HomeMy WebLinkAbout20231087.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION, VAC23-0009, OF TWO -LOT RECORDED
EXEMPTION, RECX17-0066, FOR REMOVAL OF LOT B - BTZ LAND, LLC, AND
DONNA MAST
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 June 9, 2017, the Department of Planning Services approved Two -Lot
Recorded Exemption, RECX17-0066, and
WHEREAS, the Board has received a request from the current property owner, BTZ Land,
LLC, and Donna Mast, 9709 Alkire Street, Arvada, Colorado 80005, represented by Ehrhart Land
Surveying, LLC, do John Ehrhart, 77 Erie Village Square, Suite 290, Erie, Colorado 80516, to
vacate Lot B of Recorded Exemption, RECX17-0066, located on the following described real
estate, to wit:
Lot B of Recorded Exemption, RECX17-0066; being
part of the N1/2 NE1/4 of Section 14, Township 1
North, Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of the
Department of Planning Services staff and all of the exhibits and evidence presented in this matter
and, having been fully informed, deems it advisable to approve said partial vacation, and makes
the following findings:
1. No property will be left without access to a public road right-of-way as a result of
the vacation.
2. No property resulting from the vacation will continue to use any access across any
other lots within the exemption plat.
3. No easements are being included in this vacation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of BTZ Land, LLC, and Donna Mast, for Partial Vacation of
Two -Lot Recorded Exemption, RECX17-0066, for removal of Lot B, be, and hereby is, approved,
subject to the following condition(s):
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.
4894948 Pages: 1 of 2
04/27/2023 01:12 PM R Fee:$0.00
Carly Kopp., Clerk and Recorder, Wald County , CO
%w E' 111
c�c •. Parr /KW /►-tN), APPL.,RPP�. REP
oS/o t / 23 2023-1087
RECX17-0066
PARTIAL VACATION, VAC23-0009, OF TWO -LOT RECORDED EXEMPTION, RECX17-0066,
FOR REMOVAL OF LOT B - BTZ LAND, LLC AND DONNA MAST
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of April, A.D., 2023.
ATTEST: ddtAvo W ;4,
Weld County Clerk to the Board
ounty . rney
Date of signature: of/25/23
4894948 Pages: 2 of 2
04/27/2023 01:12 PM R F..:$0.00
iiiiktPapaiiiPriatt,
r, ilifiiiiiiia , CO
K, 'law 11111
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
itrLD
0
evin D. Ross
4,4)..:,.. 257,A4,4.
Lori Saine
2023-1087
RECX17-0066
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Weld County Board of County Commissioners
From: Molly Nelson, Planner
Subject: Partial Vacation of RECX17-0066
Hearing Date: April 17, 2023
Owners: BTZ Land LLC & Donna Mast
Representative: Ehrhart Land Surveying LLC c/o John Ehrhart
77 Erie Village sq. Suite 290
Erie CO, 80516
Legal Description: Lot B of Recorded Exemption RECX17-0066; being the NE4 of Section14, T1 N, R67W of
the 6th P.M., Weld County, CO
Location: West and adjacent of County Road 23; south of and adjacent to County Road 10
Parcel Number 1469-14-1-00-018
Total Parcel Size: +/- 74.7 acres Zone District: A (Agricultural)
Summary:
The applicant requests to vacate Lot B, being the largest lot of a two -Lot Recorded Exemption RECX17-
0066, recorded August 17, 2017, reception #4327837. This partial vacation of Lot B of RECX17-0066 would
result in an approximately 74.7 acre unplatted parcel. Lot A of RECX17-0066 is not a part of this action.
Vacation Criteria:
The Vacation of a Recorded Exemption plat criteria are detailed in Chapter 24, Article XI of the Weld County
Code, being the Obsolete Land Divisions Article within the Weld County Subdivision Ordinance.
Section 24-11-10. A of the Weld County Code, states in part: "Previously approved Recorded Exemptions
and Subdivision Exemptions may be amended, corrected, or vacated."
Section 24-11-50 of the Weld County Code, provides specific criteria for the vacation process. The
processing of this vacation and memorandum have been prepared in accordance with this Code section.
Section 24-11-50. A of the Weld County Code details the items to be submitted by the property owners in
order to request a complete or partial vacation of an exemption. The submitted materials were deemed
complete and include the vacation request letter and the draft vacation plat map.
Section 24-11-50. B of the Weld County Code allows for partial vacations, which may be used to vacate
the largest lot within a Recorded Exemption plat, which is greater than thirty-five (35) acres in size, without
affecting the remaining lot(s) within the same plat. The submitted vacation request complies with this code
section.
2023-1087
Vacation of Lot B of RECX17-0066 I BTZ Land LLC t��cX I'1 - tO(Lp
Page 1 of 2
Recommendation:
The Department of Planning Services staff has reviewed this request and recommends that this request be
approved by the Board of County Commissioners subject to the following condition.
A. If the vacation request is approved by the Board of County Commissioners, the vacation plat shall
be submitted to the Department of Planning Services for review in accordance with Sections 24-
11-50.H and I of the Weld County Code. Upon acceptance of the plat, the plat shall be signed by
the property owners and shall be submitted for recording with the recording fee to the Department
of Planning Services. The vacation is in effect the date of recordation of the land survey plat with
the Weld County Clerk and Recorder.
Vacation of Lot B of RECX17-0066 I BTZ Land LLC
Page 2 of 2
[HH1V-RT
LAND SURVEYING
January 9, 2023
To: Weld County Planning& Zoning Department
RE: VACATION OF LOT B OF RECX17-0065 and LOT B OF RECX17-0066
The owners of above referenced lots respectfully request to vacate the lots from the existing Recorded
Exemption Plats. The land consists of agricultural farm land, and has no improvements other than oil
and gas facilities. There are existing access easements to the lots across the Lot A on both parcels.
Sincerely,
John P. Ehrhart, PLS
Authorized Owner's Representative
OFFICE: 303-828-3340 • P.O. Box 930 • Erie, Colorado 80516
www.coloradols.com • john@coloradols.com
VACATION OF LOT B RECORDED EXEMPTION NO. 1469-14-01 RECX17-0066
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TOTAL MFA: WNTNNS ].491.251 56 FT. OR TS.Ib ACRES MORE OR IESS
BURVEYOR'S NOTE.
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RECORDED EXEMPTION NO. 1469-14-01 RECX17-0066
BEING A PART OF THE NORTH HALF OF TIIE NORTHEAST QUARTER OF SECTION 14,
TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M.
COUNTY OF WELD, STATE OF COLORADO
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SURVEYOR'S NOTES
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RACRYENT CRRT_IYICATE:
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S'ET:
1 OF 1
CATE: RenT
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public
hearing will be held in the Chambers of the Board of County Commissioners of Weld County,
Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley,
Colorado 80631, at the time specified.
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five
days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting
party. In accordance with the Americans with Disabilities Act, if special accommodations are
required in order for you to participate in this hearing, please contact the Clerk to the Board's
Office at (970) 400-4225, prior to the day of the hearing.
The complete case file may be examined in the office of the Clerk to the Board of County
Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631.
Email messages sent to an individual Commissioner may not be included in the case file. To
ensure inclusion of your email correspondence into the case file, please send a copy to
egesick@weld.gov.
Date: April 17, 2023
Time: 9:00 a.m.
Applicant:
BTZ Land, LLC, and Donna Mast
9709 Alkire Street
Arvada, Colorado 80005
Ehrhart Land Surveying, LLC
c/o John Ehrhart
77 Erie Village Square, Suite 290
Erie, Colorado 80516
Request: Partial Vacation, VAC23-0009, of Two -Lot Recorded Exemption, RECX17-0066, for
Removal of Lot B
Legal Description: Lot B of Recorded Exemption, RECX17-0066; being part of the N1/2 NE1/4
of Section 14, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado
Location: West of and adjacent to County Road 23; south of and adjacent to County Road 10
(see Legal Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: April 5, 2023
ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
RECX17-0066
Owner
GLORIA RUIZ
Address
3765 COUNTY ROAD 23
BTZ LAND, LLC, AND DONNA MAST 9709 ALKIRE STREET
EHRHART LAND SURVEYING, LLC
C/O JOHN EHRHART 77 ERIE VILLAGE SQUARE, SUITE 290 ERIE CO 80516
City State Zip
FORT LUPTON N CO 80621-8401
ARVADA CO 80005-1317
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, RECX17-0066, in the United States
Mail, postage prepaid First Class Mail as listed above.
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Dated the 5th day of April, 2023.
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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®.
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Certified Mail Fee
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Adult Signature Restricted Delivery $
Postage
Total Postage and Fees
Sent To
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PS Form 3800, April 2013 PSN 7530-02-000-9047
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❑ Return Receipt (hardcopy)
❑ Return Receipt (electronic)
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U.S. Postal Service"'
CERTIFIED MAIL° RECEIPT
Domestic Mail Only
For delivery information, visit our website at www.usps.com
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Certified Mail Fee
Extra Services & Fees (-heck box, add fee as appropriate)
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Here
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/24/2023
12:35:22 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.
(3W -1.Y1 • liIZI,
3 ZL4`Z3 Signature
Date
Property Owners Within 500 Feet of Parcel # 146914100018
Account
Parcel
Owner
Mailing Address
R6035886
146911000016
MPM FARM AND RANCH LLC
920 S MCKINLEY AVE
FORT LUPTON, CO 806211290
R6036886
146911000040
DREILING FREDA L LIVING TRUST
4025 COUNTY ROAD 23
FORT LUPTON, CO 806218411
R6036986
146911000041
DREILING FREDA L LIVING TRUST
4025 COUNTY ROAD 23
FORT LUPTON, CO 806218411
R7948999
146911000044
AMERIN FAMILY TRUST
4038 COUNTY ROAD 21
FORT LUPTON, CO 806218435
M8957106
146912000020
MATHISEN MITCHELL TYLER
4010 COUNTY ROAD 23
FORT LUPTON, CO 806218440
R6037286
146912000020
MPM FARM AND RANCH LLC
920 S MCKINLEY AVE
FORT LUPTON, CO 806211290
M0020901
146913000013
GALICIA CARLOS
PO BOX 1368
BRIGHTON, CO 806011368
M0100202
146913000013
LEON MIKE
PO BOX 1368
BRIGHTON, CO 806011368
R6039686
146913000013
MARTIN MARIETTA MATERIALS INC
C/O BADEN TAX MANAGEMENT
PO BOX 8040
FORT WAYNE, IN 468988040
Parcels: 17
Owner Records: 23
Page 1 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/24/2023
12:35:22 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.
cAticiffn . JOAO
Signature
Z4`23
Date
Property Owners Within 500 Feet of Parcel # 146914100018
Account
Parcel
Owner
Mailing Address
R0256988
146914000045
GILBERT TIMOTHY G
R0256988
146914000045
GILBERT MARLENE K
3842 COUNTY ROAD 21
FORT LUPTON, CO 806218445
R0013689
146914000048
HAYWORTH ALEXANDRA R
R0013689
146914000048
HAYWORTH HUBERT O
3746 COUNTY ROAD 21
FORT LUPTON, CO 806218437
R3969405
146914100001
CHAVEZ ARTEMIO
3695 COUNTY ROAD 23
FORT LUPTON, CO 806218409
R8950266
146914100015
LUEVANO JULIE A
R8950266
146914100015
MARQUEZALCALA JAVIER R
1212 LANCASTER AVE
FORT LUPTON, CO 80621
R8950267
146914100016
^
BTZ LAND LLC (2/3 INT)
R8950267
146914100016
✓ +V
MAST DONNA F (1/3 INT)
9709 ALKIRE ST
ARVADA, CO 800051317
Parcels: 17
Owner Records: 23
Page 2 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/24/2023
12:35:22 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.
m O;
5 /7A1
1 s3 Signature
Date
Property Owners Within 500 Feet of Parcel # 146914100018
Account
Parcel
Owner
Mailing Address
R8950268
146914100017 0
l.04 -A
RUIZ GLORIA
3765 COUNTY ROAD 23
FORT LUPTON, CO 806218401
R8950269
146914100018
BTZ LAND LLC (2/3 INT)
R8950269
146914100018
MAST DONNA F (1/3 INT)
9709 ALKIRE ST
ARVADA, CO 800051317
R3722405
146914200060
MORTON-VONLINTEL SUZANNE R
R3722405
146914200060
VONLINTEL TODD L
3990 COUNTY ROAD 21
FORT LUPTON, CO 806218445
Parcels: 17
Owner Records: 23 Page 3 of 4
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
3/24/2023
12:35:22 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 # 146914100018
Parcels: 17
Owner Records: 23
CVI .I,UQnair it
5121-1�Signature
l
Date
Page 4 of 4
PLAT VACATION APPLICATION
RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS
FOR PLANNING DEPARTMENT USE: DATE RECEIVED:
PLANNER ASSIGNED:
PLAT INFORMATION
Title of plat to be Vacated: RECORDED EXEMPTION NO. 1469-14-01 RECX17-0066 5 14 T 1N R 67W
❑Complete Vacation (must include all lots) Partial Vacation of the largest lot (must be over 35 acres)
List of lots to be vacated:
Lot Parcel Number
B
146914100018 AGRICULTURAL
75.140
Access Easement to Lot B
Acreage Affected Easements
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name: Brian Zehnder
Company: BTZ Land LLC
Phone #: 303-810-0332
Email: brianzehnder@msn.com
Street Address: 9709 Alkire Street
City/State/Zip Code: Arvada, CO 80005
APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.)
Name: John Ehrhart
Company: Ehrhart land Surveying, LLC
Phone #: 303-828-3340 Email: john@coloradols.com
Street Address: 77 Erie Village Sq., Suite 290
City/State/Zip Code: Erie, CO 80516
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with
or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the
property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners
must be included with the application. If the fee owner is a corporation, evidence must be included indicating the
signatory has the legal authority to sign for the corporation.
I (We) have read and agree to comply with the regulations for complete or partial vacation of recorded exemption or
subdivision exemption.
1/11/23
Signat re: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date
Print: Owner or Authorized Agent Print: Owner or Authorized Agent
7/20/2021
DEPARTUENTB OF PLAN1BN0
BUILDING. DEVELOP6IEM REVIEW
AND ENVIRONMENTAL HEALTH
1555 WORTH 17TM AVENUE
GREELEY, CO 80631
�f 1 !� N f-. keno( VORIiAT1ON FORM (Q 7-€Jrnde
t.rtwe
Owner - 000040 priru)
0100 penr►salon ro Orkeprt
(Authorized Agent/Appfxant-Ofease P.)
to apay for any Planing, Building, Access or OWTS PRrmhs on our behalf. for the pr'operlY located of
(address or parcel number) below:
1460,0100010 aj+01i691a100016
Legal 5090 :ton: NE tta or Seddon 14 Townshlp0t N, Range" W
SuLdhrtsion Nang: Lot B. RECX17-0065 and Lot 8, RECX17.O088 .13 Blots NA
Property Owners Information:
Address: i'�!' � 091ZeAatg r 5
PhR i/ Ic-+11atk ri M 2 ddrieidiA M s6?m
AuV>otlzed ApenUApplkant Contact Information
PO Boo 910Address:. Ere, CO 80516
Phone: 3034284340EJrtad �'mm
Correspondence to be sent to Owner fl Aufhottled AgenUApplicant n_ by: Math Entail
AddU alol Info:
Owner SigndurA:,it(/ /l1 , Xfcil,- � i; DUI . 4/4 WAY
Winer Signature: �� ,L_ • _ -Date: 1// Q/`2" -'2 3
Document processing fee
If document is filed on paper
If document is filed electronically
Fees & forms/cover sheets
are subject to change.
To file electronically, access instructions
for this form/cover sheet and other
information or print copies of filed
documents, visit www.sos.state.co.us
and select Business Center.
Paper documents must be typewritten or machine printed.
-Filed
$125.00
$ 25.00 Document number: 20061199947
Colorado Secretary of State
Date and Time: 05/18/2006 04:17 PM
Entity Id: 19981061876
ABOVE SPACE FOR OFFICE USE ONLY
Amended and Restated Articles of Organization
filed pursuant to §7-90-301, et seq. and §7-90-304.5 of the Colorado Revised Statutes (C.R.S.)
ID number:
1. Entity name:
2. New Entity name:
(if applicable)
3. Use of Restricted Words (if any of these
terms are contained in an entity name, true
name of an entity, trade name or trademark
stated in this document, mark the applicable
box):
4. If the limited liability company's
period of duration as amended is
less than perpetual, state the date
on which the period of duration
expires:
19981061876
ZEHNDER ENTERPRISES LLC
(If changing the name of the limited liability company, indicate name
BEFORE the name change)
BTZ Land LLC
❑ "bank" or "trust" or any derivative thereof
❑ "credit union" ❑ "savings and loan"
❑ "insurance", "casualty", "mutual", or "surety"
(mm/dd/yyyy)
OR
If the limited liability company's period of duration as amended is perpetual, mark this box: ✓❑
5 The amended and restated constituent filed document is attached.
6. (Optional) Delayed effective date:
Notice:
(mm/dd/yyyy)
Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity
with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic
statutes, and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part, the constituent documents, and the organic statutes.
AMDRST_LLC
Page 1 oft Rev. 11/15/2005
This perjury notice applies to each individual who causes this document to be delivered to the secretary of
state, whether or not such individual is named in the document as one who has caused it to be delivered.
7. Name(s) and address(es) of the
individual(s) causing the document
to be delivered for filing: Saul Richard J.
(Last) (First) (Middle) (Suffix)
633 17th St.
trees name and number or Post Office Box information)
Suite 270
Denver 80202
(city)
(State) (Postal/Zip Code)
United States
(Province - if applicable) (Country - if not US)
(The document need not state the true name and address of more than one individual. However, if you wish to state the name and address
of any additional individuals causing the document to be delivered for filing, mark this box O and include an attachment stating the
name and address of such individuals)
Disclaimer:
This form, and any related instructions, are not intended to provide legal, business or tax advice, and are
offered as a public service without representation or warranty. While this form is believed to satisfy minimum
legal requirements as of its revision date, compliance with applicable law, as the same may be amended from
time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's
attorney.
AMDRST_LLC
Page 2 oft Rev. I I/15/2005
ATTACHMENT TO AMENDMENT & RESTATEMENT OF ARTICLES
OF ORGANIZATION
OF ZENDER ENTERPRISES, LLC
FIRST: The name of the limited liability company is BTZ Land LLC., a
Colorado limited liability company (the "Company").
SECOND: The principal place of business of the Company is at 9709
Alkire Street, Arvada, Colorado 80005.
THIRD: The registered agent of the Company is Brian J. Zehnder. The
registered office of the Company is 9709 Alkire Street, Arvada, Colorado 80005.
FOURTH: The Company shall be managed by Managers . The names and
addresses of the Managers of the Company are:
Brian J. Zehnder
9709 Alkire Street
Arvada, CO 80005
{31252.3.5/12/2006 03:16 PM.KBUS.A0226817.DOC;1 }
Teresa L. Zehnder
9709 Alkire Street
Arvada, CO 80005
ARTICLES OF ORGANIZATION 19981061876
OF $ 50.00
SECRETARY OF STATE
ZEHNDER ENTERPRISES LLC 04-02-98 11:36:48
A COLORADO LIMITED LIABILITY COMPANY
FIRST: NAME/PRINCIPAL PLACE OF BUSINESS
The name of this limited liability company is Zehnder Enterprises LLC. Its principal
place of business is at:
9707 Alkire Street
Arvada, CO 80005
SECOND: REGISTERED AGENT/OFFICE AND SERVICE OF PROCESS
The initial registered agent for the company shall be Robert J. Bricmont, Jr., and the
initial registered office in the State of Colorado shall be at:
1700 Broadway, Suite 1800
Denver, CO 80290-1801
All service of process shall be made upon the registered agent at the registered office.
THIRD: MANAGER(S)
The company shall be managed by its board of managers in accordance with the
Operating Agreement and the laws of the State of Colorado, and the company shall not be
managed by its members.
COW ...t .
Allen Spar
an, Oganizer
FOURTH: INITIAL MANAGER(S)
Pursuant to C.R.S. Section 7-80-204(d), and since the company shall not be managed
by its members, the name and business address of the initial manager(s) is as follows:
NAME:
ADDRESS:
Brian J. Zehnder 9709 Alkire Street
Arvada, CO 80005
I, the undersigned natural person of the age of 18 years or more, as organizer of this
limited liability company under the Colorado Limited Liability Company Act, adopt the above
Artic s of Organization for such limited liability company by my signature affixed below on
loc/ / , 1998:
Signed:
2
Allen Spar ./an, Organizer
�J of <o `'•
(J `
v '� aae i.9Pages:f 1,9J
82L02/2023 01:18 PM R F•i:$33.00 0 Fu :$0.00 s^
(C,�41'Y KOPP��. ;IA Intl R�oorgia; Wltl County � CO '
41111I��%f f 4�4'hi� HLI�i WalitT4 AR 141111
SPECtL WARRANTY DEED,' :J`'
.S, rt• SI
30 Z -O2. . ,
betvu�eerh BRIAN J. �EFINS R d TERESA L. ,ZEIINDER, as joint tenaft-as to an
undivided 2/3(intH'rest, and DONNA F. MOST, as to an undivided 1'1.33 -interest
grantors, and
`:)
THIS,pSED, made this
:t7.))
BTZ LANO{LLC, as to an undivided\ t3 interest, and DONNA P -MAST, as to an
(1 undivided 113 interest - (2
v whose legal addres3 js 9709 Alkire Street,: ij
< Arvada, CO 80005 i1`� .3-
of the City of Atada, and State of Colorado,,'grantees, , f 3-
WITNESSETH, That the grantors, for and in consideration of the sum of: TENAND
NO/1000"DOLLARS (U.S. $10.50), and other good and valu@ble consideration, the re.Ceipt and
sufficiency of which is hereby acknowledged, have grante�d7bargained, sold and conveyed, and
by th to presents do grant, bargg in, sell, convey, and cont^irrtf unto the grantees, theil;;successors,
heirs and assigns forever, all(tlie real property, together(v th all improvements, if any)situate, lying
eer,1d being in the County ,\ I,Veld and State of Color o, described as follows: C ;-,
Lot B, Record4 Exemption No. 1469-t4 01 RECX17-0066,
being a paft,%of,the North Half of the Nenteast Quarter of
Section 1`.4y,Township 1 North, Rain .67 West of the 6th PAC,
accord tg%to the plat recorded Au 3-st 16, 2017 as Reception'
No. 4327837, County of Weld,.,St`afe of Colorado. _>
`arcel of land approximatelyy75 acres. `�
also.k'nbwn by street and numb r;as: �� ? ' n
.,
U TOGETHER with all and singular the hereditam is and appurtenances th,o,
ereto belonging,
��on in anywise appertaini(15;"and the reversion and re tensions, remainder and-igrrlainders, rents,
?s,Issues and profits they of and all the estate, righ,'title, interest, claim and nd whatsoever of ;\t
the grantors, eithen.'.oilaw or equity, of, in ands to the above barganned emises, with the n -s
hereditaments aryd:Appurtenances, <, �" \,2 J <�`' J
TO H AND TO HOLD the,eaid premises above bargr;irrid and described with`tfte
a urtenandes, unto the grantees, th if'successors, heirs and pp g � esJgns forever. The grantotJ�� for
themselvfes, (heir heirs and personal representatives or successors, do covenant and agree that
they shall;and will WARRANT AND FOREVER DEFEND the abque-bargained premises irittte quiet
and1po`i ceable possession oflth ,grantees, their successbils, heirs and assigns, ayIitlst all and
ev j -y -person or persons claic) g the whole or any part thereof, by, through or undei5the grantors.
IN WITNESS WH5R�EOF, The grantors have executed this deed onShe date set forth
•,`above. _ �:,, �.� ` s.•r
Grantor: DONNA. MAST ;
No State
Documentary
Fee
Granto►" TERESA L. ZEHNDER,
ro
StA, f Colorado } (J
}ss., ",
,,,--,-„county of Jefferson } ✓
<� s
The foregoin�q,was cknowledged before
eft me this ,3O day,,oti` 2023, byZ f;
S . BRIAN J. ZEHNDER a TERESA . ZEHNDER,,� `
grantors. •(2 L%
Witness my'h�rtd and official seal.
n�> N ry Public
JEAN E KLENE <
c NOTARY PUBLIC''t (�
01202bt9.WPiUh U.SPECIA 1SRANTY DEED
NOTARY ID 199241209093
7`, MY COMMISSION EXPIR,2LULY 21, 2024
ts,
`9S
<`J
(,c'n
e�
JEAN E KLENE
,NOTARY PUBLIC
STATE OF COLORADO
�O ) / ( NOTARY ID 19924009093
StatO` of LB/e rail e } MY COMMISSION EXPIRES JULY 21, 2024
--Ml�y� rspn ��/ )ss `
Eou-��
nty of clef tE }
The foregoing wes, knowledged before
me this zy,4 day, , 2023, bye?:,,
DONNA F. MAST,,g 6
Witness my ha1'd and official seal. N,
No ry Public
l
03-
3-
15,
to
111111h111111111111111111111111IllItII III 1111111111111
3661631 11/24/2009 02:31P Weld County, CO
1 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder
I When recorded, mail to:
Janet E. Perlstein
LottnerRubinFishmanBrown+Saul, PC
633 I70 Street, Suite 2700
Denver. CO 80202-3635
BARGAIN AND SALE DEED
KNOW ALL BY THESE PRESENTS, that BRIAN J. ZEHNDER and TERESA L.
ZEHNDER, joint tenants, as to an undivided % interest ("Grantor"), whose address is
9709 Alkire Street, Arvada, Colorado 80005, County of Jefferson, and State of Colorado,
for the consideration of Ten Dollars ($10.00) and other good and valuable consideration,
in hand paid, hereby sell and convey to BTZ LAND, LLC, a Colorado limited liability
company, whose legal address is 9709 Alkire Street, Arvada, Colorado 80005, County of
Jefferson, and State of Colorado, all of Grantor's right, title and interest in the following
real property situate in the County of Weld and State of Colorado, more particularly
described as follows with all its appurtenances:
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED
HEREIN BY THIS REFERENCE.
also known by street and number as:
TBD, Fort Lupton, Colorado 80621
• CONVENIENCE DEED —NO DOCUMENTARY FEE REQUIRED
Pursuant to CRS § 39-13-104 (I) (b)
[SIGNATURE PAGE FOLLOWS]
31252.3.A0372507.D(I :
1111111 11111 Nil VIM 11111 II 11111111 III 11111 IIII IIII
3661631 11/24/2009 02:31P Weld County, CO
2 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder
Signed and delivered this I ) day of March, 2009.
State of Colorado
)§
City and County of Denver )
GRANTOR:
BRIAN J. ZE,
it it,
TERESA L. ZEHNBER
The foregoing was acknowledged before me this day of March, 2009, by Brian J.
Zehnder and Teresa I,. Zehnder, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the persons whose names are subscribed to the within instnmtent and
acknowledged to me that he/she executed the same in his/her authorized capacity, and that by
his/her signature on the instrument, executed this instrument.
Witness my hand and official seal.
My commission expires:O2/D /XYQ
,31252.3.Ao372507.DOC;
1111111 11111 111111 111111 iini iuiumuii 11111 muni
3661631 11/24/2009 02:31P Weld County, CO
3 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder
EXIIIBI'1' A
LEGAL DESCRIPTION
'UHF: NORTH Ill UI' THE NORTHEAST 1,4 OF SECTION 14, TOWNSHIP I NORTH, RANGE 67 WEST
OF THE SIXTH PRINCIPAL, h11'R1111:1N. C:OILN',Y (IF WF:I.D STATE OF COLORADO.
AND
LOT [3 OF RECORDED EXEMPTION NO, 1469-14-1-RE-4llvt., ACCORDING TH1, MM'
RECORDED ALCUS'C 31, 2005 AT RF:CFI'TIC)N NO. 3310464, BEING A PART or TIIF SOUTH HALE
OF THE NORTHEAST 1/4 OF' SF:CTLON II. TO14NSI IIP I \(1R'IH.RAN(:1; 67 WEST 111, THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF WEL11, STA•14: OF (:()1.()It:1DO.
Also known by htr4et /6/4 number dr, Tllll I/IS/T I.,/'I'IY.I:N co 8/4/ I (the "Penpe:1y-,
{ 31252.3.A03725L17.DOC; I;
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant:
BTZ
Land,
LLC
c/o
Brian Zehnder
1
RECX17-0066
I
Planner:
Ryder
Reddick
Legal
Description:
Being
the
N2
NE4
of
Section
14,
Ti
N,
R67W of
the 61h
P.M.,
Weld
County,
CO
Parcel
ID #:
1469-14-1-00-003
Lot
A Size:
+/- 5 acres
Lot
B Size:
+/- 75 acres
Water
s
Source
Lot
Lot
A:
B:
Proposed
Proposed
Well
Well
Sewer
Lot
Lot
A:
B:
Proposed
Proposed
Septic
Septic
System:
Yes No
X
X
X
X
Criteria Checklist
Conforms with Chapter 22 of the Weld County Code and
any adopted municipal plan.
Compatible with the existing surrounding land uses.
Consistent with the intent of the zone district.
Consistent with efficient and orderly development.
X 5 Complies with Recorded Exemption standards in Section
24-8-40 of the Weld County Code.
X 6 Provides for adequate protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County.
Approved with Conditions
The Weld County Department of Planning Services has determined through an administrative review that
the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is
approved with the following conditions in accordance with information submitted in the application and the
policies of Weld County.
1. A Weld County septic permit is required for any proposed home. The septic system shall be installed
according to the Weld County Onsite Wastewater Treatment System regulations.
The applicant has proposed a well as the source of adequate water for Lot A and Lot B. Property
owners are advised that the quantity of water available for usage may be limited to specific uses, i.e.,
"Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services
encourages property owners to contact the Office of the State Engineer, Division of Water Resources
(1313 Sherman Street. Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each
individual situation.
RECX17-0066
Page 1 of 6
3. Topographic or physical features of the proposed lots, such as ravines, ditches, streams etc. may
limit the area available for a new or replacement septic system. Prior to recording the plat the Weld
County Department of Public Health and Environment recommends that the applicant review the
Weld County Code pertaining to septic systems to assure that any installed septic system will comply
with all setback requirements found in the Code. In the event the proposed lot is not of sufficient size
to allow the installation of a septic system the lot may need to be enlarged.
4. Prior to recording the plat:
A. The applicant shall attempt to address the requirements (concerns) of the City of Fort
Lupton, as stated in the referral response dated April 17, 2017. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services.
B. The applicant shall attempt to address the requirements (concerns) of the Colorado Division
of Water Resources, as stated in the referral response dated May 16, 2017. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
C. The applicant shall address the requirements of Weld County School District RE -8, as
stated in the referral response dated April 18, 2017. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services.
D. Lot A shall comply with the two and one-half (2 1/2) acre net minimum lot size required by
Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include
future road right-of-way.
E. Lot 'A shall comply with the less than thirty-five (35) acre maximum lot size required by
Section 24-8-10.B of the Weld County Code. Net acreage calculations should not include
future road right-of-way.
F. Lot B shall comply with the thirty-five (35) acre net minimum lot size required by Section 24-
8-40.P. of the Weld County Code. Net acreage calculations should not include future road
right-of-way.
G. The Recorded Exemption RECX17-0066 plat shall be recorded in conjunction with the
RECX17-0065 plat.
H. The applicant shall provide the Weld County Department of Planning Services with a
Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for
the original parcel.
5. Items to be included on the plat:
A. The plat shall be titled: Recorded Exemption No. 1469-14-01 RECX17-0066
B. A 30 -foot wide joint access and utility easement extending across Lots A and B of RECX17-
0065 and Lots A and B of RECX17-0066 from County Road 23 approximately 4,045 feet north
of County Road 8, for the benefit of Lots A and B of RECX17-0065 and Lots A and B of
RECX17-0066. The joint easement shall be dedicated for the use as shown using the
language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be graded
and drained to provide all weather access.
C. All approved accesses shall be clearly shown on the plat and labeled with the approved
access permit number (AP17-00254). The applicant shall contact the Weld County
Department of Public Works to determine if a culvert is necessary at any approved road
access point.
RECX17-0066
Page 2 of 6
D. County Road 23 is a paved road and is designated on the Weld County Road Classification
Plan as a collector road, which requires 80 feet of right-of-way at full buildout. The applicant
shall verify and delineate on the plat the future and existing right-of-way and the documents
creating the existing right-of-way. If the existing right-of-way cannot be verified it shall be
dedicated. All setbacks shall be measured from the edge of right-of-way. This road is
maintained by Weld County.
E. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on
the plat per the setback requirements of 23-3-50.E of the Weld County Code.
F. All recorded easements and rights -of -way shall be delineated on the plat by book and page
number or reception number.
6. The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located. Pursuant to the
definition of setback in the Weld County Code, the required setback is measured from
the future right-of-way line.
* No building or structure as defined and limited to those occupancies listed as Groups
A, B, E, F, H, I, M and R in Section 302.1 of the 2012 International Building Code, shall
be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius
of any wellhead or within a 25 -foot radius of any plugged or abandoned oil and gas
well. Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of
any wellhead shall require a variance from the terms of this Chapter in accordance with
Subsection 23-6-10.C of this Code.
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-20.C.1
of the Weld County Code.
4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres
net unless approved by the Weld County Board of Commissioners in accordance with
Section 24-8-40.P. of the Weld County Code.
5) Prior to the release of building permits, the applicant shall submit a recorded deed
describing the Lot upon which the building permit is requested with the building permit
applications. The legal description on such deed shall include the Lot designation and
Recorded Exemption number.
6) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lot A and Lot B have adequate water supplies
of sufficient quality, quantity and dependability.
7) Potential purchasers should be aware that Lot A may not be eligible for a domestic well
permit which allows for outside irrigation and/or the watering of stock animals. The
State Division of Water Resources issues all well permits.
8) Potential purchasers should be aware that groundwater may not meet all drinking water
standards as defined by the Colorado Department of Public Health and Environment.
The Weld County Department of Public Health and Environment strongly encourages
well users to test their drinking water prior to consumption and periodically thereafter.
RECX17-0066
Page 3 of 6
9) Potential purchasers should be aware that approval of this Recorded Exemption does
not guarantee that well permits will be issued for the lots. Any lot may be deemed non -
buildable if the lot owner is unable to obtain a well permit. The State Division of Water
Resources issues all well permits.
10) The property owner shall control noxious weeds on the site.
11) The historical flow patterns and runoff amounts will be maintained on the site.
12) Building permits shall be obtained prior to the construction of any building. Buildings
that meet the definition of an Ag Exempt Building per the requirements of Section 29-
1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building permits,
however, a Certificate of Compliance must be filed with the Planning Department and
an electrical and/or plumbing permit is required for any electrical service to the building
or water for watering or washing of livestock or poultry.
13) Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County -Wide Road Impact Fee Program.
14) Building Permits issued on the proposed lots, will be required to adhere to the fee
structure of the County Facility Fee and Drainage Impact Fee Programs.
15) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some
of the most abundant mineral resources, including, but not limited to, sand and gravel,
oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are
vital resources because (a) the State's commercial mineral deposits are essential to
the state's economy; (b) the populous counties of the state face a critical shortage of
such deposits; and (c) such deposits should be extracted according to a rational plan,
calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving
into these areas must recognize the various impacts associated with this
development. Often times, mineral resource sites are fixed to their geographical and
geophysical locations. Moreover, these resources are protected property rights and
mineral owners should be afforded the opportunity to extract the mineral resource.
16) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the
country in total market value of agricultural products sold. The rural areas of Weld
County may be open and spacious, but they are intensively used for agriculture.
Persons moving into a rural area must recognize and accept there are drawbacks,
including conflicts with long-standing agricultural practices and a lower level of services
than in town. Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise
and congestion, and the rural atmosphere and way of life. Without neighboring farms,
those features which attract urban dwellers to rural Weld County would quickly be gone
forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area.
Well -run agricultural activities will generate off -site impacts, including noise from
tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal
pens, field work, harvest and gravel roads; odor from animal confinement, silage and
manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice
RECX17-0066
Page 4 of 6
for agricultural producers to utilize an accumulation of agricultural machinery and
supplies to assist in their agricultural operations. A concentration of miscellaneous
agricultural materials often produces a visual disparity between rural and urban areas
of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall
not be found to be a public or private nuisance if the agricultural operation alleged to
be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the way"
of residential development. When moving to the County, property owners and
residents must realize they cannot take water from irrigation ditches, lakes, or other
structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles
in size (twice the size of the State of Delaware) with more than three thousand seven
hundred (3,700) miles of State and County roads outside of municipalities. The sheer
magnitude of the area to be served stretches available resources. Law enforcement is
based on responses to complaints more than on patrols of the County, and the
distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers
who must leave their jobs and families to respond to emergencies. County gravel
roads, no matter how often they are bladed, will not provide the same kind of surface
expected from a paved road. Snow removal priorities mean that roads from
subdivisions to arterials may not be cleared for several days after a major snowstorm.
Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban
setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical
power for pumps and center pivot operations, high speed traffic, sand burs, puncture
vines, territorial farm dogs and livestock, and open burning present real threats.
Controlling children's activities is important, not only for their safety, but also for the
protection of the farmer's livelihood.
7. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County
Code. The applicant shall submit an electronic copy (PDF) of the plat for preliminary approval to the
Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat
along with all other documentation required as conditions of approval. The Mylar plat shall be
recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The
Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the
administrative review was signed. The applicant shall be responsible for paying the recording fee.
8. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not
be recorded within the required sixty (60) days from the date the Administrative Review was signed
a $50.00 recording continuance charge shall added for each additional 3 month period.
9. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this
Recorded Exemption. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a
defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane
Colorado North Fl PS 0501 (US Feet).... etc.). This digital file may be sent to maps(a.co.weld:co.us.
RECX17-0066
Page 5 of 6 .
10. If the exemption plat has not been recorded within sixty (60) days from the date the administrative
review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or
unable to meet any of the conditions within sixty (60) days of approval, the application will be
forwarded to the Board of County Commissioners with a staff recommendation for denial. The
Director of Planning Services may grant an extension of time, for good cause shown, upon a written
request by the applicant.
By:
Ryder, eddic', Planner -
RECX17-0066
Page 6 of 6
Date: June 9, 2017
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