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Home My WebLink About20232388.tiffRESOLUTION RE: APPROVE PARTIAL VACATION, VAC23-0045, OF TWO -LOT RECORDED EXEMPTION, RECX15-0087, FOR REMOVAL OF LOT B - LESLIE GELVIN AND JEANNE GELVIN 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 July 31, 2015, the Department of Planning Services approved Two -Lot Recorded Exemption, RECX15-0087, and WHEREAS, the Board has received a request from the current property owner, Leslie Gelvin and Jeanne Gelvin, 40719 Remington Road, Fort Collins, Colorado 80524-9052, represented by Intermill Land Surveying, Inc., 1301 North Cleveland Avenue, Loveland, Colorado 80537, to vacate Lot B of Recorded Exemption, RECX15-0087, located on the following described real estate, to wit: Lot B of Recorded Exemption, RECX15-0087; being part of the W1/2 W1/2 of Section 3, Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Department of Planning Services staff and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to approve said partial vacation, and makes the following findings: 1. No property will be left without access to a public road right-of-way as a result of the vacation. 2. No property resulting from the vacation will continue to use any access across any other lots within the exemption plat. 3. No easements are being included in this vacation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Leslie Gelvin and Jeanne Gelvin, for Partial Vacation of Two -Lot Recorded Exemption, RECX15-0087, for removal of Lot B, be, and hereby is, approved, subject to the following conditions: 4917146 Pages: 1 of 2 08/24/2023 12:22 PM R Fee;$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO �� .r�� L� 11��'I14�' {�I�NL ��' k 1•NiF�f II III Pt.(TP/MN/fr1N), APPL., APPL . REP. o'6/13 /23 2023-2388 RECX15-0087 PARTIAL VACATION, VAC23-0045, OF TWO -LOT RECORDED EXEMPTION, RECX15-0087, FOR REMOVAL OF LOT B - LESLIE GELVIN AND JEANNE GELVIN PAGE 2 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of August, A.D., 2023. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of August, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: G� 4 ) .1,4);(4, Weld County Clerk to the Board BY: dela M • 1JYA4GT-EK- Deputy Clerk to the Board APP' eVED AS T County Atte ey Date of signature: 4917146 Pages: 2 of 2 08/24/2023 12:22 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County CO Scott K. James P evin D. Ross i Saine 2023-2388 RECX15-0087 DEPARTMENT OF PLANNING SERVICES MEMORANDUM To: Weld County Board of County Commissioners From: Molly Nelson, Planner Subject Partial Vacation of RECX15-0087 Hearing Date: August 14, 2023 Owners: Leslie R. Gelvin and Jeanne Gelvin Representative: Intermill Land Surveying, Inc c/o Lynnie Berglin Legal Description: Lot B of Recorded Exemption RECX15-0087; being a part of the W2 of Section 3, T7N, R67W of the 6th P.M., Weld County, CO Location: North of and adjacent to County Road 84; East of and adjacent to County Road 19 Parcel Number: 0705-03-3-00-032 Total Parcel Size: +/- 102.46 acres Zone District A (Agricultural) Summary: The applicant requests to vacate Lot B, being the largest lot of the two -Lot Recorded Exemption RECX15- 0087, recorded August 26, 2015, reception #4137030. This partial vacation of Lot B of RECX15-0087 would result in an approximately 102 acre unplatted parcel. Lot A, RECX15-0087 is not a part of this action. Vacation Criteria: The Vacation of a Recorded Exemption plat criteria are detailed in Chapter 24, Article XI of the Weld County Code, being the Obsolete Land Divisions Article within the Weld County Subdivision Ordinance. Section 24-11-10. A of the Weld County Code, states in part: "Previously approved Recorded Exemptions and Subdivision Exemptions may be amended, corrected, or vacated." Section 24-11-50 of the Weld County Code, provides specific criteria for the vacation process. The processing of this vacation and memorandum have been prepared in accordance with this Code section. Section 24-11-50. A of the Weld County Code details the items to be submitted by the property owners in order to request a complete or partial vacation of an exemption. The submitted materials were deemed complete and include the vacation request letter and the draft vacation plat map. Section 24-11-50. B of the Weld County Code allows for partial vacations, which may be used to vacate the largest lot within a Recorded Exemption plat, which is greater than thirty-five (35) acres in size, without affecting the remaining lot(s) within the same plat. The submitted vacation request complies with this code section. 2023-2388 Vacation of Lot B of RECX15-00871 Gelvin Page 1 of 2 �tGx(5-DO 7 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 RECX15-00871 Gelvin Page 2 of 2 March 22, 2023 Molly Nelson Planner I Department of Planning Services 1405 N 17th Ave Greeley, CO 80631 Dear Molly, Jeanne and I would like to vacate Lot B of Recorded Exemption RECX15-0087 at 41378 Co Rd 19 also known as Weld County Parcel 070503300032 Account number R893194. We have never done this before so any help you can provide will be greatly appreciated. I have done what I think is appropriate after looking on the website but I'm not certain. Please don't hesitate to tell me what more I need to do. Sincerely, eeanne Gelvin Les Gelvin 970-214-6139 gelvin@frii.com VACATION OF LOT B OF RECORDED EXEMPTION NO. 0705-03-4 RECX15-0087 BOARD OF COUNTY 00 0 NO. � � f I� �e 92 Q �5 O xRRi�gg < �? �vlg m Y Heed N a Z i a � m O U WEU) COUNtt PARCEL I.p. NO.. one Teble 7,4 Vacatetl Parcel Lot B of Recorded Exemption No. 0705-O3-4 RECX15-0087 enaroe oP�6r Rpedwon Np. zoza.... mo eoomacmmvapmmo«wn.eso w,u mpnry L 1319.6, SNYY.T E ww COUNTY ROAD 84 owe ry ure eoeM of Cowny GsmM55i ryg51 bolbLoboeteo. so_ ON. CHAIR. BOAR. OF COUNTY COMMISSIONERS. cm. e.��m�vb� mom uK sou�bas, a�pno,nw a.b sen�o� ao ,po»en�N prom6 oawm- �� ,m »nn NI „.wm2r,...w,„trr zao',H0FSEDMNI„rw.- W,. -„asWw,.p,.n,:Nmn a1al0l llw�o��wniY � n in zmieenw wneoopppkade ela�m�ae o v once am a bweE upon my NOF T l7 uerwwo � rte. y�- _ 5-TtM] arks . um,kuuu O5(E©(•ARD ED EXEMPTOON NC. 07115-6 3.41 RECX154 7 anur»^n Tn ae'(T) �.P L9tA Ctr9'� • -* 888 88.88, ppMnlfM g1'rAwo onv8s.n..rggrnnllrf.V.GpIT..GR q �Yr. w�� r� ^`�� err•.. rt;F:....--trifpf 4. 5 E77-*Milfzt fl 2i W � 4�' G i • 11 r»n NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. Email messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your email correspondence into the case file, please send a copy to egesick@weld.gov. Date: August 14, 2023 Time: 9:00 a.m. Applicant: Leslie Gelvin and Jeanne Gelvin 40719 Remington Road Fort Collins, Colorado 80524-9052 Request: Partial Vacation, VAC23-0045, of Two -Lot Recorded Exemption, RECX15-0087, for Removal of Lot B Legal Description: Lot B of Recorded Exemption, RECX15-0087; being part of the W1/2 W1/2 of Section 3, Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 84; east of and adjacent to County Road 19 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: August 2, 2023 ADJACENT PROPERTY OWNERS FOR PARTIAL VACATION OF RECX15-0087 Owner LIND LARIMER DEVELOPMENT INC C/O KIM DORSEY LESLIE GELVIN AND JEANNE GELVIN LYNNE BERGLIN INTERMILL LAND SURVEYING INC Address 35291 COUNTY ROAD 41 40719 REMINGTON ROAD 1301 NORTH CLEVELAND AVENUE City EATON State Zip CO 80615-8907 FORT COLLINS CO 80524-9052 LOVELAND CO 80537 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, RECX15-0087, in the United States Mail, postage prepaid First Class Mail as listed above. ru N 1 MI O S C] Ll a N 0 N Stre!$ jw ., pr flxHoNo. City, tca ZI Dated the 2nd day of August, 2023. an LOCI» u3) de - Janet M. Warwick Deputy Clerk to the Board U.S. Postal Service"' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com®. Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) ❑ Return Receipt (electronic) O Certified Mail Restricted Delivery Adult Signature Required [I Adult Signature Restricted Delivery $ Postage To I Posts an Fees nigrim � er Dtm: Postmark Here oprnaAi 2,'tci o 44; nn r5tt) d-FUtt,ct 4/ PS Form 3800, April 2015 PSN 7530-02-000-9047 15 � 89D7 Cr r- R D a D D Lan r -R rR a EN- U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION For delivery information, visit our website at www.usps.com`t'. Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery Adult Signature Required $ O Adult Signature Restricted Delivery $ Postage Total Postage and Fees $ ,• Postmark Here it .t Vin 2Qnn[, yin Str�gt�r atrRPrp I- rA 05 ci ttate, IP , Orr PS Form 3800, April 2015 PSN 7530-02-000-9047 ci a szn (n 412 Yti CI 0 T O V E Z cr 4- X m 6 Dsz4qo5z U, a) a ci 2 O 0 See Reverse for Instructions 17) 2 CC E E O O O El? 2? 22E nw r 4c -ti a) cm= C C j a) 0 a) o) ) a) Cc Cc ❑ U) clo CC a) 0 ais a) C w a) CO Q or; ❑ ODD DO a' > TS > O 75— a) o t 'a.. o a)(1) a) N CC a) CC =® 7 > i-• ca O ❑ �-O O 0c C;w U U a) a) ¢1O O O 22 O N M iv a C -O Cti N '_ r� EE CD C C) L a)o C- Uri ■ ■ 2,5 a 0 a (/) 0 0 O 0 cn 2 V r otib d c.) -a ead-tatas, as C(� EMS co D a) O CO N- CO CV CO N`, CD CD CD 0 O a) a) U a) ci 'ct 2 2 O 2. Article Number (Transfer from service label) Er r- 1 U, ICJ a O a U, r9 N C) Cr 0 L cn E 0 PS Form 3811, July 2020 PSN 7530-02-000-9053 own rR U, N U- Ci a Lan a a r•1 0 1m - Certified Mail Fee a' a) TD w_ N ) >(11 El ol R)Q U a. .a a f✓ *06 uj � A N d . m O T 2 C C O O ts- w�� a o a) Uo � � � 2 2 o >+ $ ''' T .E U i .- N > td cLS 4-' o�•� Ca j t a) a) o .c .° a) a. ccirau)v)oc DOD DO 0 0 cots > -o O $ .18 U i _j 'a N 0 — V it r•-• at a) a) 4002 tc ≥ mcc;�CCs tes�� moo E.Q QQQO. C6OO❑❑❑! M C co E O a) a. O U ■ O 2 so so -o E C L 0 Q. ■ 0 crs 0 E a 0 T2 0 F. as C) U) 9- 0 a) 'C 0 -o O Cl) ci ■ g a. 0 a .t.- 2 9- O i O 1/4) -C • k 395 '0 n 0 eel) ‘449 er c,c v.> ansr 0 J Y\ C `.1 CO CO N- O T CD O O) a) is a a) CC sal cr C U, D D O D D r1 a Domestic Return Receipt CD c) 0 0 CD Lr) z a. O N T CO LL a U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com°`. FICIAL 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*'ostage and F �n�errall trr.txtv e Land jA yE1 Sit Postmark Here erg U" u�d Sctv'v O 5053"7 PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions I t - OD iL� SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: �.i rA Lcri merI�-e.0Lfb��ua� C.1a 4a< j me-DOr5 Sn& 3S1'fl C�bu�� UI 64-cr CO S DI 5- WI07 1111111111111111111111111111 I 9590 9402 6749 1074 1328 59 COMPLETE THIS SECTION ON DELIVERY A. Signature X -1/7,1A B. Received by nted Name) ' i V V \ OFsk-IL_' ElAgent ❑ Addressee C. Date of Delivery $10 73 D.'Is delivery address differeofrom item 1? ❑ Yes If YES, enter delivery add ss below: ❑ No 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery , Certified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery 7 Artinln Ni mhnr (Trancfar frnm caniiro laholl El Collect on Delivery Restricted Delivery Mail Mail Restricted Delivery `v V V.I W JO) 7017 1450 0000 9674 5172 PS Form 3811, July 2020 PSN 7530-02-000-9053 ❑ Priority Mail Express® O Registered MaiITM ❑ Registered Mail Restricted Delivery ❑ Signature ConfirmationTM ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/17/2023 10:04:25 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. Day) kActA 1.0; Je._, Signature 7 11/12023 Date Property Owners Within 500 Feet of Parcel # 070503300032 Account Parcel Owner Mailing Address R8943193 070503200031 Lo -I- LIND LARIMER DEVELOPMENT INC C/O KIM DORSEY 35291 COUNTY ROAD 41 EATON, CO 806158907 R7051797 070503300030 STANFORD LAUREN RACHELLE R7051797 070503300030 HORR BLAKE ARTHUR 9379 COUNTY ROAD 84 FORT COLLINS, CO 805249150 R8943194 070503300032 Lb+ GELVIN JEANNE R8943194 070503300032 LD4-a GELVIN LESLIE R 40719 REMINGTON RD FORT COLLINS, CO 805249052 R8955093 070504100022 DORRANCE CASSANDRA L R8955093 070504100022 DORRANCE DANNY M JR 41621 COUNTY ROAD 19 FORT COLLINS, CO 80524 R8967153 070504400037 OZTEK INVESTMENTS LLC PO BOX 698 WINDSOR, CO 805500698 R8967154 070504400038 SEVERANCE TOWN OF PO BOX 339 SEVERANCE, CO 805460339 Parcels: 11 Owner Records: 19 Page 1 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/17/2023 10:04:25 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. Uall lA)anuzrc..k, q I i r1 120 Z 3 Signature Date Property Owners Within 500 Feet of Parcel # 070503300032 Account Parcel Owner Mailing Address R8218198 070509000011 BLEHM LINDA 10010 STATE HIGHWAY 14 AULT, CO 806109720 R8978747 070509100026 MOORE LYNDA JO R8978747 070509100026 MOORE LARRY G 8504 COUNTY ROAD 84 FORT COLLINS, CO 805249148 R1521302 070510200021 BIRGENHEIER LEE R1521302 070510200021 MOLL BRYAN A R1521302 070510200021 BIRGENHEIER RONALD 9344 COUNTY ROAD 84 FORT COLLINS, CO 805249115 R2153403 070510200022 HONN PEGGY L R2153403 070510200022 HONN THOMAS E 40525 COUNTY ROAD 21 AULT, CO 806109739 R2153503 070510200023 KING PAUL Parcels: 11 Owner Records: 19 Page 2 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/17/2023 10:04:26 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. JQJttAJaAuOi Lk. '"1 I I '1) 2 o Z3 Signature Date Property Owners Within 500 Feet of Parcel # 070503300032 Account Parcel Owner Mailing Address R2153503 070510200023 KING MICHELLE 9152 COUNTY ROAD 84 FT COLLINS, CO 805249116 Parcels: 11 Owner Records: 19 Page 3 of 4 WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 7/17/2023 10:04:26 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 # 070503300032 Parcels: 11 Owner Records: 19 (Jan LORA/03T cis, rihrdzoi3 Signature Date Page 4 of 4 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. 0705-03-4 RECX15-0087 S 3 T7 R 67 ❑Complete Vacation (must include all lots) ❑Partial Vacation (vacated lots must be over 35 acres each) List of lots to be vacated: Lot Parcel Number B 070503300032 101.70 NONE Acreage Affected Easements PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: Leslie R. Gelvin and Jeanne Gelvin Company: Phone #: 970.214.6139 Email: gelvin@frii.com Street Address: 40719 Remington Road City/State/Zip Code: Fort Collins, CO 80524-9052 APPLICANT/AUTHORIZED AGENT (Authorization form must be included if there is an Authorized Agent.) Name: Lynnie Berglin Company: Intermill Land Surveying, Inc. Phone #: 970.669.0516 Email: lynn@intermill.net Street Address: 1301 North Cleveland Avenue City/State/Zip Code: Loveland, CO 80537 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. Ltdww%e gergl.Let 2023.06.26 Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date Lynnie Berglin Print: Owner or Authorized Agent Print: Owner or Authorized Agent I, (We), Leslie R. Gelvin and Jeanne Gelvin {Owner — please print) DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1402 NORTH 17T4 AVENUE PO BOX 758 GREELEY, CO 80632 AUTHORIZATION FORM Lynnie Berglin / Intermit' Land Surveying, Inc give permission to (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: Parcel No. 070503300032 Legal Lot B, RECX15-0087 Description: Subdivision Name: of Section 3 , Township 7 N, Range 67 W Property Owners Information: Address: 40719 Remington Road - Fort Collins, CO 80524-9052 Lot Block Phone: 970.214.6139 E-mail: gelvin@frii.com Authorized Agent/Applicant Contact Information: 1301 North Cleveland Avenue - Loveland, CO 80537 Address: Phone: 970.669.0516 E -Mail: lynn@intermill.net Correspondence to be sent to: Owner la Authorized Agent/Applicant iaby: 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. Date /Z "Z3 Owner Signature Owner Signature Subscribed and sworn to before me this 1 p day of rw My commission expires lip J "'' i .(-S BENJAMIN WASHA Notary Public State of Colorado Notary ID N 20164033041 ...My Commission Expires 12-03-2024 Date 7 - / 2' z 7 4140387 09/09/2015 08:56 AM Total Pages: 2 Rec Fee: $16.00 Doc Fee: $30.00 Carly Koppes - Clerk and Recorder, Weld County, CO Doc Fee: $30.00 WARRANTY DEED This Deed, made August 28, 2015 Between Lind Larimer Development, Inc, a Colorado Corporation of the County Larlmer, State of CO..ORADCAgrtor(s),gnd wile Ivan_ �rldJe�prte Gy Ivitl as Dint Thor whose legal address is County of Larimer, and St of COLORADO, grantee. �J p�¢1 WITNESS, That the grantor, for and in the consideration of the sum of THREE HUNDRED THOUSAND DOLLARS AND NO/100$ ($300,000.00 I 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, their heirs and assigns forever, all the real property together with improvements, If any, situate, lying and being in the County of Larimer, State of COLORADO described as follows: SEE ATTACHED LEGAL DESCRIPTION also known by street and number as TBD County Rd 19 and 84, Fort Collins, CO 80524 TOGETHER with all and singular 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, dale 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 said premises above bargained and described, with the appurtenances, unto the grantee, his 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, se11 and convey the same in manner and form as 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 of nature so ever, except for taxes for the current year, a Ilan but not yet due and payable, and those specific Exceptions described by reference to recorded documents as reflected in the Tide Documents accepted by Buyer in accordance with section 8.1(Title Review) of the contract dated June 8, 2015, between the parties. 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 on the date set forth above. SELLER: Lind Larimer Development, Inc, a Colorado Corporation BY: Carol Und, President STATE OF COLORADO COUNTY OF LARIMER The foregoing instrument was acknowledged, subscribed and sworn to bef• __ _ __ 2015 by Carol Und, President of Lind Larimer Development, Inc, a Colorado Witness my hand and official seal. -Thereat L NaMY t�lhfo Wed Colors. My Corrado. Ex.. Wdcap Notary ' lic crew E My Commissio expires: 4 ESCROW NO. H -T-@ 4140387 09/09/2015 08:56 AM Page 2 of 2 ATTACHED LEGAL DESCRIPTION Lot B of Recorded Exemption No. 0705-03-4 RECX15- 0087, according to the map recorded August 26, 2015 at Reception Number 4137030, being a portion of the West Half of Section 3, Township 7 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. Also Known as: TBD County Rd 19 and 84, Fort Collins, CO 80524 459-xa443354-081-TMY DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW [cnearnal Applicant. Lind Larimer Development Inc. I RECX15-0087 Planner: Ryder Reddick Legal Description: Lot County, A & Lot CO B of RE -4334 being a part of the W2 of Section 3. R67W of the 6th P.M.. Weld T7N, Parcel ID #: 0705-03-2-00-001 & 0705-03-3-00-002 Lot A Size Before: +/- 33.8 acres Lot A Size After: +/- 26.8 acres Lot B Size Before +/- 91.9 acres Lot B Size After: +/- 98.9 acres Water Source: Lot Lot A B Before Before & After: & After: Well Proposed (204702) Well Sewer System: Lot Lot A B Before Before & After: & After: Septic Proposed (SP -9800386) Septic Yes No X Criteria Checklist 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 This application is proposing a well as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. RECX15-0087 Page 1 of 5 3. Prior to recording the plat: A. The applicant shall attempt to address the requirements (concerns) of Poudre Fire Authority, as stated in the referral response dated 6/11/2015. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. B. The applicant shall address the requirements of Weld County School District RE -4 as stated in the referral response dated 6/8/2015. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. C. 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. D. Lot A shall comply with the two and one-half (2 1/2) acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include future road right-of-way. E. Lot 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. 4. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 0705-03-4 RECX15-0087. B. All approved accesses shall be clearly shown on the plat and labeled with the approved access permit number (AP15-00305). The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. C. County Road 19 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 build out. 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. D. County Road 84 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 build out. 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. E. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-50.E of the Weld County Code. F. All recorded easements shall be delineated on the plat by book and page number or reception number. RECX15-0087 Page 2 of 5 5. 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 twenty -five-foot radius of any plugged or abandoned oil and gas well. Any construction within a two -hundred -foot radius of any tank battery or one -hundred -fifty -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) The purpose of this amendment is to adjust the boundaries between Lots A and B of RE -4334 now known as Lots A and B of RECX15-0087. 4) Lot A is not eligible for a future land exemption in accordance with Section 24-8- 20.C.1 of the Weld County Code. 5) 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. 6) 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. 7) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot B has an adequate water supply of sufficient quality, quantity and dependability. 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 there after. 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) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 11) The historical flow patterns and runoff amounts will be maintained on the site. RECX15-0087 Page 3 of 5 12) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29- 1-20 and Section 29-3-20.6.13 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) Potential Purchasers are hereby notified that USR-607 for an Animal Research Facility is located 0.25 miles west of the intersection of County Roads 84 and 21. Off -site impacts that may be encountered include noise from trucks, tractors and equipment; dust from animal pens and odors from animal confinement, silage, and manure. 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 mile$ 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 RECX15-0087 Page 4 of 5 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. 6. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The applicant shall submit one (1) electronic copy or one (1) paper copy 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. 7. 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. 8. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsAco.weld.co.us. 9. 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: 1l�_c (Ryder Reddic , Planner I RECX15-0087 Page 5 of 5 Date: 7/31/2015 Hello