The URL can be used to link to this page

Browse Search

Home My WebLink About20232454.tiffRESOLUTION RE: APPROVE PARTIAL VACATION, VAC23-0042, OF THREE -LOT RECORDED EXEMPTION, RE -2146, FOR REMOVAL OF LOT C - THEODORE BUDERUS, DANIEL BUDERUS, JULIE ANN BUDERUS, AND SUSAN BUDERUS 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 February 17, 1998, the Department of Planning Services approved Three -Lot Recorded Exemption, RE -2146, and WHEREAS, the Board has received a request from the current property owners, Theodore Buderus, Daniel Buderus, Julie Ann Buderus, and Susan Buderus, 26246 County Road 45, Greeley, Colorado 80631-9756, to vacate Lot C of Recorded Exemption, RE -2146, located on the following described real estate, to wit: Lot C of Recorded Exemption, RE -2146; being part of the E1/2 of Section 6, Township 4 North, Range 63 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 Theodore Buderus, Daniel Buderus, Julie Ann Buderus, and Susan Buderus, for Partial Vacation of Three -Lot Recorded Exemption, RE -2146, for removal of Lot C, be, and hereby is, approved, subject to the following condition: 1. As described in Sections 24-11-50.H and 24-11-50.1 of the Weld County Code, the applicant shall submit an exemption vacation plat and deed to the Department of Planning Services within ninety (90) days for review. Upon acceptance, the plat shall be signed by the property owners and shall be submitted for recording, along with the recording fee, to the Department of Planning Services. The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder. 4935925 Pages: 1 of 3 12/14/2023 10:59 AM R Fee:$0.00 Carly Koppel', Clerk and Recorder, Weld County , CO VIII Cc PL (ER/MN/KO), APPL. o2k�5�1Li 2023-2454 RE -2146 PARTIAL VACATION, VAC23-0042, OF THREE -LOT RECORDED EXEMPTION, RE -2146, FOR REMOVAL OF LOT C - THEODORE BUDERUS, DANIEL BUDERUS, JULIE ANN BUDERUS, AND SUSAN BUDERUS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of August, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: daticido `elto:tA Weld County Clerk to the Board BY0Cuii f YI • 1,LOlLly ► cit- Deputy Clerk to the Board VED FORM: Countyorney Date of signature: ` Z<, Pro-Tem Milrai man, Chair Per L. B Scott K. Jam D. Ross acne 4835325 Pages : 2 of 3 12/14/2023 10:29 AM R F..:$,0.0 Carly Kmpes, Clerk and ReoordsrW.l0 d County , CO NIA47! II 2023-2454 RE -2146 Theodore A Buderus Vacation of Lot C of Recorded Exemption No. 1051-06-4 RE -2146 which is Recorded At Reception Number 2613898 on 05119/1998 Situate in the SE4 of Section 6, Township 4 North, Range 63 West of the 6. P M , County of Weld, State of Colorado Sec. 24-11-50. Complete or partial vacation of recorded exemption or subdivision exemption. The anginal Plat Recorded At Reception Number 2613898 on 05/19/1998 is incorporated by reference because this is a Partial Vacation of an exishno trot C m an.exisbng sbecihc Plat Attached as Exhibit A is the Property Desc option - Metes and Bounds required by Sec 24-11-50 Attached as Exhibit Image referencing recorded Plat - Graphic Representation of Lot C Below is Appendix G to Weld County Code 24-11-50 APPENDIX 24-G - Vecafmn Plet Ce tdlc Amended by Ordinance No 2022-09 A PROPERTY OWNERS CERTIFICATE We, the undersigned, being the sole owners in fee of the above d nbed property, do hereby vacate the Ian division tat or record, now recognized as an unplatted of and Darnel J Buderus Susan H Buderus State of Colorado County of Weld Before lie, the urplersigned, a Notary Public, within and for said County and State, on the gday of No VeM.S.r2023 personally appeared Theodore A Buderus, Daniel J Buderus, Julie Ann Buderus and Susan H Buderus to me personally known to be the identical person who executed the within and foregoing instrument and acknowledged to me that he/she executed the same as his /her free and voluntary act and deed, for the uses and purposes therein set forth IN WITNESS WHEREOF, I have hereunto set my hand and official - I the d; and r t above written My Commission Expires / / / S/ 2- 4"" Notary • ublic State of Colora DOUGLAS C. SEELY NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20054027261 MY COMMISSION EXPIRES JANUARY 15, 2027 4935525 Pages: 3 of 3 12/14/2023 10:59 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , Co �� NPR Ci CIA IIIIIM M FIN DIU L 1M To: From: Case: Hearing Date: Subject: Owners: DEPARTMENT OF PLANNING SERVICES MEMORANDUM Board of County Commissioners Kim Ogle, Planning Services VAC23-0042 August 21, 2023 Partial Vacation of Recorded Exemption RE -2146 Theodore A Buderus, Daniel J. Buderus, Julie Ann Buderus and Susan H. Buderus Legal Description: Lot C of Recorded Exemption RE -2146; being a part of E2 of Section 6, T4N, R63W of the 6th P.M., Weld County, CO Location: Approximately 0.5 miles South of and adjacent to County Road 50, west of and adjacent to County Road 63 Parcel Number: 1051-06-4-00-022 Total Parcel Size: +1- 146.710 acres Zone District: A (Agricultural) Summary: Theodore A Buderus, Daniel J. Buderus, Julie Ann Buderus and Susan H. Buderus request to vacate Lot C, being the largest lot of a three Lot Recorded Exemption RE -2146, recorded May 19, 1998, reception #2613898. This partial vacation of Lot C of RE -2146 would result in an approximate 146.710 acre unplatted parcel. Lot A and Lot B of Recorded Exemption RE -2146 are not a part of this action. Lot A does not have direct access onto CR 50 or CR 63. Planning Services - Development Review has no concerns with regard to the vacation of Lot C. 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. 2023-2454 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 (Exhibit B) and the draft vacation plat map (Exhibit C) 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 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, all documents associated with the case and the case resolution 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 Vacation 23-0020 documents with the Weld County Clerk and Recorder Exhibits A RE -2146 plat B Vacation Request Letter C Metes and Bounds Description D B Barker Letter May 31, 2023 Mr Kim Ogle Weld County Department of Planning Services Re Buderus Request for Partial Vacation Dear Kim, Theodore A. Buderus, Susan H. Buderus, Daniel J Buderus and Julie A Buderus (collectively, "Buderus") are the sole owners of the two large lots described as. Lot B of Buderus Recorded Exemption No. 1051-06-1-RE1733 which was recorded as Reception 2443349 on 06/20/1995 and Lot C of Buderus Recorded Exemption No. 1051-06-4- RE2146 which was recorded as Reception 2613898 on 05/19/1998 This letter is a request that these two lots be vacated as a "partial vacation of an existing Recorded Exemption" under Weld County Code Sec 24-11-50 The Code states "The vacation request letter shall describe the purpose of the vacation, any existing improvements, and any easements or rights -of -way that may be affected." Purpose of the vacation Both Buderus Lot B of RE -1733 and Buderus Lot C of RE -2146 exist in the east half of Section 6, Township 4 North, Range 63 West of the 6'h PM William and Noblet Danks (collectively, "Danks") own properties in the west half of Section 6, Township 4 North, Range 63 West of the 6' PM, and adjacent to the Buderus properties Danks filed Recorded Exemption No 1051-6-2-RE1480 which was recorded as Reception 02342072 on 07/21/1993, amended and re-recorded as Corrected Recorded Exemption No, 1051-6-2-RE4882 which was recorded as Reception 3641780 on 08/10/2009 Danks also filed Recorded Exemption No 1051-6-3-RE1479 which was recorded as Reception 02342071 on 07/21/1993, amended and re-recorded as Recorded Exemption No 1051-6-3-RE4883 recorded on 7/15/2009 as Reception No 3636533 The Surveyor's Notes on RE1480 indicate that the County Surveyor did not follow the correct BLM procedure when he originally established the Closing Quarter Corner for Section 6-T4N-R63W and instead established the County Monument approximately 119 feet east of the location as prescribed by BLM procedures When the surveyor for the Dunks Recorded Exemption RE1480 discovered this, the property description he drafted for the Danks parcels imposed the proper BLM distances to the Dunks properties, and established a new Monument consistent with BLM procedures at that location Danks' surveyor maintained that was the proper location consistent with the legal description of the NW4-S6- T4N-R63 W property deeded to the Danks, and only noted on the survey that the Existing Line of occupation was approximately 119 feet east of the BLM dictated corner and noted it may constitute a property corner but it was not the Closing Quartei Corner. This same surveyor applied the same new monument locations to the Danks property m the SE4-S6-T4N-R63W when creating the plat for RE1479_ These monument locations were again applied m 2009 to Danks' Recorded Exemptions when re-recorded as RE4882 and RE4883 There was no subsequent action by Danks to correct their property corner to that which had been established by the County Surveyor The Buderus surveyor used the same monument locations established by the Danks' 1993 survey when Buderus created RE1733 on 06/20/1995 There is no note of an existing line of use on that plat. The Buderus surveyor used the same monument locations established by the Dunks' 1993 survey when Buderus created RE2146 on 05/19/1998. The plat for RE2146 does note an existing line of use that differs from the monument description An Affidavit of Boundary Puisuant to CRS 38-35-109(5) was recorded as Reception 3181271 on 05/18/2004 ("Affidavit") in which the Dunks and Buderus parties agreed that the accepted boundary between the properties was approximately where the line of occupation or use had been designated on the respective REs and contained a survey to establish those locations The parties further agreed to cooperate with each other in correcting their recorded exemptions to show this correct boundary Beginning in August of 2022, Dunks filed legal action against Buderus requesting the Court order Buderus to sign a quit claim deed to the property referenced in the Affidavit without gomg through any County processes to amend the property lines, among other relief At that time, the only process the County had established to correct a common boundary between lots was a Lot Line Adjustment which required the participation of all affected landowners Upon motions filed by both sides, the Court issued an Order on March 3, 2023 denying Dunks request for a quit claim deed, and declaring that Dunks shall cooperate with Buderus and submit a Joint Lot Line Adjustment Application and share the proportionate expense of the same. In late December, 2022, Weld County adopted changes in their Code allowing Partial Vacations of Recorded Exemptions On or about January 17, 2023, Danks signed a request to vacate Lot D of RE4882 and Lot D of RE4883. Despite Danks and the County being aware of the March 3, 2023 Court Order requiring Dunks to cooperate with Buderus and submit a Joint Lot Line Adjustment Application and share the proportionate expense of the same, the County approved the vacation of Dunks' Lot Ds on April 17, 2023 Based on our reading of the Weld County Code, Buderus cannot file a Joint Lot Line Adjustment Application with Danks, as the Lot Ds m Dunks' Recorded Exemptions have been vacated We are also unaware of any County policy that allows for corrections on plats or deeds caused by errors committed by the County Surveyor Therefore at this point, the undersigned Buderus feel their only option is to file for a partial vacation of lots in their Recorded Exemptions pursuant to 'Weld County Code section 24-11-50 to correct the boundary as described in the Affidavit Improvements There are no buildings or improvements on either of the two lots Easements at rights -of -way There are no existing easements and rights -of -way to be vacated by this application to vacate Lot B of RE -1733 or Lot C of RE -2146 Weld County Code Section 24-11-50 states "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(s) within the same plat " Lot B of RE -1733 and Lot C of RE -2146 are larger than 35 acres Signed by all owners of the lots to be vacated. Theodore A. Buderus N s �•- 4.7 .4 d' �Z a d1./11(.0 S Susan II. Buderus Daniel J. Buderus Vacation of Lot C of Recorded Exemption No 1051-06-4 RE -2146 which is Recorded At Reception Number 2613898 on 05/19/1998 Situate in the SE4 of Section 6, Township 4 North, Range 63 West of the 6th P M , County of Weld, State of Colorado a..� .ai sav�r•d wCR 50 WCR 50 • lwlf �f ro.i. �wwVavC r+.♦a�,aYl'1 aLaM �aw u va:Yyacat ta<.i�Uf�, l t,aZrai� avniscaa :Yw]cJl ,-,1";"; _ _ ' W •� .m+� a ua]v um[ a ttiGG1 cM,\� K\ ry.1`ry }.re. ! urt?n4. Uu..lnn v, y `VOR50__ s,1,w�ai w. Vacation of Lot C of Recorded Exemption No. 1051-06-4 RE -2146 which is Recorded At Reception Number 2613898 on 05/19/1998 Situate in the SE4 of Section 6, Township 4 North, Range 63 West of the 6`h P M , County of Weld, State of Colorado Sec. 24-11-50. Complete or partial vacation of recorded exemption or subdivision exemption. The original Plat Recorded At Reception Number 2613898 on 05/19/1998 is incorporated by reference because this is a Partial Vacation of an existing Lot C in anrexisttng specific Plat Attached as Exhibit A is the Property Description - Metes and Bounds required by Sec 24-11- 50 Attached as Exhibit Image referencing recorded Plat - Graphic Representation of Lot C Below is Appendix G to Weld County Code 24-11-50 APPENDIX 24-G - Vacattory Plat Certificates Amended by Ordinance No 2022-09 A PROPERTY OWNERS' CERTIFICATE We, the undersigned, being the sole owners in fee of the above described property, do hereby vacate the land division plat or record, now recognized as an unplatted tract of land Theodore A Buderus Daniel J Buderus Julie Ann Buderus Susan H Buderus State of Colorado County of Weld Before me, the undersigned, a Notary Public, within and for said County and State, on the day of , 2023 personally appeared Theodore A Buderus, Daniel J Buderus, Julie Ann Buderus and Susan H Buderus to me personally known to be the identical person who executed the within and foregoing instrument and acknowledged to me that he/she executed the same as his /her free and voluntary act and deed, for the uses and purposes therein set forth IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year last above written My Commission Expires Notary Public State of Colored B BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF APPROVAL This Vacation plat is approved by the Board of County Commissioners of Weld County, State of Colorado Witness my hand and the corporate seal of Weld County this day of 2023 CHAIR, BOARD OF COUNTY COMMISSIONERS ATTEST Weld County Clerk to the Board By Deputy Clerk to the Board Date SURVEYOR'S CERTIFICATE I, Robert A Short, a Registered Professional Land Surveyor in the State of Colorado, do hereby certify that the survey represented by the plat was made under my personal supervision, and that this plat is an accurate representation thereof I further certify that the survey and this plat comply with all applicable rules, regulations, and laws of the State of Colorado, State Board of Registration for Professional Engineers and Professional Land Surveyors, and Weld County By RobertA Short Registered Land Surveyor The Plat Recorded at Reception # 2613898 on 05/19/1998 entitled Recorded Exemption Number 1051-06-04 RE 2146 is incorporated by reference The original Plat is incorporate by reference because this is a Partial Vacation of an Existing Lot C in an existing specific Plat Robert A Short, A Registered Professional land Surveyor of McRae & Short, Inc # 7242 made the identical Surveyor's certificate in the Plat Recorded at Reception #2613898 on 05/19/1998 as shown above Attached as Exhibit A is the Property Description by Robert A Short, of McRae & Short, Inc , A Registered Professional Land Surveyor of McRae & Short, Inc #7242 His certificate taken from the original RE -2146 plat states the correct legal description of Lot C, i e the Lot which is being vacated Therefore, in place of the above Surveyor's Certificate, the Weld County Commissioners accept 1 the Surveyor's Certificate on Recorded Exemption Number 1051-06-04 RE 2146 and 2 the Surveyor's Certificate on the Property Description Exhibit A PtllwatelILLIIP• • a •• n r T t fn •r. '.,a U as aw tel J I I I Y • 4 • • !UW 'IA ',' Ts N.; A.11<wi CSVest' 1V 1 • 1�1... Y_•.. • • arrithltas .. -�` raw iin-- LSE 4/4 t✓c ; 33 LJ&aa3.u.•t •923 IA's? Se ®diU.aa•/ itstr , 1•L ►.ree,ears•• 4 1 i 5W Yd. 4 Sea a•• are I • ",•fry � �1• It :es C.••• •Saar •. �.f y f Saar f$ I I • I I I ..•••. N laialtisa.KR7i.ia.4 • l _ • 4 Lot -C. Ic•t.34tG •1. tibettrtift la =titmil' •��♦ 1`1rZ�f �` 4 'ti t•!.:. %� to t a• . ti'to- c c .Xr w wc a- 1;" ilkacereaa 44i• V faaT t >r moire e• r Lot 'W' 4 9.4.• h _ MS SCSI I sale V. Let "E$ i-(C I 3 34 &4 - 1 t i I 21O76 *CR 43 ---1 Man tarots► .. YaaK.*1s .6. 3 IMMMIMP w RECORDED LAEMPH/QN NO I0''il- 05- a RF L 2S LEGE \ �_ '--_actTaas.—Ine a L u•. tG'r `.X N Jy. •1 L TJC.:ti ••'. G•t:.C• •- =-Lt:. :i, . 4 J• .;L•-11 t_.CC..1r `n ('- .;. .u..r•...' t. '. r.V' G. 1 -••• 3 *Alfa . .Vl,F•l. $ I - t,•t'. f. •.s nun C. 'ire- ;I ;Iv • =or'\ '.• _ 1. Lee SAY GJ •fl JI AA .".T:. tats• XS%III .t, ? • 1J tab+... I• r•..' J. 11414 _Ytt:.;.F_^•La r. x1Uf•4 :(we.:K. . '•4 .•:.C "• .' :."i. .. JAY .•. :9) �,1' Ak$fl1 tZEt i• Some -.'e ,r t girl:KALI el era =al .16 an 11e • •-'- rips!(! Sa4a• •al s • It table .st'. ,/a' •.- a MP tau ..S 7^L WI a UK wtal nt all 0 L•••Ci i•s•(,-;•(Mats • malt• rt•T •J.111fcA ioui11111.sT .4: a. 04411 t t'•.). 2:S4t. tr el.A.:. 1,' 'X4 :.'-t..::.Ir- T :f..•.t' I e .. yHLl. ltc te A•.: w: -x.1:,1 !secs t.r I'I ..t L', *A?- 'S inrla A. - • a. wl.lt• CAP cc UC f•tCt=4it•D Ih • :}•i ^•r ..11• ;i .t: •a' u•a`•stp ,, t•'._. SZ4. rol: :a..• •u.. ._ .asset-,. .C• e* it if j PAWS. &Seanitl rig .4%* ar'. Ii•, ••e f•Q ..Ulan, ... • "4 tai f••a h fit tJ •ia at ta,a• h1JCr•• at ti.a•t• ••••0 If •i ion •C ant's 0• in •t••.14L oral •4 ,,at.a•O •s' •• $ ors •a-• f .I„••1:0 I• t'4 •.• ..? fat/•a. gal :•tl.-% •••C •1. act Afloat tD WO. • •mot ea/1U • 7s M Da'>,C Y r {!' tots r •, -i w' AO,* Mb AI . r ,.•:'raa au -4 !Marl r '•f flays • .. SG nit 'r, wear •11 ,r,t •a. "a-x.e: a 4440.0hidest itaTL � f#asr1a01 • �"• 11 •Rid •„ leaggibasit. taI •( % twit V4•a•• 1/ •A K� o era i"IIaITitl• L�1 ''•a It Qf a u LW Oft 4•:. ClalVtais SOW • rl iv )_-t.*4s tar•/seal • x4•24110 .' h/►t•aA r• i•••1 a• aa4.7•••OC J. •t•ayj I _.1' ', •• M Keit Real: •.la r}, r'alts 1.4 ;IA..t aq' '- i 11-.1 :tae". t{ ••'. • 1•I Tit r11•[ �' ...•. •.!stir •►►it 1r - I• ias in M. •t K • ParA r.3fwtj/.'*t� 111.1.... �.=11•. J-'. .cs' Ca •• nalea ac Sag K y, 24 f RAM' TO FASM COVEN NT •�toms .asSap •••►•ets•issa••sas•Sia SR•fSI Cie a•• 1V as sods Ss a . a a.e.r• • a V •p••aa•a •••a.• ass as •.,r• •aa n eea ea M •••,•s._ Alas•• males sib bagel_ eerily see and • ••a• ..• a SS r • sass •' eas Al m dal 1t 14.41 as w -sass• it i+ Os t.rab •s saes la•a••., ♦MSS •• Sae teas sr a. se ea wefts w•llassfeww .rgas Ss art safari• .•at• Lan aA••sUlaS ar 6aa urns is la s toy assort• •st a•M ..• % r a,..s asses• sat aa1 s•♦. a.r a•.•s• S St •a.•.`, Sas art aatailtak a a s it SS lw lle-S a• M•• •err• as a s anti tea+► SPAS r aA t W ••••• `e r as q• r +•••.al aka aas••a vets..! •a Ate sass's tea. • SID ••1•• • afar.•• • w,pn.e. a••••Ca• iaraa • ass aaa d w t,/••.4a. S • r Ir.r aka d ar s•.e• a NS a. .*Sdes4.s —_Sea LS ea alni sae sok at tomtit Ts. is sessaa•frsass•w .-•aa .lava Oasis rasa ;••r iaars • a••f ens • use ass a /oars d as Aar• ar • flow ran ISM .arts t•/ sal* tare •a— — aims t►r•••••• •••••••••••• tea Ice pas • •aRa••aaa••• as•aaa so earn •s• aw oast aaaai•a s Assaf • aaagaa— Oro ors •a•l re• 4s..in alga labia .a a mak •a asp art 1 sibs avast asp • a.f. at Se swear•••a sea Sin sass •a•r•••••• *.._ ens. r .saris to fe% ftw Is • astir —•assn fa.a t!•a r r alba asLU_- . a a Os San ~es S •••••••• k a as •la•sa•ar atVs '••s•+`•sr1 (Sae -R soar - •ate rasa a.a ww aMnaa• sae use. .')tsar I.• a•ssl• vas - a _ t • a• sag ••1• a • sass ••••••• raq ••• mar s/ as tea•••• _ . J•S a1 Illellisidia.SIPS Ids IS I+a••• ata s SallpISS IMO aaaad, fat•aa►mass.•nab ar•r••farors•t••Spas ail __ •Jansf, Cari.. *SS ass . sass•.. aa1 Asa.. •st•e a•far a• es. sass es tae. •wsaA a.. M ai a a•-• .t .••••••. • •• • a• S. e area areas oar WSJ SP•••••,•• •..• a•• .•ads • Sea ainenee. •1 SW • •.say a aPaell agate a at ea •a t 14 'Sae •far tea+ USN • .a SOS a► tenon as ,. faro•• y ran Baia « ••1 a•.ar s✓ as. aorr. eV amp mans o as yet Are an et aN• ere Hai a a• M !sass a Ar Sae ►I i to tin aaf es an real airs M 1/1 r_ SS MP ar a a•Inf lt. a+f !fart as starsa areas far a to • at a AS son ••••••• . a•1a..A► •,.a, nip sae 4a• aa•n awn asst s/•• w Stoll a an" le ••• aaat ne a nit* •w east fnattky asg• arose a a• IA•• sasY ••t af.Vlb sem dab a.• ppaa. a ••• asst• • ••is•••••I• fast Asa pve ••afar le •1V anal ✓ •Pr •m a•r afar: Cccj X_— a-`i;IJ as.. a 44041 Z Jan Warwick From: Sent. To: Subject: William Danks <wcdanks@edanks com> Wednesday, July 26, 2023 445 PM Jan Warwick, Kim Ogle Buderus Applications for Partial Vacation Caution This email originated from outside of Weld County Government Do not click links or open attachments unless you recognize the sender and know the content is safe Ms Jan Warwick Deputy Clerk to the Board Thank you for the email notifying us that the Buderus Partial Vacation Applications are set for August 21 on the Weld Commissioners "Consent Agenda" We support the Buderus' Applications Bill and Noblet Danks From Bruce Barker <bbarker@weld gov> Sent Thursday, March 23, 2023 4 14 PM To William Danks <wcdanks@edanks com> Cc Kim Ogle <kogle@weld gov>, Maxwell Nader <mnader@weld gov>, Stephanie Ceccato <sceccato@hroplaw corn> Subject RE Revision to Kim Ogle's September 6, 2022, Letter Mr Danks Sorry I have taken so long to respond This email is to advise you that, as we have discussed, the letter of Kim Ogle, dated September 6, 2022, a copy of which is attached, needs to be revised to include an alternative which I believe you and Mrs Danks are pursuing relative to your two recorded exemptions See the attached copy of the updated Section 24-11-50 of the Weld County Code This section allows for the vacation of lots of recorded exemptions if those lots are larger than 35 acres in size The requirement is that once vacated, the metes and bounds description for the vacated lot must be included in a deed by the owner(s) of the vacated lot to the owner(s) It is my understanding that you have already submitted the requisite application and documents to Mr Ogle to vacate Lot D of RE -4882 and Lot D of RE -4883 These requests will go onto the Board of County Commissioner's Consent Agenda The date for those to be included on the Consent Agenda has not yet been set, however, I just spoke with Mr Ogle and he will be hand -delivering all of your documentation to the Clerk to the Board today Ms Esther Gesick, Clerk to the Board, will then set the Consent Agenda item which should be on either a Monday or Wednesday during the next two weeks You have agreed to put together two deeds of the soon to be vacated Lots D, including the two parcels which are the subject of and created by the Affidavit of Boundary Pursuant to CRS 38-35-109(5), a copy of which is attached Those deeds will be recorded and you and your wife will be finished with our processes No additional surveys of your Lots D are necessary because they were surveyed for the original recorded exemption approvals and Surveyor Paul Groves has supplied you with adequate metes and bounds descriptions Mr and Mrs Buderus may also apply for the vacation of the large lots of their recorded exemptions (Lot B of RE -1733 and Lot C of RE -2146) Unfortunately, it is my understanding that both of those lots will need to be surveyed because they were not surveyed for the original recorded exemption approvals Their vacations could also be approved via Consent Agenda by the Commissioners Once vacated, the Buderuses would then deed to themselves the metes and bounds descriptions of the vacated Lot B and vacated Lot C, less the areas included in the two parcels which are the subject of the Affidavit It is my understanding you have been so kind as to prepare a Quit Claim Deed for the Buderuses to sign that would transfer the two small parcels to you and your wife In my opinion, the execution of that Quit Claim Deed and its recording would be advantageous to this whole process in that it would definitively establish ownership of the two parcels Alternatively, the Buderuses may pursue a Lot Line Adjustment to modify Lot B and Lot C without your involvement, but that process is more involved and somewhat more costly Thus, there is an alternative to what Mr Ogle stated in his letter to accomplish the same goal Such an alternative is less costly overall Please feel free to call me if you have any questions I am sending a copy of this email to Stephanie Ceccato and recommend that she, too, call me if she has any questions Bruce T Barker, Esq Weld County Attorney P O Box 758 1150 "O" Street Greeley, CO 80632 (970) 400-4390 Fax (970) 352-0242 Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited Original Message From William Danks <wcdanks@edanks.com> Sent Thursday, March 16, 2023 12 28 PM To Bruce Barker <bbarker@weld gov>, Bruce Barker <bbarker@weld gov>, Kim Ogle <kt gle@weld.gov>, Maxwell Nader <mnader@weld gov> Subject Caution This email originated from outside of Weld County Government Do not click links or open attachments unless you recognize the sender and know the content is safe Bruce Barker, In follow-up with our telephone conversation, please confirm by return email that the September 2022 letter signed by County Planner Ogle is supplemented and that the Buderus have two options for their two recorded exemptions and neither option requires the assistance of the Danks 1 Lot Line Adjustment Application 2 Partial vacation of their large lots in their two recorded exemptions with a quit claim deed back to the Danks with the legal descriptions contained in the Affidavit of Boundary Also, please let me know the Commission hearing date for the Danks' partial vacation applications Thank you, Bill Danks 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: August 21, 2023 Time 9 00 a m Applicant' Theodore Buderus, Daniel Buderus Julie Ann Buderus, and Susan Buderus 26246 County Road 45 Greeley, Colorado 80631-9756 Request: Partial Vacation, VAC23-0042, of Three -Lot Recorded Exemption, RE -2146, for Removal of Lot C Legal Description' Lot C of Recorded Exemption, RE -2146, being part of the E1/2 of Section 6, Township 4 North, Range 63 West of the 6th P M , Weld County, Colorado Location Approximately 0 5 miles south of and adjacent to County Road 50, west of and adjacent to County Road 63 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated' August 9, 2023 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RE -2146 Owner BRYAN BAUER GARY SVOBODA THEODORE, SUSAN, JULIE ANN AND DANIEL BUDERUS Address P.O. BOX 804 23075 COUNTY ROAD 63 26246 COUNTY ROAD 45 City KERSEY KERSEY GREELEY State CO CO Zip 80644-0804 80644-9227 CO 80631-9756 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, RE -2146, in the United States Mail, postage prepaid First Class Mail as listed above. N Dated the 9th day of August, 2023. L _ Jar\ L6Cutidi c � 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` '. Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ O Return Receipt (electronic) ❑ Certified Mail Restricted Delivery • Adult Signature Required • Adult Signature Restricted Delivery $ Postage Total Postage and Fees Sent To 3a.GteeiL. Stree4pt.�l (o., or. Box No. City, Q Postmark Here Co itticiao PS Form 3800, April 2015 PSN 7530-02-000-9047 a D D a a a U.S. Postal Service" CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com A Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ Ej Adult Signature Required $ El Adult Signature Restricted Delivery $ Postage Total Postage and Fees Sent To Stria Ci PS Form 3800, April 2015 PSN 7530-02-000-9047 91q Ian Postmark Here te 3 R 2L'7 4 O r-1 U.S. Postal Servicer" 6s -244U CERTIFIED MAIL® RECEIPT Domestic Mail Only,' For delivery information, visit our website at www.usps.con . rot Certified Mail Fee Extra Services & Fees (check box, add fee as appropn'ate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ ❑ Adutt Signature Required $ O Adult Signature Restricted Delivery $ Postage Total Pos ge and Fees $ . tad our Susan Sent Stre City, S PS Form 3800, April 2015 PSN 7530-0a-000-9047 11t x Nun�and 45 31- q'leijF l Lt. Postmark Here ItAiMin S • SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. • Print your name and address ft the r4tse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 5voLxrdcu zsb1r5 extotAirRoci t4p3 KitAdati o 044e qz2� II I I II 11 1111111 9590 9402 7686 2122 8613 48 i i COMPLETE THIS SECTION ON DELIVERY A. Signature I B. Received by (Printed Name) a kima- D. Is delivery address different from item 1? O Yes If YES, enter delivery address below: ❑ No In Agent O Addressee C. Date of Delivery 2. Article Number (Transfer from service label) 7017 1450 0000 9674 5264 PS Form 3811, July 2020 PSN 7530-02-000-9053 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery Certified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery r' -- Mail vlail Restricted Delivery )0) ❑ Priority Mail Express® ❑ Registered MailTM ❑ Registered Mail Restricted Delivery ❑ Signature ConfirmationTM ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt `RE —ZI cl SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: �lGt�✓ 17(�'.N...PiL �• S). r3oK "Sbz! gt$1,44 r bHMI 11111 9590 9402 7686 2122 8613 55 COMPLETE THIS SECTION ON DELIVERY A. S ❑ Agent ❑ Addressee ceived by (Pripted Name) C. Date of Delivery D. Is delivery a ress different from item 1? O Yes If YES, enter delivery address below: ❑ No 2. Article Number (Transfer from service label) ?01? 150 0000 96?4 5271 3. Service Type ❑ Adult Signature O Adult Signature Restricted Delivery ertified Mail® ❑ Certified Mail Restricted Delivery O Collect on Delivery O Collect on Delivery Restricted Delivery n Inci trod Mail Mail Restricted Delivery )0) ❑ Priority Mail Express® ❑ Registered MailTM ❑ Registered Mail Restricted Delivery ❑ Signature ConfirmationTM ❑ Signature Confirmation Restricted Delivery PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/24/2023 11:17:38 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. ()MA 0L)t L -I._ Signature 'IZtIWZ3 Date Property Owners Within 500 Feet of Parcel # 105106400022 Account Parcel Owner Mailing Address R0533001 105105000022 BERGERS DAYNA R R0533001 105105000022 NEWMAN TOMMY N 23400 COUNTY RD 63 KERSEY, CO 806449227 R8941271 105105000027 NELSON JENEVIEVE R8941271 105105000027 NELSON CHARLES A 23310 COUNTY ROAD 63 KERSEY, CO 806449227 R8956302 105105200031 AXTON ALAN A 23502 COUNTY ROAD 63 KERSEY, CO 806449226 R8978628 105105300021 WYSCAVER JACK D R8978628 105105300021 WYSCAVER DOMINIQUE J 23110 COUNTY ROAD 63 KERSEY, CO 806449227 R0354295 105106000018 BUDERUS DANIEL J R0354295 105106000018 BUDERUS JULIE ANN Parcels: 15 Owner Records: 33 Page 1 of 5 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/24/2023 11:17:38 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. Jan U)aA a 7 �L Signature 17/Zii Date Property Owners Within 500 Feet of Parcel # 105106400022 Account Parcel Owner Mailing Address R0354295 105106000018 BUDERUS SUSAN H R0354295 105106000018 BUDERUS THEODORE A 26246 COUNTY ROAD 45 GREELEY, CO 806319756 R6777295 105106200029 DANKS NOBLET B R6777295 105106200029 DANKS WILLIAM C 5435 E 2ND AVE DENVER, CO 802205866 R6777308 105106300031 DANKS NOBLET B R6777308 105106300031 DANKS WILLIAM C 5435 E 2ND AVE DENVER, CO 802205866 R6777310 105106300033 DANKS NOBLET B R6777310 105106300033 DANKS WILLIAM C 5435 E 2ND AVE DENVER, CO 802205866 R7527898 105106400020 BAUER RUBY Parcels: 15 Owner Records: 33 Page 2 of 5 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/24/2023 11:17:39 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. UNn I.vQA uJ i /2.4 12,o Z3 Signature Date Property Owners Within 500 Feet of Parcel # 105106400022 Account Parcel Owner Mailing Address R7527898 105106400020 BAUER BRYAN PO BOX 804 1"' A KERSEY, CO 806440804 R7527998 105106400021 SVOBODA GARY 23075 COUNTY ROAD 63 I Q `7 KERSEY, CO 806449227 R7528098 105106400022 BUDERUS DANIEL J R7528098 105106400022 BUDERUS JULIE ANN Loa- b R7528098 105106400022 BUDERUS SUSAN H 1.0J• n R7528098 105106400022 BUDERUS THEODORE A 26246 COUNTY ROAD 45 IA- n GREELEY, CO 806319756 R4246186 105107000004 FRANK NORMAN WILBERT (1/4) R4246186 105107000004 KECK JOLENE KAY REVOCABLE TRUST R4246186 105107000004 ROBERT V FRANK LLC (1/4) Parcels: 15 Owner Records: 33 Page 3 of 5 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/24/2023 11:17:39 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. Cian 1.000401. LI& Signature r 124120 Date Property Owners Within 500 Feet of Parcel # 105106400022 Account Parcel Owner Mailing Address R4246186 105107000004 FRANK NORMAN W & WANDA J TRUST (1/4) C/O ROBERT FRANK 1443 41ST AVE GREELEY, CO 806342744 R8049999 105107000011 WALTER RUTH M R8049999 105107000011 WALTER WILLIAM H PO BOX 737 KERSEY, CO 806440737 R8050099 105107000012 MEYER LOLITA R8050099 105107000012 MEYER JASON 2242 MEGAN CT MILLIKEN, CO 805439656 R4246986 105108000009 GUTTERSEN RANCHES LLC PO BOX 337090 GREELEY, CO 806330619 Parcels: 15 Owner Records: 33 Page 4 of 5 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/24/2023 11:17:39 AM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 Feet of Parcel # 105106400022 11111111ask imairTgliiv„R50 Jah 1,0aAtor c.�L 1Signature ZOZ3 Date Parcels: 15 Owner Records: 33 Page 5 of 5 PLAT VACATION APPLICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS r FOR PLANNING DEPAFZ'I'McNT USE; DATE RECEIVED: AMOUNT: $ CASE # ASSIGNED: W1/44?.?_7 dm S I be Cigni APPLICATION RECEIVED BY: PLANNER ASSIGNED: k. PLAT INFORMATION Title of plat to be vacated: Lot B RE -1733 and Lot C RE -2146 ■ 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 B 105106000018 105106400022 • Acreage Affected Easements 148.000 146.710 S 6 T 4 R 63 Shared Access for Lot A and Lot B this plat None PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: Theodore A. Buderus, Daniel J. Buderus, Julie Ann Buderus, Susan H. Buderus Company: Phone #: 970 381 2044 Email: grcrts2@cs.com Street Address: 26246 County Road 45 City/State/Zip Code: Greeley, Colorado 80631-9756 APPLICANT/AUTHORIZED AGENT (Authorization form must be included if there is an Authorized Agent.) Name: Company. Phone ##: Email: Street Address: City/State/zip Code: I (We) hereby depose and state tinder 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 (W©) have read and agree to comply with the regulations for complete or partial vacation of recorded exemptions or subdivision exemptions. A4)02441 Signature: Owner or Authorized Agent Daniel J. Buderus Print: Owner or Authorized Agent C S Owner or A • r' Agent J. le Ann Buderus Print: Owner or Authorized Agent 111101111101111111111111111I1I 11111 III 11111 1111 1111 3181271 0110/2004 08:68P Wet! Canty, CO 1 of 4 R 21.00 D 0.00 Steve Moreno Cleric & Recorder RECORDER'S MEMORANDUM THIS DOCUMENT WAS FOUND TO BE INADEQUATE FOR SCANNING PURPOSES. AFFIDAVIT OF BOUNDARY PURSUANT TO CRS 38-35-109(5) Whereas, Nobles B. Danks and William C. Danks are owners of property in the NW '/4 and the SW '/4 of Section 6, Township 4 North, Range 63 West of the 6' P.M. Weld County Colorado which has a common boundary with property owned by Theodore A. Buderus, Daniel J. Buderus, Julie Ann Budcrus in NE 'A and the SE %4 of Section 6, Township 4 North, Range 63 West of the 6th P.M. Weld County Colorado, and Whereas, the above listed parties desire to establish the common boundary between their properties as permitted by CRS 38-35-109(5) Therefore, the above listed parties state that: (a) they have actual knowledge of the true boundary between their properties; (b) they are competent to make this affidavit; (c) the property boundary between them is described as the "East Bank of Existing Seep Ditch" as shown on the Land Survey Plat dated January 27, 2003 which is attached exhibit A (the legal description in Exhibit A is reproduced in larger print on the attached exhibit B); (d) they are the record owners of the properties affected by this affidavit and; (e) acknowledge that they are testifying in this affidavit under penalty of perjury. The parties further agree that they will cooperate with each other in correcting the following recorded exemptions to show this correct boundary: Recorded Exemption 1051 -06 -1 -RE 1733 recorded June 20, 1995 under reception No. 24433349, Recorded Exemption 1051 -06 -4 -RE 2146 as recorded May 19, 1998 under Reception No. 2613898, Recorded Exemption No. 1051 -6 -2 -RE 1480 recorded on July 21, 1993 under Reception No. 02342072 and Recorded Exemption No. 1051-6-3-RE1479 recorded on July 2I, 1993 under Reception No. 02342071. Date: 41,„ el, 18°, 2.0.y y Noblet B. Danks c, Willaim C. Danks re A. Buderus -TS VEAA.A..44,1 lel J. Buderus 4Q/ Buderus I M1111IMO 11111 NINO IIII NE 011111 II1111111111 IIII 3101271 06110/2004 03:6W Weld t! O 2 of 4 R 21.00 0 0.00 Steve Moreno Clerk & Recorder State of Colorado County of Weld SS The above instrument was acknowledged before me on by Theodore A. Buderus Cxi misslan t�J:iw My commission expires: 511V05 Witness my hand and official seal. State of Colorado County of Weld SS The above instrument was acknowledged before me on by Daniel J. Buderus and Julie Ann Buderus. My commission expires: Witness my hand and official seal. 3 2004 Notary Public State of Colo County of ss © / The above instrument was acknowledged before me on —l�� G'tt�c !re, 2004 by Noblet B. Dunks and William C. Dunks My commission expires: .4)/ Witness my hand and official seal. Notary Public cr01 otolE t C\�IARY f'UH! !G $lA{k11F CMGNfno 2 ME 511, F�L,T4N� RiSw� War Ate M +�r' e� ih'�GL•ri �l4i. Ae... S 1616 k! 5£ � 6•c.i�7MN� RV.' t"TtA EF DttcN li•er %EV.SI..• T�lL teN. LEGE N[J • =7: • w...w. sr y. • =•e.•••I. .'7iTs•�i1i ��a'4 �w•''�.�irwr� �r�� +'�'SS��9w6' ii �.ri•i � � •S�i� w�. v.�iv.s��ea�r�rE.�w�rr s s•.. ��. .. s► s.., (III 11I11VIII1111111111VIIIIII1IIIIVIII11111111 3181271 MI/18/2004 0318P Welt County, CO 4 of 4 R 21.00 D 0.0) Stove Moreno Clerk I Recorder LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN LOT B OF RECORDED EXEMPTION 1051 -06 -1 -RE 1733 AS RECORD- ED JUNE 70, 1995 UNDER RECEPTION NO. 2443349 AND LOCATED IN THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6th P.M., WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER AND CONSIDERING THE WEST LINE OF THE EAST HALF OF SECTION 6 TO BEAR NORTH 00° 38' 35" WEST, AS MONUMENTED, AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 89° 15' 10" EAST, 118.94 FEET ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 01° 10' 55" EAST, 2681.12 FEET, ALONG THE EAST BANK OF A SEEP DITCH, TO THE SOUTH LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 89° 53' 36" WEST, 144.16 FEET TO THE CENTER CORNER OF SAID SECTION 6; THENCE NORTH 0° 38' 35" WEST, 2679.44 FEET ALONG THE WEST LINE OF SAID NORTHEAST QUAR- TER TO THE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 8.0936 ACRES, MORE OR LESS, AND IS SUBJECT TO ANY RIGHTS - OF -WAY OR OTHER EASEMENTS AS GRANTED OR RESERVED BY INSTRUMENTS OF RECORD OR AS NOW EXISTING ON SAID TRACT OF LAND. A TRACT OF LAND LOCATED IN LOT C OF RECORDED EXEMPTION 1051 -06 -4 -RE 2146 AS RECORD- ED MAY 19, 1998 UNDER RECEPTION NO. 2613898 AND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6th P.M., WELD COUNTY, COLO- RADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER AND CONSIDERING THE WEST LINE OF THE EAST HALF OF SAID SECTION TO BEAR NORTH 0° 38' 35" WEST, AS MONUMENTED, AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 0° 38' 35" WEST ALONG SAID WEST LINE, 2632.64 FEET TO THE CENTER CORNER OF SAID SECTION 6; THENCE NORTH 89° 53' 36" EAST, 144.16 FEET ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER; THENCE ALONG THE EAST BANK OF AN EXISTING SEEP DITCH BY THE FOLLOWING THREE (31 COURSES; 1) SOUTH 1° 10' 55" EAST, 28.86 FEET; 21 SOUTH 71° 42' 40" WEST, 54.29 FEET; 3) SOUTH 00° I7' 53" EAST, 2586.89 FEET TO THE SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 90° 00' 00" WEST, 77.12 FEET ALONG SAID SOUTH LINE TO THE POINT OF BE- GINNING; SAID TRACT OF LAND CONTAINS 5.1836 ACRES, MORE OR LESS, AND IS SUBJECT TO ANY RIGHTS - OF -WAY OR OTHER EASEMENTS AS GRANTED OR RESERVED BY INSTRUMENTS OF RECORD OR AS NOW EXISTING ON SAID TRACT OF LAND. Exk; s i- 3 4003070 Pages: 1 of 1 VeT4rent e4:Jn Rfl R Faa;=fJ 8@ D Feac e,la8 IIM1��1�118�h�Jh�I1t'rJNh�LI�jY /I III BARGAIN AND SALE DEED Know All Persons By These Presents, That 1 (We), THEODORE A. BUDERUS, pANIEL J. BUQERUS AND JULIE ANN BUDERUS whose address is 26246 Weld Cowry Road 45. Greeley, Colorado 80630, County of Eski, and State of Colorado, for VALUABLE CONSIDERATION (less than $500.00] in hand paid. hereby sell(r) and convey(s): AN UNDIVIDED ONE-HALF INTEREST TO THEOQORE A. BUDERUS AND SUSAN ILBI)PERUS. 3126 Ashton Avenue, Greeky, CO 80634, as joint tenants with right of survivorship; and AN UNDIVIDED ONE-HALF INTEREST TO DANIEL J. BUDERUS AND JULIE ANN BUDERUS, 19712 Comity Road 50.5, Wane, CO 80645, as joint tenants with right of survivorship: County of We]A, and State of Colorado, the following Real Property situate in the County of Add and State ofColorado. te wit: PARCEL I: LOT C OF RECORDED EXEMPTION NO. 1051 -064 -RE 2146, RECORDED MAY 19.1998 AT RECEPTION NO. 2613898. BEING A PART OF THE SE 1/4 OF SECTION 6. TOWNSHIP 4NORTH. RANGE 63 WEST OF THE 6TH P.M. COUNTY OF WELD, STATE OF COLORADO; AND PARCEL.: LOT B OF RECORDED EXEMPTION NO.1051-06-I-RE 1733, RECORDED JUNE 20, 1995 AT RECEPTION NO. 2443349. BEING A PART OF THE NE I/4 OF SECTION 6. TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. Together with 3 shares of Lower Latham Extension Ditch Company, and 3 shares of The Lower Latham Ditch Company, sad 2 shares of The Lower Latham Reservoir Company, and all irrigation and domestic wells and a Central Weld County Water District water tap; and All rift tide end imam d Gram« in eat q the fd6awre shun be included u o pen d the Minoan d"Red ►ecrenf' in dot deed LOA, load M^a a th b.d deny ramp «Ndwey, crated ee proposed. ...Wog she Red Property and in any snip, and ewes eland edjaeins the tot hope,, and (blAlla'eannen,*iatsdwey,prdWMHoene,&prone,ea,adalterrgMsandbenerAabdone, mnningwi,hlMowaerdo In my way rased a the Red Prepay, tad (el All devdrlp,rams fights wrvrya, weaa, suthoreatioee veriencee war vast public leave licensee pem.ie and approvde from any pvernmmW Amity Mein rd idiatim r ntrpal q de Res! ProaMy, ineltdinp, ,vitltwl timitatim, Zs" «cupney; and 10) All parodaim and ehn all, eebarhee aM epognphi W tntdlee and teao relating a rM Rid Pmpety, ad W All right tee and inWen &Greet: in ad to all nonefareNe wirier. warranties, repeutims, l ewer, sonnet riant and mietdlaaevus retie ifeey, with reepea a Yes Rm heresy end iu ePomlimi and I f) All boobs, recaCr, denteaals d «vAtlln rh amid d Gtetmr a Greari'a agrnu rclarne n the anmenhip, devdrpatrn,. ux, rand , evldemioe and maapean afro Reel hops.. and (e) All gibe way, wear rigbh, weeoondaerep), duels., ai.rA NO. erdk *end. teserveer, mono. tipJ1Y. dikes, Oibtn)jW aaba,knante. entbnnhrhrreent nets, pipe. iliOt4,mop A., ell, cam red end other Word ...ie drove riles la or spoons roa wedfar the bra. tide Reel Peva, irony. end ay ad d pare* node of to bo made to Omer, comeaioe therewith: and (b)AR doneea•aderi, rho, teal iaendads m.povmtaala m McRs Papery (aehdirt ibe not Woad a baese Word& leer. imptovemsab,n.e.e eedandoir dretenn,tnveroryt ore papa. des le ardor my be wed oath rho Red phony and to eperemfeybwings "ffi soedatad?"' hapany,andtaeerbawideseyotlterpnerytwudby0,eetataardwtlteRetPntaerly esdthedaedtheded wbeebaalab pepeelyieanplsooaeeadprepsety a tad6toarl igam mar♦wredbyt3rpta aaee tMeRaesiwddsdtbiedad, end Pot,' WEB (i) All trade aura. underarm tames r(elaa, kern sad other p array infasmatim 'Ad intaneible=KU, and Unburden, fa, claims spinal ahem fa afar imprapa gathered: eyed: if wry, owned by armor and aced i a c nnaetim with ,he Real Property a rte operation deny business tailored by Cantor on.. Rd popery also known by ,Vera and number fLR�irl SO. kE1t4fiY_CO [attic with all its appurtenances. P 't,igned and delivered this __IL__ day of W. SB i• Q 0 J..Bn A. dprlts)-- /tit 1400 Ann Riderus ATE OF COLORADO ) COUNTY OF WELD The foregoing instrument was acknowledged before me this 12 day of $Mgpdi! , 20�t y jheodeee A Sudaw. Denial J. EA, and Julie/ten B11dtt1tf. My commission expires AIL lE . Witness my hIe44cid_giileisi scat Nola, Public COLORADO DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW ite; t . _ in . Applicant: Theodore Buderus Case Number: RE -2146 Planner: Julie Chester Legal Description: SE4 of Section R63W of the 6th P.M., Weld County, CO. 6, T4N. Parcel Identification Number: 1 051 0600001 9 Lot C Size: 150 +1- acres Lot B Size: 5 +1- acres Lot A Size: 5 +1- acres Water Source: Well Sewer Source: Se ti Meets Criteria Yes No X X X X X X Criteria Checklist 1 Conformance with the Weld County Comprehensive Plan and any adopted municipal plan. 2. Compatible with the existing surrounding land uses 3. Consistent with the intent of the zone district. 4. Consistent with efficient and orderly development. 5. Complies with Recorded Exemption standards in Section 11.8 of the Weld County Subdivision Ordinance. 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Department of Planning Services has determined through the review, that the standards of Section 11.4.2.1 through 11.4.2.6 of the Weld County Subdivision Ordinance have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of the County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. Prior to recording the plat, the applicant shall: A. 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. 2) Prior to release of building permits on Lots A, B and C, the applicant shall submit evidence to the Department of Planning Services that the lots have an adequate legal water supply of sufficient quality, quantity and dependability. B. All approved accesses that be dearly shown on the plat C. The applicant shall submit the proposed location of a balding envelope on Lot C to the Department of Planning Services for review. Following approval by the Department of Planning Services, the proposed building envelope shall be delineated on the plat 4. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty (60) days from the date of approval by the Department of Planning Services. The applicant shall be responsible for paying the recording fees. pate February 17. 1998 Julie A. Chester 4. Current Planner Hello