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Home My WebLink About20233507.tiff RESOLUTION RE: APPROVE PARTIAL VACATION, VAC23-0047, OF TWO-LOT RECORDED EXEMPTION, RECX18-0086, FOR REMOVAL OF LOT B - NICANDRO AND MARIA SANCHEZ 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 July 23,2018,the Department of Planning Services approved Two-Lot Recorded Exemption,RECX18-0086,and WHEREAS,the Board has received a request from the current property owners,Nicandro and Maria Sanchez,10521 County Road 14.5,Fort Lupton,Colorado 80621-8907,represented by Intermill Land Surveying,Inc.,1301 North Cleveland Avenue,Loveland,Colorado 80537,to vacate Lot B of Recorded Exemption,RECX18-0086,located on the following described real estate,to wit: Lot B of Recorded Exemption,RECX18-0086;being part of the W1/2 NE1/4 of Section 35,Township 2 North,Range 67 West of the 6th P.M.,Weld County, Colorado WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present,studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and,having been fully informed,deems it advisable to approve said partial vacation,and makes the following findings: 1. No property will be left without access to a public road right-of-way as a result of the vacation. 2. No property resulting from the vacation will continue to use any access across any other lots within the exemption plat. 3. No easements are being included in this vacation. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,that the request of Nicandro and Maria Sanchez,for Partial Vacation of Two-Lot Recorded Exemption,RECX18-0086,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 4938533 Pages: 1 of 2 cc:P1,(ER/MWESI 01/05/2024 11:13 AM R Fee:$0.00 APPL REP Carly Kopec,Clerk,nd R000rder,Wald Count i,CO • . 2023-3507 IIII I�PAI R IIIIih Iig I LlAN1MA 4INilki,11 III °./c6/2A RECX18-0086 PARTIAL VACATION,VAC23-0047,OF TWO-LOT RECORDED EXEMPTION,RECX18-0086, FOR REMOVAL OF LOT B-NICANDRO AND MARIA SANCHEZ PAGE 2 effect the date of recordation of the land survey plat with 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 4th day of December,A.D.,2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO ATTEST: ..° � j •,1 • r man,Chair Weld County Clerk to the Board er L. ck,Pro-Tem BY. //I 1.[)t c� Deputy Clerk to the Board �►�'"�'"',�,ott K.Jame AP ED ORM: I (—)D.Ross County A orney �.. 17.114z5 �:'Saine Date of signature: 1 ~`Ii 4938533 Pag.s: 2 of 2 01/00/2024 11:13 AM R Fee:$0.00 Carly Koppel,Clerk and Reoorder,Weld County,CO iil lM�� K114�14 �I�I�+CM� 14 itiitir. IRici�4�'�W 1I 111 2023-3507 RECX18-0086 _ 1861 , �J ru' =I�I,''y DEPARTMENT OF PLANNING SERVICES t �r!I;% MEMORANDUM kCOUNTY— To: Weld County Board of County Commissioners From: Eric Sheley,Planner Subject: Partial Vacation of RECX18-0086 Hearing Date: December 4,2023 Owners: Nicandro&Maria Sanchez 10521 County Road Representative: Intermill Land Surveying C/O Lynnie Berglin 1301 N.Cleveland Ave,Loveland CO 80537 Legal Description: Lot B of Recorded Exemption RECX18-0086;being a part of the W2NE4 of Section 35, T2N,R67W of the 6th P.M.,Weld County,CO Location: North of and adjacent of County Road 14 1/2;0.42 Miles West of County Road 23 Parcel Number: 1311-35-1-00-011 Total Parcel Size: +/-71.722 acres Zone District: A(Agricultural) Summary: The applicant requests to vacate Lot B,being the largest lot of the Two-Lot Recorded Exemption RECX18- 0086,recorded January 31,2019,reception#4463635.This partial vacation of Lot B of RECX18-0086 would result in an approximately 71.722 acre unplatted parcel.Lot A of RECX18-0086 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. 2023-3507 Vacation of Lot D of RECX18-0086 I Sanchez g-oD$(e ILICA Page 1 of Recommendation: The Department of Planning Services staff has reviewed this request and recommends that this request be approved by the Board of County Commissioners subject to the following condition. A. If the vacation request is approved by the Board of County Commissioners,the vacation plat shall be submitted to the Department of Planning Services for review in accordance with Sections 24- 11-50.H and I of the Weld County Code.Upon acceptance of the plat,the plat shall be signed by the property owners and shall be submitted for recording with the recording fee to the Department of Planning Services.The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder. Vacation of Lot D of RECX18-0086 I Sanchez Page 2 of 2 To Whom it May Concern, Nicandro and Marie E.Sanchez I/We (Name of Property Owner) are writing to request the(complete/partial)vacation of Lot of (Circle one) (Insert Lot Designation) 1311-35-04 RECX18-0086 Recorded Exemption (Insert Recorded Exemption number) Lynnie Berglin 08/14/2023 Print:Owner or Authorized Agent Date Print:Owner or Authorized Agent ,c-T—ey 08/14/2023 Signature:Owner or Authorized Agent Date Signature:Owner or Authorized Agent VACATION OF LOT B OF III III RECORDED EXEMPTION NO. , PFOPERTVDESCRIPTION 5 ill III o.nbn.r�wwHa. R=e6,waa�BmBN _ c°°,1 bar N e..r.n w.ns.nm.1 1311-35-04 RECX18 0086 i i ...,.a.,.a mlNawaAure..N..�.. .e.a 6wrn a. 51T.ATF NTHEwE5THA F:HENDR"FA E EL NBHIP GE6� oF.�E6.THPHNLW,LMErvIOI,N s�rE BE�I NIN�a N.L..Nwn.rL.rrer° 6.r°]6. LLUMV OF WELD STATE OF COLORA00 Sacr.n].nny0]la•W Wn6p rnr Lw.. Fe.xedWva vW ada9rro E'Z e'0cuEwe.asl n'mrerrlw EE..e,warv.vlaxll P%VL]%1B.OW6 ur Vw Wed nLdrX are PuwreeYs ollt�:B,eW V N..'F',0 ab L.IA6.wn6L:0',F'esIRY.lxledad.Bern6.FLe'ei'Lcr'eMx.eVe. '.m SI•.t]J'Ww,]5.x lwlxeppMr a°um BO•J]]BWeal)6.IB leel l.Ik 5.um Lu,.r wp NOMeaal Ouwur.I co.—a.,..., c.vury A.,.a vz n d PROPERTY OWNERS EERTIFICATE. .Ne k Weld County Road 16 ,nom mpe6 e.L"Ia,:.',:: F.,°"`""° ""°.e — , m B66zz re.m.b ,.mnr..w,L,ea w ",°,„Ya<r �\�1 J .m ., r a a.r.r.d. " «n.P°a wr ww.rer.B«a ——,31T6z' ..., n w N In OueR ez ' Em G Corner rJ'T6x N Wr..Carver .,re, Sx.36,T3N,H6iW� \Sac 35 T3N gfi]W 5 c 35 iN R6)W i, ,,,—,.S.„.., Mae,,„,.. '6'P STATE F a i O \ SOLAR, n ° L.UNTv.F ]' s� 0 -� N.wbm6arel,.aa.M..aE'6° •°o...r'.m, ]B3]oe - ii! K ..WJ,,n.,e.....,..d z„ a VACATED PARCEL rbl,vr�m.. W e LOT B OF RECORDED EXEMPTION >o NO. BOARD OF COUNTY COMMISSIONERS APPROVAL 1311-35-04 RECX18-0086 : Q — - wowme m,dac..nn c.mmnN.,reNawad �co cATEo aN ev REs W;::`,rvo. — carve:sr„e of cade°o. - oFinE6oARoarcoudivc.MssI.uERSDFwELD couNry o e yr ' ..:. "- ��, wlr..arw rrano.no bL.N.ra,s.N.l wed c°.nn and wvm 2 to 2 l_J z a,, ,, s rr,we ma Q'o I-1 0.O r n. J - w,n. CHAIR,BOAR.OF COUNTY COMMISSIONERS: Z FS₹ v weleECaunry Lkw l.INa Bow Q ,lr LINE LEGEND BV 'B u,e 0 re J .._•_.. Sra W � .Mi.swwr Q Y* e sdfi2�%2 _--- a.. W, g!: o SURVEYOR 5 CERTIFICATE , 6 1 �6 even mM 6urrN asH�bu w mSrde.r Lvb,em,oo Z Q 02. rwy ca�lra Eye m tl e / �c''sWe Oncn sun v moN w me cobr.m°wa °Nsu:Pnara o ; ` 0 eren r 3� A'''..pr N�'“ITZIAN.6uRVEVW O .Ra ..L oelo., '...'111.1:,'" ., C IeiOua Crnat 6�ti E O rGBrn.r 8]06680516 B 35 Tt fi]W >5M1,, 5 3 2N,VW �,�fi E 5000339 W w nJ.nnfiln f` No,�rr> i 1 ]5 i9 r - p eeLs3wcz` a4�` - T NBB s6xiw,]l,6 w - NSB•ssm��.lz ,.�.. N.Tp E.n seb.r c.b,m Lwn..,..r A,.Nan Pa.aabrra Enar.ea �"-'I(��)_�.' ,�,o K Em.o r..a e.nlee EBsI s.eBNn eBrnBr m Ls-e s.a,.r.a w Hass z`m Wa,.'e wnm`r waa re,e.n maa7e an �I� -"-E I Weld County Road 14-1/2 5a 36 TZN R6TW I 5vMe0 EGE D .B mM.w p„:°w,,r,,r w.b„aa., u o °row43B N ma.r°w.r•m S ,arw O o 'aw.b �wWw�.�urerv,.w.,.r,_ ro. m�.. ]B6]IryP w w LAx.nar�.Ss�lwm.° Ou=r �1LP1]-832. 0- � ��B 6LAlE'.i 30 is24.h 1:4;Lii44..,,, RECORDED Oo RDf DD C{C PIIIOO N KO.1311-35-04 X311-35-004 R C K18-00£36 IIN THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 35.TOWNSHIP 2 NORTH.RANGE 6]WEST OF THE 6TH P.M.,COUNTY OF WELD,STATE OF COLORADO. PLAT NOTES' u.rewr.°t:w�;eo a e°"'r em"'"°°°"n°°'°°e<" lilliD WELD COUNTY ROAD 16 os'ii PROPERTY DESCAIPRON: b Se<,'n°3,Tin CRsiw—� 589'44'22"E-- 131].62' I �,a s zazs.z.-- -- q°'we„.ru.<uvx, r.w.as,w.au..m.u' or,nn me,.,a« I• u,,.m, .: x^.e.... r x.„,.,,,.,,,_„_,,„1 m� ,v c°v a o . n.a xx F ,]t J.ax —1'—al,',-,IF"--- " ,,,=0...,," we,yWw,aeor,m,a::,aPo,,,,,,,,.....,...w. mwa.a,« , .ms,. i) ° ,i E°::`,':::(17'7'7w m.u<n awe m.m.nuae,n.i.t o,me a.<wa.e c,.,�oxm come....e.«°m 5 I PROPERTY OWNERS CERTIFICATE: .' .m,n e.a e w, L,,.,,,.,,,..m ,,..,.vPlr o cur ' -—'m ,.=a., E.,.mn..om..a,. ..,r.m.mcauw or o .wr.wr....eca r) oaem0.vu�men�e� , pa's m "m.W.,e,.,Me,m q°°wr.,' --'°4_ � mare_ -- sm,.er[.Lin qs......,....„..•...................,..........,,. .. mr...„..'",a<Ru....e...e..„m..,.em«..,,....,..<...re,,. z:„.:,', ry. r--1 I�, ,.eo.,rewi,.em a m,r. .. m.m..,.u.,..,,r.w...o u. 5 I mu.e r.ea ma...s.i _.— u)..<.,w.rw a u4�n.e,mq.. w.,e,.a..,,m ui..;e, LOT B) 1'1'1..4-4+,£o<. N +z)v ,..em cw.q.,.o= �u row=me 1 N0EN e L +s). A.m f �/ „.allviww.xe.... Unnnyq U .u,....r,um......n.x,.u,u,o, w'!vo..ec..,,n,..r u..or.u., £g WEST I�EAST 6 Z g u, ,.) nm �' DEPPATMENT OF PUWNING SERVICES ADMINISTRATIVE REVIEW CERTIFICATE: L <I m.-0,—..,.m.m.,.mi e=v.ee eu ,. SOUTH ,o.venm.,i aimacv C ,e),,.. ..n a... _ ....x..... H0RQ0NI SG IF: 200' « c'.«rwmee•I,.n,ws.,k•//. ro rFLi se);� - �,,ee..,,..,.r su..,., y c,r )" .. a q. .��,w,..a,,...r,A...t..,<.mx...,,,..,... ,.,., '�I -�,...�.....a.e.. Rte. �� ,. Z Eii,n) "" 8`P°e...«..,tyro.. �.m..,w,.ou.<.. ,�'q x y.w. , - _, N '°o,.X N`� are u .,w e u.a r a am<xr e.qm,a.w, mm mwa• =..s....'........`" .,....,...,.. GENERAL NOTES' Yl i "w�aae �.,,,.,_,m u °—.—°::::::::::::7.7,—.—....—„,, m.,r x,,,,,- J g W 11 K'°'" <o.,,,a..°w er,., x. <.ma...,LS. 0 tl $ Rmo. ...•w LOT• ��, J m N w<ynn '''. IS rmewo(': '''''''''6R6�w <ssove • oa Ne,rmaw s.,. J., 0��5aw c en ,uccre�,i5«xsai c r. ,qty. 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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:December 4,2023 Time:9:00 a.m. Applicant: Nicandro and Maria Sanchez 10521 County Road 14.5 Fort Lupton,Colorado 80621-8907 Request:Partial Vacation of Two-Lot Recorded Exemption,RECX18-0086,for Removal of Lot B Legal Description:Lot B of Recorded Exemption,RECX18-0086;being part of the W1/2 NE1/4 of Section 35,Township 2 North,Range 67 West of the 6th P.M.,Weld County,Colorado Location:North of and adjacent to County Road 14.5;and 0.42 miles west of County Road 23 (see Legal Description for precise location) Board of County Commissioners Weld County,Colorado Dated:November 22,2023 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RECX18 -0086 Owner Address City State Zip DEBORAH HOWE 10709 COUNTY ROAD 14 . 5 FORT LUPTON CO 80621 -8939 NICANDRO AND MARIA SANCHEZ 10521 COUNTY ROAD 14 . 5 FORT LUPTON CO 80621 - 8907 ATTN : LYNNIE BERGLIN INTERMILL LAND SURVEYING , INC 1301 NORTH CLEVELAND AVENUE LOVELAND CO 80537 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the Notice, in accordance with the notification requirements of Weld County for Partial Vacation of Recorded Exemption , RECX18-0087 , in the United States Mail , postage prepaid First Class Mail as listed above . 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O r■�_ Of O o ✓ t� W U a. 0 ¢ o ¢ ¢ c�" s : "t� Z a — . `` N 0 kd Co : b55 PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions WELD COUNTY COLORADO LAND RECORDS 11/7/2023 AFFIDAVIT OF INTERESTED LAND OWNERS 11:27:25 AM SURFACE ESTATE 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. (iai 00(.07(i- !ill 23 Signature Date Property Owners Within 500 Feet of Parcel#131135100011 Account Parcel Owner Mailing Address R0289787 131126000015 PUBLIC SERVICE CO OF COLO TAX SERVICE DEPARTMENT PO BOX 1979 DENVER,CO 802011979 R8948333 131126300057 MILNES CRYSTAL LEE R8948333 131126300057 MILNES CODY R 7178 COUNTY ROAD 21 FORT LUPTON,CO 806218925 R8969141 131126400002 ESPINOZA BENITO R8969141 131126400002 ESPINOZA CARLINDA R8969141 131126400002 ESPINOZA CORI R8969141 131126400002 ESPINOZA LONNIE C R8969141 131126400002 ESPINOZA CRUZ 7003 COUNTY ROAD 23 FORT LUPTON,CO 806218917 R3484205 131126400036 WILLIAMS CARLOS Parcels: 16 Owner Records: 29 Page 1 of 5 WELD COUNTY COLORADO LAND RECORDS 11/7/2023 AFFIDAVIT OF INTERESTED LAND OWNERS 11:27:25 AM SURFACE ESTATE 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. d UJ Ql1,u� IC Signature 111123 Date Property Owners Within 500 Feet of Parcel#131135100011 Account Parcel Owner Mailing Address R3484205 131126400036 WILLIAMS JUSTINE 7135 COUNTY ROAD 23 FORT LUPTON,CO 806218917 R5568286 131135000003 BAJA BERG LLC 5901 COUNTY ROAD 21 FORT LUPTON,CO 806218932 R5568586 131135000049 ESPINOZA JOANN R R5568586 131135000049 ESPINOZA DONACIANO L 6865 COUNTY ROAD 23 FORT LUPTON,CO 806218915 R5569186 131135000052 ESPINOZA JOANN R R5569186 131135000052 ESPINOZA DONACIANO L 6865 COUNTY ROAD 23 FORT LUPTON,CO 806218915 R5569386 131135000064 TERRY PATRICIA L TRUST 1312 DENVER AVE FORT LUPTON,CO 806212638 R8072500 131135000088 MOENING KENNETH J 10451 COUNTY ROAD 14 1/2 FORT LUPTON,CO 806218907 R8959130 131135100010 HOWE DEBORAH M 10709 COUNTY ROAD 14 1/2 La FORT LUPTON,CO 806218939 Parcels: 16 Owner Records: 29 Page 2 of 5 WELD COUNTY COLORADO LAND RECORDS 11/7/2023 AFFIDAVIT OF INTERESTED LAND OWNERS 11:27:25 AM SURFACE ESTATE 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. v fah comae_ II Signature Date Property Owners Within 500 Feet of Parcel#131135100011 Account Parcel Owner Mailing Address R8959131 131135100011 SANCHEZ MARIA E 64" R8959131 131135100011 SANCHEZ NICANDRO 10521 COUNTY ROAD 14 1/2 l0--3 FORT LUPTON,CO 806218907 R8967962 131135100012 YOUNG HEATHER L R8967962 131135100012 YOUNG MATTHEW E 10813 COUNTY ROAD 14 1/2 FORT LUPTON,CO 806218939 R8967963 131135100013 YOUNG HEATHER L R8967963 131135100013 YOUNG MATTHEW E 10813 COUNTY ROAD 14 1/2 FORT LUPTON,CO 806218939 R2464203 131135101001 PHILLIPS KAREN LYNN R2464203 131135101001 PHILLIPS WAYNE JOHN 10967 BLUE SKY DR FORT LUPTON,CO 806218938 R3352705 131135200002 DOUBLED RANCH-NORTH LLC 10231 COUNTY ROAD 14 1/2 FORT LUPTON,CO 806218907 Parcels: 16 Owner Records: 29 Page 3 of 5 WELD COUNTY COLORADO LAND RECORDS 11/7/2023 AFFIDAVIT OF INTERESTED LAND OWNERS 11:27:26 AM SURFACE ESTATE 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. Cln W i t t( 1 z3 Signature Date Property Owners Within 500 Feet of Parcel#131135100011 Account Parcel Owner Mailing Address R4275706 131135400006 GRABRIAN SUE ANN R4275706 131135400006 GRABRIAN RONALD 6325 COUNTY ROAD 23 FORT LUPTON,CO 806218913 Parcels: 16 Owner Records: 29 Page 4 of 5 WELD COUNTY COLORADO LAND RECORDS 11 /7/2023 AFFIDAVIT OF INTERESTED LAND OWNERS 11 : 27 : 26 AM SURFACE ESTATE 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 . (Ja-n [A _)ctA (.6111 Signature 23 Date Property Owners Within 500 Feet of Parcel # 131135100011 may, _ — - _ --..-. - s TA, •' — „I r 1 * &re _ . i r k : tr w * a i i _-_----- - , -_. -7:1----- - : c -4rt - -- -=_- 4 - r, 4. • fia • , O Cl fie. _ to ��-y ,#• a g. . ” # L 1''at ' lit (bra" ,..‘ r ( , lib -o g 1 'A. ` t H it•' . ..- )— ,,r-1 .. gia I ' � - . 7 is i _. !., . . _ - --,„. I : . : • IIIP tan iv, 1r r ' f�', . 1. t� • 111/4-1--4) sanire.- C- 4 - - _ - IJ • .m 10. . . - 1 - -.. Jig. - • t+ . - . 4+ . — w. _ j1� r 1 . ' h ' ' li 1 ;„ .• 4 I 0 r 1 ' -vit:4- 1 , .. tAisa r` ` -�•—.ate.ie...,�.-r.-R , r-- rl -t ! ' '-• 10 t, • . .lig p c• , t• . .VAC ; C. "MI Mil J . j y �S yr 4. . , , iii- , • F - .; ..,.. ,i, F r ""�, r lQ r .,... ,. tk 4. II VrL IZ I " r`r1l - se 1 Parcels : 16 Owner Records : 29 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 Title of plat to be vacated:Recorded Exemption No.1311-35-04 RECX18-0086 S 35 T 2 R 67 ['Complete Vacation(must include all lots) ❑✓Partial Vacation(vacated lots must be over 35 acres each) List of lots to be vacated: Lot Parcel Number Acreage Affected Easements B 131135100011 70.99 None PROPERTY OWNER(S)(Attach additional sheets if necessary.) Name: Nicandro and Maria E.Sanchez Company: Phone#: 720.581.3695 Email: Street Address: 10521 County Road 14 1/2 City/State/Zip Code: Fort Lupton,CO 80621-8907 APPLICANT/AUTHORIZED AGENT(Authorization form must be included if there is an Authorized Agent.) Name: Lynnie Berglin Company: Intermill Land Surveying,Inc. Phone#: 970.669.0516 Email:lynn@intermill.net Street Address: 1301 North Cleveland Avenue City/State/Zip Code:Loveland,CO 80537 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. 08/14/2023 Signature:Owner or Authorized Agent Date Signature:Owner or Authorized Agent Date Lynnie Berglin Print Owner or Authorized Agent Print:Owner or Authorized Agent DEPARTMENTS OF PLANNING BUILDING,DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH ,) r r 1402 NORTH 17TH AVENUE r p PO BOX 758 GREELEY,CO 80632 AUTHORIZATION FORM I )We Nicandro and Maria E.Sanchez ,give permission to Lynnie Berglin/Intermill Land Survey,Inc. ( (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.131135100011 Legal Description:West Half of Section 35 ,Township 2 N,Range 67 W Subdivision Name:Recorded Exemption No.1311-35-04 RECX18-0086 Lot B Block Property Owners Information: Address:10521 County Road 14 1/2 720.581.3695 Phone: E-mail: Authorized Agent/Applicant Contact Information: Address:1301 North Cleveland Avenue 970.669.0516 lynn@intermill.net Phone: E-Mail: Correspondence to be sent to:Owner J1 Authorized Agent/Applicant_la by: Mail Email 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. a/14 Date '', 7/1?64 GM-- - �� Date S/7 ad,2, "-Oiriner Signature O er Signature' Subscribed and sworn to beore me this (9 1 day of ikkOVA* ,20 Cx' by N;caAndYo 0,Y\CI YY1ckv;o, . &xyAO SL2 . y My commission expires!a.OZKI a�p� V ,6,6....gt Notary Public SAMANTHA MAXINE HAFFNER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20204044845 My Commission Expires December 28,2024 4927557 Pages: 1 of 1 10/25/2023 12:19 PM R Fee:$13.00 D Fee:$0.00 Carly Koppes,Clerk and Recorder,Weld County,CO VIII kireMillkinfr:NINVIONYM1LxfiO lily Bill WHEN RECORDED RETURN TO: QUIT CLAIM DEED THIS DEED,Made this 10- -ZOZ 3 ,between Nicandro Sanchez and Maria E.Sanchez of the County of Weld and State of Colorado,grantor and Nicandro Sanchez and Maria E.Sanchez,whose legal address is 10521 County Road 14 1/2,Fort Lupton,CO 80621 of the County of Weld and State of Colorado,grantee: WITNESSETH,that the grantor,for and in consideration of the sum of TEN AND NO/100 DOLLARS($10.00), the receipt and sufficiency of which is hereby acknowledged,has remised,released,sold,conveyed and QUIT CLAIMED,and by these presents does remise,release,sell,convey and QUIT CLAIM unto the grantee,his heirs, successors and assigns,forever,not in tenancy in common but in joint tenancy,all the right,title,interest,claim and demand which the grantor has in and to the real property,together with improvements,if any,situate,lying and being in the County of Weld and State of Colorado,described as follows: Lot B of Recorded Exemption No.1311-35-04-RECX18-0086,recorded January 31,2019,at Reception No.4463635, County of Weld, State of Colorado Also known by street and number as:10521 County Road 14'/2,Fort Lupton,CO 80621 TO HAVE AND TO HOLD the same,together with all and singular hereditaments and appurtenances thereto belonging,or in anywise thereunto appertaining and the reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,title,interest,claim and demand whatsoever of the Grantor,either in law or equity,to the only proper use,benefit and behalf of the Grantee,his heirs and assigns forever except general taxes for the current year and subsequent years,and except easements,covenants,reservations,restrictions,and right of way,if any,of record. The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN WITNESS WHE OF,T e grgrran or has executed this deed on the date set forth above. N 7dro Sanchez M ria E.Sanchez State of Cf40 i tf County ofA4.411/4/) The foregoing instrument was acknowledged to before me this �"26Z-^ by Nicandro Sanchez and Maria E.Sanchez. /1 Witness my hand and official seal. My commission expires: Notary c {, t , \ WEST PARCEL A Parcel of land located in the West Half of the Northeast Quarter of Section 35, Township 2 North,Range 67 West of the Sixth Principal Meridian,County of Weld, State of Colorado,being more particularly described as follows: Considering the West line of the Northeast Quarter of said Section 35 as bearing North 00°03'14"West and with all bearings contained herein relative thereto: BEGINNING at the North Quarter Corner of said Section 35;thence along the North line of the Northeast Quarter of Section 35 South 89°44'22"East 605.31 feet; Thence departing said North line South 00°15'38"West 2423.06 feet to a point on the Northwesterly line of Lot A,Recorded Exemption No.1311-35-04 RECX18-0086 as recorded January 31,2019,under Reception No.4463635 in the Real Property Records of the Weld County Clerk and Recorder's Office; Thence along said Northwesterly line of Lot A South 51°43'30"West 223.25 feet and again South 00°03'39"West 75.19 feet to the South line of the Northeast Quarter of Section 35; Thence along said South line of the Northeast Quarter of Section 35 North 89°56'21" West 416.46 feet to a point on the West line of said Northeast Quarter of Section 35; Thence along said West line of the Northeast Quarter of Section 35 North 00°03'14" West 2638.83 feet to the TRUE POINT OF BEGINNING. Said parcel contains 35.64 acres,more or less,and is subject to all existing easements and/or rights of way of record. EAST PARCEL A Parcel of land located in the West Half of the Northeast Quarter of Section 35, Township 2 North,Range 67 West of the Sixth Principal Meridian,County of Weld, State of Colorado,being more particularly described as follows: Considering the West line of the Northeast Quarter of said Section 35 as bearing North 00°03'14"West and with all bearings contained herein relative thereto: COMMENCING at the North Quarter Corner of said Section 35;thence along the North line of the Northeast Quarter of Section 35 South 89°44'22"East 605.31 feet to the TRUE POINT OF BEGINNING; Thence continuing along said North line of the Northeast Quarter of Section 35 South 89°44'22"East 712.31 feet to a point on the East line of the West Half of said Section 35; Thence along said East line South 00°03'20"East 1948.18 feet to a point on the Northwesterly line of Lot A,Recorded Exemption No.1311-35-04 RECX18-0086 as recorded January 31,2019,under Reception No.4463635 in the Real Property Records of the Weld County Clerk and Recorder's Office; Thence along said Northwesterly line of Lot A South 65°55'26"West 256.12 feet and again South 53°18'55"West 582.35 feet and again South 51°43'30"West 31.04 feet; Thence departing said Northwesterly Line of Lot A North 00°15'38"East 2423.06 feet to the TRUE POINT OF BEGINNING. Said parcel contains 35.64 acres,more or less,and is subject to all existing easements and/or rights of way of record. i86i de Enk DEPARTMENT OF PLANNING SERVICES ` latal RECORDED EXEMPTION J ADMINISTRATIVE REVIEW ' -_GOON TY Applicant : Nicandro and Maria Sanchez RECX18-0086 Planner: Jim Flesher Legal The W2 of the NE4 of Section 35 , T2N , R67W of the 6th P . M . , Weld County , CO Description : Parcel ID # : 1311 - 35-0- 00- 084 Lot A Size : +/- 7 acres Lot B Size : +/- 73 acres Water Source : Lot A : Proposed CWCWD Tap Sewer Lot A : Proposed Septic Lot B : Existing Well Permit # 114234-A System : Lot B : Existing Septic ( no permit) 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. Narrative The proposed Recorded Exemption proposes to split the west half of the northeast quarter of Section 35 , T2N , R67W, into two lots . Approved 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 . If residences or structures requiring water and sewer are constructed for proposed Lot Al Weld County Septic Permits are required for septic systems and shall be installed according to the Weld County On- site Wastewater Treatment System Regulations . 2 . Prior to recording the plat : A. All septic systems located on the property shall have appropriate documentation/permits from the Weld County Department of Public Health & Environment . The Environmental Health Division of the Weld County Department of Public Health & Environment was unable to locate a septic permit for the septic system located on the lot B of this application . Any existing septic system which is not currently permitted through the Weld County Department of Public Health & Environment will require a Statement of Existing Evaluation prior to the issuance of the required documentation . In the event the system is found to be inadequate , the system must be brought into compliance with current regulations . RECX18-0086 Page 1 of 5 B. The applicant shall address the requirements of School District RE-8,as stated in the referral response dated June 18,2018.Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. C. The applicant shall address the requirements of the Colorado Division of Water Resources, as stated in the referral response dated July 16,2018.Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. D. Lot A shall comply with the one(1)acre net minimum lot size required by Section 24-8-40.L of the Weld County Code.Net acreage calculations should not include future road right-of- way. E. Lot A shall comply with the less than thirty-five(35)acre maximum gross lot size required by Section 24-8-10.B of the Weld County Code. F. Lot B shall comply with the thirty-five(35)acre net minimum lot size required by Section 24- 8-40.P.of the Weld County Code.Net acreage calculations should not include future road right-of-way. G. 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.1311-35-04 RECX18-0086. B. County Road 14.5 is a gravel road and is designated on the Weld County Functional Classification Map(Code Ordinance 2017-01)as a(n)local road,which requires 60 feet of right-of-way.The applicant shall delineate on the site map or plat the existing right-of-way and the physical location of the road.If the right-of-way cannot be verified it shall be dedicated.Be aware that physical roadways may not be centered in the right-of-way.This road is maintained by Weld County. C. County Road 23 is a paved road and is designated on the Weld County Functional Classification Map(Code Ordinance 2017-01)as a(n)collector road,which requires 80 feet of right-of-way.The applicant shall delineate on the site map or plat the future and existing right-of-way and the physical location of the road.If the existing right-of-way cannot be verified it shall be dedicated.Be aware that physical roadways may not be centered in the right-of- way.This road is maintained by Weld County. D. County Road 16 is a section line road.Section line right-of-way does not exist in all sections in Weld County and should be verified before a decision to utilize it is made.Weld County commonly refers to these locations as"Non-Maintained Section Line Right-of-Way."The existence of a physical road does not imply public right-of-way and the road may be located on private property.All right-of-way should be verified and physical roads located in relationship to the public right-of-way to ensure trespassing does not occur.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 site plan or plat.The applicant shall delineate on the site map or plat the existing right-of-way and physical location of existing or proposed roads.If the right-of-way cannot be verified it shall be dedicated or an adequate easement between property owners shall be provided.Be aware the physical roadway(s)may not be centered in the right-of-way.This road is NOT maintained by Weld County.Show and label the section line right-of-way as"CR 16 SECTION LINE RIGHT-OF-WAY,NOT COUNTY MAINTAINED." E. Show and label the preliminarily approved access point(s)and the usage types. 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. G. All recorded easements and rights-of-way shall be delineated on the plat by book and page number or reception number. 4. The following notes shall be placed on the plat: RECX18-0086 Page 2 of 5 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 2012 International Building Code,shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead or within a 25-foot radius of any plugged or abandoned oil and gas well.Any construction within a 200- foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10.C of this Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) 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) The largest lot of any recorded exemption may not be less than thirty-five(35)acres net unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40.P. of the Weld County Code. 5) 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. 6) Prior to the release of building permits for Lot A,the applicant shall submit evidence to the Department of Planning Services that the lot has an adequate water supply of sufficient quality, quantity and dependability. 7) 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. 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- 3-20.6.13 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. 9) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee Program. 10) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee Programs. 11) 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. 12) 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. 13) 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. 14) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. 15) 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. RECX18-0086 Page 3 of 5 16) The property owner shall control noxious weeds on the site. 17) The historical flow patterns and runoff amounts will be maintained on the site. 18) 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. 19) 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 RECX18-0086 Page 4 of 5 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 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. 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 shall 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 format is a projected ESRI shapefile(.shp,.shx,.dbf,.prj)with a defined coordinate system(i.e.,NAD 1983 UTM Zone 13N,WGS 1984,NAD 1983 HARN State Plane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us. 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. By: Date:7/23/2018 Jim Flesher,Long-Range Planner RECX18-0086 Page 5 of 5 Hello