HomeMy WebLinkAbout20230439.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION OF TWO -LOT LOT LINE ADJUSTMENT,
LLA22-0027, FOR REMOVAL OF LOT B - JAMES R. CLARK REVOCABLE TRUST,
C/O HALDEN CLARK
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 August 20, 2012, the Department of Planning Services approved
Three -Lot Recorded Exemption, RECX12-0075, and
WHEREAS, on August 30, 2022, the Department of Planning Services, approved Two -Lot
Lot Line Adjustment, LLA22-0027, of Recorded Exemption, RECX12-0075, and
WHEREAS, the Board has received a request from the current property owners,
James R. Clark Revocable Trust, 2170 Hemlock Avenue, Greeley, Colorado 80634,
do Halden Clark, 211 West Ash Street, Sutton, Nebraska 68979, represented by Lat40, Inc.,
Jason Allee, 6250 West 10th Street, Unit 2, Greeley, Colorado 80634, to vacate Lot B of Lot Line
Adjustment, LLA22-0027, located on the following described real estate, to wit:
Lot B of Two -Lot Lot Line Adjustment, LLA22-0027;
being part of the E1/2 of Section 14, Township 5
North, Range 65 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 James R. Clark Revocable Trust, do Halden Clark, for
Partial Vacation of Two -Lot, Lot Line Adjustment, LLA22-0027, of Recorded Exemption,
RECX12-0075, 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
4883426 Pages: 1 of 2 Cc:PL(TPMJ/DA), APR..,
02/24/2023 02:26 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO AFri_ .REP.
III 02/2v2-3
2023-0439
RECX12-0075
PARTIAL VACATION OF TWO -LOT, LOT LINE ADJUSTMENT, LLA22-0027, FOR REMOVAL
OF LOT B - JAMES R. CLARK REVOCABLE TRUST, C/O HALDEN CLARK
PAGE 2
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of February, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dith,,0
Weld County Clerk to the Board
BY:
Mik an, Chair
Perry L. BucPro-Tem
SCi5tt K. James
APP' i)' ED AS,-%r� R J a ...�,. �� XCUSED
ounty A orney
Date of signature: 02/17
4883426 Pages: 2 of 2
02/24/2023 02:28 PM R Fee:$0.00
ca -1y Koppes, clerk and R®corder, Weld county , c0
VIII �k�11� 'I I����II�KrK l�4� f�rw �l iY�Jti "III
evin D. Ross
Lori Saine
2023-0439
RECX12-0075
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
TO: Weld County Board of County Commissioners
FROM: Diana Aungst, Planner II
SUBJECT: Vacation of Lot B of Lot Line Adjustment LLA22-0027
HEARING DATE: TBD
APPLICANT/OWNER: James R. Clark Revocable Trust c/o Halden Clark
LEGAL Lot B of Lot Line Adjustment LLA22-0027, being a part of the E2 of Section 14,
DESCRIPTION: T5N, R65W of the 6. P.M., Weld County, Colorado
LOCATION: East of and adjacent to CR 45.5 (Hemlock Ave), south of and adjacent to CR 58
Section line, approximately 0.25 miles north of US 34
PARCEL SIZE: +/- 131.28 acres
ZONE DISTRICT: A (Agricultural)
NARRATIVE:
PARCEL #: 0961-14-1-00-014
On December 5, 2022, the Department of Planning Services received the attached vacation request letter
signed by Mr. Halden Clark as Trustee for the James R. Clark Revocable Trust requesting a partial vacation
of the plat of Lot Line Adjustment LLA22-0027, recorded December 1, 2022, under reception #4869689 to
vacate Lot B.
Lots A and B of this LLA are owned by James R. Clark Revocable Trust c/o Halden Clark and both
properties have access to Hemlock Avenue. Notice to the property owner of Lot A of Lot Line Adjustment
LLA22-0027 is not necessary as it is the same owner as Lot B of Lot Line Adjustment LLA22-0027, the
subject property.
The resulting parcel will be larger than thirty-five (35) acres.
A draft vacation plat is also attached and requires minor revisions prior to recording. A metes and bounds
description for the lot to be vacated has been included on the draft vacation plat.
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.
2023-0439
1113
LLA22-0027
Page 1 of 2
i to IZ-00'15
Section 24-11-50.B of the Weld County Code, states, in part, "Partial vacations 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 lots withing the same plat." and "Lots created by a plat that has been approved by
the County pursuant to Article X of this Chapter 24, Lot Line Adjustments, may be eligible for vacation if
they were originally created by exemption plat."
The Department of Planning Services staff has reviewed this request and recommends that this request be
approved for the following reasons:
1. No property will be left without access to a public road right of -way as a result of the vacation.
2. No property resulting from the vacation will continue to use any access across any other lots within
the exemption plat.
3. No existing easements are affected by this vacation of Lot B of LLA22-0027.
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.
LLA22-0027
Page 2 of 2
VACATION REQUEST LETTER
Attention: Department of Planning Services
The purpose of this Vacation Plat of Lot B of Lot Line Adjustment LLA22-0027,
is to remove the large lot from the LLA and except a 44 Acre tract out of the remainder. There
are a four plugged and abandoned wells on the Vacated parcel. There are no easements or rights -
of -way that will be affected.
The James R. Clark Revocable Trust c/o Halden Clark
James R Clark Revocable Trust
2170 Hemlock Avenue
Greeley, Colorado 80631
Halden Clark
211 West Ash Street
Sutton, Nebraska 68979
VACATION OF LOT B OF LOT LINE ADJUSTMENT LLA22-0027
Part of the East Half of Section 14, Township 5 North, Range 65 West of the 6th P M., County of Weld, State of Colorado
PROPLRIT O(SCRIP'ION COWNI Nl
lot 8. lnl LW Adjustment 1tA72-0077 recrsd al Reception No .axes, the records of the vela reunl,
Cat one Reca.der, bong n part at the (at Holt (( I/2) al Section ra...b.n (14), to.nn,p I .. North (' SN ). ROng. S,.ty-t6.. OHO (R fate ) Pt
the SmIN PrOicato Meehan (Ith PM), County of Mod. Stale o1 Colorado
PROPERTY DI SCRIPflON - moPOc.En,
Ar o.ea el taro be,nq 0 parlor. at the Nett Nan of the tint Nutt (»1/211/?) and the Sc,Aheaet Ounar. of the Northam! Ouster (SEI/'NEt/4)
of Secldn /owls (14) Taensn.p rue *pith (1 5N) Range Sixty -Ise Mall (R 635) of the Srslh Principe' Striamn (6th P 4) County or We'd
Stall, el Colorado lasting more 001.culafy d►acribea Os towhee
COMMENCING of the North Paris. Cower al S4ct.on 14 and onum,ne the Heath ,ae et the Hormonal Owortr (N( 1/4) of rod Sefton '• in
monumMaed be 0 16 tabs fee a 37S. Olum,nu.n core (S 7242 at the best end and by a 2504rminum cop LS at the feet end OS bnn,nq
North 5051 774 est floes a Gee Beeonq of Ins Cw'o..uo Slate Plots Coordrnst. System. Nonb Iona. Nash Aman car. Datum Ilia/ (7011), a
uotuttca ul 1936 30 teat sib all otter beatings COnt004/1d term ylWee tMralo.
tn. knew d,manson• es contained Munn are Dosed upon thy U S Surlier fool
THENCE South 002337' East mono the test line of the Northern,' Pants of the Northeast Quarter (1011/41411/0) a' .0,0 Section 14 0 aielanca
or 87607 feet to Ins POIN1 d B(GINNINC.
1rd NC( North 691930' lest o aware' of 79105 tern.
1N(NC( North 6907.30' Ear a amino al 213 M fat
THENCE Nortr. 61•47.7Y East a district of 599 feel
THENCE Werth 9W12.19. Coat a detente of 344.92 ter
THENCE North 4W20'02' East a distance al 13566 Int.
THENCE Werth 4701.41' E• ast o distance al 9642 feel la tea Host line of the 1691/4141/4 al tae Section 14,
THENCE South 00)605- East along sod East One o distance of 665 99 tart to the Northeast Sntenth Cotner of Section 14.
THENCE Nrih 6921.05 (• eel *tong the North In. el the Southeast 0,.ar!.' of the Northeast Cheerier (S(I/4NI1/4) of Seaton 1e a 4a1once of
132335 Ter to the NMnn Snuentn Caner o1 Section 14;
1H(NCI South 01'00.OS' Lest along the Est we or sad St1/4Nt1/4 o Oman(. o, 131493 reel to the Eael Quarter caner of Soeton 14;
THENCE South 6954.57- West along the South ens d said SC'/em './4 a distance of 1330 D0 Is.1 to the Center Cost Sa.tnnth COMM a4 Saban
$4;
t)ENC( South 0037 D7' Cost *tang Ira Coat ehe of TM Northeast Quartet of the Southeast Osorlat (NMI/4S0/4) of Saban 14 a oolonce of
1334 44 feet to the Southern SNleenln cone/ of Section 14,
DENC( South 9'00'57- Vint rung Ile South nno at see NM1/45(1/4 0 ostolce of 1327 06 Wel to the Canter Swath S,.1..nln tons of Setken
14.
114NCE North 0046'47' Mete slung the Vint ens et 54,4 sal/451.1/4 a a.hrVt t 1143 IS fret to Dv Southeastern), coiner at tut A of
Corrected Recorded (.smplon Na (901-14-01 R(CK12-D07S recorded MOy 23. 20:3 al Resettle... N• 3934622 .dn:n the recois el Weld COunly,
pea Wen. IN So.rlheny. tetaf7 ants Nofthery IN4 of tied tot A the tab. .ng lee (5) cairns and defences
TMNCL South 64'1009' Cost o dustonc. or 331 II fesl.
!tint( North 1976'05' Est a °stone. al 314 63 Teel.
11*110E Merit, 7752'40' West a Oslance of 40612 feel to the East net-ot--.IS Ems of Ner.Hec. Arens.
THENCE Noah 0070'52' *cal along Sod Toil right -d-coy here a 0otance at 31.32 We
1HENCE South 5941 48" *eel a distance of 7000 lest to the West brio 01 the N(1/4 at oar Section 14 one to Die Southwesterly carry' al col 9
of gob Corrected RCCs12-0075.
Thence Wens the Easterly one Noun laws of Mm Lal B the foilas,ng Iau' (4) courses and distances
1HENCC North 473Ri'J' Esl a distance of 26293 fen.
1HENC( North IF57336' East a dstance el :6969 feet,
Tu.ENCE North 0X04.51' Est a distance at 33523 lot.
THENCE South 6039.0E lint o distance of 24991 teen to the lest Ana of Inc N(1/4 al use Section 14.
11EPCE Werth 0720'S?' test along sod Meet tree d deltance of 53592 ter to the Crain North S,.teenth corn.. et Sorban '4
THENCE North 002))7' Wail cant.nury Wens toe ant 'ow a dietetics of 45603 let to the POINT 01 BEGINNING
Sod ►51(51 contains 13136 Acreo (15.719,655 se It ) more et Nee (•/-) and A Suplect to tier rignte-a-soy or other easements al recoil as
ntha waling so sae sstnb.a pans of Nona
!UMPIRE(.ikettaititaltiaa
Me The Jame. Ti. Clan Resocabt. Twat, the eadersgse0, berg the sae Derv;
the lane °.onion 0101 of record, non facogmrsd OS an rnplalttd tract Of bnd
Ise
The Joins; Ti Cloy Revocable Trust c/o “olds" Claih
Stale of Colorado)
)c.
County at Werd )
Ilse foregoing c.tt:tcat.on .0s ucanoatiord
My commission empires
ldnWY 57 Nona and Sew
al tna abuts sacnped property, as te.abr wosare
Wore r Ins goy of A.D . 20
Notary Public
'tC AtEC. aL�Qptcty rnsMicc to RS. ApPROYAt
this Vacation Plot s opp•oved by the Boora of County Commissioners of Sec County. Stale of Colorado.
Witness my nano and the Lorpofate Seat of Wed County MS day DI
CHAS, BOARD CO COUNTY COMMISSIONERS
AR(SI
*eta County Ce'• to the Opole
Rt
.poly tort to In. Roo•P Doti
!JILL. gObSilitEN1 •oa
20
This sway doss not const lute a lily Naren by 10140. in. to ntrmme a.nership or easement; al tecru tai oil information regarding
. olaments, fights -of- may and tills 01 'scolds. L0140 Inc trete upon Al TA Commitment Number 1889878. adn a commitment dole at
Apr. 21, 2022 et 4.58 Psbe pinor.. by Sliest Me Guaranty Camper" to delineate the toeawd ',detonation
Q-RYEVOR'S NQl
1 BASIS CO BEARINGS AND LINEAL UNIT EXMOOR
Assuming Int NOW, line DI the Nrth0oal Quarter al Section fourteen (14). t*.nrn* Frye North If SN.
the Sean Pv,ncro5 Merr°an (61h P M ) as monumental try o 16 rebat .4h a 3.25' mum.num cap tS
a 2 S'otumulwn cop LS 25385 at the lost end. as beanng North 89'58'77- East being a Gds Bering
Coot¬e System North Zane. North Amencon Datum 1983 (2011). a distance of 2636 30 feet roan
relative Thereto
the weal dimensions a• contained 'wren we lased upon the 17.S Survey rout'
2 tot.. Sr.eyed Area 131 28 Aces (3 5318,655 sq It )
3
• . Net acreage s •.•:Wang any
relaltee County Redd rght -el-soy delineated w epoch pater
). Range Sixty- the West (9.655 ) of
7247 at the treat end o'd by
of the Caorada Store P'001
on other beO',ngs contomta Stich
4 According to Cobra00 as. yes must tommence any ess action bated upon any delft P thug MINIS 001141 The et years eller you
& scout. such defect fn no reenl, may any action booed upon any defect in Ilya survey as carnmtnced Tots than ton port otter the
dale of Phi tertdteate shoan hreon. ( 1) - 80. 105 C N S )
VICINITY MAP
SCALE - 1'.1000
LEGEND
GIS PARCELS
SUBJECT PROPERIt
CREELEs IAUNICIPAL twllS
KERSEv MUNICIPM UMTs
Lat40', Inc.
Professional Land Surveyors
6250 W 10th Street, Unit 2
Greeley, CO 80634
O: 970-515-5294
DATE
9/13/2022
REVISIONS:
IfitE NAME
2022053VAC
IDRAWN By
MW
DATE.
nECKED HI
JSA
SCA.
AS NOTED
PFU4 C- t
2022053
VACATION PLAT
C/O HALDEN CLARK
JAMES R CLARK REV. TRUST
2390 HEMLOCK AVENUE
GREELEY. COLORADO 80631
1
st•+EET 1 or 2
VACATION OF LOT B OF LOT
LINE ADJUSTMENT LLA22-0027
Part of the East Half of Section 14, Township 5 North, Range 65 West
of the 6th P.M., County of Weld, State of Colorado
0
200
400
600
SCALE - 1'9200'
LEGEND
FENCE LIME
LOP OF BANK
APPROMMATE EDGE Of WATER
SECTION UNE
EASING EASEMENT LINE
RICHT -Of -WAY UME
BOUNOU It LINE
ADJACENT LOT LINE
fLOOD 7011E DELINCATCN
DUPING TrUBIJC ROADWAY
COMIC PRIVATE ROADWAY
CONCRETE
S
•
•
•
O
FOUND AL0001 CORNER AS DESCRIBED
FOUND WITNCSS CORNER AS DESCRIBED
FOUND MONUMENT AS DESCRIBED
SET 74. Or 04 REBAR WITH A Pax
PLASTIC CAP STAMPED tAT40. LS 30479
CALCULATED POSIION
O EXOTIC TILL
O Putt= O t ABANDOtdD SCU
✓
GATE
IThCarANCIRgran
II
5 64'1009 E331699
12
N 19'26'O5" E
314.63'
L3
N 70'52'40' W
409.06'
14
N OO'22'15` W
32.33'
15
5 89.41'45• w
20.03'
16
N 42'39'13" E
262.92'
L7
N 16.57'36' E
169 89'
L8
N 03'04'51' E
335 23'
19
S 89'39'08 W
249 91`
L1O
N 69'12'19' E
150.71
111
N 49'20'02" E
135.68'
L12
N 42'01'41 E
96.42'
rq,r. girl p use
a
AMT MHJ71Ml.F
L5
a
•
I(11
KIPS #6 llaAa am
to' SC it MO
taay M Q•M SIN
•.0. 4PC is Ufa(
CO M tl n Ca=
Sie now
Halt ALAS
p s a
ACAP . LI 101114
DETAIL A
SCALE -. n'"50'
SA.N 2 of 2
JOWL S AMea-On ANSI 01 Lo140'. Inc.
Colorado l canaad Prolesatorsol
Land Surv.mtlr Na 38419
3
Y
Y
4
8
aunt -worm IIIIttMM
KctOr ••. to
rats 0 USIA
*ASS CM
l,e 4a -
Leff t ft tllal7
'\N • rant
Jr' snot lewv-0•-rr N 6912'19' E 144.92'
AT'L»Ar A. arms N 81'47'22' E 5.9W
- N 88'19'3O" E 797.05' - - -
BASIS CO BEARINGS: NMSR22- C 2636.30'
N 42'01'41' E 96.42'x/
N 49'20'02' E 135.88'
POINT W BEONNING
O in.%TOP
wa,» au.11 DOa1ts
11.0101 14. 4. I% tIN- x044
roMao/t OW elm an
NItWe Ocar U llU
II
•
•
I
S 89.39'08- W 249.91'1
II ;I I
N 03'04'51' E 335.23'
I to.
1
Ir
1a' •041 -a -Ml MITI
a•ee N01 It N1/ 0
aIU arlt I SP
'I '
N 16.57`36" E 169.89'
•mil
•
W Munn
arse -a -a'
N 42'39'13" E 282.92'
Mrs. girl p as
Ill YtM A MOs IMO ANA ----al
1.441 :4111 NM f 443
Willi WAN= 004444
Knot N. I M I ails
flue p KIM of I»'
suss CAM is la
's.ss p as SM
I p.K a 7714'
a
a
i
a
Y
r
V
4.4
W ti
se" \
,r
\
Cr M —a n it -O -•1r pat "
C's Ar IPSO; \
\ \
tit a.fYo a wt•AOOKp Iu ars
NA NW MAO, OW JJ-J- 'Ut /,MINI/
'0
/
/
f
I
N 88'07'30" E 213.66'
-h omits WIMP -
twig girt N It...
'01.0 is KIM 1114•
10• Sc is wont
JO' SAO ail►a
al*IPIOAWCP aAaarM,
CPS a SAW
w arn'N' I 111384.
(MI WISH). aaa
attlal 14lMI. tale
10100 /a NUM NINta I I'
0411.1•1011 W Lt ISIPS
8S.
en
rOaII4Yt 5111000 Cal14J
Utter it tin. sail
001.141 s WWI flan*
MISS CAP IS 71x11
.I�
Ia'/WPM I.MMaVI/D alt sae JM� o.,
ors a,0 asaIP artJJ-J• Alf Urn)
tut ILI1A_-0027
t'AlaMf W
xn•WM 20;1 \\\.\.y1Fr Mn
4l.rrrr.r.. »f Weld
J .trnr. !1:11..1
7.104.16.,:e•
eelt (.4.11 r
J7' aallrV l MAIf01_Y Wu USA
Ai alma tans CM AP -J- .VI OW)
rats p ii0M et'
1Ir .K is 51141
lase N tla
POUND N MA Si"
• 0- .PC tt Mgt
L2
N '04°93
0 ;°Ele
b
:car "'Prat awi
P
lane .4 .{•A. its
•0. 44C as 3744'
s aas.ar • 'SSW
rage 04 al
10- 'Pt U
Amp,.- u7
1/47
'i
-sfs 'Pitts ax1Nti-
'O Ite alas salt..
137 IflN1N COe[.
=nom N- /Ia Lae•
'c.. p5 OUP POP 20"
Nano [AP it VIP
-CYCMAtto •t-.
C1aNl lair. NIUaM Cana
goo. t• 114. alai
-41- UMW CaatAa-
10 1HE WMx. tOOM
WARtIM COM O
KC eat w. BIM. aa•
Iasi p/a usia PIN 7 s'
MASSSAO CAD if MK:
izr
1DIM OUNIII. 00
Kto C111 fIP, 41,!44
raAp OPAL 0114 A, OPS714 M 2 1Y
Yta.aAt CAP is .1467
S 89'00'57" W 1327.06'
./
Santa, 5111.0. COeO*
Kcler •4 I IA . A sea
Alth
I,14ND p al CAP 111
Nt. 0 CAP a I/011•4'SN
N 89`21'05' E 1323.35'
D'seen AOW-O--r IAr1LYl
MP Asaharail A anaxrar a'
'-ad.a-Sr tat.VS, MO 1V
e/. a -Sr drat
War r aura
a At4aa !Axle', lre pat,
at abet a' Attire I4IWII
ND MOCO1er .a- M•
trial a► rsA lM
----liN, 4011041 Call
MEW* N. I IN a 0a
1a►p /a ata es n'
Y.4..is CAP la 1f1.'
reels MN1rM Carl.
1CCtON 14. 1441. a.OM.
1 at1p A MS/ PM 3»'
4Na/I M CAP 411 are.,
a flapA AAtnra'r,t rail J. � lt� s 1 \\ 1
AV 420 aelrOxr.t)--o//nM/ �[ / ga.11\
%te't V
Ilk_f1
ail n-IAtt IUIU11 woo
Weave I to spa
f eta. p Ka Nos Is'
YIra m CAP If ION,
M'I
C
`1
Ai -o-•°4+ \ i 1
S 88'54'52' w 1330.90' tat, a,MRt. A COM
Itclet 14. 11.1. Ina
rasa p Issas sib's n•
It ISMS CAP if 'aaa
lWOW' . Maaar 40 7- not j:a I
V
//
sails 01U111MCMaO
KcleN •• ,.r. iMs
IauW p MPS PP Is•
N W M1t CAP is 2037
1
/
to
a
tw
11
III
11
I11
111
Lot4O', Inc.
Professional Lond Surveyors
625O W. 1Oth Street, Unit 2
Greeley, CO 80634
O: 970-515-5294
DA IL
9/13/2022
lit HAIM
2O22O53VAC
I DRAWS air
MW
I CHICOID et
SA
[WAIL
AS NOTED
PROjj C
2022053
REVISIONS:
DATE_
VACATION PLAT
C/0 HALDEN CLARK
JAMES R CLARK REV. TRUST
2390 HEMLOCK AVENUE
GREELEY, COLORADO 80631
SHEET 2 OF 2
LOT LINE ADJUSTMENT No. LLA22-0027
Part of the East Half of Section 14, Township 5 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado
cwxxa, « sw<.,.. ,....P„.> s w.,�. °°°�'."'� »�manixww�erx:. e°".,,m a xn v,i. a ux..ao.
et,
0IaM�P M CPucK
rc0�.x �,vm
sumvm'a�eun0m
VI yINITY MAP
Lat40', Inc
Professonai Lund Surveyors
. 620 W 'Uth Street, Unit 2
__, Greeley, CO 80634
0: 970-575-5294
I...I..... ....II."
OrlIffo O. of
w�iau�aw°�w wntr"�Gscw�-e�ia °, m< w a rnn.ue,u". mvm,.n. w .+asM<.w, n,M uMtr un,w oiA.m.
n,a030 0r
,° aan.s,m �,� row ,a wunwa xmq a,n"n,a t. uw vr„wa n,q,�y w <a.mx,. a x<
000»,00
m w„...ww.<a t000an w. wss.0.. u.f. xm.s
� ,0xrtaw wx. wn
10}.10. 0v0u�+.0
,ni.nl. smnou
,<„
0. 8/13/20 In`iR04203JLLA Im.w. JA IaFdmL �� ,S NO3FD tOStW3
LOT LINE ADJUSTMENT
nix C/0 HALDEN CLARK 1
— --- JAMES R CLARK REV. 1RUST
CREELEY, COLORADO 80631 g�EET , Or 3
aur
iiiiilltui n'arnN u u t
LOT LINE ADJUSTMENT No. LLA22-0027
Part of the East Half of Section 14, Township 5 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado
LEGEND
_--'9T999. 019T,
E
N '605 1.81
109.08
I S.S
91 E
9 889'3408 09 ' w
0 I N99
1 1301 1� E
2991
47,
oon.w.u� �N 8998'2)' E B /Twfe o4°� ,
J II\\
5 099,
/
1j
Vii, at
v +C'.4,„
NW)nmlMl•)
r(
SEE SHEET 3OF3
Lat40., Inc.
Professional Land Surveyors
Ottli 6250 W. 10th Street, Unit 2
Greeey, CO 80634
0: 970-15-524
oni Y/tJ/M3] I�R022083LLA Imuw e.�
IprQmJBn I K NOTED
LOT LINE ADJUSTMENT
C/O HALOEN CLARK
JAMES R CLARK REV. TRUST
2390 XTrR AVENUE
4YtE0.EY. COLORADO 80831
�maw3
2
SHEET 3
. P�N7. NN4MIPY,S1liRMMIt1Y1YY.61
LOT LINE ADJUSTMENT No. LLA22-0027
Part of the East Half of Section 14, Township 5 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado
50
LEGEND
L11
OB
fi „-e1'JYiJ' E -361 9Y
i 16'51 }6" E 109.09'
0}
D�TAFL�A
91
U'03"E At;
96 11.
Lat40', Inc.
Professronal Land Surveyors RENAONS DAa:
62 S0 W. 10th street, Unit LOT LINE ADJUSTMENT
Greeley. CO 80n34 JAMES RD HCL RK REVfl TRUS7
o. J /Q CST, - 5N 2390 HEMLOON ALENUE
GREELEY, COLORADO 80631 y1EEr 3 or J
SEE SHEET OF
"9/13/9019 1"2011D33LLI. louxn A I cx[utn5A S MOOD "'TOL.)
�IR� 6'YhYJiAi�'171uCYN Y4I.A�SYMY1lhM11Nd �IPI
RECORDED EXEMPTION No. 0961-14-01 RECX12-0075
PATHE EAST HALF OF SECTION 14, TOWNSHIP 5 NORTH,
RANGE 75",„,°TSOF THE 6th PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO
c'5' ryh / NLIRTII I.ME Nf THE NURTIIIVI ST I/d OT SE('.. 10 n�'. xii
LEGAL DESCRIPiIOry
--- — — Cxl h—oaS}I6, BAnv a ee H R IE sNre
or colo.oee. romn Ip SaRpnM1, Range 65 weer er a p cal ueneian, County er we 5
apll Ir ally nlM1el rM1�
of IM Sale°or Lelowae, SlarernBaa
lel LaM Su y and WaIE County
xon L. okpemmkn L.s. s]oar
sae xad soli ozz er all.. rave. oaw., uc.
(Rn VEatVoaRix Alat rout s_
1.0
9° ?0'54"E 1}2}
m Iry• laun'nµ, �el-w°. Pm. °ninnw el •gwex In Nu w«a ceunry cqe. Me mu ne rrorx e
o.<.] er W. wua cwnry
m °Ioeo5ie aspic a°
mere :e
eerap°a, a �r rl ,,.•,. k u« I. "a c xn. ro ..n.xm xen ene n.aew.°ilr W.nnn... 'rm.m
waeeaa w.s l•.... cners..*� - y°nl. R,x. laie ni.'�. �n°u. l°.d.u° .I r•�I�win. skr.
- / I 1 I / � mgll• romr• •Hell b nm°ua Irrwn IM p.eoeM R me m°alk Home rnno, e• wary a•.mlxq I=, ° eq.m•a u, °.
/ ._ j� ,e a[Lo cwxn war m r�nu "w a cowry e•n.• e, u• au •pee.en.e e.neum�ni ,sumo u m• univa aer,•. Munro
LONE A6
�1 a oTis. ex eee°m.nr. en re• a rn• ck,x nq a.agm
onk. e, W«e se�sry.es,a• a cae..ae .nw• «a.a .rxmir.
mn"( 3-w-qra5°C.n.5.1. n• � eN �e W+� LL�I M% n°
o) �° a 15•eNen m(mm ke woe ] 1/•.
' «mows L.s. xl:ae en ° M ..m,l ,• n..uae.
er•rown rumen na e•/eem en sore en «unl Inl°nnarlen. anre m In n• una an °in�•eenrnr. am nn
LOT AREAS (GROSS)
r rornTl5n1.
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: February 13, 2023
Time: 9:00 a.m.
Applicant:
James R. Clark Revocable Trust
2170 Hemlock Avenue
Greeley, Colorado 80631
c/o Halden Clark
211 West Ash Street
Sutton, Nebraska 68979
Request: Partial Vacation of Two -Lot Lot Line Adjustment, LLA22-0027, for Removal of Lot B
Legal Description: Lot B of Lot Line Adjustment, LLA22-0027; being part of the E1/2 of
Section 14, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado
Location: East of and adjacent to County Road 45.5 (Hemlock Avenue), south of and adjacent
to County Road 58 Section line, approximately 0.25 mile north of U.S. Highway 34 (see Legal
Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: February 1, 2023
ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
LLA22-0027
Owner
JAMES R. CLARK REVOCABLE TRUST
C/O HALDEN CLARK
LAT40, INCORPORATED
JASON ALLEE
CALEB CLARK
Address
211 WEST ASH STREET
6250 WEST 10TH STREET, UNIT 2
2390 HEMLOCK AVENUE
City
SUTTON
GREELEY
GREELEY
State Zip
NE 68979-2405
CO 80634
CO 80631-8719
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 Lot Line Adjustment, LLA22-0027, in the United States Mail,
postage prepaid First Class Mail as listed above.
Dated the 1st day of February, 2023.
Oen ttiThr-JC
Janet M. Warwick
Deputy Clerk to the Board
U.S. Postal Service'
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.com"'.
/��pay. ta#
Certified Mail Fee
Extra Services & Fees (check box, add fee as appropriate)
❑ Return Receipt (hardcopy)
❑ Return Receipt (electronic)
❑ Certified Mail Restricted Delivery
Adult Signature Required
$
❑ Adult Signature Restricted Delivery $
Postage
Total
$
S
S
r
2
Postmark
Here
�Cge an0 Fee uucS`— + • UeuKszeDeah�[ 2tiuy
bth1cLut
Unite'
i
Apt. N ., or PO B
•
h �
t441i6R
PS Form 3800, April 2015 PSN 7530-02-000-9047
q - z4
See Reverse for Instructions
SENDER: COMPLETE THIS SECTION
Date of Delivery
U
O
❑ a
0
a)
w-+ F
® 'U O O
°}1-:' f2 E cc;
a t:LT. >
.„, .4E
_ 2 o o
-�a'
2 2 2 2 13
g 6
fA (n C6 RJ a-.
aocccotncncc
❑ ❑ ❑ ❑ ❑
a0)
v
a)
U
.-
U)
cc
2 C C c c0
-0 0 0
<<0000.
cri ❑❑\❑❑❑!
a)
0
N O
4J
C 2
O -O
2 CIS
U
p a)
4-1
(T3
-O C
C
as I'D
C0
i
>i Ct
C A--'
0-
■
Article Addressed to:
JAMES R. CLARK REVOCABLE TRUST
rY
Q
U
z
w
O
U
211 WEST ASH STREET
SUTTON, NE 68979-2405
CO
9590 9402 7331 2028 8561
Article Number (Transfer from service label)
CV
a
a
1
N
r1
Domestic Return Receipt
PS Form 3811, July 2020 PSN 7530-02-000-9053
U.S. Postal ServiceTM
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.com`
Certified Mail Fee
$
Extra Services & Fees (check box, add fee as appropriate)
❑ Return Receipt (hardcopy) $
❑ Return Receipt (electronic) $
❑ Certified Mail Restricted Delivery $
❑ Adult Signature Required $
❑ Adult Signature Restricted Delivery $
Postage
Total P stage nd Fees
go
Se
reet
Ci
67.1
- e, ZIP+
i
Postmark
Here
apte,c1(pttakol
Het
¶OINO4kS4 n � f 2
co oli424,
PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions
ual
cC
>•
C7
a
a
r- 1
O
N
U.S. Postal ServiceTM
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.com
/.4, 6 ...::" F
Certified Mail Fee
Extra Services & Fees (check box, add fee as appropriate)
❑ Return Receipt (hardcopy) $
❑ Return Receipt (electronic) $
❑ Certified Mail Restricted Delivery $
❑ Adult Signature Required $
❑ Adult Signature Restricted Delivery $
Postage
Total Postage and Fees
$ _
�f
Postmark
Here
Sent Tc
Street
City,
n
Ith Cloy( IL
p4N r P
•
4
i
�a toet #vc,
CO gbLpSI7R
PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions
3/13/23, 11:52 AM USPS.com® - USPS Tracking® Results
USPS Tracking®
Tracking Number:
70171450000096746858
Copy Add to Informed Delivery (https://informeddelivery.usps.com/)
Latest Update
FAQs
Remove X
Your package is moving within the USPS network and is. on track to be delivered to its final destination. It
is currently in transit to the next facility.
Get More Out of USPS Tracking:
USPS Tracking Plus®
Delivered
Out for Delivery
Preparing for Delivery
Moving Through Network
• In Transit to Next Facility
February 6, 2023
• Departed USPS Regional Facility
DENVER CO DISTRIBUTION CENTER
February 1, 2023, 8:22 pm
• Arrived at USPS Regional Facility
DENVER CO DISTRIBUTION CENTER
January 31, 2023, 11:20 pm
• Hide Tracking History
https://tools.uses.com/gortrackConfirmAction?tRef=fullpage&tLc=2&text28777=&tLabels=70171450000096746858%2C 1/2
3/13/23, 11:51 AM USPS.com® - USPS Tracking® Results
USPS Tracking®
Tracking Number:
70171450000096746865
•
Copy Add to Informed Delivery (https://informeddelivery.usps.com/)
Latest Update
FAQs >
Remove X
Your package is moving within the USPS network and is on track to be delivered to its final destination. It
is currently in transit to the next facility.
Get More Out of USPS Tracking:
USPS Tracking Plus®
Delivered
Out for Delivery
Preparing for Delivery
Moving Through Network
In Transit to Next Facility
February 6, 2023
• Departed USPS Regional Facility
DENVER CO DISTRIBUTION CENTER
February 1, 2023, 9:28 pm
• Arrived at USPS Regional Facility
DENVER CO DISTRIBUTION CENTER
January 31, 2023, 11:20 pm
•
Hide Tracking History
m
a
https://tools. usps.com/go/TrackConfirmAction?gtc_tLabels 1=70171450000096746865 1/2
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
1/24/2023
11:11:28 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.
Ottrth-ni .a10)--ck
Signature
/74JZ3
Date
Property Owners Within 500 Feet of Parcel # 096114100014
Account
Parcel
Owner
Mailing Address
R3381186
096113000035
CARLETON & DEJONG LLC
1580 N LINCOLN ST # 1125
DENVER, CO 802031501
R3382786
096113000052
SPELLANE MEGAN
3768 E 18TH ST
GREELEY, CO 806319743
R3385586
096114000002
ROOSEN BARBARA ANN
M8940508
096114000002
ROOSEN PAUL HAROLD
2001 HEMLOCK AVE
GREELEY, CO 806319751
R3385586
096114000002
ROOSEN PAUL HAROLD
2001 HEMLOCK AVE
GREELEY, CO 806319751
R3385686
096114000003
LANGE LESLIE VAGNEUR TRUST
2140 FERN AVE
GREELEY, CO 806319705
R3387186
096114000069
CARLETON & DEJONG LLC
1580 N LINCOLN ST # 1125
DENVER, CO 802031501
R6786789
096114100004
BARR MARK
16247 COUNTY ROAD 50
LA SALLE, CO 806457707
R6783816
096114100011
Lot
ReGC IZ-b075
CLARK JAMES R REVOCABLE TRUST
2170 HEMLOCK AVE
GREELEY, CO 806319740
Parcels: 13
Owner Records: 16
Page 1 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
1/24/2023
11:11:28 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.
D -fit .1.aa t i Cx
� ZA Signature
Jz�
Date
Property Owners Within 500 Feet of Parcel # 096114100014
Account
Parcel
Owner
Mailing Address
R8979886
096114100013
L04 -A
CLARK JAMES R REVOCABLE TRUST
211 W ASH ST
SUTTON, NE 689792405
R8979887
096114100014
1.643
CLARK JAMES R REVOCABLE TRUST
211 W ASH ST
SUTTON, NE 689792405
R8951909
096114300009
CARLETON & DEJONG LLC
1580 N LINCOLN ST # 1125
DENVER, CO 802031501
R7209498
096114300073
BANGHART LINDA L
R7209498
096114300073
BANGHART ARNOLD W
3050 E 24TH ST
GREELEY, CO 806319060
R6783815
096114400010
CLARK MARLYS
R6783815
096114400010
Lo4- A-
1 U ( IZ'0b7,5
CLARK CALEB M
2390 HEMLOCK AVE
GREELEY, CO 806318719
Parcels: 13 Owner Records: 16
Page 2 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
1/24/2023
11:11:28 AM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Signature
1
Property Owners Within 500 Feet of Parcel # 096114100014
Date
�i
4
• -
cri
C... , J
ercriart
HIGHWAY -34. _
Parcels: 13
Owner Records: 16
Page 3 of 3
PLAT VACATION APPLICATION
RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS
FOR PLANNING DEPARTMENT USE: DATE RECEIVED:
PLANNER ASSIGNED:
PLAT INFORMATION
Title of plat to be vacated: Lot Line Adjustment LLA22.0027 - LOT B S 14 T 5 R 65
❑ Complete Vacation (must include all lots) E Partial Vacation of the largest lot (must be over 35 acres)
List of lots to be vacated:
Lot Parcel Number
Acreage Affected Easements
B
096114100012
+/-131
No dedicated easements will be affected
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name: The James R Clark Revocable Trust clo Halden Clark
Company: n/a
Phone #: 970-396-2393
Email: halden.clark@gmail.com
Street Address: Trust Address: 2170 Hemlock Avenue Halden's Address: 211 W Ash Street
City/State/Zip Code: Trust Address: Greeley, CO 80631 Halden's Address: Sutton, Nebraska 68979
APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.)
Name: Jason Allee (Applicant)
Company: Lat40 Inc
Phone #: 970-515-5294 Email: jasona@lat40pls.com
Street Address: 6250 W 10th Street, Unit 2
City/State/Zip Code: Greeley, Colorado 80634
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 exemption or
subdivision exemption.
Signature: wner or Authorized Agent
James R Clark Rev Trust c/o Halden Clark
s�T
Date Signature: Owner or Authorized Agent Date
Print: Owner or Authorized Agent Print: Owner or Authorized Agent
7/20/2021
Statement of Authority
(Section 38-30-172, C.R.S.)
1. This Statement of Authority relates to an entity named the James R. Clark Revocable Trust
2. The type of entity is a:
[ ] corporation
[ ] nonprofit corporation
[ ] limited liability company
[ ] general partnership
[ ] limited partnership
[ ] registered limited liability partnership
[ ] registered limited liability limited partnership
[ ] limited partnership association
[ ] government or governmental subdivision or agency
[x] trust
3. The entity is formed under the laws of Colorado.
4. The mailing address for the entity is 211 West Ash Street, Sutton, NE 68979
5. The [X] name [X] position of each person authorized to execute instruments conveying, encumbering, or otherwise
affecting title to real property on behalf of the entity is Halden Clark, Trustee
6. The authority of the foregoing person(s) to bind the entity is [X] not limited [ ] limited as follows:
7. Other matters concerning the manner in which the entity deals with interests in real property:
8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172,
C.R.S.
9. This Statement of Authority amends and supersedes in all respects any prior Statement of Authority executed on
behalf of the entity. /
Executed this 2g'day of S'p,c/ tr i 4e t % , 2021.
Signature:/�—
Heiden Clark
STATE OFil)d.ro_S KOL )
ss.
COUNTY OF ) _
The foregoing instrument was acknowledged before me this Ac7UU ` day of c_�1'kurr2021 by Halden Clark
Witness my hand and official seal.
My commission expires F2io 3, b 5-
GENERAL NOTARY - State of Nebraska
SUSAN JOHNSON
VC Comm. Ep. Febnwr a, 2025
4773014 Pages: 1 of 1
11/04/2021 11:13 AM R Feo:$13.00
Carly Kopp., Clerk and Recorder, Weld County , CO
��a�Ia ei �e 'rNAI Ut IAPINM'ikIYMIti Bill
SJIzairt 4/1A/UC-11
Notary Public
Diana Aungst
From: Melissa King
Sent: Friday, January 20, 2023 11:31 AM
To: Diana Aungst
Cc: Dawn Anderson
Subject: RE: Vacation of LLA22-0027 Lot B
The property has direct access to Hemlock Avenue and several permitted access points. No review was done on the
access easement.
Dev Review has no concerns.
Thanks
Melissa
Melissa J King, PE
Development Review Engineer
Department of Planning Services
Weld County
1555 North 17th Avenue
Greeley, CO 80631
(970) 400-3762
LEADING WITH RESPONSIVE, INNOVATIVE AND COST EFFECTIVE SERVICES
From: Diana Aungst <daungst@weldgov.com>
Sent: Thursday, January 19, 2023 4:42 PM
To: Melissa King <mking@weldgov.com>
Cc: Dawn Anderson <dranderson@weldgov.com>
Subject: Vacation of LLA22-0027 Lot B
Hi Melissa:
Please let me know if you have any concerns with this vacation request.
Thanks,
Diana Aungst
Planner
Weld County Department of Planning Services
1555 N. 17th Avenue - Greeley, Colorado 80631
D:970-400-3524
O: 970-400-6100
Fax:970-304-6498
daunust@welddov.com
www.weldcrov.com
4875639 Pages: 1 of 1
01/05/2023 02:03 PM R Fee:$13.00 0 Fee:$0.00
Carly Koppel', Clerk and Recorder, Weld County , CO
11111
QUITCLAIM DEED
THIS DEED is made this 72., d day of rcvL, he ✓, 20_1; between
the James R. Clark Revocable Trust, Grantor, and the James R. Clark Revocable Trust, whose
address is -211 West Ash -Street, Sutton, NE 68979, Grantee.
WITNESSETH, That the Grantor, for consideration received, the receipt and sufficiency of
which is hereby acknowledged, hereby sells and quitclaims unto the Grantee all the right, title,
and interest of the Grantor in and to the following real property, together with improvements, if
any, in the County of Weld and State of Colorado:
Lot A and Lot B of Lot Line Adjustment No. LLA22-0027 according to the plat
recorded December 1, 2022 as Reception No. 4869689, being part of the East Half
(E1/2) of Section 14, Township 5 North, Range 65 West of the 6th P.M.
IN WITNESS WHEREOF the Grantor has executed this deed on the date set forth above.
GRANTOR:
By:
Halden James Clark, TAilstee of the James R. Clark
Revocable Trust
STATE OF rjakaiiik)
) ss.
COUNTY OF &Lit
)
The foregoing Agreement was acknowledged before me this ...Uhl day of '
,VW , 20, by Halden James Clark as Trustee of the James R. Clark
Revocable Trust.
Witness my hand and official seal.
My commission expires: 5- —a 1--- c2:3
GENERAL NOTvw - 11 Nebrask
REBECCA A. BECKER
My Comm. Exp. May 21, 2023
Notary. Public
co)9
DEPARTMENT OF PLANNING SERVICES
LOT LINE ADJUSTMENT (LLA)
ADMINISTRATIVE REVIEW
Case #:
LLA22-0027
Planner:
Michael
Hall
Submittal
Date:
June
23, 2022
Applicant:
Daniel
M.
and
Ashlie
M.
Clark
and
James
R. Clark
Revocable
Trust
c/o
Halden
Clark
Representative:
Lat40,
Professional
Land
Surveyors,
Inc. c/o Jason Allee
Parcel
ID
#s:
0961-14-1-00-006
(Clark)
& 0961-14-1-00-012
(Clark
Trust)
Address:
2230
Hemlock
Avenue (Clark)
& 2170
Hemlock
Avenue (Clark
Trust)
Legal
Description:
Lot
Exemption
R65W
A
of
of
Recorded
the
RECX12-0075
6th
P.M.
Exemption
Weld
(Clark
County,
RECX12-0076
Trust);
CO
both
(Clark)
being
and
part
of
Lot
the
C
of
E2
Corrected
of
Section
Recorded
14,
T5N.
Location:
East
County
of
and
Road
adjacent
58 section
to County
line,
approximately
Road
45
5
(Hemlock
0.25
miles
Avenue),
north
of
south
US
Highway
of
and
adjacent
34
to
Zoning:
A (Agricultural)
# of
# of
# of
Plats:
Lots:
Parcels:
Two (2)
Two (2)
Two (2)
Lot
A Size
Before:
± 2.55 acres
Lot
C Size
Before:
± 153
acres
Lot
A Size After:
± 24
acres
Lot
C Size After:
± 131
acres
Lot
Before/After:
A Water
Source
Well
# 289696-A
Lot
Before/After:
C Water
Source
Well
# 289696
Lot
Disposal
Before/
A Sewage
After:
Septic
# SP
-1300192
Lot
Disposal
Before/After:
C Sewage
Proposed
Septic
The Lot Line Adjustment criteria and process are detailed in Chapter 24, Article X of the Weld County Code.
Narrative: The subject LLA application is part of a larger land division solution to address several needs for
the Clark family. This LLA seeks to amend the lot lines between Lot A of RECX12-0076 and Lot C of
Corrected RECX12-0075. Lot C will know be Lot B of this LLA, which will then undergo a partial vacation
request to be formally unplatted. This resultant parcel will then be split by deed into multiple 35+ acre
parcels. The northern of which will then undergo a Family Farm Division (pending FFD22-0015). The
southern parcel will then annex a portion of its land on the south side of the South Platte River into Kersey
and conversely, a municipal disconnect will occur to add by deed, a portion of land located on the north side
of the river, into this southern unincorporated parcel.
Referral Agency Review:
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
• Colorado Division of Water Resources, referral dated July 11, 2022
• Weld County Department of Planning Services — Floodplain, referral dated July 10, 2022
• Weld County Department of Public Health and Environment, referral dated June 30, 2022
• Weld County Department of Planning Services — Development Review, referral dated June 29, 2022
LLA22-0027
Page 1 of 7
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• Town of Evans, referral dated June 24, 2022
• Weld County Department of Planning Services — Code Compliance, referral dated June 28, 2022
The Department of Planning Services' staff.has not received referral responses from the following agencies:
• Town of Kersey
• City of Greeley
• Greeley. School District RE -6
• 'Greeley Fire Protection District
Approved with Conditions
The Weld County Department of Planning Services has determined through an administrative review that
the Lot Line Adjustment Overview and Standards per Sections 24-10-10 and .24-10-20 of the Weld
County Code have been met. This Lot Line Adjustment is approved with the following conditions of
approval in accordance with information submitted in the application and the policies ofWeld County.
1. Prior to.recording the plat:
A. The LLA plat shall be recorded prior to the Partial Vacation Plat and FFD plat.
B. The applicant shall submit'a copy of the recorded deed for both of the LLA lots, in particular Lot B
of LLA22-0027, in order to proceed with the Partial Vacation process.
C. The applicant shall submit the Partial Vacation Request package in accordance with Section 24-
11-50 of the Weld . County Code, in order to vacate Lot B of LLA22-0027 from the LLA, as
previously discussed with the applicant team.
D. The applicant shall address the referral comments of the Colorado Division of Water Resources,
as stated in the referral response dated July 11, 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 24-10-50 of the Weld County Code
B. The plat shall be titled: Lot Line Adjustment # LLA22-0027
C. The plat shall include Weld County Plat Notes listed in Section 3 of this document.
D. The plat shall include the certifications contained in Chapter 24, Appendix 24-F of the Weld
County Code. Do not include the Board of County Commissioners Certificate.
E. The plat shall contain a list of the history of land divisions and amendments, which resulted in the
parent parcels, as applicable. Reference previous land divisions by case' number, reception
number and recording date or deed.
F. The new Lot Line Adjustment lots shall be designated on the plat map and legal description, as
specified hereafter:
1) Lot A of RECX12-0076 will now be known as: Lot A of LLA22-0027
2) Lot C of Corrected RECX12-0074 will now be known as: Lot B of LLA22-0027
G. Lot acreages shall comply with the minimum lot size in the underlying zone district and/or the
acreage requirements per Section 24-11-20 and Section 24-11-30 of the Weld County Code.
LLA22-0027
Page 2 of 7
H. The Lot Line Adjustment lots shall comply with the criteria of the land division being amended per
the Standards outlined in Chapter 24, Article XI of the Weld County Code.
I. Show and label the existing, lot line to be amended with a dashed -line type and the proposed lot
line with a solid heavy line type.
J. 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.
K. All recorded easements and rights -of -way shall be delineated on the plat by book and page
number or reception number.
L. 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.
M. Hemlock Avenue is a gravel road and is designated on the Weld County Functional Classification
Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way at full
buildout. If the existing right-of-way is not 60 feet, plat shall show the additional 20 feet and label
it as "Reserved Right -of -Way." 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 if 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 is measured from the
future right-of-way line. This road is maintained by Weld County.
N. Show and label the existing permitted access points (AP12-00343) and the usage types
(Agricultural, Residential, Commercial/Industrial, or Oil -and Gas). Development Review will
review access locations as a part of the plat submittal.
3. The following Plat Notes shall be placed on the plat:
1) The purpose of this Lot Line Adjustment is to adjust the property boundaries of Lot A of RECX12-
0076 and Lot C of Corrected RECX12-0074, now known as Lots A and B of LLA22-0027.
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) 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 Maps # 08123C -1542F dated March 23, 2022, and 08123C -1563F and
1544F dated September 17, 2020 (South Platte River). 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 anyman-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.
5) 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. •
6) The installation of any septic system within the 100 -year floodplain shall comply with the Weld
County O. W.T.S. floodplain policy. In accordance with the State of Colorado O. W.T.S.
Regulations, no septic system shall be installed within the floodway.
7) 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.
LLA22-0027
Page 3 of 7
8) Access on the site shall be maintained to mitigate any impacts to the public road, including
damages and/or offsite tracking.
9) 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.
10) Any work that may occupy and or encroach upon any County rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement.
11) The historical flow patterns and runoff amounts will be maintained on the site.
12) Water service may be obtained from an appropriately permitted well.
13) The parcels are currently not served by a municipal sanitary sewer system. Sewage disposal may
be by on -site wastewater treatment systems (OWTS) designed in accordance with the regulations
of the Colorado Department of Public Health and Environment, Water Quality Control Division,
and the Weld County Code in effect at the time of construction, repair, replacement, or
modification of the system.
14) Activity or use on the surface of the ground over any part of the OWTS must be restricted to that
which shall allow the system to function as designed and which shall not contribute to compaction
of the soil or to structural loading detrimental' to the .structural integrity or capability of the
component to function as designed.
15) The applicant should be 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.
16) Prior to the release of building permits, the applicant shall submit evidence to the Department of
Planning Services that Lots A and B have an adequate water supply of sufficient quality, quantity
and dependability.
17) Potential purchasers should be aware that approval of this Lot Line Adjustment does not
guarantee that well permits will be issued for the lots. Any lot may be deemed non -buildable if the
lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well
permits.
18) 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 Lot Line Adjustment number.
19) 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.
20) 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.
21) 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 wateringor washing of livestock or poultry.
22) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
County Facility,Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs.
LLA22-0027
Page 4 of 7
23) 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 practicabledisruption 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 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.
24) 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 otherstructures, 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.
LLA22-0027
Page 5 of 7
People are exposed to different hazards in the County than 'in an urban or suburban setting. Farm
equipment and oil field equipment,' ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and
livestock, and open burning present real threats. Controlling children's activities is important, not
only for their safety, but also for the protection of the farmer's livelihood.
4. Next Steps:
Per Section 24-10-50 of the Weld County Code: The Lot Line Adjustment 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. 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 24-10-60 of the Weld County Code:
A. If the Lot Line Adjustment 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 year,,
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 24-10-40.1 of the Weld County Code: 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.
Per Section 24-10-40.J of the Weld County Code: The Department of Planning Services shall submit
the plat to the Weld County Clerk and Recorder for recording.
Per Section 24-10-40.K. of the Weld County Code: The Lot Line Adjustment is approved and binding
the date the plat is recorded with the Weld County Clerk and Recorder.
Per Appendix 5-J of the Weld County Code, 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.
LLA22-0027
Page 6 of 7
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 of the Lot Line Adjustment 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: .' Date: August 30, 2022
Michael Hall, Planner II
LLA22-0027
Page 7 of 7
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant:
James
and
Cynthia
Clark
RECX12-0075
Planner:
D. Aungst
Legal
Description:
Lot
14,
B
T5N
of
RECX12-0076
R65W
of
the 6th
SE4NE4
P.M.,
Weld
/
NW4SE4
County,
/ W2NE4
CO
Being a
part of
Section
Parcel
ID
#:
0961-14-0-00-065
Lot
A Size:
2.5 acres
Lot
B Size:
+/- 2.5 acres
Lot
C Size:
+/- 148
acres
+/-
Water
Source:
Lot
Lot
Lot
A:
B:
C:
Proposed
Proposed
Well
# 285888
well
well
Sewer System:
Lot
Lot
Lot
and
A:
B:
C:
SE
Proposed
Proposed
Septic
-1000036
#SE
septic
septic
-1000035
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
This is a 3 -lot Recorded Exemption in conjunction with an Amended Recorded Exemption RECX12-0076.
RECX12-0076 reduces the size of Lot A of AmRE-282 and increases the size of Lot B of the same
Amended Recorded Exemption. This 3 -lot Recorded Exemption divides lot B of RECX12-0076 into three
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.
RECX12-0075
Page 1 of 6
1E3.
1. A Weld County septic permit is required for any proposed home. The septic system shall be
installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations.
2. Topographic or physical features of the proposed lot, such as ravines, ditches, streams, etc. may
limit the area available fora new or replacement septic system. Prior to recording the plat the
Division recommends that the applicants review the County Code pertaining to Septic Systems to
assure that; any installed septic system will comply with all setback requirements found in the.
Code. In the event the proposed lot is not of sufficient size to allow the installation of a septic
system the lot may'need to be enlarged.
3. Prior to recording the plat:
A. The applicant shall -submit a proposed building envelope(s) for lots to the Department of
Planning Services for review. Upon approval by the Department of Planning Services, the
building envelope shall be delineated on the plat. Additional building envelopes shall be
labeled alternative building envelope. All building envelopes shall take into consideration
impacts to productive farm ground as well as the location of incompatible uses, flood plain,
ditches, wetlands, geological hazards, accesses, preferable locations, oil/gas easements and
oil/gas structures which must meet setbacks as required by Section 23-6-10 of the Weld
County Code.
Pursuant to Planning Policy Number 2010-07, the applicant shall submit a proposed building
envelope for the lots to the Department of Planning Services for review. If any portion of the
building envelope on the lots - are within the FEMA designated SFHA, a flood hazard
development permit (FHDP) shall be submitted showing the building envelope to be located
outside of the floodway and establishing a base flood elevation for the building envelope.
The FHDP application shall be prepared utilizing accepted FEMA guidelines and
methodologies. The FHDP application shall be stamped, signed, and dated by a registered
professional engineer licensed to practice in the State of Colorado.
C. Upon approval by the Department of Planning Services, the building envelope shall be
delineated on the plat. All building envelopes shall take into consideration impacts to
productive farm ground as well as the location of incompatible uses, flood plain, ditches,
wetlands, geological hazards, accesses, preferable locations, oil/gas easements and oil/gas
structures which must meet setbacks as required by Section 23-6-10 of the Weld County
Code.
D. The existing septic systems are within the 100 -year flood plain. The installation of any septic
system within the 100 -year flood plain shall comply with the Weld County I.S. D.S. flood plain
regulations. Specifically, if the septic tank lids are not above the flood plain elevation, then the
access to the tank manhole lids must be covered with 20 ml PVC and sealed with plumbers
cement. In addition, a one-way valve must be installed on the effluent line between the tank
and the absorption field. Therefore, any future pumping of the septic tank will require that the
tank lids be sealed prior to backfilling, and any future upgrade of the septic system will
require that a one-way valve be installed on the effluent line.
E. The applicant shall submit a sketch of the existing septic system in relation to the proposed
lot line to the Weld County Department of Public Health and Environment. Evidence of
approval shall be submitted to the Department of Planning Services.
F. 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.
4. Items to be included on the plat:
A. The plat shall be titled: Recorded Exemption No. 0961-14-01 RECX12-0075.
RECX12-0075
Page 2'of 6
B. County Road 45.5 (aka Hemlock Ave) is designated on the Weld County Road Classification
Plan as local gravel road, which requires 40 feet of right-of-way at full build out. The applicant
shall verify the existing right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. All setbacks shall be measured from the edge of
future right-of-way. If the right-of-way cannot be verified, it shall be dedicated. This road is
maintained by Weld County. (Please note that the City of Greeley has stated that Hemlock
Avenue will be a 2 -lane collector roadway with a right-of-way width of 90'. This right-of-way
width will be in effect if the City of Greeley annexes this property.)
C. A Weld County Road Access Permit Application Form is included. It will be required for all
new roads, driveways or other means of providing ingress or egress to lands adjoining
County rights -of -way. The application form shall be completed by the property owner to be
accessed from a County road or his/her duly authorized agent as evidenced by written
documentation.
1) Access pictures will be required from the left, right and into the access.
2) A signature and. date will be required to deem the application acceptable and
complete.
3) The FEE is $75.00 for your new access points.
4) Show the approved access on the plat and label it with the approved access permit
number (AP#). This will be provided when a revised application form is received.
5. The following notes -shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located.. Pursuant to the
definition of setback in the Weld County Code, the required setback is measured from
the future right-of-way line.
*No building or structure as defined and.limited.to those occupancies listed as Groups
A, B, E, F, H, I, M and R in Section 302.1 of the 2006 International Building Code,
shall be constructed within a 200 -foot radius of any tank battery or within a —150 -foot
radius of any wellhead. Any construction within ,a 200 -foot radius of any tank battery
or 150 -foot radius of any wellhead shall require a variance from the terms of the
Section 23-3-10 of the Weld County Code.
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
3) Lot A and Lot B are not eligible for a future land exemption in accordance with Section
' 24-8-20.C.2 of the Weld County Code.
4) WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR
FLOODWAY DESIGNATION. Please be advised that owners of Lots A & B may not
be able to obtain building permits to construct structures. All construction or
improvements occurring in the floodplain as delineated on Federal Emergency
Management Agency FIRM Community Panel Map #080266-0637C dated September
28, 1982 and Flood Boundary and Floodway Map #080266-0010 dated September
28, 1990, shall comply with the Flood Hazard Overlay District requirements of Chapter
23, Article V, Division 3 of the Weld County Code and all applicable FEMA regulations
and requirements as described in 44 CFR parts 59, 60, and 65.
RECX12-0075
Page 3 of 6
5) Flood hazard development permits will be required for development activities located
within the FEMA mapped South Platte River Floodplain. 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.
6) The installation of any septic system within the 100 -year floodplain shall comply with
the Weld County I.S.D.S. Floodplain Policy. In accordance with the State of Colorado
I. S.D.S. Regulations, no septic system shall be installed within the floodway.
7) 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.
8) 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.
9) Prior to the release of building permit, the applicant shall submit evidence of approval
from the Western Hills Fire Protection District to the Weld County Building
Department.
10) Should noxious weeds exist on the property or become established as a result of the
proposed development the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code.
11) 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.
12) Potential purchasers should be aware that approval of this Recorded Exemption .does
not guarantee that well permits will be issued for the lots. Any lot may be deemed
non -buildable if the lot owner is unable to obtain a well permit. The State Division of
Water Resources issues all well permits.
13) Prior to the release of building permits the Lot owner shall verify with the nearest
Town/City or Sanitation District to determine the location of the nearest sanitary sewer
line. In accordance with the Weld County Code, if a sewer line exists within four
hundred (400) feet of the property line and the sewer provider is willing to serve the
proposed structure, a septic permit cannot be granted by the Weld County
Department of Public Health and Environment. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services.
14) Building permits shall be obtained prior to the construction of any building. Buildings
that meet the definition of an Ag Exempt Building per the requirements of Section 29-
1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building permits,
however, a Certificate of Compliance must be filed with the Planning Department and
an electrical and/or plumbing permit is required for any electrical service to the
building or water for watering or washing of livestock or poultry.
RECX12-0075
Page 4 of 6
15) All mobile homes as accessory farm uses are temporary. Allowance of the mobile
homes shall be extended only if the use continues to be in conformance with the
criteria established in Section 23-4-170 of the Weld County Code. The mobile homes
shall be removed from the property if the mobile home cannot be legally permitted for
an approved use as listed in Chapter 23, Article IV, Division 3 of the Weld County
Code.
16) Effective April 25, 2011, Building Permits issued on the proposed lots will be required
to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance
2011-2)
17) Effective April 25, 2011, 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.
(Ordinance 2011-2)
18) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive
agricultural counties in the United States, ,typically ranking in the top ten counties in
the country in total market value of agricultural products sold. The rural areas of Weld
County may be open and spacious, but they are intensively, used for agriculture.
Persons moving into a rural area must recognize and accept there are drawbacks,
including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract
urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of
city noise and congestion, 'and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County
would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area.
Well -run agricultural activities will generate off -site impacts, including noise from
tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal
pens, -field work, harvest and gravel roads; odor from animal confinement, silage and
manure; smoke ,from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and
supplies to assist in.their agricultural operations. A concentration of miscellaneous
agricultural materials often produces a visual disparity between rural and urban areas
of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation
alleged to be a nuisance employs methods or practices that are commonly or
reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the
way" of residential development. When moving to the County, property owners and
residents must realize they cannot take water from irrigation ditches, lakes, or other
structures, unless'they have an adjudicated right to the water.
RECX12-0075
Page 5 of 6
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
selling. Farm equipment and oil field equipment, ponds and irrigation ditches,
electrical power for pumps and center pivot operations, high speed traffic, sand burs,
puncture vines, territorial farm dogs and livestock, and open burning present real
threats. Controlling children's activities is important, not only for their safety, but also
for the protection of the farmer's livelihood.
6. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld
County Code. The applicant shall submit three (3) paper copies of the plat for preliminary
approval to the Department of Planning Services. Upon , approval of the paper copies, the
applicant shall submit a Mylar plat along with all other documentation required as conditions of
approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the
Department of Planning Services. The Mylar plat and additional requirements shall be recorded
within sixty (60) days from the date the administrative review was signed. The applicant shall be
responsible for paying the recording fee.
7 In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required sixty (60) days from the date the Administrative Review was
signed a $50.00 recording continuance charge shall added for each additional 3 month period.
8. The Department of Planning Services respectfully requests the surveyor provide a digital copy of
this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format -
type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This
digital file may be sent to dhuerter@co.weld.co.us.
9. If the exemption plat has not been recorded within sixty (60) days from the date (he 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:
Diana Aungst - PI ner I
RECX12-0075
Page 6 of 6
Date: August 20, 2012
PUBLIC HEARINGS
WEDNESDAY, FEBRUARY 8, 2023
10:00 a.m.: Docket #2023-15, PL2858, Zoning Permit, ZPSF22-0004, for a Solar Energy
Facility (3.51 acres) in the A (Agricultural) Zone District, Janssen Farms, LLC,
c/o SunShare LLC, dba Grizzly Solar, LLC, located south of and adjacent to
County Road 72; east of and adjacent to County Road 39
(Planner — Maxwell Nader)
#2023-0327 BOCC Draft Resolution
#2023-0328 DPS Staff, Comments
#2023-0329 Legal Notices
#2023-0330 Application, General
#2023-0331 Referrals, No Comments
#2023-0332 Referrals, Comments
#2023-0333 Maps
#2023-0334 Deed
#2023-0335 Surrounding Property Owners
#2023-0336 BOCC, Exhibits
Hello