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Home My WebLink About20230376.tiffRESOLUTION RE: APPROVE PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION, RECX17-0072, FOR REMOVAL OF LOT D - ST NOCO ACQUISITIONS, 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 June 7, 2017, the Department of Planning Services approved Four -Lot Recorded Exemption, RECX17-0027, and WHEREAS, the Board has received a request from the current property owner, St. Noco Acquisitions, LLC, represented by Terry Younglove, 3595 Belmont Road, Bellaire, Ohio 43906, to vacate Lot D of Recorded Exemption, RECX17-0072, located on the following described real estate, to wit: Lot D of Recorded Exemption, RECX17-0072; being part of the SE1/4 of Section 24, Township 9 North, Range 66 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 St. Noco Acquisitions, LLC, for Partial Vacation of Four -Lot Recorded Exemption, RECX17-0072, for removal of Lot D, 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. 4881765 Pages: 1 of 2 02/14/2023 03:23 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO IIIII WilreilliVidiiklik40411.6d4Alealit4'it, BM Cc : PL(TP/Mw/M1133 Pt?Pi- . 03/17/33 2023-0376 RECX17-0072 PARTIAL VACATION OF FOUR -LOT RECORDED EXEMPTION, RECX17-0072, FOR REMOVAL OF LOT D - ST NOCO ACQUISITIONS, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of February, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dithA) .. D•„k Weld County Clerk to the Board County Att: ney Date of signature: 02-/09/23 4881765 Pages: 2 of 2 02/14/2023 03:23 aMd Re Fed$0.00 0 d County JIM 1111 Carly KopPes, Mike reeman, Chair 2023-0376 RECX17-0072 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Weld County Board of County Commissioners From: Molly Nelson, Planner Subject: Partial Vacation of RECX17-0072 Hearing Date: February 6, 2023 Owners: St. Noco Acquisitions LLC, Ian Scott Mattoch, and Robert Peterkin Representative: Terry Younglove 3595 Belmont Road, Bellaire OH 43906 Legal Description: Lot D of Recorded Exemption RECX17-0072; being a part of the SE4 of Section 24, T9N, R66W of the 6th P.M., Weld County, CO Location: West and adjacent of County Road 37; North and adjacent to County Road 102 Parcel Number: 0455-24-4-00-031 Total Parcel Size: +1- 128.43 acres Zone District: A (Agricultural) Summary: The applicant requests to vacate Lot D, being the largest lot of the four -Lot Recorded Exemption RECX17- 0072, recorded August 9, 2017, reception #4335532. This partial vacation of Lot D of RECX17-0072 would result in an approximately 128.43 acre unplatted parcel. Lot A, Lot B, and Lot C of RECX17-0072 are 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. 2023-0376 Vacation of Lot D of RECX17-0072 I Younglove Page 1 of 2 f-eX11-OD'lz 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 D of RECX17-0072 I Younglove Page 2 of 2 'December12, 2022 To Whom it may concern: RE: Recorded Exemption RECX17-OO72 The purpose of this vacation is to allow for future, further division of Lot 0, Parcel number 045524400031. ST NOCO ACQUISITIONS LLC has acquired lot D for the purpose of the vacating the Recorded Exemption #0455-24-O4 subsequent to the Partial Vacation Process, Ordinance 2021-08. AS depicted, on the attached preliminary Vacation plat, there ate several existing utility & access easements and dedicated right of ways that exist on and adjected to the subject property. The shared utility and access easement has been recorded by separate instrument in anticipation of the vacation of Lot D. It is our intention to perpetuate the use of the existing easements and dedicate our portion of these easement(s) as non-exclusive easements for public use, The existing recorded exemption RECX17-0072 and a preliminary Vacation Plat showing the vacation of Lot Dan a metes and bounds description of Lot D is included In this letter, ST NOCO Ac isitio LC let ole0.7. lie v 1 Pit. Attachment: Preliminary Vacation' Plat date VACATION OF LOT D OF RECORDED EXEMPTION 0455-24-04 RECX17-0072 BEING THE SOUTHEAST QUARTER SECTION 24. TOWNSHIP 9 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN OF WELD COUNTY, STATE OF COLORADO. awrnw to,•ni a ¢c„a �o.•owr,•iau, •n.•in . -- W tt,..rn..i,.xi wna)oanm {p/tx OUM)U Cabo. P v�enop LL ,o..aa. w•m. .air. pow w�a. alU.ipprlC�,f.CErtN LOT D VACATED ON (DATEj, BY RESOLUTION (RES. NO.j OF THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY 129.3478 ACRES M •p•aryLL-w ee).m �.m +ae ..«.co.cuu •o x+aln U.I[r•r •[om,r,. ww uaw j ii u•eni"w �f).m � i COMMENCING: -LTA. !ti N tYW,.•W •o �aTu6p n .in.�ow xpre•i•cp.•..n.ia .o.rrox,camo it J '5'lr5t/1P F N1[A• WELD COUNTY ROAD t02 .en.+o.i a w ;. tcaoio :1 , ;;;;;.-2J,;;;;;--- pOnaW ��n.,,,•� •w � pd n{iM.L.)i MM+i,p [itiM•i.�a�s-• �dw en�ian � u..+.orr lesarw mw,. ••••••••••••,•••••••••••••••••••• NORTH SCALE 1' • 150' ,.. cprds.w.., •art[rpw, a.o..aup.wd.... euirun.acpwpm. ,r/J'iaiirrE wr•uxYi)• K •ON[ n •4«•[tr pgw[iWn., [Kl•4YNi.0 •.e.,•,Otl aaw.w.a a•. •.[ p -w..�rluuop.. eira,caasn. urn. r.opa+.e•Ia�o [u•[..a)i .ur, i.p Y6�+n..o i..ucopa•a•u ro••d •pnn •uen.r�aa ca.a�w,[..o ros. moo o•.pi le M .a.r redu.r it p ,.•..u.rr� d.p, oarl.- wvwn aoei-r r 'C'L� m [a,•ap cn..n a,...•a.•, ' a ua..�. o..�ie� `a .o N.cr`"�.c.`"r..' wwca.�a•.a �..p•o wutl"�'mp..�,�..�.oM.re�+.rn avM... � dwnaaa.roxe [p•o d o Rf hc a0 6a . nn�.,�«.e�.:.e.u; �ri'.`onm`e p• yn3 0C t>f9 Od�.GMMwMtlwY„lK�m.rts. 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Mr aedma;m wawe:y r.aara wwmwrw M' aaerarr.rrb Hrol mare all«t w way a 0U. eo faa Iran a arre am aeraw Iran 9.n.ra' Wamraen a a..ea w ar. maabe q w o.rraw 'b"'* ane otMr Kcdtlbq ro Caw000 bv. larr mre ammwa. w'D' bavl ao'en tare Mwcf it m's va�i wry a. aHpinf ew.o«r �r.a.Whwn w able a H�i> a�illflcaHa a+e.n Mram� � n PROPERTY DESCRIPTION: w saaMwl V. a satyr r.. >a.nryo 9 MaH Raa. a rM a w sm R.r., Laarr a�wa, srol. a c •em. �s •rro•.� a..+s.e aro.e... ro-..: ce^.:erap w rM Rn. a Me MrfMM r/. w bW0 srorortx ane .rm a mva a.r.:r rNaH'w rn..fa b .w ewamy ri.w .n'an a.yn w fM ral 1/. ewr.+ a Wa sauan >. are Mr mwa. aan9 w c ba a .ae r �.. rwro'.ar'>a.).s, fa fn w safMM ter•. a w reed. >.; w.rc. a..y fM Savm ba N wb tauflr.a.f I%., NE9^JO'r.Y' pagbpp.. rM fe mWtafn Cerrrw a .de SwWn N: llrarav oby r«I lGr. a aeU Sanwa I/), ntlOgT]O+' 1G455 rM d NwCaM Yaip .MJaf to a.mwrwba, AWa-e%.ay Nrkn w. .1� f f' � r v IY M12B3 I«f m w fwirf a egY>iq. csNOYnq 119. rB6! sty, rnw. w f q L,M� � bN /« a w am« ocxrd« p�pdy m MMry wo'riW IM >mr w aro.n m w afxnW mqv. I arerrterp w1 prvody b bcvM sane ro wale. a.m M w avMne a aMr aw. q •lyre, aa..»ey u«w aM wn q ««ior n•rw. G . ' .� star. a carame . Lamb a Ioraar w lorwabr9 a.ammfbn .a. ocraal.e9.e bld. m ,n0 y...ber .14 �^�aaorc wowS'�"t>Rd'SA�ar DEPARTMENT OF PUNNING SERVICES ADMINISTRATIVE REVIEW CERTIFICATE: rN. Ga sml. a Cabana t'waHr a ram b, aa.rr:aron ww:w �l5Lro .14 Y/rtbBaner b,.R) atBr,t 11y;aL.v, ffMr.�>m m'Sl."�' Nmm � M,e wa .W. � � a9tzM>baa n 4Nre ua\m SURVEYOR'S CEmRdaIFICATE.' t«ww'aRi dam mn rM taps ty w sM. a cww 7 e. n.r.q c.my ma w a.«) rmw.ntw q M1. ✓a .a =7- tb/wwa xa. BaW a f.Mat i waw.idra r mare. r faro.. carp. maw boa w'. aw .arm.'w Nm r mpaab rob.. royrerb«sroa a R.yaMirn ayrwr. orarariaw lap Saa. ha Cwnb. EASEMENT CERTIFICATE' I (hJ fM ararayn.rr. m Mnq ea:.a YMIrDr aM?o[1n1LS. LLL rrwbsnF, 6 �q9q9 hem 4 r pro M QVE o f v+avrrovn waii`ru+a iii w� ni ..:.rv.-....:....v hs ru. RECORDED EXEMPTION No. 0455-24-04 RECX 17— 0072 BEING THE SOUTHEAST 1/4 OF SECTION 24, TOWNSHIP 9 NORTH, RANGE 66 WEST OF THE SIXTH P.M., COUNTY OF WELD, STATE OF COLORADO V. a sne.:.-rvr._'pa°w s"^+"`, o /:•.:�s^�" �,r�s� �mm-rteer WELD COUNTY ROAD l02 .ma ,pnr-a-- r r u...na rtrww ee.. ea ww rn. a..roren wo. r.rax .«oro.e ro/rrnees LINE LEGEND: stern r:,. Rw.nr net .pnr-er-.ry Ew.n.rt w. VICINITY MAP xn o rm .0 am owwc scut - rur .000 ,00, ro: L.. SITE 0 nTO a g 3 o:..ol wMi�r. ONC 'WE 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@weldgov.com. Date: February 6, 2023 Time: 9:00 a.m. Applicant: St. Noco Acquisitions, LLC c/o Terry Younglove 3595 Belmont Road Bellaire, Ohio 43906 Request: Partial Vacation of Four -Lot Recorded Exemption, RECX17-0072, for Removal of Lot D Legal Description: Lot D or Recorded Exemption, RECX17-0072; being part of the SE1/4 of Section 24, Township 9 North, Range 66 West of the 6th P.M., Weld County, Colorado Location: West of and adjacent to County Road 37, north of and adjacent to County Road 102 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: January 25, 2023 r1 6-0 N N a II a C a r -R ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RECX17-OO72 Owner ROBERT PETERKIN ST NOCO ACQUISITIONS LLC IAN MATTOCH TERRY YOUNGLOVE DARRIN AND JESSINA MORSE PAUL AND CADRA KRUEGER J W AND JAMES DAHMER Address P.O. BOX 1614 3595 BELMONT STREET 17649 COUNTY ROAD 102 17885 COUNTY ROAD 102, LOT B 50495 COUNTY ROAD 37 City KENAI BELLAIRE NUNN NUNN NUNN State Zip AK 99611 OH CO CO CO 43906-1205 80648-9712 80648-9712 80648-9735 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-OO72, in the United States Mail, postage prepaid First Class Mail as listed above. Dated the 25th day of January, 2023. cjard tispetA 14)1 tic Janet M. Wai Deputy Clerk to t • U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com®. Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ Postage Total Postage and Fees Senci4 ?cA-c,rXin 1 4 Sir • d t. Nr P N •t' Ci 7P+4 4% • A PS Form 3800, April 2015 PSN 7530-02-000-9047 Postmark Here See Reverse for Instructions SENDER: COMPLETE THIS SECTION a) Zgi a) U a) CC f 0 o 6 a) j ® 4/.5 o0 Cl) 0 (( am cc EEC — w� c c•a) UUc ca 2 2 2 2 2 2 0 0 O (+11 tip s O a)•: a C cn t O Q) a? .2 Q) a. cc cc❑cncncc ❑❑❑ DO a) a) aL- QJ U a) D �Q c-i ❑ st.%) 0 T• r) T U V O .n.. O U a) CC N 92®CC cti c 3 c 2 °La so a C CD a) 'd O 015 UUU_ ❑❑❑[ Q C) 4-0 O - o -o Cri cts -o Cu a) co C 0 a) a) O C E c- O •L O O CL cn ■ ■ .ro E 4— O U ocs O T2 i U ecn U as ■ a a) co U) O 9- O O Article Addressed to: C� 9590 9402 7331 2028 8561 Article Number (Transfer from service label) c, stricted Delivery ❑ 0 • j 0 O��(-1 r1 N 0 a I] a CI rR O N Domestic Return Re, co rn 0 0 N 0 0 ti CL Co O O 2 T CO co C/) 0 co lU CI a N U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com`u'. w�eas { 4:0 E Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate ❑ Return Receipt (hardcopy) $ El Return Receipt (electronic) ❑ Certified Mail Restricted Delivery El Adult Signature Required ❑ Adult Signature Restricted Delivery $ Postage $ ST \9eeo tage andees $ aloan i VVA, Se Street Si IZs Postmark Here +t nneL5 LLG i No. °t710r, +7 Zer i 7 14; ire PS Form 3800, April 2015 PSN 7530-02-000-9047 SENDER: COMPLETE THIS SECTION U) 0 O Q U a) SIC > a 'Ea O O O CO 1 O 4-1 — Cyj N U Y E L 0 C n -C -O N Z7 E -cc Ct r O U) U) a) E O C +c � � O C U La L (1) Le- -92 O 3 ..0 a) CCCtQ O O a 0 < 6- • ■ • ❑D c•• T • E CD ). O cn 4 aa C aoci a) a) Q) " CU a? C a) a) 7c)w u 3 N P t\i} 4. CI YI te` de -3 OC a) a4 Q Ni) C CS C C C 9 zA5 See Reverse for Instructions U 02 2 Q. W .F:1cw 2�a, -.'.0 .v_) v c- cif 'c ≥ C ... o C . '° C)) a) . a .0) .) a a. CC CC O CO cn CC ODD ❑❑ a) 'i N a) cc 0 0 Ca a. a) 000 ❑ aN a) a O ) > -o O --a-) o .0 .6.. -D U a) V) C U a) +. cc v7 -- c ro a' aN 0a)0 Q= m®=•≥-≥ ~ cal co O O 'cis Q) c c�� c c .a)- -5u) -5u) : : 11)-46 -I2): W< 'KJUUU. i 0 �s N CV CO CO CO N CO CO i- N 0 0) 0 0) C3') U E O U] N 6-13 a a CI r9 a Domestic Return Receipt co a) 0 th 0 Z i1 O N a T' CO >° co U] m N iso N Er O a a 0 rR r-1 a) a) 73 << ❑❑ as st,EiM ❑ ❑ o 1' on U � 0 E O La O ro a) U > — sC > c 4-4 O 73 O M C) cis U o ed 0 as c\D La .4-' r al 0 O O La D N C U U a) `) O O +-a a a. Rs -o E C4J CO O •c:0 I:: Otto < • ■ ■ cri a a) a O —C 0 La O ) O 07 0 en a L A -, r3 C) 2 Q 13 Q t‘4 a cs -o F. o c ® 1.• 0 0 0 fi Q2 CC E 62J_22 0 •c -0 .s 0 22 aCB 4)a �.N>cb ��c •c 0) a) a) � aoccrow ❑❑❑ ❑ U a) N U a) CC a) Qm 22®cc '"fl 22 (n (n a) a) < < O C 0 co a) U Cn in CC a) .D U a) CC o a) oo-a 0 0c- 00� cri❑❑❑❑❑ "--Z; roe. Y — LI) co N co co 0 ras f✓ to co co 0 0) 0) 0) U) -Q cU U O Cu L z m .. Q a) C) .D a) 4-. .c. a) cc a do _ in co nu a D rR r -R a Domestic Return Receipt PS Form 3811, July 2020 PSN 7530-02-000-9053 U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com . Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ El Return Receipt (electronic) ❑ Certified Mail Restricted Delivery ❑ Adult Signature Required $ Adult Signature Restricted Delivery $ Postage Total Postage and Fees PS Form 3800, April 2015 PSN 7530-02-000-9047 Postmark Here U.S. Postal Service'' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com'"'. Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) • Return Receipt (electronic) ❑ Certified Mail Restricted Delivery • Adult Signature Required $ Adult Signature Restricted Delivery $ Postage Total Postage and Fees S Spot n tht., ��.(A-ad 101 tz+5 Postmark Here PS Form 3800, April 2015 PSN 7530-02-000-9047 1!Z 40 O COMPLETE THIS SECTION ON DELIVERY N ^, i N o re) o O J IDCZNHII) c:3 NDb >1 -es C .15 COLO .05 CC ai r 0 o _a Lou) c CD al o w V O (Ts 0 (1) a) w cn 2 0 O Uo Ua 2 E) (1) rjr cn 00 - > cv •— g Ft)ro accccOcn(ncc ❑❑❑ ❑❑ a) ≥ o V O U V U CC N a) a) -t QUU ❑❑❑ CC) D -D a) a) 1- O -O c ti a) .T .1 CC Of> •ate.. 0055so • - w SENDER: COMPLETE THIS SECTION a) a > . •- C) �O -cC o -a C7 2 ID Z3 ej CU -a j r as O E (CS 0 U a) o a >Nctj C C- Ul2 u) cn O+= E U «3 � .a a - N Ua) O En .-- U O N O E Q) LC - C3 O i+ L Q o a Article Addressed to: cse p Do ade C � C 1'- kr al 9590 9402 7331 2028 8562 29 ro U_ oco E O C co N 1✓ Q N ru N Er CI a r -R CI N Domestic Return Receipt PS Form 3811, July 2020 PSN 7530-02-000-9053 U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information. visit our website at www.usps.com' Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) O Certified Mail Restricted Delivery • Adult Signature Required $ Adult Signature Restricted Delivery $ Postage Total Postage and Fees � !T��\ _ n t Dahatty end WQ11QC�1Qin'i�iS Postmark Here Sire SLAV Box Nos1,.� 'f wd 31 utic-cii55 Ci ' ate, ZIP+4 PS Form 3800, April 2015 PSN 7530-02-000-9047 NOTICE Pursuant to the zoning laws of the St hearing will be held in the Chambers of the Colorado, Weld County Administration Bu Colorado 80631, at the time specified. If a court reporter is desired, please days prior to the hearing. The cost of engag party. In accordance with the Americans v required in order for you to participate in tt Office at (970) 400-4225, prior to the day of' The complete case file may be exam Commissioners, Weld County Administratioi Email messages sent to an individual Com ensure inclusion of your email correspo egesick@weldgov.com. Date: February 6, 2023 Time: 9:00 a.m. Applicant: St. Noco Acquisitions, LLC c/o Terry Younglove 3595 Belmont Road Bellaire, Ohio 43906 Request: Partial Vacation of Four -Lot Recd Legal Description: Lot D or Recorded E; Section 24, Township 9 North, Range 66 V Location: West of and adjacent to Count (see Legal Description for precise locatio Board of County Commissioners Weld County, Colorado Dated: January 25, 2023 7017 1450 0000 9674 6759 kip CE --- u 0"-.7- 0<3t Z1 -4e, O WC WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 1/10/2023 11:02:06 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. O15trldrik •ujl4a)IA- Signature 111017,3 Date Property Owners Within 500 Feet of Parcel # 045524400031 Account Parcel Owner Mailing Address R0328786 045524000006 VARRA DIANNA F R0328786 045524000006 VARRA THOMAS E 9080 COUNTY ROAD 102 NUNN, CO 806489711 R8950368 045524100024 SINGLETON NICOLE R R8950368 045524100024 SINGLETON JEFFERY 2918 SOMBRERO LN FORT COLLINS, CO 805252462 R8950371 045524100027 WISNER LORI R8950371 045524100027 WISNER MARK PO BOX 248 NUNN, CO 806480248 R8948750 045524300031 TORREZ ALISHA R8948750 045524300031 KROEKER WESLEY 17481 COUNTY ROAD 102 NUNN, CO 806489712 R8950372 045524400028 MORSE JESSINA M Parcels: 14 Owner Records: 27 Page 1 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 1/10/2023 11:02:06 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. OutilYI•VioAto) 1110 Z3 Property Owners Within 500 Feet of Parcel # 045524400031 Signature Date Account Parcel Owner Mailing Address R8950372 045524400028 Lb4- MORSE DARRIN WAYNE 17649 COUNTY ROAD 102 NUNN, CO 806489712 R8950373 045524400029 KRUEGER CADRA R8950373 045524400029 tD 5 KRUEGER PAUL 17885 COUNTY ROAD 102 LOT B NUNN, CO 806489712 R8950374 0455yyV2440nn0030 1.-D1- DAHMER JAMES N R8950374 045524400030 ^ Loo- V DAHMER J W 50495 COUNTY ROAD 37 NUNN, CO 806489735 R8950375 045524400031 L0 f p MATTOCH IAN SCOTT R8950375 045524400031 Lo+ P PETERKIN ROBERT R8950375 045524400031 ST NOCO ACQUISITIONS LLC R8950375 045524400031 Lo+T) YOUNGLOVE TERRY 3595 BELMONT ST BELLAIRE, OH 439061205 Parcels: 14 Owner Records: 27 Page 2 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 1/10/2023 11:02:06 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. ,k jilt .'USa4 w t ck ( r 1 u 123 Signature Date Property Owners Within 500 Feet of Parcel # 045524400031 Account Parcel Owner Mailing Address R8979168 045525100011 YAHWEH PROPERTIES LLC 49720 US HIGHWAY 85 NUNN, CO 806488906 R8979185 045525100024 YAHWEH PROPERTIES LLC 440 RICHARDS LAKE RD FORT COLLINS, CO 805241633 R8979176 045525200010 YAHWEH PROPERTIES LLC 49720 US HIGHWAY 85 NUNN, CO 806488906 R1403202 045719300009 GOODWIN WHITNEY J R1403202 045719300009 GOODWIN JAMES E JR 13 CLOUDVIEW CT SANTA FE, NM 875068261 R1403302 045719300010 BOGGS ROBIN E R1403302 045719300010 BOGGS JAMES R 50254 COUNTY ROAD 37 NUNN, CO 806489735 R1403402 045719300011 KINNISON SARA MAE R1403402 045719300011 KINNISON MATTHEW DEAN 18179 COUNTY ROAD 102 NUNN, CO 806489743 Parcels: 14 Owner Records: 27 Page 3 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 1/10/2023 11:02:06 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 # 045524400031 Parcels: 14 Owner Records: 27 Signature Z 3 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:\/ . (-ice-, o'fr LO'+ D t 'f 0455-29-M so2 LI TLIV R tta0, V✓ ❑ 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 0 o4S 5 a 1 H o o o 3 I (3-9.35 s (3 a -4 AcC-e 551c�. �-;1 � 41 E4s me, ' l 6n Lit h ve lneen Ceco rced by to}r wmt,15 --z) e.Yls Ure. -C- -%s 4O, 164- n, N ,,,,f5 ('ie l n i n0.- AA.,; tS 4--b. l PROPERTY OWNER(S) (Attach additional sheets if necessary.) P ',oce6s9-5 0 c- t o+ D Acreage Affected Easements Name: 1—e r r 1 \ J. Company: S-. Nn r Phone #: ct70 10c1 I `iZ_ C, Email: 'l!' 0 .r A I Oj,0 rn S vt Street Address: 5 City/State/Zip Code: f xa L -G,; r j O 4-E y s`td4,- f 22 APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent.) Name: Company: Phone #: Email: Street Address: City/State/Zip Code: I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the property must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application. If the fee owner is a corporation, evidence must be included indicating the signatory has the legal authority to sign for the corporation. I (We) have read and agree to comply with the regulations for complete or partial vacation of recorded exemption or subdivision exemption. Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date Print: Owner or Authorized Agent Print: Owner or Authorized Agent 7/20/2021 I, (We), Robert Peterkin DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1555 NORTH 17°° AVENUE ' GREELEY, CO 80631 AUTHORIZATION FORM Terry Younglove give permission to (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: Vacation Application Legal Description: Lot D of 0455 24-04 of Section 24 , Township9 N, Range 66 W Subdivision Name: : Lot Block Property Owners Information: L� Address: /°0 8O)( /4 S / K°I4e/ Ar 9 �� Phone: 919 7- 2 552 ' 74/$'2- E-mail: i4-er , p -e g O eke' uo vi /. Authorized Agent/Applicant Contact Information: 3595 Belmont Road Address: Phone: 970-691-4266 E -Mail: tyounglove@msn.com Correspondence to be sent to: Owner ja Authorized Agent/Applicant t - by: Mail Email Additional Info: Al `e (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. /4 Owner Signature Dat Subscribed and sworn to before me this 3 Owner Signature Date 11."3/4.' day of MUMS ary Public , 20 /?) by DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1555 NORTH 17TH AVENUE GREELEY, CO 80631 AUTTHQRIZATION FORM t_d Robert-Peterkin Terry Younglove I. (We), e), permission to (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: Vacation Application Legal Description: Lot D of 0455-24-04 of Section 24 , Townships N, Range 66 W Subdivision Name: Property Owners Information: Address: Phone: Lot ' Block E-mail: Authorized Agent/Applicant Contact Information: Address: 3595 Belmont Road Phone: 970-691-4266 E -Mail: tyounglove@msn.com Correspondence to be sent to: Owner Authorized Agent/Applicant r- by: Mail Email= Additional Info: I (We) hereby certify, under = natty of perjury and after carefully reading the entire contents of this document, th - e inform - o stated above is true and correct to the best of my (our) knowledge. Date '///Z3 Date Owner Signature Owner S Subscribed and sworn to before me this I day of JaV'tf%,lr) , 20 Z 3 by Lin Ma�`� 04 I My commission expires 0'9/402,6' HARLEY HOLUB NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20224032745 MY COMMISSION EXPIRES AUGUST 19, 2026 Notary Pu 4707084 04/22/2021 08:19 AM Total Pages: 2 Rec Fee: $18.00 Carly Koppes - Clerk and Recorder, Weld County , CO WHEN RECORDED RETURN TO: St NOW Aaqu, LLC STATEMENT OF AUTHORITY 1. This Statement of Authority relates to an entity gamed St N000 AogWsitions, U.C. 2. The typeafentity Isa o Commotion O Pion -Profit Corporation O .General Partnership Ci United Partnership O LUrrdted Paroteranip Aseodation O Registered United U qr Patrnxstap o Rees mad United Liability Urnited Partnership O Unincorporated Nan-Prollt Association " Goverernental Subdislon or Agency ® tented Uabltty acripany O Trust o Busaress Trust O 3. The entity Is formed under the laws of Coloreds 4. The milling address for the entity is 5. The name and position of each person amthorined to execute instruments conveying, encumbering. or otimenehe affecting title to real property on behalf of the ems► fs ten Smut Maltodl and/or Terry Youngla a as Manager . 6. (Options9 The authority of the foregoing person(a) to bind the entity t] i9 not limited tx) is limited as fo0ows: 7. (OpWrs 0Other mattes costuming the manna in whtdm time entity deals writ interests in real property: 8. This gate neat of Authority is executed on behalf d the entity pursuant the provisions of Section 30.90.172, C.O.S. Ececuted , . 2 day of March, -201921.-6100( By: Tarry Its: Ma Starts of County of The foregoing instrument was adurawiedged to before me this Taffy Younglove, the Manager of St Noce Acqulalgone, U.C. By; Tan Its: Maims 714 ttbrass my hand and official seaL sty commission expires: Patemelly 4707084 04/22/2021 08:19 AM Page 2of2 state of Kura dety of &Oat The foregoing Ins...tart was aclseorrfedoed to before tree this dew of /tIttkh -Or by tan Scott M et d, the elaniager d Snow AcpedsftlOra► WC. Nitrates my hash and 11111 by Ootrrrttsmore es�tes: e s1 #4, fttath "A. Mehl. Fast t reset Doc Oats jagy/r d,Z/ • —?..t.._... NOTARYCIERTIRCAT1ON 4661431 12/16/2020 10:02 AM Total Pages: 2 Rec Fee: $18.00 Carly Koppes - Clerk and Recorder, Weld County, CO WHEN RECORDED RETURN TO: St Noco Acquisitions LLC 0 TBD WCR 102 & 27 Nunn, CO 80648 File Number: 5525-3616770 First American SPECIAL WARRANTY DEED THIS DEED, Made this Seventh day of December, 2020, between Yahweh Properties LLC, a Wyoming limited liability company duly organized and existing under and by virtue of the laws of the State of Wyoming, grantor, and St Noco Acquisitions LLC, a Colorado limited liability company whose legal address is 0 TBD WCR 102 8+:27, Nunn, CO 80648 of the County of Weld and State of Colorado, grantee: WITNESSETH, That the grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his helm, successors and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being In the County of Weld, State of Colorado, described as follows: AN UNDIVIDED 50% INTEREST IN AND TO THE FOLLOWING DESCRIBED TRACT OF LAND: LOT D OF RECORDED EXEMPTION NO. 0455-24-04 RECX17-0072, RECORDED SEPTEMBER 14, 2017 AT RECEPTION NO. 4335532, BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 9 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. a also known by street and number as, 0 TBD WCR 102 & 27, Nunn, CO 80648 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging,' or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained, premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee his heirs, and assign forever. The grantor for his heirs and personal representatives or successors, does covenant and agree that this shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor except general taxes for the current year and subsequent years, and subject to statutory exceptions. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. Page 1 of 2 Doc Fee: $ 4661431 12/16/2020 10:02 AM Page 2 of 2 IN WITNESS WHEREOF, The grantor has caused its corporate name to be hereunto subscribed by its Manager, and its corporate seal to be hereunto affixed, attested by its Manager, the day and year flrst above written, Yahweh Properties LLC, a Wyoming limited liability company By: Na :: rian Bannister Title: Manager State of Colorado )ss County of Weld The foregoing instrument was acknowledged to before me this Seventh day of December, 2020 by Brian Bannister, the Manager of Yahweh Properties LLC, a Wyoming limited liability company. Witness my hand and official seal. My commission expires: No F.'i' Public ELIZABETH ELSTON Notary Public State of Colorado . Notary ID 1319984030337 f�+:y Commission Ex•ires.10-30-2022 Page 2 of 2 4588396 Pages: 1 of 3 05/08/2020 03:28 PM R Fee:$23.00 D Fee:S0.00 Carly Koppea, Clerk and Recorder, Weld County, CO I rAilkiMliII4N10'A II WARRANTY DEED THIS IS DEED, Made this day of4,pr1 7.67,6 , 2020 between last Scott Mattoch (1/3), Testy Younglove (1/3), and Robert Peterkin (1/3), Grantor(s) and 50% to Yahweh Properties LLC, a Colorado Foreign Limited Liability Company and 50% to Ian Scott Mattoch (1/3), Testy Younglove (1/3), and Robert Peterkin (I/3), as Tenants in Common, Grantees: WIINESSETH, That the grantor for and in consideration of the sum of ONE HUNDRED DOLLARS ($100.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell convey and confirm, unto the Grantees, their heirs, successors and assigns forever, an undivided one-half interest in the surface rights only of the real property, together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows 7'ownthin 9 North. Range 65 West of the 6111 Principal Meridiap Section 24: Lot D (126.6061) of Recorded Exempdon No. 0455-24-01 RECX17-0071 recorded at Reception No. 4335533 on September 14, 2017 in the office of the Weld County Clerk and Recorder; AND Section 24: Lot D (127.3478) of Recorded Exemption No. 0455-24-04 RECX17-0072 recorded at Reception No. 4335532 on September 14, 2017 in the office of the Weld County Clerk and Recorder. Except an and all minerals currently owned by Grantor TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and remainders, rents, issues and profits thereof and all the estate, right, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said grantees, their heirs and assigns forever, And the Grantor, for himself, his heirs and personal representatives, does covenant, grant; bargain and agree to and, with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions'of whatever kind or nature soever, and except general taxes for the current year and subsequent years. The Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises hi the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof.. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, The Grantor has executed this deed on the date set forth above. Signed thistiay of gc ,,Q1 , 20 . 4388396 Pages: 2 of 3 CCr,0 03:28 PM R Fee:$23.00 D Fee:0.00 rty al! l!, eterk and Reoorder, Wetd County, 0 VIII IIMJ thiNINI ClAItial ViwNA MI 'KU Bill Terry Y Robert Peterkin STATE OF 3o[ -/ t.4 j ) COUNTY OF glib ) The foregoing instrument was acknowledged before me this _ Witness my hand and official seal. My commission expires: a00C/ STATE OF I/Vet/. v`f3;,,il/ ) COUNTY OF 0/710 0 day of 20 00, by Ian Scott Mattoch. Notary Public The foregoing instrument was acknowledged before me this gird day of A/, i. , 20 90, by Terry Younglove. Witness my hand and official seal. My commission expires: Tot, l% 9ja(i STATE OF a ) COUNTY OF N404V otary Public ��u r lug,. G) The foregoing instrument was ackn s Witness my hand and official sea J� pP.•••" �/ My commission expires: 'TAl t.txP.UBLIC.4 it CX� .......... Notary Public /Illllll�ll�\ NOTARY PUBLIC OFFICIAL SEAL THOMAS JOSEPH ROBERTS State of West Virginia My Commission Wires June 19, 2024 . , 47 WA0NINATON AVE. WHEELING, WV 26003 day of ! (1' RIL , 20 7—Qby Robert Peterkin. 4388396 Pages: 3 of 3 05/08/2020 03:28 PM R Fee:$23.00 D Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO Mrd+I4Kdil Terry Younglove Robert Peterkin STATE OF 0,4 W 1433 COUNTY OF Ho N o�-wLi.i 0\111111!/0, The foregoing instrument was acknowledged before me this aybfycs��y.�.•.Q� , 20 2.C., by Ian Scott Mattoch. Witness my hand and official seal. _ ,00i * i 86-206 t * My commission expires: STATE OF - COUNTY OF M. R/ /ilu1��,►1 NotaryPublic The foregoing instrument was acknowledged before me this I day of , 20 , by Terry Younglove. Witness my hand and official seal. My commission expires: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ Witness my hand and official seal. My commission expires: Notary; Public day of _ , 20 by Robert Peterkin. Notary Public WARRANTY DEED STATE OF COLORADO ) COUNTY OF \ ) - THIS DEED, Made this I l day of OCIV ,.2019 between Yahweh Properties, LLC, a Wyoming limited liability company, Grantor, and Ian Scott Mattoch (1/3), Terry Younglove (1/3), and Robert Peterkin (1/3), as Tenants In Common, Grantees:, WITNESSETH, That the grantor for and in consideration of the sum of ONE HUNDRED DOLLARS ($100.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell convey and confirm, unto the Grantees, their heirs, successors and assigns forever, an undivided one-half interest in the surface rights only of the real property, together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows Township 9 North, Range 66 West of the 6s Principal Meridian Section 24: Lot D (126.6061) of Recorded Exemption No. 0455-24-01 RECX17-0071 recorded at Reception No. 4335533 on September 14, 2017 in the office of the Weld County Clerk and. Recorder; AND Section 24: Lot D (1273478) of Recorded Exemption No. 0455-24-04 RECX17-0072 recorded at Reception No. 4335532 on September 14, 2017 in the office of the Weld County Clerk and Recorder. The grantor reserves all right, title, and interest to any and all of the oil, gas, and other minerals owned by grantor under the above -described lands. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and remainders, rents, issues and profits thereof; and all the estate, right, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said grantees, their heirs and assigns forever, And the Grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, and except general taxes for the current year and subsequent years. The Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, The Grantor has executed this deed on the date set forth above. Yahweh Properties, LLC; a W owing limited liability company BY: Brian D. Bannister as Member/Manager COLORADO ACKNOWLEDGMENT 4533628 Pages: 1 of 2 10/18/2019 01:08 PM R Fee:$18.00 D Fee:$0.00 Carly Koppel, Clerk and Recorder, Meld County, CO VIII 14U��My'�0k��l�+h'4 � I IkALAk1 ' rtAl'liif Li II II -I The foregoing instrument was acknowledged before me this I day of CX RJ , 2019, by Brian D. Bannister as Member/Manager of Yahweh Properties, LLC, a Wyoming limited liability company. WITNESS my hand and official seal. My commission expires: Oho ea- 2 Notary Public 2 IMAM BURKE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20194024490 � MY COMMIS 4333628 Pages: 2 of 2 10/18/2019 01:05 PM R Fee:$18.00 D Fee: 0.00 Carly Koppers, Clerk and Recorder, Weld County, CO VIII IM1��L1C%Milt%h/V Nil hiMid Bill -17] June 7, 2017 Yahweh Properties, LLC c/o Sasha & Brian Bannister 440 Richards Lake Road Fort Collins, CO 80524 Subject: 4 -Lot Recorded Exemption RECX17-0072 Parcel ID #: 0455-24-4-00-023 Dear Sasha and Brian, DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue Greeley, Colorado 80631 Website: www.weldgov.com Email: rreddick@weldgov.com Phone: (970) 400-3527 Fax: (970) 304-6498 The Department of Planning Services has reviewed your application and related materials for compliance with the Weld County Code. We find that your proposed Recorded Exemption meets the intent of the Code and it has been conditionally approved by staff. We have enclosed our comments for your case. Please address all issues identified in the staff comments. Prior to submitting the Mylar, please submit an electronic draft (PDF) of your plat for review by the Department of Planning Services staff. Upon approval of the draft plat please submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shalt be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days after the date the Administrative Review was signed or after the date of the Board of County Commissioners resolution. There is a $13 dollar recording fee per Mylar sheet that you will be responsible for paying to record the plat; additional pages are $10 each. 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 recording continuance charge shall be added for each additional 3 month period. Please contact me with any questions. Regards, _A/C-Nice/Lad Rydeddick, Planner DPV DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Yahweh c/o Sasha Properties, & Brian Bannister LLC RECX17-0072 Planner: Ryder Reddick Legal Description: Being the SE4 of Section 24, T9N, R66W of the 6th P.M., Weld County, CO Parcel ID #: 0455-24-4 00-023 Lot A Size. +/- 10 acres Lot B Size: +/- 10 acres Lot C Size: +1- 10 acres a Lot D Size: +/- 130 acres Water Source: Lot Lot Lot Lot A: B: C: D: Well Proposed Proposed Proposed Permit #178688 Well Well Well Sewer System: Lot Lot Lot Lot A: B: C: D: Proposed Proposed Proposed Proposed Septic Septic 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. 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. 2 The applicant has proposed a well as the source of adequate water for Lot A, Lot B, Lot C and Lot D. 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. RECX17-0072 Page 1 of 6 3. The West Greeley Conservation District has provided information regarding the soils on the site. The applicant shall review the information and use it to positively manage on site soils. 4. Prior to recording the plat: A. The applicants are proposing a shared access for proposed Lot A and Lot D of Recorded Exemption RECX17-0071 and Lots C and D of Recorded Exemption RECX17-0072. The applicant shall submit to the Weld County Department of Planning Services: 1) A recorded copy of a 30 -foot wide joint access and utility easement extending across Lots A and D of RECX17-0071 and Lots C and D of RECX17-0072 from County Road 37 approximately 2,640 feet north of County Road 102, for the benefit of Lots A and D of RECX17-0071 and Lots C and D of RECX17-0072. 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 (concerns) of the Colorado Division of Water Resources, as stated in the referral response dated May 12, 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 -9, as stated in the referral response dated May 8, 2017. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. D. Lot A Lot B and Lot C 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 D shall comply with the one -hundred twenty (120) acre minimum lot size required by Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations should not include future road right -on -way. G. The Recorded Exemption RECX17-0072 plat shall be recorded in conjunction with the RECX17-0071 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. 0455-24-04 RECX17-0072 B. A 30 -foot -wide joint access and utility easement extending across Lots A and D of RECX17- 0071 and Lots C and D of RECX17-0072 from County Road 37 approximately 2,640 feet north of County Road 102, for the benefit of Lots A and D of RECX17-0071 and Lots C and D of RECX17-0072, shall be shown clearly on the plat. The joint easement shall be dedicated on both plats 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 RECX17-0072 Page 2 of 6 C. A 30 -foot -wide joint access and utility easement extending across Lot A and Lot D from County Road 102, for the benefit of Lot A and Lot D, shall be shown clearly on the plat. 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. D. A 30 -foot -wide joint access and utility easement extending across Lot B and Lot D from County Road 102, for the benefit of Lot B and Lot D, shall be shown clearly on the plat. 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. E. All approved accesses shall be clearly shown on the plat and labeled with the approved access permit number (AP17-00271). The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. F. County Road 37 is a gravel road and is designated on the Weld County Road Classification Plan as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall verify and delineate on the plat the 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. G. County Road 102 is a gravel road and is designated on the Weld County Road Classification Plan as a local road, which requires 60 feet of right-of-way at full buildout, The applicant shall verify and delineate on the plat the 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. H. 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. 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. RECX17-0072 Page 3 of 6 3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with Section 24-8-20.C.3 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, Lot B, Lot C and Lot D has an adequate water supply of sufficient quality, quantity and dependability. 7) Potential purchasers should be aware that Lot A, Lot B and Lot C 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. 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) ouiiuuiy uutaitleu pliui to the uulistruuiiuli ui ally uuiiuiily. ouiidiilys 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. 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 RECX17-0072 Page 4 of 6 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 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. RECX17-0072 Page 5 of 6 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 FIPS 0501 (US Feet).... etc.). This digital file may be sent to maos(citco.weld.co.us. 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: - Date: June 7, 2017 der Re ick, Harmer RECX17-0072 Page 6 of 6 Hello