HomeMy WebLinkAbout20230249.tiffRESOLUTION
RE: APPROVE VACATION OF LOT B OF RECORDED EXEMPTION, RE -85 - HWY52
CR23, LLC, C/O MICHAEL DENTE
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, by Resolution #730761, dated October 17, 1973, the Board approved
Two -Lot Recorded Exemption, RE -85, creating parcels of 70.85 acres and 5.00 acres in size,
more or less, and
WHEREAS, said property is located in part of the N1/2 SE1/4 of Section 2, Township 1
North, Range 67 West of the 6th P.M., Weld County, Colorado, being more particularly described
as Lots A and B of Recorded Exemption, RE -85, and
WHEREAS, by Order for Clerk of Court to Transfer Title Pursuant to C.R.C.P. 70, dated
July 18, 2000, which was recorded July 19, 2000, at Reception #2781522 in the records of the
Weld County Clerk and Recorder, title was transferred to Bonnie Arnold, which effectively vacated
Lot A from Recorded Exemption, RE -85, and
WHEREAS, the Board has received a request from HWY52 CR23, LLC, do
Michael Dente, 5402 County Road 23, Fort Lupton, Colorado 80621, to vacate Lot B of said
Recorded Exemption, RE -85, which was recorded October 19, 1973, at Reception #1623319 in
the records of the Weld County Clerk and Recorder, and
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 vacation of Lot B, and
WHEREAS, any persons owning dedicated and recorded easements and rights -of -way
crossing the parcel to be vacated, if any, may continue such use after formal vacation by Weld
County.
4880120 Pages: 1 of 2
02/03/2023 11:10 AM R Fee:$0.00
$0.00 G C ; Q� (Tp/MN/DR APPL.
Carly Koppes, Clerk and Recorder', Wald County CO .2././13
IIIII IM�.�Q.4R�1� INI I�+�'�4 �i AI l4PLIOCi� lk iI II
2023-0249
RE -85
VACATE LOT B OF RE -85 - HWY52 CR23, LLC, C/O MICHAEL DENTE
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Lot B of Recorded Exemption, RE -85, be, and hereby is, vacated.
BE IT FURTHER RESOLVED by the Board that any persons owning dedicated and
recorded easements and rights -of -way crossing the parcel to be vacated, if any, shall not be
affected by this vacation authorized herein, unless reflected differently on the recorded vacation
plat.
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby
is, directed to record this Resolution in the records of 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 25th day of January, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddthoti je:4O;
Weld County Clerk to the Board
BY.
AP
Deputy Clerk to the Board
County A orney
Date of signature: 01 /31 /2
4880120 Pages: 2 of 2
02/03/2023 11:10 AM R Fee:$0.00
11111
Mikq an, Chair
Pro-Tem
Scott K. Ja
evin D. Ross
257L4,,A..
Lori Saine
2023-0249
RE -85
TO:
FRAM:
SUBJECT:
HEARING DATE:
APPLICANT/OWNER:
DEPARTMENT OF PLANNING SERVICES
MEMORANDUM
Weld County Board of County Commissioners
Diana Aungst, Planner II
Vacation of Lot B of Recorded Exemption 1469-2-4 RE -85
January 18, 2023
HVVY52 CR23 LLC c/o Michael Dente
LEGAL Lot B of Recorded Exemption RE -85, being a part of the N2SE4 of Section 2,
DESCRIPTION: Ti N, R67W of the 6th P.M., Weld County, Colorado
LOCATION: South of and adjacent to HWY 52 and west of and adjacent to CR 23
PARCEL SIZE: +/- 53.48 acres PARCEL #: 1469-02-0-00-002
ZONE DISTRICT: A (Agricultural)
NARRATIVE:
On December 13, 2022, the Department of Planning Services received the attached vacation request letter
signed by Mr. Michael Dente requesting a partial vacation of the plat of Recorded Exemption RE -85,
recorded October 19, 1973, under reception #1623319 to vacate Lot B.
The Lot A of RE -85 was split via RE -2747 which was recorded on September 27, 2000, under reception
#2796290. The two new Lots of RE -2747 are owned by Thomas and Connie Johnson. These lots are not
a part of this request. Lots A and B of RE -2747 were created from Lot A of RE -85 and therefore the current
owners are being notified of this Partial Vacation. Notice to these two property owners was sent at least ten
(10) days prior to the hearing by the Clerk to the Board.
Lots A and B of RE -4691 are adjacent to HWY 52 right-of-way and Lot B, the subject property, is adjacent
to HWY 52 and CR 23 rights -of -way. HWY 52 is under the jurisdiction of the Colorado Department of
Transportation.
The resulting parcel will be larger than thirty-five (35) acres.
A draft vacation plat is also attached and requires minor revisions prior to recording. A metes and bounds
description for the lot to be vacated has been included on the draft vacation plat.
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. 2023-0249
11(4O,
Page 1 of 2
E g5
Section 24-11-50.B of the Weld County Code, states, in part, "Partial vacations may be used to vacate the
largest lot within a Recorded Exemption plat, which is greater than thirty-five (35) acres in size, without
affecting the remaining lots withing the same plat."
The Department of Planning Services staff has reviewed this request and recommends that this request be
approved for the following reasons:
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 existing easements are affected by this vacation of Lot B of RE -85.
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.
Page 2 of 2
DocuSign Envelope ID: 46F89195-D25D-4F9E-ABA1-23964805ABA8
To: Weld County Department of Planning Services
From: HWY52 CR23 LLC
Date: 12/13/2022
Subject: Partial Plat Vacation Request Letter
As the new owners of parcel number 146902000002 and in response to the conditions set forth in the
COZ22-0009 resolution, we are requesting a partial vacation of the Recorded Exemption of RE -85. The
purpose of this partial plat vacation is to resolve an illegal land split due to a weld county court ruling on
ownership of the New Brantner Ditch. Although ruled through the court, this is considered an illegal land
split with the weld county department of planning services so we need to vacate the Recorded
Exemption to resolve this. To our knowledge the are no existing improvements, easements, or right-of-
way that may be affected unless indicated as "vacated by this plat" on the partial plat vacation map.
Sincerely,
Doo�s�9oee ny:
Vim.
C9628EAF9D2C41 E...
Michael Dente
Managing Member
HWY52 CR23 LLC
12/13/2022 I 5:17 PM EST
PARTIAL VACATION OF
LOT B, RECORDED EXEMPTION N0. 1469-2-4-RE85
ACCORDING TO THE MAP OR PLAT THEREOF FILED FOR RECORD IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO. 1623319
BEING PART OF THE NORTH ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF SECTION 2, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF WELD, STATE OF COLORADO
LEGEND
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PARTIAL VACATION OF
LOT B, RECORDED EXEMPTION NO. 1469-2.4-RE85
ACCORDING TO THE MAP OR PLAT THEREOF FILED FOR RECORD IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO. 1623319
BEING PART OF THE NORTH ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF SECTION 2, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF WELD, STATE OF COLORADO
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TMNJ: (PROPERTY SEIKO ONDED, CORRECTED COURT ORDER PARCEL,
11532 AND GEED RECEPTDN N0. 2781533, JMr 1S 3000)
ND LOCATED M THE BTATE OF COLORA00. COUNTY Oi WELD. BFNC
Y DESCRBfO AS FOLLOWS:
! OF TXE NORTHWEST i/4 Oi TIE SWTNEAST I/A 7C,
F STDN 2.
FO DANCE ET WEST OP TXE BTN P.M.. LTINO WEST OF THE ECWEST OE OF
i ORCN,
!EPROM. THAT PORTId! CONVEYED TO TIE STATE DEPARTNENT OF HONWAYS
00 BY DEED RECORDED SEPTEMBER 2A, fB]B N BOON t]1J AT PAGE A90.
5 -OF -WAY Pi RECORD.
STATUTE OF LMTATId15:
NOTICE: AttOROED TO COLORADO LAW rOU MST COMMENCE ANr LEGAL ACTDN BASED UPON
ANY DEFECT N THIS SURVEY WITHM THREE YEARS AFTER TW FIRST g5COVER SUCX DEFECT.
N NO EVENT, MAY ANY ACTDN BASED UPON ANY DEFECT IN TH8 SUNEY BE COMAFNCED MORE
THAN TEN YEARS IRON THE DATE OF 1HE CERTEICATION 91DWN HEREIX,.
SdFVEYORB CE
I. JOEL B. CRON
DO HEREBY CEF
OF A FIELD S11F
SURVEY AND MS PLAT COMPLIES WITX All
THE BTATE OP COLORADO, STATE 9OARo
PPO7f99DNAL LANG SURVEYORS AID WELD
WNER5 ANp EASEMENT APPROVAL:
TIE WDER510NED. BEMD THE SOLE OWNER M FEE OF THE ABOVE OE9CRNED PROPERTY 00
HEREBY DIVIDE THE SAYE A9 SHOWN ON TXE ATTACHED MAP. I UIDERSTANO THIS PROPERTY IB
LOGTED IN THE •A' (AFMDULTUAL) ZONE d5iNCT AND IB AL50 INTENDED TO PROVDE AREAS
FOR 1XE CONJIFCT OF OIXER USES BY MOHi. ACCESSORY USES ACCESBORT USES. AW 15E5 BY
9PECML REVEW,
AND
I DD HEREBY DEDICATE. FOR THE BENEFIT Di 111E PPOPERTY(IES) SHOWN OR DESCRIBED XEREON,
EASEYENTB FOR TIE PMP04E8 BNOWN OR OESCNBED HEREON.
Bd1NIE J. A
TIE FOREOONO CEEO...ATTEE WWASSAACCP.WWLEDDED BEFORE LE TH8
OF SE• . Se^'//!jj•�.S'S_ A.D.. 2000. BT
AIY COMMSSION EI0O9ES:�/��`B
NOTARY PUBLIC,
D AID SEAL.
WELD COUNTY APPROVAL:
iNE ACCOMPANTMO PLAT 18 ACCEPTED AND APPR�O/V�ED FOP FAMC.
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DEPAR MENT OP PLAMVNO SER 5 DIRECTOR NM�^
TIIf FORECOIXO CERTIFICATE WAS ACKNOWLEOOFD BEFORE ME TXIS _�V�___ DAY
OF _,42LClLLLS41 . A.D., 3000. BY THE ABOVEoT SIGNED.
MA5810N1 EERV1/n^R!,/n^REn^5: -TT-
NOTARY.th OUBLIC. MTNE9S MY NAXD AND SEAL.
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ALPHA ENGINEERING CO.
9pX5TH BTREET PO. BO% 392. FORT LIPTON. COLORA00 90921
ONE: 303-95]3309 Rr 30)-9]]-2010, PAN: )03-957-0707
EMAL: ALPXASURVEYINOroAOL.COM
PAIN: d 9199\ MNMCTFCAM.VCD COMACT: MARCY, JA9W OLEM (REZ71T)
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Ka he.'---------1.�22331J------.. Ann Sc:,m,
RECORDED EXEMPTION No. 1469-2-4—RE85
52
September 20, .1973
OWNER: Alen H. and Nina A. Miller
LEGAL DESCRIPTION
VICINITY MAP
SCALE I 2000'
That
portion of the North Hn:! f of t -he Socrl'heast- Quarter of SecC.ion 2, 'I'ownahLp i_ Norl-I;. Itanh
67 West of the 666 Principal Meridian, County of Weld St, of Colorado, more 7elir.olarl
described as follow,.
Beginning at the Northeast Corner of said Southeast Quarter; thence along the Bast -West
Centerline o!: said Section North 89°52'37" West 2,617.98 feet to the center of said Section;
thence along the North -South Centerline of: said Section South 0°04'32" East 60.00 feet more
or less to the TRUE POINTS OR BEGINNING. Thence continuing South 0°04'32" East 1,262.96 feet
to the Southwest Corner of said North Half; thence along the South line of said North Half
South 89°56'19" East 2,623.38 feet to the East Line of said Southeast Quarter; thence along
said East Line North 0°18'36" West 1,210.16 feet to the Southeast Corner of that certain Parcel
recorded in Book .1.513, Page 480, records of said (,,unty; thence along the Southerly line of
said Parcel. North 89°52'37" West 23.90 feet; thence North 44°51'37" West 70.70 feet; thence
,orth 89°52'37" West 2,544.73 feet more or .less to the TRUE POINT OF BEGINNING.
The above uescribed Parcel is subject to that certain 15.00 foot easement recorded in Book 1S
Page 48'2, records of said County.
'fhe above. described Parcel contains a gross acreage of 75.85 Acres more or less.
468.72'
67
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.September 20, 1973
OWNERS: Alex H. and Nina A. Miller
1623319
:L
I469-2-4-RE85
We, Alex H. and Nina A. Miller., being, the sole
owners in fee of the above described property,
do hereby subdivide the_ same as shown on the
attached map.
eaY H.:Miller
A. Miller
The foregoing certification was acknowledged
before me this 26th day of September
1973, A.D.
My commission expires 10/12/36
Witness my hand and seal. ;ZA''
I HEREBY CER`'IFY THAT THIS PLAT WAS PREPARED
UNDER MY SUPERVISION AND THAT THE SAME IS
CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
Edward
2,2
Ed
L.S. 10855
THE ACCOMPANYING PLAT IS ACCEPTED AND APPROVED
FOR FILING.
EIATE OF COLORADO
COUNTY OF WELD
I HEREBY CERTIFY THAT THIS MIS RUMGENM
WAS FILED FOR RECORD IN MY OFFICE AM
/ 6 _/ CLOCW._/IA. 0CT 13 1973
Amp Is DULY RECORDED IN 6006
PAGE q:? P1 A fc/$07
RECORDER
4A-4 ..:, 'r, . t /J mod-*-w'
DEDGT3
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: January 18, 2023
Time: 9:00 a.m.
Applicant:
HWY52 CR23, LLC
c/o Michael Dente
5402 County Road 23
Fort Lupton, Colorado 80621
Request: Vacate Lot B of Recorded Exemption, RE -85
Legal Description: Lot B of Recorded Exemption, RE -85; being part of the N1/2 SE1/4 of
Section 2, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado,
Location: South of and adjacent to State Highway 52; west of and adjacent to County Road 23
(see Legal Description for precise location)
Board of County Commissioners
Weld County, Colorado
Dated: January 6, 2023
ADJACENT PROPERTY OWNERS
FOR VACATION OF
LOT B OF RE -85
Owner Address
HWY52 CR23, LLC 5402 COUNTY ROAD 23
THOMAS AND CONNIE JOHNSON 10502 U.S. HIGHWAY 52
City State Zip
FORT LUPTON CO 80621-8414
FORT LUPTON CO 80621-8428
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 Vacation of Lot B of Recorded Exemption, RE -85, in the United States Mail,
postage prepaid First Class Mail as listed above.
Dated the 6th day of January, 2023.
rx .1,0am.0itAL
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
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❑ Return Receipt (hardcopy) $
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PS Form 3800, April 2015 PSN 7530-02-000-9047
t
14 A
DLo2I - sitsszeZ
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.
Article Addressed to:
•
COMPLETE THIS SECTION ON DELIVERY
A. Signature
X
B. Received by (Printed Name)
❑ Agent
❑ Addressee
C. Date of Delivery
D. Is delivery address different from item 1? O Yes
If YES, enter delivery address below: ❑ No
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IIIINIII�IIIIIIII IIIIIIIIIIIIIIII 1111111 I
9590 9402. 7331 2028 8564 34
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3. Service Type
❑ Adult Signature
❑ adult Signature Restricted Delivery
Certified Mail®
❑ Certified Mail Restricted Delivery
❑ Collect on Delivery
2. Article Number (Transfer from service label) O Collect on Delivery Restricted Delivery
vlail
7017 1450 0000 9674 6506 vlail RestrictedDelivery
I
❑ Priority Mail Express®
❑ Registered Mail"'
❑ Registered Mail Restricted
Delivery
❑ Signature Confirmation"'
❑ Signature Confirmation
Restricted Delivery
PS Form 3811, July 2020 PSN 7530-02-000-9053
Domestic Return Receipt
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
12/16/2022
4:43:41 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Oari cork
Signature
Date
Property Owners Within 500 Feet of Parcel # 146902000002
Account
Parcel
Owner
Mailing Address
R5850386
146901000015
EE COLORADO LLC
5402 COUNTY ROAD 23
FORT LUPTON, CO 806218414
R5852586
146901000032
HEIN RICHARD
5290 E YALE CIR STE 103
DENVER, CO 802226927
M0131389
146901000085
WIELAND J FRANCES
R0126789
146901000085
ODELL DAN
PO BOX 206
FORT LUPTON, CO 806210206
M0131389
146901000085
WIELAND R T
5406 COUNTY ROAD 23
FORT LUPTON, CO 806218414
R4693007
146901300001
WELD COUNTY
1150 O ST
GREELEY, CO 806319596
R4717407
146901300004
PEHR SHERYL L
R4717407
146901300004
PEHR DAVID WILLIAM
5238 COUNTY ROAD 23
FORT LUPTON, CO 806218414
R4717507
146901300005
PEHR LAND TRUST
5238 COUNTY ROAD 23
FORT LUPTON, CO 806218414
Parcels: 23
Owner Records: 32
Page 1 of 5
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
12/16/2022
4:43:41 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
decccia.kittuard,
Signature
1ZI11117Z
Date
Property Owners Within 500 Feet of Parcel # 146902000002
Account
Parcel
Owner
Mailing Address
R6780592
146901300006
PEHR LAND TRUST
5238 COUNTY ROAD 23
FORT LUPTON, CO 806218414
R5853686
146902000002
1,0413
HWY52 CR23 LLC
5402 COUNTY ROAD 23
FORT LUPTON, CO 806218414
R0168801
146902000037
JOHNSON CONNIE J
R0168801
146902000037
'Re -2141
JOHNSON THOMAS A
10502 HIGHWAY 52
FORT LUPTON, CO 806218428
R0168901
146902000038
JOHNSON CONNIE J
R0168901
146902000038
I.44-0
-gf - r10
JOHNSON THOMAS A
10502 HIGHWAY 52
FT LUPTON, CO 806218428
R0027593
146902000076
DAWSON ANGELA MARIE
R0027593
146902000076
DAWSON DARREL LEE
10701 HIGHWAY 52
FORT LUPTON, CO 806218427
R0579601
146902000078
TERRY JAMES GRANT LIVING TRUST
10711 HIGHWAY 52
FORT LUPTON, CO 806218427
Parcels: 23
Owner Records: 32
Page 2 of 5
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
12/16/2022
4:43:41 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
OMECEIV .Ui&a.)7a
11 Signature
2 l 1(.t ! ZZ
Date
Property Owners Within 500 Feet of Parcel # 146902000002
Account
Parcel
Owner
Mailing Address
R8952455
146902101001
HAMPTON YARD 6 LLC
201 FILLMORE ST UNIT 201
DENVER, CO 802065015
R8975623
146902102001
TOEWS SHERRI
R8975623
146902102001
TOEWS LEONARD
5535 COUNTY ROAD 23
FORT LUPTON, CO 806218413
R8975624
146902102002
TOEWS SHERRI
R8975624
146902102002
TOEWS LEONARD
5535 COUNTY ROAD 23
FORT LUPTON, CO 806218413
R8975625
146902102003
TOEWS SHERRI
R8975625
146902102003
TOEWS LEONARD
5535 COUNTY ROAD 23
FORT LUPTON, CO 806218413
R5310608
146902200082
HEIN RICHARD L
5290 E YALE CIR STE 103
DENVER, CO 802226927
R5310708
146902200083
HEIN RICHARD L
5290 E YALE CIR STE 103
DENVER, CO 802226927
Parcels: 23
Owner Records: 32
Page 3 of 5
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
12/16/2022
4:43:41 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Gard-nt . tidu wrt1
Signature
ILIlZZ
Date
Property Owners Within 500 Feet of Parcel # 146902000002
Account
Parcel
Owner
Mailing Address
R8944941
146902300013
COLORADO DEPT OF TRANSPORTATION
4201 E ARKANSAS AVE
DENVER, CO 802223406
M5854486
146902300017
BURGE PHYLLIS
10292 HIGHWAY 52
FORT LUPTON, CO 806218428
R8945131
146902300017
BURGE PHYLLIS F REVOCABLE TRUST
10292 HIGHWAY 52
FORT LUPTON, CO 806218428
R8949310
146902400010
HULBERT JANICE J GST TRUST
R8949310
146902400010
BURGE ROBERT G FAMILY TRUST
C/O JOHN ROBERT BURGE
13770 ANTONIO DR
HELOTES, TX 780233912
Parcels: 23
Owner Records: 32 Page 4 of 5
WELD COUNTY COLORADO LAND RECORDS
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
12/16/2022
4:43:41 PM
THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not
been modified from the original. The list compiled for the records of the Weld County Assessor was
assembled within thirty days of the applications submission date.
Property Owners Within 500 Feet of Parcel # 146902000002
Parcels: 23
Owner Records: 32
CATLEfro . Ottti,01 r�lc
17IL�Zrat
Signature
Date
Page 5 of 5
DocuSign Envelope ID: 7EE0ED5D-92CE-4857-A3A3-775C9772A7BB
PLAT VACATION APPLICATION
RECORDED EXEMPTIONS & SUBDIVISION EXEMPTIONS
FOR PLANNING DEPARTMENT USE: DATE RECEIVED:
PLANNER ASSIGNED:
PLAT INFORMATION
Title of plat to be vacated: PARTIAL VACATION OF LOT B, RE NO. 1469-2-4-RE85 S 2 T 1 R67
Complete Vacation (must include all lots) Q Partial Vacation of the largest lot (must be over 35 acres)
List of lots to be vacated:
Lot Parcel Number Acreage Affected Easements
146902000002
53.479
BK. 1513, PG. 482 / 4359454 / 4373623 / 4406295
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name: Michael Dente
Company: HWY 52 CR 23 LLC
Phone #: (720) 841-7275
Email: michael.dente@kw.com
Street Address: 5402 cr 23
City/State/Zip Code: Fort Lupton/CO/80621
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.
e.--DocuSigned by:
itti , 12/13/2022 I 4:09 PM EST
Signature: caner or Authorized Agent Date Signature: Owner or Authorized Agent Date
Michael Dente
Print: Owner or Authorized Agent Print: Owner or Authorized Agent
7/20/2021
4868924 11/28/2022 08:51 AM
Total Pages: 2 Rec Fee: $18.00
Carly Koppes Clerk and Recorder, Weld County , CO
WHEN RECORDED
RETURN TO:
STATEMENT OF AUTHORITY
(§38-30-172, C.R.S.)
1. This Statement of Authority relates to an entityl named
HWY52 CR23 LLC, A COLORADO LIMITED LIABILITY COMPANY
2. The type of entity is a:
❑ Corporation ❑ Registered Limited Liability Partnership
❑ Nonprofit Corporation ❑ Registered Limited Liability Limited Partnership
0 Limited Liability Company ❑ Limited Partnership Association
❑ General Partnership ❑ Government or Governmental Subdivision or Agency
❑ Limited Partnership ❑ Trust
3. The entity is formed under the laws of Colorado
4. The mailing address for the entity is 5402 CO RD 23, Fort Lupton, CO 80621
5. The 0 name ❑ position of each person authorized to execute instruments conveying, encumbering or otherwise affecting title to
real property on behalf of the entity is MICHAEL ALAN DENTE AS MANAGING MEMBER, ROBERT ROSS DEMAREE, ZANE
BARLOW AND TRAVIS STEED AS MEMBERS
6. The authority of the foregoing person(s) to bind the entity: ❑ is. not limited 0 is limited as follows: BY THE TERMS OF THE
OPERATING AGREEMENT
7. Other matters concerning the manner in which the entity deals with interests in real property:
8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of §38-30-172, C.R.S. 3
9. This Statement of Authority amends and supersedes in all respects any and all prior dated Statements of Authority executed on
behalf of the entity. Executed this day of 11 // 72-' 72
HWY52 CR23 LLC, A COLORADO LIMITED LIABILITY
COMPANY
By:
AEL ALAN DENTE, MANAGING MEMBER
By:
ROBERT ROSS DEMAREE, MEMBER
BY: Z441e,
ZANE BARLOW, MEMBER
By:
TRAVIS STEED, MEMBER
Form 884 closing/recordings/soa.html
25197238.1
(42721264)
III11111111111111111111111II
State of Cp\,16 �� )
)ss.
County of S )
The foregoing instrument was acknowledged before me on thl ay of N 3vQ4bO,9e."--f v"21 by MICHAEL ALAN DENTE AS
MANAGING MEMBER, ROBERT ROSS DEMAREE AS MEMBER, ZANE BARLOW AS MEMBER AND TRAVIS STEED AS MEMBER OF
HWY52 CR23 LLC, A COLORADO LIMITED LIABILITY COMPANY
4868924 11/28/2022 08:51 AM
Page 2 of 2
Witness my hand and official seal
1 �1
My Commission expires: O•611;1 1 LP1�J
NotY4Alic
'This form should not be used unless the entity is capable of holding title to real property.
.the absence of any limitation shall be prima facie evidence that no such limitation exists.
3The statement of authority must be recorded to obtain the benefits of the statute.
SAMARA OLSON
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20124056833
MY COMIAISSION EXPIRES 0813112024
Form 884 closing/recordings/soa.html 25197238.1 (42721264)
Diana Aungst
From: Melissa King
Sent: Thursday, December 15, 2022 9:37 AM
To: Diana Aungst
Subject: Partial Vacation of RE -85 Dev Review Comments
Diana
Development Review has no concerns with regard to a partial vacation of RE -85 Lot B.
Thanks
Melissa
Melissa J King, PE
Development Review Engineer
Department of Planning Services
Weld County
1555 North 17th Avenue
Greeley, CO 80631
(970) 400-3762
LEADING WITH RESPONSIVE, INNOVATIVE AND COST EFFECTIVE SERVICES
From: Diana Aungst <daungst@weldgov.com>
Sent: Wednesday, December 14, 2022 3:08 PM
To: Melissa King <mking@weldgov.com>
Subject: Partial Vacation of RE -85
Hi Melissa:
Please review this partial vacation for RE -85 and let me know any comments. This vacation is a Condition of
Approval for COZ22-0009 — the one off of HWY 52.
Thanks,
Diana Aungst
Planner
Weld County Department of Planning Services
1555 N. 17th Avenue - Greeley, Colorado 80631
D: 970-400-3524
0: 970-400-6100
Fax:970-304-6498
daungst@weldpov. cow
www.welddov.com
4868925 11/28/2022 08:51 AM
Total Pages: 2 Rec Fee: $18.00
Carly Koppes - Clerk and Recorder, Weld County , CO
Land Title
Special Warranty Deed
(Pursuant to C.R.S. 38-30-113(1)(b))
Date: November 23, 2022
Convenience Deed
Grantor(s), ELEVATED EXCAVATING INC., A COLORADO CORPORATION, whose street address is 9595 BRIGHTON
RD, Henderson, CO 80640, City or Town of Henderson, County of Adams and State of Colorado , for the consideration of ($10.00)
Ten and 00/100"' dollars, or other Good and Valuable Consideration in hand paid, hereby sell(s) and convey(s) to HWY52
CR23 LLC, A COLORADO LIMITED LIABILITY COMPANY , whose street address is 5402 CO RD 23, Fort Lupton, CO 80621,
City or Town of Fort Lupton, County of Weld and State of Colorado, the following real property in the County of Weld and State of
Colorado, to wit:
A PORTION OF LOT B, RECORDED EXEMPTION NO. 1469 -2 -4 -RE -85, RECORDED OCTOBER 19, 1973 IN BOOK 701 AT
RECEPTION NO. 1623319 DESCRIBED AS FOLLOWS:
ALL THAT PART OF THE N 1/2 OF THE SE 1/4 OF SECTION 2, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M.,
COUNTY OF WELD, STATE OF COLORADO, LYING EAST OF THE EAST EDGE OF THE NEW BRANTNER DITCH,
EXCEPTING THEREFROM, THAT PORTION CONVEYED TO THE STATE DEPARTMENT OF HIGHWAYS, STATE OF
COLORADO BY DEED RECORDED SEPTEMBER 24,1958 IN BOOK 1513 AT PAGE 480.
also known by street and number as. NEW BRANTER DITCH, N/A, CO
with all its appurtenances and warrant(s) the title to the same against all persons claiming under me(us), subject to those matters set
out in the Exhibit A, attached hereto.
Signed this day of /1" a2- -,a,.). •
ELEVATED EXCAVATING INC., A COLORADO
CORPORATION /�
By: ei
Print Name: ZANE BARLOW
Title: VICE PRESIDENT
State of L.,O1°
County of tOS
The foregoing instrument was acknowledged before me on this`Riay of NPv 09 f '1,51,2by ZANE BARLOW AS
VICE PRESIDENT OF ELEVATED EXCAVATING INC., A COLORADO CORPORATION
Witness my hand and official seal
SAMARA•
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20124056833
MY COMMISSION EXPIRES 0813112024
)ss.
11,1 -
Mai -Public
When recorded return to: HWY52 CR23 LLC, A COLORADO LIMITED LIABILITY COMPANY
5402 CO RD 23, Fort Lupton, CO 80621
Form 1094 closing/deeds/statutory/swd_no_statutory.html
25197238.1
(6431388)
III 11111111 III 11111 IIIII I III
4868925 11/28/2022 08:51 AM
Page 2 of 2
Exhibit A
1. RIGHT OF WAY FOR COUNTY ROADS 30 FEET ON EITHER SIDE OF SECTION AND TOWNSHIP LINES, AS
ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY, RECORDED OCTOBER 14. 1889
IN BOOK 86 AT PAGE 273.
2. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE
SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR
DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES. AS RESERVED IN UNITED
STATES PATENT RECORDED OCTOBER 23, 1890 IN BOOK 57 AT PAGE 119.
3. RIGHT OF WAY EASEMENT AS GRANTED IN INSTRUMENT RECORDED SEPTEMBER 24, 1958, IN BOOK 1513 AT
PAGE 482.
4. OIL AND GAS LEASE RECORDED MAY 15, 1970 UNDER RECEPTION NO. 1547396 AND ANY AND ALL ASSIGNMENTS
THEREOF, OR INTEREST THEREIN.
• 5. AFFIDAVIT OF LEASE EXTENSION OR PRODUCTION RECORDED MAY 2, 1975 AT RECEPTION NO. 1659502.
6. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF
RECORDED EXEMPTION NO. 1469 -2 -4 -RE -85 RECORDED OCTOBER 19, 1973 UNDER RECEPTION NO. 1623319.
7. RIGHT OF WAY EASEMENT AS GRANTED TO CONTINENTAL PIPE LINE COMPANY IN INSTRUMENT RECORDED MAY
16, 1977, UNDER RECEPTION NO. 1719219.
8. TERMS, CONDITIONS AND PROVISIONS OF DISCLAIMER AND RENUNIATION RECORDED MARCH 08, 1979 UNDER
RECEPTION NO. 1783838.
9. REQUEST FOR NOTIFICATION OF SURFACE DEVELOPMENT AS EVIDENCED BY INSTRUMENT RECORDED
OCTOBER 30, 2000 UNDER RECEPTION NO. 2803270.
10. REQUEST FOR NOTIFICATION OF SURFACE DEVELOPMENT AS EVIDENCED BY INSTRUMENT RECORDED AUGUST
56, 2007 UNDER RECEPTION NO. 3495293.
11. REQUEST FOR NOTIFICATION OF SURFACE DEVELOPMENT AS EVIDENCED BY INSTRUMENT RECORDED
DECEMBER 21, 2007 UNDER RECEPTION NO. 3525268.
12. TERMS, CONDITIONS AND PROVISIONS OF DRY -UP COVENANT AND NON-EXCLUSIVE EASEMENT IN GROSS
RECORDED MAY 07, 2010 UNDER RECEPTION NO. 3691977.
13. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF AGREEMENT RECORDED FEBRUARY 22. 2017
UNDER RECEPTION NO. 4280274.
14. TERMS, CONDITIONS AND PROVISIONS OF NON-EXCLUSIVE ACCESS EASEMENT RECORDED DECEMBER 12, 2017
UNDER RECEPTION NO. 4359454.
15. RIGHT OF WAY EASEMENT AS GRANTED TO KERR-MCGEE GATHERING LLC IN INSTRUMENT RECORDED
FEBRUARY 07, 2018, UNDER RECEPTION NO. 4373623.
16. RIGHT OF WAY EASEMENT AS GRANTED TO UNITED POWER INC IN INSTRUMENT RECORDED JUNE 11, 2018,
UNDER RECEPTION NO. 4406295.
17. NOTE: THE FOLLOWING NOTICES PURSUANT TO CRS 9-1.5-103 CONCERNING UNDERGROUND FACILITIES HAVE
BEEN FILED WITH THE CLERK AND RECORDER. THESE STATEMENTS ARE GENERAL AND DO NOT NECESSARILY
GIVE NOTICE OF UNDERGROUND FACILITIES WITHIN THE SUBJECT PROPERTY: (A) MOUNTAIN BELL TELEPHONE
COMPANY, RECORDED OCTOBER 1, 1981 AT RECEPTION NO. 1870705. (B) WESTERN SLOPE GAS COMPANY,
RECORDED MARCH 9, 1983 AT RECEPTION NO. 1919757. (C) ASSOCIATED NATURAL GAS, INC., RECORDED JULY
20, 1984 AT RECEPTION NO. 1974810 AND RECORDED OCTOBER 1, 1984 AT RECEPTION NO. 1983584 AND
RECORDED MARCH 3, 1988 AT RECEPTION NO. 2132709 AND RECORDED APRIL 10, 1989 AT RECEPTION NO.
2175917. (D) PANHANDLE EASTERN PIPE LINE COMPANY, RECORDED OCTOBER 1, 1981 AT RECEPTION NO.
1870756 AND RECORDED JUNE 26, 1986 AT RECEPTION NO. 2058722. (E) COLORADO INTERSTATE GAS COMPANY,
RECORDED AUGUST 31, 1984 AT RECEPTION NO. 1979784. (F) UNION RURAL ELECTRIC ASSOCIATION, INC.,
RECORDED OCTOBER 5, 1981 AT RECEPTION NO. 1871004. (G) WESTERN GAS SUPPLY COMPANY, RECORDED
APRIL 2, 1985 AT RECEPTION NO. 2004300. (H) PUBLIC SERVICE COMPANY OF COLORADO, RECORDED
NOVEMBER 9, 1981 AT RECEPTION NO. 1874084. (I) UNITED POWER, INC., RECORDED JANUARY 24, 1991 AT
RECEPTION NO. 2239296.
Form 1094 closing/deeds/statutory/swd_no_statutory.html 25197238.1 (6431388)
PLEASE TYPE
5)2-
W..ld County, Colorado ❑ District Court
♦ COURT USE ONLY •
Court address:
901 Ninth Avaaae, Greeley, CI) 80632
Phone Number 970-351-7300
In Re:
Petitioner:
Ralph R. Arnold
Respondent/Co-Petitioner:
Brrnie J. Arnold
Attorney or Party Without Attorney (Name and Address):
Linda Mal lik
828 Kimt ark, Irrgmrtt, CD 80501
Phone Number 303..415.2290 E-mail:
FAX Number. Atty.Reg.#
Case Number 96.I)R39
Division 5 Courtroom
ORDER FOR CLERK OF COURT TO TRANSFER TITLE PURSUANT TO
C.R.C.P. 70
The Court, after reviewing and considering the Motion for Clerk of Court to Transfer Tale, any responses filed
and having reviewed the case file and being fully advised, orders as follows:
The Court orders that the Clerk of the District Court execute the necessary documents to transfer title to
the property described below to the U Petitioner ® Respondent/Co-Petitioner.
VAI
Make
Model Year
Legal Description of Property:
A tract of Land located in the State of COloradts, (laity of Weld, being more particularly &scrib d
as follows: All that part of the NA of the SEr of Section 2, 'Ibwrrship 1 North, Range 67 West of
the 6th P.M., lying West of the West Edge of the hef 5,ant er Ditch,
]PIING ' HEREFI M, that portico cniveyed to the State Letartmant of Higaays, State of Colorado by
reed reoarded %ipterter 24, 1958 in Ecok 1513 at Page 480. Raservirg ham, into Robert H. Caws
and Nona J. tom, all the ndranrals rot pzeviosly neserved unto Nina A. Miller and emepting all satin
Other Description of Property: dnetials that Yew been previously reeerved unto Nina A. Miller.
DATE: JUL 1 8 2000
BY
„"4/4,
U District Court Judge
District Court Magistrate
JDF 181S R1/00 ORDER FOR CLERK OF COURT TO TRANSFER TrrLE PURSUANT TO C.R.C.P. 70
1111111c.
COLORADO
DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
Applicant:
Leslie
JoAnn
B. Arnold
Arnold
c/o
Marcy
Case
Number:
RE
-2747
Planner:
SL
Trust
Legal
Description:
Pt.
SE4
Section
2, Ti
N,
R67W of
the 6th
P.M.,
Weld
County,
CO
Parcel
Identification
Number:
1469
02 000014
1
Lot
C Size:
N/A
Lot
B Size: 17+/-
acres
Lot
A Size: 5+/- acres
Water
Source: Well
Sewer Source: Se
.....
tic S stem
... .
Meets Criteria
Yes No
X
X
X
x
X
Criteria Checklist
1 Conformance with the Weld County Comprehensive Plan and
any adopted municipal plan.
2. Compatible with the existing surrounding land uses.
3. Consistent with the intent of the zone district.
4. Consistent with efficient and orderly development.
5. Complies with Recorded Exemption standards in Section 11.8 of the Weld County
Subdivision Ordinance.
6. Provides for adequate protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County.
Approved with Conditions
The Department of Planning Services has determined through the review, that the standards of Section 11.4.2.1 through
11.4.2.6 of the Weld County Subdivision Ordinance have been met. This Recorded Exemption is approved with the
following conditions in accordance with information submitted in the application and the policies of the County.
1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according
to the Weld County Individual Sewage Disposal System (l.S.D.S.) regulations.
2 Prior to recording the plat:
A. Lot A and Lot B shall share the existing residential/agricultural access. No circle drives or additional
accesses shall be granted.
B A 30-`oot wide joint access easement extending across Lot B from State Highway 52, for the benefit of both ,/
Lots A and B, shall be clearly shown on the plat. The joint access easement shall be dedicated for the use
as shown utilizing the language set forth in Section 11.7.1.12.5 of the Weld County Subdivision Ordinance.
This easement shall be graded and drained to provide all weather access.
C. All approved accesses shall be clearly shown on the plat.
D. The applicant shall provide the Weld County Department of Planning Services with a certificate from the
County Treasurer showing no delinquent taxes for the original parcel (mother parcel) area.
E. The following notes shall be placed on the plat:
1�
1) All proposed or existing structures will 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. Zoning Ordinance, the required setback is measured from the future right-of-way line.
2) Any future structures or uses on site must obtain the appropriate zoning and building permits. `/
3) Prior to the release of building permits the applicant shall submit evidence to the Department of
Planning Services that Lot A has an adequate water supply of sufficient quality, quantity and
dependability.
4) RIGHT TO FARM COVENANT
Weld County is one of the most productive agricultural counties in the United States. 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 there are drawbacks, including conflicts with longstanding
agricultural practices and a lower level of services than in town.
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; dust from
animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and
manure; smoke from ditch burning; flies and mosquitoes; the use of pesticides and fertilizers in the
fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of
the way of residential development without threatening the efficient delivery of irrigation to fields
which is essential to farm production.
Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware)
with more than 3,700 miles of state and county roads outside of municipalities. The sheer
magnitude of the area to beserved 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. Snow
removal for roads within subdivisions are of the lowest priority for public works or may be the private
responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to
municipal services.
Children 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 bum, puncture vines, territorial farm dogs, and
livestock present real threats to children. Controlling children's activities is important, not only for
their safety, but also for the protection of the farmer's livelihood.
5) Prior to the release of building permits, the applicant will be required to submit a recorded deed
describing the lot upon which the building permit is requested with the building permit application.
The legal description on such deed shall include the lot and Recorded Exemption number.
6) 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 Ordinance 169A.
3. The applicant shall submit a mylar plat.to the Weld County Department of Planning Services to be recorded in the
office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements
of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty (60) days from
the date of approval by the Department of Planning Services. The applicant shall be responsible for paying the
recording fees.
4. The Weld County Department of Planning Staffs approval.of this recorded exemption is based upon satisfying the
above conditions. Should an applicant be unwilling or unable to meet any one of these conditions, within 60 days
of approval, then this case will be forwarded to the Board of County Commissioners with a recommendation for
denial.
By
Sheri Lockman :+ Planner 11
Date June 9.2000
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RESOLUTION
RE: APPROVAL OF SUBDIVISION EXEMPTION NO. 174 - ROBERT AND NORMA
GROSS
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners has reviewed the
request of Robert and Norma Gross for an exemption from the defi-
nitions of "subdivision" and "subdivided land" in Section
30-28--101 (10) (d) , CRS 1973, as amended, and Section 2-1 A. (3)
of the Weld County Subdivision Regulations, and
WHEREAS, the Board of County Commissioners finds that Robert
and Norma Gross are the owners of certain parcels of land located
in part of the N' SEA, Section 2, T1N, R67W of the 6th P.M., Weld
County, Colorado, and
WHEREAS, Robert and Norma Gross desire to create one (1)
parcel of land by combining the two (2) existing parcels, and
WHEREAS, the parcel to be created is more particularly des-
cribed as follows:
Created Parcel
Parcel of land beginning at the northwest
corner of the southeast quarter of Section
2, Township 1 North, Range 67 West of the
6th P.M., Weld County, Colorado, thence
S0°04'E approximately 1300 feet to the
northwest corner of the south half of the
southeast quarter of Section 2, Township
1 North, Range 67 West, thence N89°55'E
approximately 1080 feet to west edge of
New Brantner Ditch, thence northwesterly
along the west edge of New Brantner Ditch
approximately 1650 feet to a point 160 feet
N89°52'E of point of beginning, thence
west 160 feet to point of beginning
approximately 22 acres more or less.
WHEREAS, the Board, after hearing the testimony and having
reviewed the application, desires to grant the request of Robert
and Norma Gross for Subdivision Exemption No. 174.
•
831037
Page 2
RE: SE #174 - GROSS
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the above described
parcel be, and hereby is, declared to be exempt from the defi-
nitions of "subdivision" and "subdivided land" as set forth in
Section 30-28-101(10), CRS 1973, as amended, and Section 2-1 A.(3)
of the Weld County Subdivision Regulations.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 16th day of
February, A.D., 1983.
ATTEST:
Weld County Clerk and Recorder
and Clerk to the Boar
APPROVED AS TO FORM:
uty Coun y erk
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
EXCUSED DATE OF SIGNING - AYE
Chuck Carlson, Chairman
A.I
Martin, Pro-Tem
754:=L"--
Brantn
(L,
EXCUSED DATE OF SIGNING - AYE
Norman Carlson
nson
DAY FILE: February 28, 1983
UP9
RESOLUTION
DIVISION OF LAND NO. 1469 -2 -4 -RE -85
DETERMINED TO BE EXEMPT FROM THE DEFINITION OF SUBDIVISION
RANGE 67 WEST, TOWNSHIP 1 NORTH, SECTION 2
PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER (N2SE%):
WHEREAS, on May 5, 1972, the General Assembly
of the State of Colorado, enacted Senate Bill #35 as relates
to Chapter 106 of the Colorado Revised Statutes, and
WHEREAS, on August 30, 1972, the Board of County
Commissioners of Weld County, Colorado, adopted Subdivision
Regulations for Weld County, Colorado to comply with the
prescribed Senate Bill #35, and
WHEREAS, the Weld County Planning Commission
has recommended to the Board of County Commissioners for
recording of plat number 1469-2-4-RF-85 as provided in
Section 9 of the Subdivision Regulations (exemption rules and
regulations) for Weld County, Colorado.
Said division of land determined to be exempt
from the definition of subdivision is more particularly
described as follows:
That portion of the North Hlaf of the Southeast Quarter
of Section 2, Township 1 North, Range 67 West of the
6th P.M., County of Weld, State of Colorado, more
particularly described as follows:
Beginning at the Northeast Corner of said Southeast
Quarter; thence along the Fast -West Centerline of
said Section North 89°52'37" West 2,617.98 feet to the
center of said Section; thence along the North -South
Centerline of said Section South 0°04'32" Fast 60.00
feet more or less to the True Point of Beginning.
Thence continuing South 0°04'32" East 1,262.96 feet
to the Southwest Corner of said North Half; thence
along the South line of said North Half South 89°56'19"
Fast 2,623.38 feet to the East line of said Southeast
Quarter; thence along said East line North 0°18'36"
West 1,210.16 feet to the Southeast Corner of that
certain Parcel recorded in Book 1513, Page 480, records
of said County; thence along the Southerly line of
said Parcel North 89°52'37" West 23.90 feet; thence
North 44°51'37" West 70.00 feet; thence North 89°
52'37" West 2,544.73 feet more or less to the Point
of Beginning.
The above described Parcel is subject to that certain
15.00 foot easement recorded in Book 1513., Page 482,
records of said County.
The above described Parcel contains a gross agreage of
75.85 Acres more or less.
NOW, THEREFORE, BE IT RESOLVED, by the Board of
County Commissioners of Weld County, Colorado, that the
Chairman be and he is hereby authorized to sign the plat of a
division of land determined to be exempt from the definition
of Subdivision No. 1469-2-4-RF.-85 , for recording.
The above and foregoing resolution was, on
motion duly made and seconded, adopted b the following vote:
AYES:
R
THE ��AifDC�P�Y COMMISSIONERS
WEL COUN C0LOARDO
Dated: October 17, 1973
730761
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