD COUNTY NOTES: :Iv...ro"�'w`rvaiaim ro wiraera.�°"r..a' r.'ro"we, a Marc-,wE o -a. ,..a «,m,: ro aarz » A" ruivat memo « am « oR ,usr aruw ,er wvwtnrz :orwc .,m wwnwc rani .°1oi� w .vna�'le«� u «u!E .ra� �NM•,«�-... « um�xr sr.. o'wr.ata•� aio�`a'"`.mt ,"""we:`«ew'"`""ro ro ,.eGrz wrz .w•an ro M .ar< ww .cob.,t .w«al,� -w11a,wt,n«, t ro ...a.m « ,.I mw nmanw, waa� ...: wo•,m .) ..v ,w} " nw r.u} ro ,w: "." or ia,1 °oov°:io. *F5M (6.1474:177,1 „E�r. �.n ;a a�ar.� ;71.7,3L _ �S1 _mot tntmrp,,n, .nn caya.�uw�Rwp�m,,��.��uar�nc „mr � mpy�r[OxJ,rr. ef 1 TSwntaN �[rar.AOiw M �Mwn� fuO,mf�pmR4wIW� e@ �rza� 4E. —"1.7 ar ssw.i ,b rear r.eaa�"°nw r'°' w axinw m _ "fit a M coa° n'ass"c�a" ie'-i:a- ro .ia�c wi'mao »moo us�b w. s`�'tw. a woo' wi a me°u°�"«w�wn on:n`�""" won r M uru. moo. w¢ a oTMo s'x°iw¢w�cs'�wm nwri ,w¢".,, $Surveying CO. ro r rn, m mr • nnra-ran rue>ruamn • w.,r�: NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the time specified. 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. Date: April 10, 2023 Time: 9:00 a.m. Applicant: Greenleaf Acres, LLC c/o Barry Fehr 23670 County Road 22 Hudson, Colorado 80642 Request: Vacation, (VAC23-0005), of Two -Lot Family Farm Division, FFD22-0009, and recombine the lots into one parcel Legal Description: Lots A and B of Family Farm Division, FFD22-0009; being part of the NE1/4 of Section 13, Township 2 North, Range 65 West of the 6th P.M., Weld County, Colorado, being more particularly described as Lots A and B of Family Farm Division, FFD22-0009 Location: West of and adjacent to County Road 49; south of and adjacent to County Road 22 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: March 29, 2023 ADJACENT PROPERTY OWNERS FOR VACATION OF FFD22-0009 Owner GREENLEAF ACRES C/O BARRY FEHR Address 23670 COUNTY ROAD 22 City State Zip HUDSON CO 80642-9513 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 Vacation of Family Farm Division, FFD22-0009, in the United States Mail, postage prepaid First Class Mail as listed above. Dated the 29th day of March, 2023 . IBC 1 `i- L� Janet M. Warwick Deputy Clerk to the Board tuonct Vezcal-icn c EFI)zzroonci rrP 2Z -i)01 mat. k d i r idint U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps co . 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 $ O Adult Signature Restricted Delivery $ Postage Total Pos e and Fees Sent To Af : !` �r Stree Postmark Here PS Form 3800, April 2015 PSN 7530.02-000-9047 See Reverse for Instructions 5/3/23, 4:13 PM USPS.com® - USPS Tracking® Results LISPS Tracking° Tracking Number: 70171450000096750053 Copy Add to Informed Delivery (https://informeddelivery.usps.com/) Latest Update FAQs Remove X Your item was delivered to an individual at the address at 4:35 pm on March 31, 2023 in HUDSON, CO 80642. Get More Out of USPS Tracking: USPS Tracking Plus° Delivered Delivered, Left with Individual HUDSON, CO 80642 March 31, 2023, 4:35 pm See All Tracking History See More \/ Track Another Package II CD CD Q p v 7 - Enter tracking or barcode numbers • Need More Help? Contact USPS Tracking support for further assistance. FAQs https://tools.uses.com/golTrackConfirmAction?tRef=fullpage&tLc=3&text28777=&tLabels=70171450000096750053%2C%2C&tABt=false 1/2 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 3/28/2023 9:05:11 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Cloud- (14 4,00 i.0 Ck Signature 3/Vg 1 z3 Date Property Owners Within 500 Feet of Parcel # 130713100007 Account Parcel Owner Mailing Address R8940484 130507300016 WELD COUNTY 1150 O ST GREELEY, CO 806319596 R8969993 130507300020 PIONEER HOLDCO LLC ATTN: JOEL FARKAS, MANAGER 9033 E EASTER PL STE 112 CENTENNIAL, CO 801122105 R8941205 130518200010 WELD COUNTY OF 1150 O ST GREELEY, CO 806319596 R8941206 130518200011 FEHR BARRY L (10%) R8941206 130518200011 FEHR CORY D (10%) R8941206 130518200011 WESTERN LAND & WATER GROUP LLC (57.69%) R8941206 130518200011 MEADOW RIDGE HOLDINGS LLC (22.31%) 23670 COUNTY ROAD 22 HUDSON, CO 905429513 R8944996 130518300020 WELD COUNTY OF 1150 O ST GREELEY, CO 806319596 R8944997 130518300021 BRATRSOVSKY SUSAN M Parcels: 22 Owner Records: 28 Page 1 of 5 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 3/28/2023 9:05:11 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Ottd114 .i,clAhuJ1 �. Signature BIZSIZ�J Date Property Owners Within 500 Feet of Parcel # 130713100007 Account Parcel Owner Mailing Address R8944997 130518300021 BRATRSOVSKY DONALD J 9428 COUNTY ROAD 49 HUDSON, CO 806429508 R6992997 130712300010 RIVERA ORLINDA L R6992997 130712300010 RIVERA CARMELO JR 23431 COUNTY ROAD 22 HUDSON, CO 806429512 R4682407 130712400012 PIONEER METROPOLITAN COMMUNITY AUTHORITY BOARD C/O MCGEADY BECHER, P.C. 450 E 17TH AVE STE 400 DENVER, CO 802031254 R8940485 130712400017 WELD COUNTY 1150 O ST GREELEY, CO 806319596 R8940486 130712400018 PIONEER HOLDCO LLC ATTN: JOEL FARKAS, MANAGER 9033 E EASTER PL STE 112 CENTENNIAL, CO 801122105 R5137686 130713000014 GREENLEAF ACRES LLC C/O BARRY FEHR 23670 COUNTY ROAD 22 HUDSON, CO 806429513 R8940476 130713100001 WELD COUNTY 1150 O ST GREELEY, CO 806319596 R8940477 130713100002 WELD COUNTY 1150 O ST GREELEY, CO 806319596 Parcels: 22 Owner Records: 28 Page 2 of 5 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 3/28/2023 9:05:11 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. cAtucto 1,6 cm, Signature 3Izge/z3 Date Property Owners Within 500 Feet of Parcel # 130713100007 Account Parcel Owner Mailing Address R8978663 130713100005 f'r GREENLEAF ACRES LLC C/O BARRY FEHR 23670 COUNTY ROAD 22 HUDSON, CO 806429513 R8978664 130713100006 GREENLEAF ACRES LLC C/O BARRY FEHR 23670 COUNTY ROAD 22 HUDSON, CO 806429513 R8978665 130713100007 1,0'3 GREENLEAF ACRES LLC C/O BARRY FEHR 23670 COUNTY ROAD 22 HUDSON, CO 806429513 R8978666 130713100008 GREENLEAF ACRES LLC C/O BARRY FEHR 23670 COUNTY ROAD 22 HUDSON, CO 806429513 R8978667 130713100009 GREENLEAF ACRES LLC C/O BARRY FEHR 23670 COUNTY ROAD 22 HUDSON, CO 806429513 R8978668 130713100010 GREENLEAF ACRES LLC C/O BARRY FEHR 23670 COUNTY ROAD 22 HUDSON, CO 806429513 R4258806 130713400016 SWARTZ INDUSTRIES INC 4224 STARFLOWER DR FORT COLLINS, CO 805264150 R8945007 130713400024 WELD COUNTY 1150 O ST GREELEY, CO 806319596 R8945008 130713400025 ARTER ERIN Parcels: 22 Owner Records: 28 Page 3 of 5 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 3/28/2023 9:05:11 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. C_I:cd-rki .00A to Lk, I Z 3 Signature S I Z ? Date Property Owners Within 500 Feet of Parcel # 130713100007 Account Parcel Owner Mailing Address R8945008 130713400025 ARTER TIMOTHY 9405 COUNTY ROAD 49 HUDSON, CO 806429507 Parcels: 22 Owner Records: 28 Page 4 of 5 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 3/28/2023 9:05:11 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 130713100007 Parcels: 22 Owner Records: 28 CL4Inl.U2t__liAUM0C Signature 3/72 jZ.3 Date Page 5 of 5 PLAT VACATION APPLICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS FOR PLANNING DEPARTMENT USE: DATE RECEIVED: AMOUNT: $ CASE # ASSIGNED: APPLICATION RECEIVED BY: PLANNER ASSIGNED: PLAT INFORMATION Y� rn,, Title of plat to be vacated: A-Il o �� F F a r) O . FFU-2�'u.)19S J 3 T.2 n R 6511 ®Complete Vacation (must include all lots) ❑Partial Vacation (vacated lots must be over 35 acres each) List of lots to be vacated: Lot Parcel Number Ali of FFD22- b00 Acreage Affected Easements S'I PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: 6 r{evi Leu.f Aerrs L LC - Company: Phone #: ,5"/ - 320-.2)86 Email: erecN J{e.fa.c rys e kw/'iur4, I . co. Street Address: 2 36)0 of 22 City/State/Zip Code: y G o ka6,z APPLICANT/AUTHORIZED AGENT (Authorization form must be included if there is an Authorized Agent.) Name: Company: Phone #: Email: Street Address: City/State/Zip Code: I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application. If the fee owner is a corporation, evidence must be Included indicating the signatory has the legal authority to sign for the corporation. I (We) have read and agree to comply with the regulations for complete or partial vacation of recorded exemptions or subdivision exemptions. `-' zFL 1-a�23 Signatur . Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date L Print Owrfer or Authorized Agent Print Owner Of Authorized Agent Document must be filed electronically. Paper documents will not be accepted. Document processing fee Fees & forms/cover sheets are subject to change. To access other information or print copies of filed documents, visit www.sos.state.co.us and select Business Center. (-Filed Colorado Secretary of State Date and Time: 08/19/2011 10:43 AM ID Number: 20111469832 $50.00 Document number: 20111469832 Amount Paid: $50.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursuant to § 7-80-203 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.) 1. The domestic entity name of the limited liability company is GreenLeaf Acres, LLC (The name of a limited liability company must contain the term or abbreviation "limited liability company", "ltd. liability company", "limited liability co.", "ltd. liability co.", "limited", 'Si.:. ", "11c", or "ltd". See §7-90-601, C.R.S.) (Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.) 2. The principal office address of the limited liability company's initial principal office is Street address 4716 545th Ave. (Street number and name) West Bend IA 50597 (City) (State) ""°"a1 Code) United States (Province — if applicable) (Country) Maiiine address (leave blank if same as street address) (Street number and name or Post Office Box information) (City) (State) (ZIP/Postal Code) (Province — if applicable) (Country) 3. The registered agent name and registered agent address of the limited liability company's initial registered agent are Name (if an individual) OR (if an entity) (Caution: Do not provide both an individual and an entity name.) Street address 1560 Broadway, Ste. 2090 (Last) (First) (Middle) (Suffix) Corporation Service Company ARTORG_LLC (Street number and name) Denver (City) co 80202 (State) (ZIP Code) Page 1 of 3 Rev. 02/28/2008 Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) (City) CO (State) Me following statement is adopted by marking the box.) ✓ The person appointed as registered agent has consented to being so appointed. (ZIP Code) 4. The true name and mailing address of the person forming the limited liability company are Name (if an individual) OR (if an entity) (Caution: Do not provide both an individual and an entity name.) 4716 545th Ave. Fehr (Last) Barry (First) (Middle) (Suffix) Mailing address (Street number and name or Post Office Box information) West Bend IA 50597 (City) (State) (Z/P/Postal Code) United States (Province - if applicable) (Comity) (If the following statement applies, adopt the statement by marking the box and include an attachment) ❑ The limited liability company has one or more additional persons forming the limited liability company and the name and mailing address of each such person are stated in an attachment. 5. The management of the limited liability company is vested in (Mark the applicable box) ❑✓ one or more managers. OR ❑ the members. 6. (The following statement is adopted by marking the box) ✓❑ There is at least one member of the limited liability company. 7. (/f the following statement applies, adopt the statement by marking the box and include an attachment.) ❑ This document contains additional information as provided by law. 8. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) (If the following statement applies, adopt the statement by entering a date and, if applicable, time using the required format.) The delayed effective date and, if applicable, time of this document is/are (mm/ddlyyyy hour.•minute am/pm) ARTORG_LLC Page 2 of 3 Rev. 02/28/2008 Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. 9. The true name and mailing address of the individual causing the document to be delivered for filing are Groom Patrick (Last) (First) (Middle) (Suffix) 822 7th St., Ste. 760 (Street number and name or Post Office Box information) Greeley (City) CO 80634 (State) (ZIP/Postal Code) United States (Province— fapplicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) ❑ This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). ARTORG_LLC Page 3 of 3 Rev. 02/28/2008 4885757 03/09/2023 03:26 PM Total Pages: 2 Rec Fee: $18.00 Carly Koppes - Clerk and Recorder, Weld County , CO SPECIAL WARRANTY DEED RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Witwer, Oldenburg, Barry & Groom, LLP Attn: Patrick M. Groom, Esq. 822 7`h St., Ste. 760 Greeley, CO 80631 SPACE ABOVE THIS LINE FOR RECORDER'S USE SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is dated as of the j'q day of February, 2023, between GREENLEAF ACRES, LLC, a Colorado limited liability company ("Grantor"), and GREENLEAF ACRES, LLC, a Colorado limited liability company (collectively "Grantee"), whose street address is 23670 CR 22, Hudson, CO 80642. WITNESSETH, that Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto Grantee, and its successors and assigns, forever, all of that certain real property, together with improvements, if any, in the County of Weld and State of Colorado that is legally described as: LOT A and LOT B of Family Farm Division No. FFD22-0009, according to the plat recorded on June 30, 2022, at Reception No. 4839164, being a part of the Northeast '/4 of Section 13, Township 2 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado (the "Property"); TOGETHER WITH all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of Grantor, either in law or equity, of, in and to the Property; TO HAVE AND TO HOLD the Property unto Grantee, its successors and assigns, forever; AND Grantor covenants and agrees to and with Grantee, to warrant and defend the quiet and peaceable possession of the Property by Grantee, its successors and assigns, against every person who lawfully claims the Property or any part thereof, by, through or under Grantor, subject to taxes and assessments for the current year and Statutory Exceptions pursuant to C.R.S. §38-30- 113. [SIGNATURE PAGE FOLLOWS 4885757 03/09/2023 03:26 PM Page 2 of 2 IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed as of the day and year first written above. GREENLEAF ACRES, LLC a Colorado limited liability company STATE OF COLORADO ss. COUNTY OF WELD By: (7)041).- y B L. l� arty eh r, Manager The foregoing instrument was acknowledged before me this Z` ' day of February, 2023, by Barry L. Fehr, as Manager of GreenLeaf Acres, LLC, a Colorado limited liability company. Witness my hand and official seal: My commission expires: y-q`202t4 CAROL R TEMPLEMAN Notary Public State of Colorado Notary ID # 20074038797 My Commission Expires 04-09-2024 2 (,ate --renyekatrarN Notary Public DEPARTMENT OF PLANNING SERVICES FAMILY FARM DIVISION ADMINISTRATIVE REVIEW Case #: FFD22-0009 Planner: Angela Snyder Submitted: 4/15/2022 Applicant: Greenleaf Acres LLC c/o Barry Fehr Parcel ID #(s): 1 3071 31 00004 Legal Description(s): PT NE4 of Section 13, T2N, R65W of the 6h P.M., Weld County, CO Family Farm Location: Proposed Lot A of FFD, 23670 CR 22 (North House) Lot A Size: ± 6.98 acres Lot B Size: ± 68.83 acres Water Source: Lot Lot A. B: Well Proposed #292893 Well Sewer System: Lot Lot A: B: Septic Proposed #SE -1200186 Septic The Family Farm Division criteria and process are detailed in Chapter 24, Article VII of the Weld County Code. Referral Agency Review: The Department of Planning Services' staff has received referral responses with comments from the following agencies: • Town of Keenesburg, referral dated May 9, 2022 • Weld County School District RE -3J, referral dated April 18, 2022 • Colorado Division of Water Resources, referral dated May 2, 2022 • Weld County Department of Public Health and Environment, referral dated April 20, 2022 • Weld County Department of Planning Services — Development Review, referral dated April 22, 2022 • Weld County Department of Planning Services — Floodplain. referral response dated May 10, 2022 The Department of Planning Services' staff has received referral responses without comments from the following agencies: • Hudson Fire Protection District, referral dated April 22, 2022 The Department of Planning Services' staff has not received responses from the following agencies: • Town of Hudson • Weld County Zoning Compliance • Platte Valley Conservation District Narrative: The proposed application seeks to separate an existing set of residential improvements, located at 23670 County Rd 22, from an active family farm, Greenleaf Acres LLC, which has multiple families in the partnership. This application is for the B. Fehr family. This Family Farm Division (FFD) is being reviewed in conjunction with FFD22-0010, which will separate a second set of residential improvements for another member, the M. Skoglund family. Both FFDs are occurring on the same 124 -acre parent parcel that will be combined with an adjacent 24 -acre parcel and then split into separate parcels prior to recording the plat. The FFDs will allow the members to own their homes separately from the family farm partnership. FFD22-0009 Page 1 of 7 Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the Family Farm Division Overview and Standards per Sections 24-7-10 and 24-7-20 of the Weld County Code have been met. This Family Farm Division is approved with the following conditions of approval in accordance with information submitted in the application and the policies of Weld County. 1. Prior to recording the plat: A. The applicant shall satisfy the requirements of Weld County School District RE -3J, as stated in the referral response dated April 18, 2022, per Section 24-3-170 of the Weld County Code. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. B. The applicant shall address the requirements of the Colorado Division of Water Resources, as stated in the referral response dated May 2, 2022. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. 2. The draft plat shall be amended as follows: A. The map shall be prepared per Section 24-7-50 of the Weld County Code. B. Each page of the plat shall be titled: Family Farm Division No. FFD22-0009 C. The plat shall include the attached Weld County Plat Notes. D. The plat shall bear the certifications shown in Appendix 24-C of the Weld County Code, as amended. Do not include the Board of County Commissioners certificate block. E. The plat shall contain a historical list of the land division and amendments which resulted in the parent parcel(s). Reference previous land divisions by case number, reception number and recording date of plat or deed. F. The Family Farm Division lots shall be designated in alphabetical order from smallest to largest in acreage on the plat map and legal description. G. All lots of the Family Farm Division shall not be less than one (1) acre in size if served by a public water source or two and one-half (2.5) acres if served by a water well. H. The lot created by the Family Farm Division shall not be greater than seven (7) acres. I. All lots included in the Family Farm Division application that are more than thirty-five (35) acres shall remain at least thirty-five (35) acres. J. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study. K. County Road 22 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as an arterial road, which requires 140 feet of right-of-way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right -of- way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback ismeasured from the future right-of-way line. This road is maintained by Weld County. FFD22-0009 Page 2 of 7 L. County Road 49 is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as an arterial road, which typically requires a minimum 140 feet. of right- of-way at full build out. Weld County is currently in the process of widening this corridor. The alignment of the road widening project varies along the section line for the corridor. Contact Public Works for the location of the existing and future right-of-way and easements and delineate these on the map. M. Show and label the access points onto CR 22. Include access type (e.g. Residential, Agricultural). Development Review will review access locations as a part of the plat submittal. N. Show and label a 30 -ft. minimum access and utility easement to provide legal access to the parcel on the plat. O. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-70.E of the Weld County Code. P. Show and label all recorded easements and rights -of -way by book and page number or reception number and date. Q. Show and label any conflicting boundary evidence such as fences or structures. 3. The following Weld County Plat Notes shall be placed on the plat: 1) The purpose of this Family Farm Division, FFD22-0009, is a one-time only land division to create a separate, buildable lot to support a family farm or ranch. 2) No lot may be amended or divided except in accordance with Chapters 24 or 27 of the Weld County Code, as amended. 3) Any future structures or uses on site must obtain the appropriate zoning and building permits. 4) 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. 5) Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the existing County right-of-way. 6) 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. 7) 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. 8) 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. 9) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. 10) The historical flow patterns and runoff amounts will be maintained on the site. FFD22-0009 Page 3of7 11) This application is proposing a well as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e., domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. 12) A Weld County On -site Wastewater Treatment System Permit is required and shall be installed according to the Weld County On -site Wastewater Treatment System Regulations prior to issuance of a certificate of occupancy. 13) A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map # 08123C -1975E dated January 20, 2016 (Box Elder Creek). Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or unimproved real estate, including by not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials 14) FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development activities, the owner should contact Weld County to determine if the floodplain boundaries have been modified. 15) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29- 3-20.6.13 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. 16) Building permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee, the County Facility Fee and the Drainage Impact Fee Programs. 17) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No occupied building or structure shall be constructed within two hundred (200) feet of any tank battery, within one hundred -fifty (150) feet of any oil and gas wellhead or within twenty-five (25) feet of any plugged or abandoned oil and gas well. 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 Family Farm Division 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. FFD22-0009 Page 4 of 7 Mineral resource locations are widespread throughout the County and people 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 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. FFD22-0009 Page 5of7 4. Next Steps: Per Section 24-7-50 of the Weld County Code: A. The Family Farm Division revised draft plat shall be submitted once an application is approved. The applicant shall electronically submit the draft plat in PDF format to the Department of Planning Services for Planning and Public Works review. Planning staff will send the draft plat back to the applicant with redline comments to be incorporated in the revised plat. There may be subsequent rounds of review. B. Upon approval of the draft plat and completion of the conditions of approval, the applicant shall submit the signed and notarized approved plat to the Department of Planning Services. The approved plat shall be recorded in the Office of the Weld County Clerk and Recorder by the Department of Planning Services. The approved plat and additional requirements shall be recorded within one hundred twenty (120) days from the date the administrative review was signed or from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fee. 5. Enforcement: Per Section 24-7-60 of the Weld County Code: A. If the Family Farm Division plat has not been recorded within one hundred twenty (120) days from the date the Staff Report was administratively signed or the date of approval by the Board of County Commissioners, or if an applicant is unable to meet any of the conditions within one hundred twenty (120) days of approval, the Director of Planning Services may grant an extension for a period not to exceed one (1) year, for good cause shown, upon a written request by the applicant. If the applicant is unwilling to meet any of the conditions of approval or the extension expires, the application will be forwarded to the Board of County Commissioners for reconsideration. The entire application may be considered for denial by the Board of County Commissioners. Alternatively, the Board of County Commissioners may consider upholding, modifying or removing the contested conditions of approval. B. The property owner shall comply with the recorded plat notes and lot configuration. Noncompliance may result in locking of the lots and withholding Weld County permits. C. The Board of County Commissioners shall have the power to bring an action to enjoin any subdivider from selling, agreeing to sell or offering to sell subdivided land before a plat for such subdivided land has been approved and recorded per Section 30-28-110(4), C.R.S. 6. Plat Recording Process: Per Section 24-7-40 and Appendix 5-J of the Weld County Code: A. Upon completion of the conditions of approval and acceptance of the plat, the plat may be submitted for recording with the recording fee to the Planner. The plat shall be signed and notarized by the property owners. If approved by the Department of Planning Services, the Planning Director shall sign the plat. If approved by the Board of County Commissioners, the Chair of the Board shall sign the plat. B. The Department of Planning Services shall submit the plat to the Weld County Clerk and Recorder for recording. C. The Family Farm Division is approved and binding the date the plat is recorded with the Weld County Clerk and Recorder. FFD22-0009 Page 6 of 7 D. Should the plat not be recorded within the required one hundred twenty (120) days from the date the Administrative Review was signed, a $50.00 Recording Continuance fee shall be assessed for each additional three (3) month period that the plat has not been recorded, beyond the initial one hundred twenty (120) days. 7. Recording New Deeds: 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 number of the Family Farm Division plat. 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: C , ,{ - Date: May 16, 2022 4,49(--AVA nyer, Planner II FFD22-0009 Page 7 of 7 Hello