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Home My WebLink About20232455.tiffRESOLUTION RE: APPROVE PARTIAL VACATION, VAC23-0043, OF TWO -LOT RECORDED EXEMPTION, RE -1733, FOR REMOVAL OF LOT B - 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 May 31, 1995, the Board of Weld County Commissioners approved Two -Lot Recorded Exemption, RE -1733, 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 B of Recorded Exemption, RE -1733, located on the following described real estate, to wit: Lot B of Recorded Exemption, RE -1733; being part of the NE1/4 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 Two -Lot Recorded Exemption, RE -1733, for removal of Lot B, be, and hereby is, approved, subject to the following condition: 1. As described in Sections 24-11-50.H and 24-11-50.1 of the Weld County Code, the applicant shall submit an exemption vacation plat and deed to the Department of Planning Services within ninety (90) days for review. Upon acceptance, the plat shall be signed by the property owners and shall be submitted for recording, along with the recording fee, to the Department of Planning Services. The vacation is in effect the date of recordation of the land survey plat with the Weld County Clerk and Recorder. c c : PL (ERiMW /Ko). R PPL . O2/os/99 4935526 Pages: 1 of 3 12/14/2023 10:59 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII MIC11,CIAL'I iIMfir' frilir:il 11111 2023-2455 RE -1733 PARTIAL VACATION, VAC23-0043, OF TWO -LOT RECORDED EXEMPTION, RE -1733, FOR REMOVAL OF LOT B - 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: ditiu,,) Weld County Clerk to the Board BY. U(,0I7-1- Deputy Clerk to the Board OVED ' • FORM: Coun ttorney Date of signature: /ZI)z3 Mike F eman, Chair Pro-Tem Perry L. B Scott K. ine 4635526 Pages: 2 of 3 12F14/2023 10:59 00 R Fae:$0.00 Carly Koppas, Clark and Racordar, Wald County , 00 2023-2455 RE -1733 Vacation of Lot B of Recorded Exemption No. 1051-06-1 RE -1733 which is Recorded At Reception Number 2443349 on 06/20/1995 Situate in the NE4 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 original Plat Recorded At Reception Number 2443349 on 06/20/1995 is incorporated by reference because this is a Partial Vacation of an existing Lot Bin an existing 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 B Below is Appendix G to Weld County Code 24-11-50 APPENDIX 24-G - Vacation Plat Cer5Bc1ses Amended by OrdinanceNo 2022-09 A. PROPERTY OWNERS' CERTIFICATE: We, the undersigned, being the sole owners in fee of the above d — . ibed property, do hereby vacate the land division plat or record, now recognized as an unplatted . o land. .e;di�� , Theodore A. Buderus Da iel J. Buderus Buderus Susan H. Buderus 134:64".• State of Colorado County of Weld 4 Before me, theyndersigned, a Notary Public, within and for said County and State, on the / d y AJv of La �e -r 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 officl= seal the - -y and a st above written. My Commission Expires: I/ L.SI L 4 - Notary Public State of Colorado DOUGLAS C. SEELY NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20054027261 MY COMMISSION EXPIRES JANUARY 15, 2027 4939526 Pages : 3 of 3 12/14/2023 10:59 AM R Fee:$0.00 Carly Kopp's, Clark and Recorder, Weld County , CO "Ill DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Board of County Commissioners From: Kim Ogle, Planning Services Case: VAC23-0043 Hearing Date: August 21, 2023 Subject Partial Vacation of Recorded Exemption RE -1733 Owners: Theodore A Buderus, Daniel J. Buderus, Julie Ann Buderus and Susan H. Buderus Legal Description: Lot B of Recorded Exemption RE -1733; being a part of NE4 of Section 6, T4N, R63W of the 6th P.M., Weld County, CO Location: South of and adjacent to County Road 50, west of and adjacent to County Road 63 Parcel Number: 1051-06-0-00-018 Total Parcel Size: +/- 148 acres Zone District: A (Agricultural) Summary: Theodore A Buderus, Daniel J. Buderus, Julie Ann Buderus and Susan H. Buderus request to vacate Lot B, being the largest lot of a two Lot Recorded Exemption RE -1733, recorded June 20, 1995, reception #2443349. This partial vacation of Lot B of RE -1733 would result in an approximate 148 acre unplatted parcel. Lot A of Recorded Exemption RE -1733 is not a part of this action. Lot B has direct access onto CR 50 and CR 63. Planning Services - Development Review has no concerns with regard to the vacation of Lot B. 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. 2023-2455 7E-1733 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 -1733 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 6th PM. William and Noblet Danks (collectively, "Dunks") 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 Danks Recorded Exemption RE 1480 discovered this, the property description he drafted for the Danks parcels imposed the proper BLM distances to the Danks 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-R63W 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 Quarter Corner. This same surveyor applied the same new monument locations to the Dunks property in the SE4-S6-T4N-R63W when creating the plat for RE1479. These monument locations were again applied in 2009 to Dunks' Recorded Exemptions when re-recorded as RE4882 and RE4883. There was no subsequent action by Dunks 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 Danks' 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 Pursuant to CRS 38-35-109(5) was recorded as Reception 3181271 on 05/18/2004 ("Affidavit") in which the Danks 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 going 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 Danks request for a quit claim deed, and declaring that Danks shall cooperate with Buderus and submit a Joint Lot Line Adjustment Application and share the proportionate expense of the same. in tate 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 Dunks 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 Danks' 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 Dunks, as the Lot Ds in Danks' 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 or 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 -SO 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 bSusan I -I. Buderus Daniel I Buderus . Buderus altw.rte Vacation of Lot B of Recorded Exemption No. 1051-06-1 RE -1733 which is Recorded At Reception Number 2443349 on 06/20/1995 Situate in the NE4 of Section 6, Township 4 North, Range 63 West of the 6,1, County of Weld, State of Colorado 'NCR 50 fi CR SO CR 33 WCR 5G W CR 5C Vacation of Lot B of Recorded Exemption No. 1051-06-1 RE -1733 which is Recorded At Reception Number 2443349 on 06/20/1995 Situate in the NE4 of Section 6, Township 4 North, Range 63 West of the 6th 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 2443349 on 06/20/1995 is incorporated by reference because this is a Partial Vacation of an existing Lot B in an existing 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 B Below is Appendix G to Weld County Code 24-11-50 APPENDIX 24-G - Vacation 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 Colorado 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, Loren Shanks, 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: Registered Land Surveyor The Plat Recorded at Reception #2443349 on 06/20/1995 entitled Recorded Exemption Number 1051-06- 01 RE 1733 is incorporated by reference. The original Plat is incorporate by reference because this is a Partial Vacation of an Existing Lot B in an existing specific Plat. Robert A. Short, A Registered Professional Land Surveyor of McRae & Short, Inc.,# 7242 made the Plat Recorded at Reception #32443349 on 06/20/1995 as shown above. Lot B of Recorded Exemption Number 1051-06-01 RE 1733 was not previously surveyed. Loren K. Shanks, A Registered Professional Land Surveyor of UELS, LLC # 28285 made the vacation Plat of Lot B as referenced above. Attached as Exhibit A is the Property Description by Loren K. Shanks of UELS, LLC, Registered Professional Land Surveyor of UELS LLC # 28285. His certificate states that the metes and bounds descriptions in Exhibit A is a correct legal description of Lot B, 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 the Vacation Plat Number 1051-06-01 RE 1733 and 2. the Surveyor's Certificate on the Property Description Exhibit A by Loren K. Shanks of UELS, LLC Vacation of Lot B of Recorded Exemption No. 1051-06-1 RE -1733 which is Recorded At Reception Number 2443349 on 06/20/1995 Situate in the NE4 of Section 6, Township 4 North, Range 63 West of the 6t, P.M., County of Weld, State of Colorado WCR 50 w CRi9 An2gyy�yq I;nv of Vc:+. cs zso99 � f,..csts. (a �OC��YOr1 u. 2(140 ArE Ccr c5ee G 7,4 . j...7 ...L. 04,ej...7 zzovs Z:s 7Zo98 • IY6auw+eaka �ouwd Rs .'Lisle abed O Ms.wrneai�s CScF 4s. 'Jt�J2 ua' atop' Niso' sw" nlorE : .$aaa ,F gs ' A(�wMe CSa'rrryed. Y4s .04 V..e: iir NG'(K :Sx.4. rant. 4as'WT, Yb bear C3119,13' 2ra as. �rnenitd. CORD JUDE 3, EXEMPT/ON NO. 'RE A. BUDERUS 8 0 vk"FOOiL PUKE IU, CO BC637 LOI B of AMENOEi RECOWUEU E:0 NU IOSI-06-1- iN 6001( , REC EVTIOK N(1. _ NE1D COQ.,. SECTION G, TDYrSHIP 9 NO6TN RANSE 63 WEST OT . BOOMS AND CA, MaJOILEY B.IUAhTAL, NcCAULEY UNDERSI AORICULTUR THE ANOUCE OF OTHER USES BY Rf6Ni, ACCESSORY HEREBr DEECRTE, FOR PAL RENEEIT OF THE PROPERT FOR r Fun. Smut colt DESU ULD NUIE.. .c STA:F Of 'Tr ff. LUUA: Y OF ,l E.. 1. ECDROEJ S ANU-OCATED IR' THEEAST P. M., NEIO COUI:TY, COL ORAUO. BY SPECIAL. R EU er rx erwrrr ar as.nstmr; ercatsrw rarresHr .rYv .nArawr,..r rtrt.wr seen se- JXSMYr al K -- - rwr rter, r>,r fettarrrt Ma r.4rK.0r•Nf enrr NrrL fYOvr Hen[aw •Yr ,wr et twrtrrT. ee[ � Ow apreet r ©srtrwlt ew sq retr wrra ery r rrr esri&ra tyrl ra ttul4tp w. rar rW1 tsrrrrtr err tr4tt KHar MrII writs avr 4Cl(c) rN KY.O r r arnwr twesf Jrw .vrrr .w r(- 1(171-,0 rPfr lbrer. nr a0 -E aer . r+n ftrrw�iser� eaA� .ry r(wt twrr. rr caw+r+rd rnK n+�r r/.v rcwat fta✓ rdf aR of r af'cRA�F. $ ,SN 7;; /NC ( lcaa ►Ystre> tat E r.aka Sec 31 VACATION PLAT OF LOT B OF RECORDED EXEMPTION No. 1051-06-1-VRg1.733, BEING A PORTION OF THE NE1 /4 OF SECTION 6, summers NorEs TOWNSHIP 4 NORTH, RANGE 63 WEST, 6TH P.M., aF,CM[a W[ iECCNAEa 10 I•E aD ry uxE a ix[ [./. ,Cc ,. AN. Af]x ,„ . w WELD COUNTY, COLORADO rDR 'eS aDxn:1 ts."Z LKw?D, tl 4••+C1na i rAt µC ZO na5 .r [C:CPIiOx w L..ssw b DL [aLa�'a a <:{ a,[,1r. 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A[ Vr C?IN11A :vw[t ._ W.n f[ ur N..O ,ND Y.yt yl,•R ay„C 5iM1IE IX [OllAW0 luE r4[C0,0 c:irr 0.0.1 w,5 .f"ND'w. 1.0 of -di[ K n YAu�FI J eu0[Au3 wC h.IR M1ryn 9j1'[Iri.5 ]0.. �. _ 9r xv [auacC. tee. i 00..YI Ada I••� b � •nnr<.e1[sa . •f<rM1r b Yp• I�if ,'.[.'i0n Ply 0 ,•P,Oy1D yr �xi 60.x0 N. 1JVy v a•1y5cDu 45 a .D�ODNtt. Sr.iCTCD.OM00 � - - Ctieete 1000 b[.r--,-rnc� VJCINITY MAP '44syWaZHmyt tmnrc.v . !.M. t41 1 Al iy1 fi, istr ivs1Cp�,� - . NY . Y Yit y •�aa•1 ^•OraA9NY � NI.K'9 b• THEODORE I BWEItU guSATi ti BUDERUS DANIEL J. BUDERUS AND JULIE ANN sumps rngrat,.=. ',NORM weeeecSere Coy4wdlla •tiftnre to ran �'tt+aLLT iN7� •. WAR�hiMr Jan Warwick From: Sent: To: Subject William Danks <wcdanks@edanks.com> Wednesday, July 26, 2023 4:45 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.com> 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 <bbarkerPweld.gov>; Bruce Barker <bbarker@weld.gov>; Kim Ogle <kogle@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, Daniel, Julie Ann, and Susan Buderus 26246 County Road 45 Greeley, Colorado 80631-9756 Request: Partial Vacation, VAC23-0043, of Two -Lot Recorded Exemption, RE -1733, for Removal of Lot B Legal Description: Lot B of Recorded Exemption, RE -1733; being part of the NE1/4 of Section 6, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado Location: 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 -1733 Owner Address LINDA DUNCAN AND ASHLEY GRONLIE 30932 COUNTY ROAD 50 THEODORE, DANIEL, JULIE ANN, AND SUSAN BUDERUS 26246 COUNTY ROAD 45 City KERSEY GREELEY State CO CO Zip 80644-9542 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 -1733, in the United States Mail, postage prepaid First Class Mail as listed above. m Ui [T' CI 0 MI U, sis rR Dated the 9th day of August, 2023. OA ()Si Iy A� Janet M. Warwick Deputy Clerk to the Board U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com 74 tumo 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 PS Form 3800, Apri, 2015 PSN 7530-02-000-9047 Postmark Here a a N 11 U.S. Postal ServiceeM CERTIFIED MAIL° RECEIPT Domestic Mail Only mbist) e For delivery information, visit our website at www.usps.comr. Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ O Certified Mail Restricted Delivery $ ❑ Adult Signature Required $ Adult Signature Restricted Delivery $ Postage Total Postage and Fees $ / tt)et PLC) St{iSentC ,C;�'1 f Stre�ar�d A� IVQ cy PO�xNo. 4 45 3i-• q75 Postmark Here jititgam-: City, SegvI - sof PS Form 3800, April 2015 PSN 7530-02-000-9047 el 3 3 �� .. 5 21 SENDER: COMPLETE THIS SECTION . COMPLETE THIS SECTION ON DELIVERY ■ 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. 6:ed:irei5dLoanc,0! fhLLA1 /�baniCl�VnJ�i� seq3i,,�Qd256 KLA4304 e -D got's:4—'164i IIIN�I IIII lulllll IIIIIIIIIIIIIIIIII�II III 9590 9402 7686 2122 8613 86 A. Sig yaatuce GUL B. Received by (Printed Name) ❑ Agent ❑ Addressee C. Date of Delivery D. Is delivery press different from item 1? 0 Yes If YES, enter delivery address below: 0 No 7 Artinln Ns mhnr /Trancfpr frnm cantina Iahc I1 7017 1450 0000 9674 5363 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 Vlail vlail Restricted Delivery )0) ❑ Priority Mail Express® ❑ Registered MailTM O Registered Mail Restricted Delivery ❑ Signature ConfirmationTM O Signature Confirmation Restricted Delivery Domestic Return Receipt WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/24/2023 1:49:27 PM 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. vQn ldQ,1 t.,)*) ciL (zz4 1 ZCtL3 Signature Date Property Owners Within 500 Feet of Parcel # 105106000018 Account Parcel Owner Mailing Address R8943745 096531300002 R & R FARMS LLC 24334 COUNTY ROAD 61 KERSEY, CO 806449508 R4593007 096531400001 GAUSS JAMES D 30859 COUNTY ROAD 50 KERSEY, CO 806449541 R8976895 096531400004 CARLSON GENE S 30899 COUNTY ROAD 50 KERSEY, CO 806449541 R8075400 096531400034 CORLISS JODELL M R8075400 096531400034 CORLISS DOUGLAS E 30873 COUNTY ROAD 50 KERSEY, CO 806449541 R8075600 096531400036 R&R FARMS LLC 24334 COUNTY ROAD 61 KERSEY, CO 806449508 R8941988 096531400040 GOMEZ DESTINY LEANN R8941988 096531400040 GOMEZ MARIO JOSE 30665 COUNTY ROAD 50 KERSEY, CO 806449541 R0533001 105105000022 BERGERS DAYNA R Parcels: 18 Owner Records: 35 Page 1 of 5 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/24/2023 1:49:27 PM 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. (itij 1 k) CIA lOlI c�c. •'-� Signature ZL4(VZ3 Date Property Owners Within 500 Feet of Parcel # 105106000018 Account Parcel Owner Mailing Address R0533001 105105000022 NEWMAN TOMMY N 23400 COUNTY RD 63 KERSEY, CO 806449227 R7371397 105105200014 DUCHENEAUX THELMA L R7371397 105105200014 DUCHENEAUX DOUG A 23850 COUNTY ROAD 53 KERSEY, CO 806449008 R8956302 105105200031 AXTON ALAN A 23502 COUNTY ROAD 63 KERSEY, CO 806449226 R0061388 105106000014 SHAW RAN DEE R0061388 105106000014 SHAW ANDREW 30770 COUNTY ROAD 50 KERSEY, CO 806449542 R0354195 105106000017 12'14 DUNCAN LINDA GAYLE R0354195 105106000017 Lt) -1- A GRONLIE ASHLEY 30932 COUNTY ROAD 50 KERSEY, CO 806449542 R0354295 105106000018 BUDERUS DANIEL J Parcels: 18 Owner Records: 35 Page 2 of 5 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/24/2023 1:49:27 PM 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. vanhittA 1a 1 ZDa3g Signature r1!Z4 Date Property Owners Within 500 Feet of Parcel # 105106000018 Account Parcel Owner Mailing Address R0354295 105106000018 Ufa BUDERUS JULIE ANN R0354295 105106000018 3 BUDERUS SUSAN H R0354295 105106000018 1,14-13 BUDERUS THEODORE A 26246 COUNTY ROAD 45 GREELEY, CO 806319756 R6777293 105106200027 DANKS NOBLET B R6777293 105106200027 DANKS WILLIAM C 5435 E 2ND AVE DENVER, CO 802205866 R6777294 105106200028 DANKS NOBLET B R6777294 105106200028 DANKS WILLIAM C 5435 E 2ND AVE DENVER, CO 802205866 R6777295 105106200029 DANKS NOBLET B R6777295 105106200029 DANKS WILLIAM C 5435 E 2ND AVE DENVER, CO 802205866 Parcels: 18 Owner Records: 35 Page 3 of 5 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/24/2023 1:49:27 PM 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. L6ovilack 124! 2-070Signature Date Property Owners Within 500 Feet of Parcel # 105106000018 Account Parcel Owner Mailing Address R6777310 105106300033 DANKS NOBLET B R6777310 105106300033 DANKS WILLIAM C 5435 E 2ND AVE DENVER, CO 802205866 R7527898 105106400020 BAUER RUBY R7527898 105106400020 BAUER BRYAN PO BOX 804 KERSEY, CO 806440804 R7528098 105106400022 BUDERUS DANIEL J R7528098 105106400022 BUDERUS JULIE ANN R7528098 105106400022 BUDERUS SUSAN H R7528098 105106400022 BUDERUS THEODORE A 26246 COUNTY ROAD 45 GREELEY, CO 806319756 Parcels: 18 Owner Records: 35 Page 4 of 5 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/24/2023 1:49:27 PM 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 # 105106000018 Parcels: 18 Owner Records: 35 ctn ticvao Signature Date Page 5 of 5 PLAT VACATION APPLICATION RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS FOR PLANNING DEPARTMENT USE: DATE RECEIVED: AMOUNT: $ CASE # ASSIGNED: j(g APPLICATION RECEIVED BY: PLANNER ASSIGNED: (1 - PLAT INFORMATION Title of plat to be vacated: Lot B RE -1733 and Lot C RE -2148 S 6 T 4 R 63 ❑Complete Vacation (must include all lots) Partial Vacation (vacated lots must be over 35 acres each) List of lots to be vacated; Lot Parcel Number Acreage Affer_tarl B 105106000018 148.000 Shared Access for Lot A and Lot B this plat C 105106400022 146.710 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: grals2®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 (Wel hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application. If the fee owner is a corporation, evidence must be included indicating the signatory has the legal authority to sign for the corporation. I (We) have read and agree to comply with the regulations for complete or partial vacation of recorded exemptions or subdivision exemptions. - Wei s c•.-.�. 444 s 4 r Lj gnature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date // Theodore A. Buderus Print: Owner or Authorized Agent Susan H. Buderus Print: Owner or Authorized Agent I 11111 Mil INIIII II11111111111111111111111 3181271 06118/2004 03:0W Weld County, CO 1 of 4 R 21.00 0 0.00 Steve Memo Clerk & Recorder RECORDER'S MEMORANDUM THIS DOCUMErif WAS FOUND TO BE INADEQUATE FOR SCANNING PURPOSES. AFFIDAVIT OF BOUNDARY PURSUANT TO CRS 38-35-109(5) Whereas, Noblet B. Danks and William C. Danks are owners of property in the NW '/o and the SW '/ of Section 6, Township 4 North, Range 63 West of the 6`h P.M. Weld County Colorado which has a common boundary with property owned by Theodore A. Buderus, Daniel J. Buderus, Julie Ann Buderus in NE '/. and the SE %. 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-RE1480 recorded on July 21, 1993 under Reception No. 02342072 and Recorded Exemption No. 1051-6-3-RE1479 recorded on July 21, 1993 under Reception No. 02342071. Date: hlon c� ��Qy Ardent/ Noblet B. Danks st4m... G . •.1 cL. �/1/L .. Willaim C. Danks 1 111111 NMI 1111111 1111 1111 Mil111111 I 3181271 05/1812004 03:58P Weld County, CO 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 (4 ..( Z ,' , 2004 by Theodore A. Buderus _% / -- - - Commission G:p:r:,,, My commission expires: 5/1M5 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: ,s'419/0.4F--- Witness my hand and official seal. State of Colo County of 4 SS The above instrument was acknowledged before me on by Noblet B. Danks and William C. Danks My commission expires: /s Witness my hand and official seal. critt D.kHLENOILIRY NW LC STA IE nr COtc noo 2 tary Public Notary Public Notary Public 2004 b . � • utr� � ••rs 1Yi>iR�W � ; wi w. .i.l► t. 11►►YY.L►► •�.�G � tR fw IM91� I yf a� fro � yif �K• A.r.it•Mf•k. RE rab X1916 SEEP 9lTGN L. NEV. &r.4 r,•e} :, NEIr sf•:.s T1tL x3Y_ _ A.w - S.16 Act SE*, SSW SAIg H6 N'.iCaLP WTCN \S% Mc.►.T1t1, 16., 'In SEl4 5..4 ItioAL h �► « a•7•wL3 1 9ca1e: '•up' LEGEND •5xN • llr...•HA Sr M •a...+31V AK �LM•N • !M 4.‘" t/10'Lb'IGOY AL Min► Nl'4L.�Qns l4f hra Mt0 � wLwriY�irrixZw�o r�""i�r..�ww�I w' r�f:Silwlr.rw.r.>....I..r.Tri . ra I fr Jorl . r •..i�.wr 1.r�L.. 4. 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A• LUJD of Pl.Atr' 1 I[111H111uIIIIIII111I1111111I1111111NIIINI11ijhll 3181271 R 21.00 0 0.00 Steveoreno CWo05118/2004 03:68P Weld econtly� 00 4of 4& Recorder LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN LOT 8 OF RECORDED EXEMPTION 1051 -06 -1 -RE 1733 AS RECORD- ED JUNE 20, 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 BEST 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 (3) COURSES; 11 SOUTH I° 10' 55" EAST, 28.86 FEET; 21 SOUTH 71° 42' 40" WEST, 54.29 FEET; 3) SOUTH 00° 17' 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 LANG CONTAINS 5.1838 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. 1Lxh,b;4- . Sues of CO DANIEL J. EMDERUS I IlIHI1101IIIII0IIII INIII Ii II I III IIlI1tI1IlII 2700013 06/0312000 03:24P JA Sold Teukamoto 1 of 1 R 6.00 D 0.00 Weld County CO C� /6) QUIT CLAIM DEED THIS DEED, Made dna lot day of May , 2000 , betwsea C. W. NCCADLRY AND JUANITA L. MCCAMLEY AND THEODORE A. ammo AND DANIEL J. ...US of the acid County of WELD and State of CO , grantor, and TH80130. A. MMUS AND DANIEL J. BUDISRIIS AND JIILIE ANN BUD.RUS, AS JOINT TENANTS whose legal address is 36246 NCR 45 GREELEY,CO. 80631 of tha said County of WELD and Stets of CO p:c;;; 4-'35/ WITNESS, that the grantor, fur and in consideration of. sum of Ten dollars and other good and valuable consideration DOLLARS, the receipt mad sufficiency of which to hereby acknowledged, bas remGoed, released, sold, conveyed, end QUIT CLAIMED, and by these presents, do remise, release, Mimi, and Quit Claim unto the grantee, his heirs. aaccesrors end assigns, forever, all the right, title, interest, cisim sod demand which the grantor has in and to the reel propsry, mgethar with improvements, if any, situate, lying and being in the said County of +D and State of Coleco,. described aa fallow: PARCEL It LOT C OF RECORDED EalDEPTION NO. 1051 -06 -4 -RE 2146, RECORDED NAY 19, 1990 AT RE0001IO0 N0. 2613890, BEING A PANT OF THE SE 1/4 OF SECTION 6. TOWNBHIP 4 NORTH, RANGE 63 NEST or THE 6TH P.N. cowry OF WELD, STATE OF COLORADO. PARCEL 2t LOT B OF RECORDED EXEMPTION N0. 1051-06-1-Ra 1733, RECORDED JUN. 20, 1995 AT RECEPTION NO. 2443349, 00000 A PART OF TIM NE 1/4 OP SECTION 6, TOMMNMEI., 4 NORTH, RANGE 63 =ST OF TILE 6. P.N., COMITY OF WELD, STATE OF COLORADO. Togetherwith 2 1/2 shares of Lower Latham Extension Ditch Company water stocks and 3 shares of The Lower Latham Ditch Company water stocks and 2 shares of The Lower Latham Reservoir Company water stocks ae known by street end number os: NCR 63 a 50, KERSEY, CO 00644 TO NAVE AIVDTO Nt?I D the eerae, eogetMr wh1 aD seal starer the tppmessanose sad privileges ism.. belonging or in any- wise therm. appertatn0g, and all the came. right. dda. tstror and aloha whatsoever, of tbo grantor, tither bt taw or equity, to do* Daly propes use, boo.. and brace{ of the grantee, Ina ...sad amigos brow. Tito Angular number shall {triode the plural. the plural and the singular. and the am of, pada dWl ba applicable to all radon. IN WITNESS WHEREOF the grantor has summed the deed ea the dare sat fmth above. )u. County of WELD The f.rogobg inwmem was arkrrowledg04 before ms tbIs1x1 day o! May , 2000 p by C. N. NCCADLEYnAND JMTANITA L. NCCAIILEY AND THEODORE A. HIIDEADS AND µ-••--q,9 My commission expires January 31, 2022 . Wtmess my Ltl ssal. ang'.EY"Cp;58UDERDS /4 ,.�. 30631 emer RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION #1733 - BUDERUS/MCCAULEY 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, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10)(d), CRS, as amended, did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption #1733, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land", and WHEREAS, the request for Recorded Exemption #1733 was submitted by Theodore and Daniel Buderus and C. W. and Juanita McCauley, 26246 Weld County Road 45, Greeley, Colorado 80631, for property which is known as Lot B of Amended Recorded Exemption #708, which is located in part of the NE'/4 of Section 6, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado, being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A", said plat to be recorded, and WHEREAS, this request is to divide the property into parcels estimated to be approximately 150 acres and 8.5 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land". BE IT FURTHER RESOLVED by the Board that Recorded Exemption #1733 submitted by Theodore and Daniel Buderus and C. W. and Juanita McCauley be, and hereby is, approved conditional upon the following: 1. A Weld County septic permit is required for any proposed home septic system. It shall be installed according to the Weld County Individual Sewage Disposal System (ISDS) regulations. 2 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 days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fees. 951106 RE1733 de- PG; £ w s j Johns RE: RE #1733 - BUDERUS/MCCAULEY PAGE 2 3. There shall be no new access allowed to either Lot A or Lot B. Prior to recording the plat, the applicant shall show on the plat a common access easement located on Lot B between Lot A and Lot A of Recorded Exemption RE #708, which shall provide access to both Lots A and B. Said easement shall be dedicated on the plat for the use shown using the language set forth in Section 11.7.12.5 of the Weld County Subdivision Ordinance. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of May, A.D., 1995. BOARD OF COUNTY COMMISSIONERS LD COUNTY, OLO' ' DO Deputy Clerk to the Board APP' • ' AS TO FOR Attorney Dale . Hall, Chairma Barbara J. Kirkmeyer ro-Tern ALA Georg#'E. Baxter Constance L. Ha • rt W. H. Webster 951106 RE 1733 Hello