HomeMy WebLinkAbout20231648.tiffRESOLUTION
RE: APPROVE PARTIAL VACATION, VAC23-0013, OF TWO -LOT RECORDED
EXEMPTION, RECX18-0004, FOR REMOVAL OF LOT B - FRYER LIVESTOCK, LLC
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 March 5, 2018, the Department of Planning Services approved Two -Lot
Recorded Exemption, RECX18-0004, and
WHEREAS, the Board has received a request from the current property owner,
Fryer Livestock, LLC, 20119 County Road 86, Ault, Colorado 80610, represented by Trevor Thiel,
3T Realty, 206 First Street, Eaton, Colorado 80615, to vacate Lot B of Recorded Exemption,
RECX18-0004, located on the following described real estate, to wit:
Lot B of Recorded Exemption, RECX18-0004; being
part of the SW1/4 of Section 33, Township 8 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of the
Department of Planning Services staff and all of the exhibits and evidence presented in this matter
and, having been fully informed, deems it advisable to approve said partial vacation, and makes
the following findings:
1. No property will be left without access to a public road right-of-way as a result of
the vacation.
2. No property resulting from the vacation will continue to use any access across any
other Ids 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 Fryer Livestock, LLC, for Partial Vacation of Two -Lot
Recorded Exemption, RECX18-0004, 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.
4907619 Pages: 1 of 2
07/06/2023 11:49 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO CC: Pi. tri. KlJ/KW)
1111114PAPlhILIr+ELV w'I i«i+Iih7l4:i7,1 11 Li, 11 III :;3
648
RECX18-0004
PARTIAL VACATION, VAC23-0013, OF TWO -LOT RECORDED EXEMPTION, RECX18-0004,
FOR REMOVAL OF LOT B - FRYER LIVESTOCK, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of June, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dititvo
Weld County Clerk to the Board
BY .11.)&101. Lk
Deputy Clerk to the Board
Mike-Fre man, Chair
Perry L1 BucPro-Tem
oft K. James
AP' ' • ED USED
County A orney
Date of signature: (4173/0
on Saine
4907619 Pages: 2 of 2
07/06/2023 11:49 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
1111 ikrd17iiralgt:IALIMIFYiDeir.Vilitldi kik 11111
2023-1648
RECX18-0004
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
To: Weld County Board of County Commissioners
From: Molly Nelson, Planner
Subject: Partial Vacation of RECX18-0004
Hearing Date: June 12, 2023
Owners: Fryer Livestock LLC
Legal Description: Lot B of Recorded Exemption RECX18-0004; being a part of the SW4 of Section 33, T8N,
R65W of the 6th P.M., Weld County, CO
Location: North of and adjacent of County Road 86; East of and adjacent to County Road 41
Parcel Number: 0551-33-3-00-029
Total Parcel Size: +1- 138.45 acres Zone District: A (Agricultural)
Summary
The applicant requests to vacate Lot B, being the largest lot of the two -Lot Recorded Exemption RECX18-
0004 recorded July 19, 2018, reception # 4416415. This partial vacation of Lot B of RECX16-0012 would
result in an approximately 138.45 acre unplatted parcel. Lot A of RECX16-0012 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.
6/12 Vacation of Lot B of RECX18-0004 I Fryer Livestock LLC
Page 1 of 2
2023-1648
RECX 18-0004
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 RECX18-0004 I Fryer Livestock LLC
Page 2 of 2
Molly Nelson
From: Douglas Fryer <dougkfryer@gmail.com>
Sent: Tuesday, April 18, 2023 11:30 AM
To: Molly Nelson
Subject: Fwd: RECX-18-0004
Follow Up Flag: Follow up
Flag Status: Flagged
yeas
Forwarded message
From: Douglas Fryer <dougkfryer@Rmail.com>
Date: Thu, Mar 23, 2023 at 6:50 AM
Subject: RECX-18-0004
To: <mnelson@weldgov.com>
iwet
Dear Ms. Nelson,
As per your email dated March 8th 2023, I am writing to request the board approval of my request to vacate lot D of
RECX-18-0004.
Thank you,
Douglas Fryer
970-939-0736
Vacation of Lot D Recorded Exemption No. 0551-33-03 RECX18-0004
LEGAL DESCRIPTION'.
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PROPERTY OWNERS CERTIFICATE:
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BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF APPROVAL.
Vacated Lot
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SURVEYOR'S NOTES'.
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VICINITY MAP
RECORDED EXEMPTION NO. 0551-33-03 RECX18-0004
PART OF THE SOUTHWEST QUARTER OF SECTION 33,
TOWNSHIP 8 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF WELD, STATE OF COLORADO
EASEMENT AND RIGHT -0F -WAY NOTES:
SURVEYOR'S NOTES:
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RECORDED EXEMPTION NO. 0551-33-03 RECX18-0004
�911W+NINr1YI�WJNMM610MM;A1'YWu'WF Mpl
PART OF THE SOUTHWEST QUARTER OF SECTION 33,
TOWNSHIP 8 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF WELD, STATE OF COLORADO
CURVE TABLE
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: June 12, 2023
Time: 9:00 a.m.
Applicant:
Fryer Livestock, LLC
20119 County Road 86
Ault, Colorado 80610
Request: Partial Vacation, VAC23-0013, of Two -Lot Recorded Exemption, RECX18-0004, for
Removal of Lot B
Legal Description: Lot B of Recorded Exemption, RECX18-0004; being part of the SW1/4 of
Section 33, Township 8 North, Range 65 West of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to County Road 86; east of and adjacent to County Road 41
(see Legal Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: May 31, 2023
ADJACENT PROPERTY OWNERS
FOR PARTIAL VACATION OF
R E CX 18-0004
Owner
PAUL BARGER
FRYER LIVESTOCK LLC
ATTN: TREVOR THIEL
3T REALTY
Address
20463 COUNTY ROAD 86
20119 COUNTY ROAD 86
206 FIRST STREET
City
AU LT
AU LT
State Zip
CO 80610-9511
CO 80610-9511
EATON CO 80615
CERTIFICATE OF MAILING
I hereby certify that I have placed a true and correct copy of the Notice, in accordance with the notification
requirements of Weld County for Partial Vacation of Recorded Exemption, RECX18-0004, in the United States
Mail, postage prepaid First Class Mail as listed above.
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Dated the 31st day of May, 2023.
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Janet M. Warwick
Deputy Clerk to the Board
U.S. Postal Service'
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WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
5/8/2023
11:27:29 AM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
__)ct,iil Om osi c.L
t' 1 g.1 Z 3 Signature
Date
Property Owners Within 500 Feet of Parcel # 055133300029
Account
Parcel
Owner
Mailing Address
R0624486
055132000035
GASPERICH MOLLY JANE
42661 COUNTY ROAD 41
AULT, CO 806109541
R8941975
055132100002
THORNTON CITY OF
9500 CIVIC CENTER DR
THORNTON, CO 802294326
R0624986
055133000005
THORNTON CITY OF
9500 CIVIC CENTER DR
THORNTON, CO 802294326
R0625386
055133000014
REIFENRATH MARK E
3408 RICHARDS LAKE RD
FORT COLLINS, CO 805249476
R7938499
055133000016
WOODS LORRAINE J
R7938499
055133000016
WOODS DEAN S
20433 COUNTY ROAD 86
AULT, CO 806109511
R4962108
055133100026
CARLSON BERNICE REVOCABLE TRUST
R4962108
055133100026
CARLSON OSCAR T FAMILY TRUST
15312 N 107TH ST
LONGMONT, CO 805048015
R8955623
055133300027
FRYER LIVESTOCK LLC
20119 COUNTY ROAD 86
AULT, CO 806109511
Parcels: 12
Owner Records: 15
Page 1 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
5/8/2023
11:27:29 AM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Jar\ latA r,(nc
5 ) z3 Signature
Date
Property Owners Within 500 Feet of Parcel # 055133300029
Account
Parcel
Owner
Mailing Address
R8955624
055133300028
1,04-k
BARGER PAUL D
20463 COUNTY ROAD 86
AULT, CO 806109511
R8955625
055133300029 1,
L04-
FRYER LIVESTOCK LLC
20119 COUNTY ROAD 86
AULT, CO 806109511
R4721307
055133400011
REIFENRATH MARK E
3408 RICHARDS LAKE RD
FORT COLLINS, CO 805249476
R0902586
070904000001
WOODS A SUE
R0902586
070904000001
WOODS DARRYL G
20378 COUNTY ROAD 86
AULT, CO 806109512
R0903186
070905000019
THORNTON CITY OF
9500 CIVIC CENTER DR
THORNTON, CO 802294326
Parcels: 12 Owner Records: 15
Page 2 of 3
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
5/8/2023
11:27:29 AM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Property Owners Within 500 Feet of Parcel # 055133300029
41
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Parcels: 12 Owner Records: 15
Page 3 of 3
DocuSign Envelope ID: 931DE884-550E-4608-A9FB-BD837ADAE320
PLAT VACATION APPLICATION
RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS
FOR PLANNING DEPARTMENT USE: DATE RECEIVED:
AMOUNT: $ CASE # ASSIGNED:
APPLICATION RECEIVED BY: PLANNER ASSIGNED:
PLAT INFORMATION
Title of plat to be vacated: Recorded Exemption No. 0551-33-03 RECX18-0004 s 33 T8 R65
QComplete Vacation (must include all lots)
[Q Partial Vacation (vacated lots must be over 35 acres each)
List of lots to be vacated:
Lot Parcel Number
Acreage Affected Easements
B
055133300029
139.51
None
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name: Fryer Livestock, LLC
Company:
Phone #: 970.939.0736
Street Address: 20119 COUNTY ROAD 86
City/State/Zip Code: AULT, CO 80610
Email: dougkfryer@gmail.com
APPLICANT/AUTHORIZED AGENT (Authorization form must be included if there is an Authorized Agent.)
Name: Trevor Thiel
Company: 3T Realty
Phone #: 970.978.0800
Email: threetrealty@gmail.com
Street Address: 206 1st St
City/State/Zip Code: Eaton, CO 80615
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with
or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the
property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners
must be included with the application. If the fee owner is a corporation, evidence must be included indicating the
signatory has the legal authority to sign for the corporation.
I (We) have read and agree to comply with the regulations for complete or partial vacation of recorded exemptions
or subdivision exemptions.
,---DocuSiyned by:
Sig
a6
writirmbAuthorized Agent
Print Owner or Authorized Agent
3/15/2023
Date Signature: Owner or Authorized Agent Date
Print: Owner or Authorized Agent
I (We) Fryer Livestock, LLC
AUTHORIZATION FORM
DEPARTMENTS OF PLANNING
BUILDING, DEVELOPMENT REVIEW
AND ENVIRONMENTAL HEALTH
1555 NORTH 17TH AVENUE
GREELEY, CO 80631
give permission to Trevor Thiel
(Owner — please print) (Authorized Agent/Applicant—please print)
to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located
at (address or parcel number) below:
Legal Description: Lot B RECX18-0004
of Section 33 , Township8 N, Range65 W
Subdivision Name: Lot Block
Property Owners Information:
Address: Fryer Livestock, LLC
Phone: 970.939.0736
E mail: dougkfryer@gmail.com
Authorized Agent/Applicant Contact Information:
Address: 206 1st St Eaton, CO 80615
970.978.0800 trevor@threetrealty.com
Phone: E -Mail:
Correspondence to be sent to: Owner ❑ Authorized Agent/Applicant by: Mail ❑ Email
Additional Info:
I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this
document, that the information stated above is true and correct to the best of my (our) knowledge.
Owner Signature
Subscribed and sworn to befo
Date
Owner Signature
this 404. day of
My commission expires /O.s1a3
Date
, 20 c,t3 by
KIMBERLY K. FOX
3tary Pub cNotary Public
state of Colorado
Notary ID 020194045230
My Commission Expires 12-06-2023
CColorado
Secretary of State
Colorado Secretary of State
ID#: 20221262469
Document #: 20221262469
Filed on: 03/11/2022 01:39:14 PM
Pald: $50.00
Articles of Organization for a Limited Liability Company
filed pursuant to § 7-90-301 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.)
The domestic entity name of the limited liability company is Fryer Livestock LLC
The principal office street address is 100 Christensen Ave
Eaton CO 80615
US
The principal office mailing address is 100 Christensen Ave
Eaton CO 80615
US
The name of the registered agent is Douglas K Fryer
The registered agent's street address is 100 Christensen Ave
Eaton CO 80615
US
The registered agent's mailing address is 100 Christensen Ave
Eaton CO 80615
US
The person above has agreed to be appointed as the registered agent for this limited liability company.
The management of the limited liability company is vested in Members
There is at least one member of the limited liability company.
Person(s) forming the limited liability company
Douglas K Fryer
100 Christensen Ave
Eaton CO 80615
US
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., and, if
applicable, 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.
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.
Name(s) and address(es) of the individual(s) causing the document to be delivered for filing
Douglas IC Fryer
100 Christensen Ave
Eaton CO 80615
US
4835492 06/16/2022 08:15 AM
Total Pages: 1 Rec Fee: $13.00 Doc Fee: $100.00
Carly Koppes - Clerk and Recorder, Weld County , CO
Land Title
General Warranty Deed
(Pursuant to C.R.S. 38-30-113(1)(a))
State Documentary Fee
Date: June 15, 2022
$100.00
Grantor(s), ELLIS H. ISAKSON AND HELEN M. ISAKSON AND KARL E. ISAKSON AND PATRICIA E. ISAKSON , whose
street address is TO BE DETERMINED, AULT, CO 80610, City or Town of AULT, County of Weld and State of Colorado , for the
consideration of ($1,000,000.00) ***One Million and 00/100.— dollars, in hand paid, hereby sell(s) and convey(s) to FRYER
UVESTOCK LLC, A COLORADO LIMITED LIABILITY COMPANY, "" whose street address is 2,D// % i S lP , City
�
or Town of c,[_L_n1 , County of �e and State of Norte, the following real
property in the County of Weld and State of Colorado, to wit: E.1 ,QA1C-)
LOT B, RECORDED EXEMPTION NO. 0551-33-03-RECX18-004, RECORDED JULY 19, 2018 AT RECEPTION NO. 4416415,
BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 8 NORTH, RANGE 65 WEST OF THE 6TH
PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO.
also known by street and number as: TO BE DETERMINED, AULT, CO 80610
with all its appurtenances and warrant(s) the title to the same, subject to Statutory Exceptions.
Signed this day of June 15, 2022.
ELLIS H. ISAKSON
acifr.
HELEN M. ISAKSON
,h/Lnic
KARL E. ISAKSON
TRICIA AK�TN
7-
State of Colorado
)ss.
County of WELD
The foregoing instrument was acknowledged before me on this day of June 15th, 2022 by ELLIS H. ISAKSON AND HELEN M.
ISAKSON AND KARL E. ISAKSON AND PATRICIA E. ISAKSON
Witness my hand and official seal
My Commission expires: /2 -23
Notary P lic
When recorded return to: FRYER LIVESTOCK LLC, A COLORADO LIMITED LIABILITY COMPANY
YN DOUGHTY
ARY PUBLIC
OF COLORADO
RYID 19994019248
slon Expiros:April 12 2.2
Form 1089 closing/deeds/statutory/wd_statutory.html
25198155
(100277071)
11 11 IIIIII 11111 II III 11 III III
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant:
Ellis
H.
and
Helen
M.
Isakson
RECX18-0004
Planner:
Angela
Snyder
Legal
Description
Lot
SW4
B of
of
Amended
Section
33;
Recorded
T8N,
R65W
Exemption
of
the
�h
6
AMRECX18-98-2338,
P.M.,
Weld
County,
CO
being a
part of
the
Parcel
ID
#:
0551-33-0-00-017
Lot
A Size:
+/- 5 acres
Lot
B Size:
+/- 132
acres
Water
Source:
Lot
Lot
A:
B:
Proposed
Proposed
NWCWD
NWCWD
Tap
Tap
Sewer System:
Lot
Lot
A:
B:
Proposed
Proposed
Septic
Septic
Criteria Checklist
Yes No
X 1 Conforms with Chapter 22 of the Weld County Code and
any adopted municipal plan.
X 2. Compatible with the existing surrounding land uses.
X 3. Consistent with the intent of the zone district.
X 4. Consistent with efficient and orderly development.
X 5. Complies with Recorded Exemption standards in Section
24-8-40 of the Weld County Code.
X 6. Provides for adequate protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County.
Narrative: The proposed application seeks to split Lot B of Amended Recorded Exemption 1AMRECX18-
98-2338 via a two -lot recorded exemption. An acreage waiver form was submitted with the application,
waiving the right to a three or four -lot recorded exemption. The plat for 1AMRECX18-98-2338 shall be
recorded prior to this plat.
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 new building requiring water and sewer. The septic
system shall be installed according to the Weld County Onsite Wastewater Treatment System
regulations.
The installation of any septic system within the 100 -year flood plain shall comply with the Weld County
flood plain regulations Specifically, if the septic tank lids are not above the flood plain elevation, then
the access to the tank manhole lids must be covered with 20 ml PVC and sealed with plumbers
cement. In addition, a one-way valve must be installed on the effluent line between the tank and the
absorption field. Therefore, any future pumping of the septic tank will require that the tank lids be
RECX 18-0004
Page 1 of 6
sealed prior to backfilling, and any future upgrade of the septic system will require that a one-way
valve be installed on the effluent line.
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 applicants are proposing a shared access for Subdivision Exemption Lot 1AMSUBX18-
98-721 and Lot B of RECX18-0004 across Subdivision Exemption Lot 1AMSUBX18-98-721
and Lot B of RECX18-0004. The applicant shall submit to the Weld County Department of
Planning Services:
1) The applicant shall submit to the Weld County Department of Planning Services a
recorded copy of any agreement signed by all of the owners of the property crossed
by the access. The access shall be for ingress and egress and shall be referenced on
the plat by the Weld County Clerk and Recorders reception number.
B. The applicant shall address the requirements of Weld County School District RE -9, as stated
in the referral response dated February 1, 2018. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services.
C. Lot A shall comply with the one (1) acre net minimum lot size required by Section 24-8-40.L of
the Weld County Code. Net acreage calculations should not include future road right-of-way.
D. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section
24-8-10.6 of the Weld County Code. Net acreage calculations should not include future road
right-of-way.
E. 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.
F. The applicant shall provide the Weld County Department of Planning Services with a Statement
of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original
parcel.
5. Items to be included on the plat:
A. The plat shall be titled: Recorded Exemption No.0551-33-03 RECX18-0004
B. Show the floodplain and floodway (if applicable) boundaries on the plat. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number and/or appropriate
study.
C. 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.
D. All recorded easements and rights -of -way shall be delineated on the plat by book and page
number or reception number.
RECX18-0004
Page 2 of 6
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) Weld County will not replace overlapping easements located within existing right-of-
way or pay to relocate existing utilities within the existing County right-of-way.
6) Access on the site shall be maintained to mitigate any impacts to the public road
including damages and/or offsite tracking.
7) Any work that may occupy and or encroach upon any County rights -of -way or
easement shall acquire an approved Right -of -Way Use Permit prior to
commencement.
8) The property owner shall control noxious weeds on the site.
9) The historical flow patterns and runoff amounts will be maintained on the site.
10) A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway as delineated on Federal Emergency
Management Agency (FEMA) FIRM Community Panel Map # 08123C -1250E dated
January 20, 2016 (Lone Tree Creek floodplain). Any development shall comply with
all applicable Weld County requirements, Colorado Water Conservation Board
requirements as described in Rules and Regulations for Regulatory Floodplains in
Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59,
60, and 65. The FEMA definition of development is any man-made change to improved
or unimproved real estate, including by not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of
equipment and materials.
11) FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start
of any development activities, the owner should contact Weld County to determine if
the floodplain boundaries have been modified.
12) The installation of any septic system within the 100 -year flood plain shall comply with
the Weld County O.W.T.S. flood plain policy. In accordance with the State of Colorado
O.W.T.S. Regulations, no septic system shall be installed within the floodway.
RECX18-0004
Page 3 of 6
13) 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.
14) Prior to the release of building permits on Lots A or B, the applicant shall submit
evidence to the Department of Planning Services that Lot has an adequate water
supply of sufficient quality, quantity and dependability.
15) Building permits shall be obtained prior to the construction of any building. Buildings
that meet the definition of an Ag Exempt Building per the requirements of Section 29-
1-20 and Section 29-3-20.6.13 of the Weld County Code do not need building permits,
however, a Certificate of Compliance must be filed with the Planning Department and
an electrical and/or plumbing permit is required for any electrical service to the building
or water for watering or washing of livestock or poultry.
16) Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County -Wide Road Impact Fee Program.
17) 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.
18) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some
of the most abundant mineral resources, including, but not limited to, sand and gravel,
oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are
vital resources because (a) the State's commercial mineral deposits are essential to
the State's economy; (b) the populous counties of the state face a critical shortage of
such deposits; and (c) such deposits should be extracted according to a rational plan,
calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving
into these areas must recognize the various impacts associated with this
development. Often times, mineral resource sites are fixed to their geographical and
geophysical locations. Moreover, these resources are protected property rights and
mineral owners should be afforded the opportunity to extract the mineral resource.
19) WELD COUNTY'S RIGHT TO FARM: 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
RECX18-0004
Page 4 of 6
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice
for agricultural producers to utilize an accumulation of agricultural machinery and
supplies to assist in their agricultural operations. A concentration of miscellaneous
agricultural materials often produces a visual disparity between rural and urban areas
of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall
not be found to be a public or private nuisance if the agricultural operation alleged to
be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is
unrealistic to assume that ditches and reservoirs may simply be moved "out of the way"
of residential development. When moving to the County, property owners and
residents must realize they cannot take water from irrigation ditches, lakes, or other
structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles
in size (twice the size of the State of Delaware) with more than three thousand seven
hundred (3,700) miles of State and County roads outside of municipalities. The sheer
magnitude of the area to be served stretches available resources. Law enforcement is
based on responses to complaints more than on patrols of the County, and the
distances which must be traveled may delay all emergency responses, including law
enforcement, ambulance, and fire. Fire protection is usually provided by volunteers
who must leave their jobs and families to respond to emergencies. County gravel
roads, no matter how often they are bladed, will not provide the same kind of surface
expected from a paved road. Snow removal priorities mean that roads from
subdivisions to arterials may not be cleared for several days after a major snowstorm.
Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural 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 maos@co.weld.co.us.
RECX18-0004
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
Angela Snyder, Planner I
RECX18-0004
Page 6 of 6
Date: March 5, 2018
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